11/12/1998PENSION ADVISORY COMMITTEE MEETING
CITY OF CLEARWATER
November 12, 1998
Present: Rita Garvey Chair/Mayor
J. B. Johnson Vice Chair/Commissioner
Robert Clark Committee Member/Commissioner
John Scacca Committee Member
Also Present: Pam Akin City Attorney - departed 9:35 a.m.
Leslie Dougall-Sides Assistant City Attorney
Rick Ebelke Human Resources Manager
Debbie Ford Administrative Analyst
Patricia O. Sullivan Board Reporter
Absent: Dick Fitzgerald Committee Member
Pat Shepler Committee Member
Pat Greer Committee Member
The Chair called the meeting to order at 9:02 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
Member Clark moved to approve the minutes of the regular meeting of October 8, 1998, as corrected by the City Clerk Department. 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. Helen Davis - Staff Assistant I, Customer Service
AND
2. Jeffrey P. Kronschnabl - Police Lieutenant, Police Department
AND
3. Armener White - Solid Waste Equipment Operator, Solid Waste
AND
4. Richmond G. Smith - Public Services Director, Public Works
Concern was expressed that a precedent may be established if Jeffrey Kronschnabl can retire and receive pension benefits while he continues City employment in another position. In
response to a question, Assistant City Attorney Leslie Dougall-Sides said Lt. Kronschnabl’s new salary would not increase the amount of his pension as his new position as a professional
employee contracted by the City Manager does not pay overtime and does not qualify for pension plan participation. The City Attorney said it is not to Lt. Kronschnabl’s benefit to remain
in the pension plan. He will lose some benefits and start his new position as a new City employee. In response to a concern, the City Attorney said another person could request the
same benefit. Lt. Kronschnabl will contribute to Social Security in his new position.
Member Clark moved to approve a Years of Service Pension for Helen Davis, Jeffrey P. Kronschnabl, Armener White, and Richmond G. Smith. The motion was duly seconded and carried unanimously.
b) Review and Action on Employee Request to Vest Pension
1. Deborah K. Strutt - General Support Services
Deborah K. Strutt has resigned her position after being employed by the City for more than 13 years. She will qualify to receive her reduced pension beginning May 01, 2015.
Member Johnson moved to approve the request by Deborah K. Strutt to vest her Pension. The motion was duly seconded and carried unanimously
c) Review and Action on Employee Request to Waive Vested Pension Rights
1. Timothy Treble - Police Department
Timothy Treble resigned his position on May 14, 1998, but withdrew his resignation within 6 months as of October 26, 1998, and returned to his position as Police Officer. Since Mr.
Treble already is in the Pension Plan, it is necessary for him to waive his vested pension. His original pension date of January 17, 1987, will be adjusted by 164 days, the number of
days he was gone.
Member Scacca moved to approve the request by Timothy Treble to waive his Vested Pension rights. The motion was duly seconded and carried unanimously
b) Approval of New Hires as Pension Plan Members
As of November 5, 1998, the City has 1,641.4 FTEs and 1,735.5 budgeted positions.
Member Johnson moved to accept the following employees into membership in the Pension Plan:
Date of Pension Employment Elig. Date
Anna Chaplinsky, Library Assistant Library Department 09/28/98 09/28/98
Daniel Toro, Mechanic II General Services Dept. 09/28/98 09/28/98
Lisa Murrin, Engineer II Public Works Department 09/28/98 09/28/98
Scott Dempster, Recreation Programmer Parks & Recreation Dept. 07/06/98 10/01/98
Natalie Davis, Recreation Leader Parks & Recreation Dept. 02/02/98 10/05/98
Peter McCaffrey, Recreation Programmer Parks & Recreation Dept. 02/17/98 10/01/98
Victoria Zengel, Police Comm. Operator Police Department 08/31/98 08/31/98
Ken Steinke, Plans Reviewer Planning & Dev. Svcs. 10/12/98 10/12/98
Anthony Shaw, Maintenance Worker II Parks & Recreation Dept. 10/12/98 10/12/98
Billy Mallette, Irrigation Services Worker I Parks & Recreation Dept. 10/12/98 10/12/98
Antonia Gerli, Senior Planner Planning & Dev. Svcs. 10/19/98 10/19/98
Timothy Kurtz, Landscape Architect Public Works Department 10/01/98 10/01/98
Gregory Schuster, Police Recruit Police Department 10/26/98 10/26/98
Jeffrey Adkisson, Police Recruit Police Department 10/26/98 10/26/98
Gerald Theisen, Irrigation Svcs Worker I Parks & Recreation Dept. 10/26/98 10/26/98
Vincent Doran, Library Assistant Library Department 10/26/98 10/26/98
Harvey Washington, Maintenance Wrkr I Solid Waste Department 08/01/98 10/26/98
Garry Pritchard, Maintenance Worker I Solid Waste Department 08/25/98 10/26/98
Glenn Igel, Maintenance Worker II General Support Services 10/19/98 10/19/98
Karl Wassmer, Police Recruit Police Department 10/26/98 10/26/98
Darci Willis, WWTP Operator Trainee Public Works Department 08/10/98 10/24/98
David Barton, Police Recruit Police Department 10/26/98 10/26/98
Albert Granville, Police Recruit Police Department 10/26/98 10/26/98
Scott Dempster, originally hired as temporary, was changed to permanent and eligible for pension as of October 1, 1998. Natalie Davis, originally hired as part-time, was changed to
permanent and eligible for pension as of October 5, 1998. Peter McCaffrey, originally hired as part-time, was changed to permanent and eligible for pension as of October 1, 1998. Harvey
Washington and Garry Pritchard, originally hired as temporary, were changed to permanent and eligible for pension as of October 26, 1998. Darci Willis, originally hired as temporary,
was changed to permanent and eligible for pension as of October 24, 1998.
The motion was duly seconded and carried unanimously.
ITEM #5 - Pending/New Business
The City Attorney indicated the PAC (Pension Advisory Committee) had approved Jeffrey Harper’s Years of Service Pension without having all relevant facts. She had requested the pension
request be brought back to explain the issues.
Although Mr. Harper had worked for the City for 30 years, he was not permitted to join the Pension Plan during his first 5 years of employment. No change was made to the plan at the
time and no record indicates the reason City administration had refused him admission. Mr. Harper had entered an agreement with the City that enabled him to apply to the PAC for a Years
of Service Pension based on his hire date. When the PAC considered this issue in October, these facts were not brought forward.
The City Attorney said she had discussed the issue with the City’s actuary and employment attorney who recommended approval of Mr. Harper’s request based on IRS regulations which requires
employers to “fix” problems caused by employer errors. The attorney will provide a letter explaining the issue.
The City Attorney noted Mr. Harper did not make payments to the Pension Plan during those 5 years. In response to a question, she said the City’s files do not indicate why this
discrepancy had occurred. The City Attorney indicated crediting Mr. Harper with the 5 years increases his benefit by approximately $700 a month. It seems the Assistant City Manager
at the time had made an arbitrary decision without proper authority. No legal exclusion at the time of Mr. Harper’s hire was relevant. In response to a question, the City Attorney
said the actuary had indicated approval of the full pension would have little impact on the plan. In response to a question, she said relevant records may have never existed. The City
now is in compliance with its record keeping.
In response to a question, the City Attorney indicated Mr. Harper’s pension application was based on 30 years of employment. It was felt approval should be unanimous. The City Attorney
said no other employee is affected by a similar situation. It was recommended the item be brought back when the full committee is in attendance. It was remarked approval at the December
meeting would not provide the Pension Trustees an opportunity to approve the pension before January. In response to a question, the City Attorney said she was not aware this issue had
been presented to the PAC until after last month’s meeting. She reiterated the City has no documentation indicating why Mr. Harper’s initial acceptance into the Plan was denied. It
was noted the Pension Trustees must approve the pension before Mr. Harper begins to receive payment.
Member Johnson moved to remand approval of Jeffrey Harper’s Years of Service Pension to the Pension Trustees to make a final decision. The motion was duly seconded and carried unanimously.
ITEM #6 - Director's Reports
Administrative Analyst Debbie Ford reported Ken Davenport is applying for a non job-connected disability. Staff has requested to waive the requirement for an occupational assessment.
An IME (Independent Medical Examination) will be required.
In response to a previous request by Bob Lockwood to review issues related to actuarial equivalencies, Mr. Ebelke said no one on staff is competent to make recommendations on actuarial
issue. Staff has recommended the Pension Trustees hire an actuary to tabulate the figures. It was suggested this issue be delayed until the PAC’s outside counsel is hired. Ms. Dougall-Sides
said the RFP (Request for Proposals) for that position has been released. Plans are for the attorney to start in February 1999. It was recommended this be outside counsel’s first project.
The counsel can provide an estimate of actuarial costs and applicable information. Bob Lockwood said it is important that the Pension be fair and equal to all participants.
The next PAC meeting is scheduled for December 10, 1998.
ITEM #7 - Board Members to be Heard - None.
ITEM #8 - Adjournment
The meeting adjourned at 9:48 a.m.