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12/12/1996 PENSION ADVISORY COMMITTEE CITY OF CLEARWATER December 12, 1996 Present: Rita Garvey Chair/Mayor J. B. Johnson Vice Chair/Commissioner Richard Breest Committee Member - arrived 9:02 a.m. Robert Clark Committee Member/Commissioner Pat Greer Committee Member Dick Fitzgerald Committee Member Pat Shepler Committee Member Leslie Dougall-Sides Assistant City Attorney Michael Laursen Human Resources Director Patricia O. Sullivan Board Reporter The Chair called the meeting to order at 9:00 a.m. at the Municipal Services Building. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #2 - Approval of Minutes Member Greer moved to approve the minutes of the regular meeting of November 14, 1996, as recorded and submitted in written summation to each member. The motion was duly seconded and carried unanimously. ITEM #3 - Employees to be Heard - None. ITEM #4 - Action Items a.) Review and Action on Employee Requests for Years of Service Pension 1) Charles T. Marsh- Lead Operator, Engineering Department - 20 years of service designation Member Johnson moved to approve a 20 Years of Service Pension for Charles T. Marsh. The motion was duly seconded and carried unanimously. 2) Michael J. Egger - Police Captain, Police Department - 20 years of service designation - hazardous duty provision In response to a question, Human Resources Director Mike Laursen said when employees retire, they are provided options related to separation pay preferences and pension entitlement benefit payments. Member Clark moved to approve a 20 Years of Service Pension for Michael J. Egger. The motion was duly seconded and carried unanimously. b) Approval of New Hires as Pension Plan Members Human Resources Director Mike Laursen said he had reviewed all physician recommendations and reported all listed new hires meet Pension Plan criteria. In response to a question, Mr. Laursen said two new hires worked on a part-time basis previously. Carol Richard was hired February 5, 1995. She resigned on July 17, 1996, and did not withdraw her pension contributions. She withdrew her resignation on November 25, 1996. Her hire and pension dates were adjusted to June 13, 1995. Member Fitzgerald moved to accept the following employees into membership in the Pension Plan: Date of Pension Employment Elig. Date. Will Moore, Maintenance Worker I Parks & Recreation Dept 11/11/96 11/11/96 Jeffrey Harris, Sys. Analyst/Pgmr Information Mgmt. 11/12/96 11/12/96 Arthur Sprague, Accounting Clerk II Gas Department 11/18/96 11/18/96 John Fredere, Solid Waste Worker Solid Waste Department 11/25/96 11/25/96 Barbara Downs, Staff Assistant II Parks & Recreation Dept 02/05/96 11/25/96 Carol Richard, Maintenance Worker I Parks & Recreation Dept 06/13/95 06/13/95 Ronald Sciarretta, Construction Coor. Economic Development 11/25/96 11/25/96 Jacqueline Meinhardt, Library Asst. Library 10/14/96 11/25/96 The motion was duly seconded carried unanimously. ITEM #5 - Pending/New Business a) Discussion & Request for Approval of Pension Entitlement, Reexamination, and Recall from Disability Procedures In response to a question, Mr. Laursen suggested a returning employee could not be paid less than their range minimum even if it had increased above previous levels. The Pension Plan does not state a returning employee cannot be paid less than the current disability pension. It was noted the paramedic's base salary includes the paramedic bonus. Concern was expressed employees returning from disability leave and placed in positions substantially below their job level at time of injury could be paid significantly more than co-workers. Assistant City Attorney Leslie Dougall-Sides said if the PAC (Pension Advisory Committee) finds someone is capable of performing a City job or is no longer disabled, they have the option of recommending that employee return to work. It was noted funding for disabled workers is drawn from the Pension Plan while funding for employees is drawn from the General Fund. Reference was made to Pension Entitlement Review and Re-examination Procedure, sub-paragraph 3. Discussion ensued regarding the advantage of requiring statements and recommendations from primary care physicians or specialists involved with the employee's ongoing care. Concern was expressed employees may shop for favorable opinions. It was noted patients who do not agree with the opinion of their primary care physicians may seek relief elsewhere. Ms. Dougall-Sides noted this section relates to continuing eligibility and refers to requiring employees with previously approved disability claims to provide medical evidence that their disabilities still exist. Concern was expressed that another step not be added for pensioners. Consensus of the PAC was for language in (3) subparagraphs to read, a) The medical opinion of their primary care physician or appropriate specialist who is following the ongoing care of the pensioner and must be an M.D. or D.O. as to the existence of, and continuing permanency of, the pensioners' illness or injury; b) That opinion to include whether improvement in the employee's condition and/or ability to work is expected to occur and, if so, what time period is projected for such improvement; and c) That opinion to include the extent to which the injury or illness of the pensioner relates to his/her ability to render useful and efficient employment services. No changes were recommended for the last subparagraph. In response to a question, Ms. Dougall-Sides did not think language addressing compliance with ADA (Americans with Disabilities Act) is necessary as the City is required to comply with the law. It was suggested including language regarding difficulties returning disabled employees may experience. Mr. Laursen said the City's standard ADA policy addresses those concerns. In response to a suggestion, Mr. Laursen recommended against relating the Pension plan to Social Security benefits. Ms. Dougall-Sides said Social Security standards regarding disability differ from City standards and Social Security does not issue statements, upon request, related to disability. Mr. Laursen said the PAC can determine an employee's disability is permanent during any quarterly review. In reference to Call Back (1), the majority agreed to leave in language indicating someone with cardiomyapthy could be recalled to work after a successful heart transplant operation. Member Clark moved to approve the procedures draft regarding Pension entitlement, reexamination, and recall as amended. The motion was duly seconded and carried unanimously. A corrected copy of the procedures will be forwarded to the PAC prior to the January 9, 1997, meeting. ITEM #7 - Director's Reports Mr. Laursen reported he had sent a letter and related form to Donald McMullen, a Police Officer on disability status, regarding his employment with the U.S. Customs Office as a canine officer. A copy of the reply, received December 9, 1996, was forwarded to the Legal and Police departments. Mr. McMullen stated his current position is not equivalent to that of a Police Officer; he uses a passive, drug-sniffing dog in an airport setting and does not have arrest powers. Mr. Laursen recommended the PAC refer this issue to staff for review. A copy of Mr. McMullen's current job description was requested. Mr. Laursen will notify Mr. McMullen, indicating the PAC is reviewing this information. Dan Carpenter buy-back request In response to a question, Mr. Laursen said he had requested the Finance Department calculate the alternate computation regarding a buy-back for Dan Carpenter. The actuarial value was less than the amount Mr. Carpenter received when he left his first position with the City. Mr. Laursen will contact Mr. Carpenter with the information. January 9, 1997, meeting Mr. Laursen reported the January 1997, meeting will be held at the Municipal Services Building. ITEM #8 - Adjournment The meeting adjourned at 9:54 a.m.