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02/12/1998PENSION ADVISORY COMMITTEE MEETING CITY OF CLEARWATER February 12, 1998 Present: J. B. Johnson Vice Chair/Commissioner Robert Clark Committee Member/Commissioner Pat Greer Committee Member - arrived 9:03 a.m. Pat Shepler Committee Member - departed 9:45 a.m. Dick Fitzgerald Committee Member John Scacca Committee Member Leslie Dougall-Sides Assistant City Attorney Steve Rosenthal Interim Human Resources Director Patricia O. Sullivan Board Reporter Absent: Rita Garvey Chair/Mayor The Vice-Chair called the meeting to order at 9:01 a.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #2 - Approval of Minutes In reference to the January 8, 1998, minutes, Member Clark referred to page 3, paragraph 3, sentence 3, and noted a typo that should read “Mr. Cheatum.” Member Fitzgerald moved to approve the minutes of the regular meeting of January 8, 1998, as recorded and submitted in written summation to each board 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) Paul E. Maser - Deputy Police Chief, Police Department - hazardous duty provision Member Fitzgerald moved to approve a Years of Service Pension for Paul E. Maser. The motion was duly seconded and carried unanimously. b) Approval of New Hires as Pension Plan Members In response to a concern that 14 of the 22 new employees were hired by the Police Department, it was indicated these are replacements. Police recruits graduate from the academy in groups. In response to a question regarding Russell Dunning, Interim Human Resources Director Steven Rosenthal indicated the physical criteria for acceptance into the Pension Plan has changed since Mr. Dunning was denied membership previously. It was requested the monthly Human Resources memorandum to the PAC (Pension Advisory Committee) recommending new hires for acceptance into the Pension Plan note the total FTE (Full-Time Equivalent) positions that result. Mr. Rosenthal said these numbers change daily. It was requested a specific date be used monthly so that trends can be recognized. Member Greer moved to accept the following employees into membership in the Pension Plan: Date of Pension Employment Elig. Date. Robert Jones, Maintenance Worker I Parks & Recreation Dept. 12/22/97 12/22/97 Deborah Weitzel, Accounting Clerk Finance Department 12/22/97 12/22/97 Damian Leffler, Maintenance Worker I Parks & Recreation Dept. 12/22/97 12/22/97 Ken Sides, Engineer III Public Works Department 01/05/98 01/05/98 Kathleen Bedini, Staff Assistant I Central Permitting Dept. 01/05/98 01/05/98 Daniel Parri, Police Info. Technician Police Department 12/22/97 12/22/97 David Hinves, Traf. Sign & Mkg. Tech Public Works Department 01/05/98 01/05/98 Mark J. Slimer, Tradesworker II General Services Dept. 07/07/97 01/05/98 John C. Connor, Police Recruit Police Department 01/05/98 01/05/98 Stephen M. Meeker, Police Recruit Police Department 01/05/98 01/05/98 Kris M. Wise, Police Recruit Police Department 01/05/98 01/05/98 Troy A. Achey, Police Recruit Police Department 01/05/98 01/05/98 Derrick L. Bullard, Police Service Tech Police Department 01/05/98 01/05/98 Suzanne Sobkowiak, Police Info Tech Police Department 01/05/98 01/05/98 Lisa M. Enger, Police Recruit Police Department 01/05/98 01/05/98 Keisha N. Bradley, Police Com. Oper. Police Department 01/05/98 01/05/98 Philip Morrison, Police Cadet Police Department 01/05/98 01/05/98 Stephen T. Wannos, Police Svc. Tech Police Department 01/05/98 01/05/98 Nancy M. Steiner, Police Service Tech Police Department 01/05/98 01/05/98 Mary L. Burns, Police Cadet Police Department 01/05/98 01/05/98 Dino Roumanis, Police Recruit Police Department 06/24/96 01/05/98 Russell Dunning, Pub Wks Svc Wkr II Public Works Department 05/21/90 01/31/98 Mr. Slimer originally was hired on July 7, 1997, as a part-time employee; changed to permanent on January 5, 1998. Mr. Roumanis originally was hired on June 24, 1996, as a part-time employee; changed to full-time on January 5, 1998. Mr. Dunning originally was hired on May 21, 1990 and was denied membership; reexamined on January 31, 1998, and approved for pension as of that date. The motion was duly seconded and carried unanimously. ITEM #5 - Pending/New Business a) William Kleinsorge In her December 31, 1997, memorandum to the PAC, Assistant City Attorney Leslie Dougall-Sides responded to the request by Finance Department employee, William J. Kleinsorge, to retain hazardous duty Pension benefits related to his previous position as a Police Officer. She did not find in the pension ordinance any provision which would authorize a “split” pay-out of pension benefits contemplated by Mr. Kleinsorge in his request. A review of past City practice indicates that employees, including those contemplating transfer from hazardous duty positions to non-hazardous duty positions, have been advised such an option is not available. Ms. Dougall-Sides indicated an ordinance amendment would be necessary for Mr. Kleinsorge to pursue his request. Ms. Dougall-Sides stated any change to the Pension Plan requires a referendum. She said approval of Mr. Kleinsorge’s request would create union impacts on the benefits amount. In response to a question, she reported Mr. Kleinsorge had requested the ability to collect Pension benefits under hazardous duty provisions even though he no longer serves in a hazardous duty position. It was felt it is inappropriate for the PAC to act on the request without information regarding the impacts of such a change. Ms. Dougall-Sides said no current mechanism in the Pension Plan permits an employee to qualify for different pensions or be in 2 categories at one time. In response to a question, she said had Mr. Kleinsorge resigned from the City after vesting as a hazardous-duty employee, he would have qualified for a reduced pension on the 20th anniversary of his employment. The code states an employee must retire or resign to receive a pension benefit. In response to a question, Mr. Rosenthal reported the Human Resources Department had counseled Mr. Kleinsorge regarding this issue when he contemplated transferring out of a hazardous-duty position. All employees considering such a change are informed hazardous-duty Pension benefits cannot be transferred to non-hazardous-duty positions. It was noted employees who transfer to hazardous-duty positions do not qualify for hazardous-duty related Pension benefits until after serving 20 years in those positions. Mr. Rosenthal reported any such change would impact union bargaining. Member Fitzgerald moved to take no action regarding Finance Department employee William J. Kleinsorge’s request to retain hazardous-duty Pension benefits related to his previous position as a Police Officer. The motion was duly seconded and carried unanimously. b) Fred Maier In her February 4, 1998, memorandum to the PAC, Ms. Dougall-Sides responded to the request by Fire Department employee, Fred Maier, to consider allowing employees to choose an option for receipt of death benefits while employed with the City. She concluded the request is not allowed currently per the pension ordinance. Fred Maier said employees should be able to choose a pension benefit when they vest. He said ordinance language refers to the Pension Plan prior to the last change when only one option for Pension benefits was available. He suggested someone who is “near” retirement could be more than a year away from that action. In response to a question, Ms. Dougall-Sides said the Pension benefit of a vested employee who dies before retirement is limited to one option while retiring employees can choose from 6 options. She said that choice could be made legally when employees reach 10 years and qualify for vesting. The change may require additional paperwork related to beneficiary related issues in some divorce cases. It was noted employees may request to modify this choice due to changes in life circumstances. Member Shepler moved to enact Mr. Maier’s request to allow employees to choose a retirement option upon full vesting of their Pension and to direct Ms. Dougall-Sides to draft such language. The motion was duly seconded. Concern was expressed that employees will not be provided figures to aid them in choosing an option. Ms. Dougall-Sides indicated Human Resources Department employees currently are supplying those numbers. The accuracy of these figures is not guaranteed. Retiring employees are encouraged to seek private financial advice. Ms. Dougall-Sides said a potential for extra work would exist if staff must make appearances in court to provide information. Mr. Rosenthal did not feel extra staff would be needed to meet this change. Ms. Dougall-Sides recommended allowing vested employees to change their option due to changes in circumstances. It was felt this change will provide employees with “peace of mind.” Upon the vote being taken, the motion carried unanimously. c) James Cheatum - Hearing on Application for Job-Connected Disability Pension Mr. Rosenthal said the City has no objection to James Cheatum’s application for a job-connected disability pension. Robert Walker, attorney for Mr. Cheatum, reviewed the application. Mr. Cheatum, a Solid Waste Department employee, had fallen into the transfer station pit in August 1996, and injured his leg and back. He applied for a Job-Connected Disability Pension in October 1997. Mr. Cheatum is 65-years old and has worked for the City for 17 years. His heel remains seriously impaired after surgery. He has not had recommended back surgery. In response to a question, Mr. Rosenthal said based on Mr. Cheatum’s educational background and physical condition, he did not anticipate any positions opening for which Mr. Cheatum would qualify. Member Clark moved that James Cheatum be granted a Job-Connected Disability Pension effective on a date to be determined based on Mr. Cheatum’s disability that resulted from on-the-job circumstances which are described as ankle and back injury; all these injuries making him permanently unable to perform his job and documented by numerous medical statements of Gary Moskovitz, M.D.; Brett R. Bolhofner, M.D. and Andrew C. Maser, M.D., IME (Independent Medical Exam) physician, with accompanying dates of all the doctor visits. The motion was duly seconded and carried unanimously. ITEM #6 - Director's Reports The next PAC meeting is scheduled for March 12, 1998. ITEM #7 - Adjournment The meeting adjourned at 9:49 a.m.