12/13/2007
PENSION ADVISORY COMMITTEE MEETING MINUTES
CITY OF CLEARWATER
December 13, 2007
Present: Nathan Hightower Chair – departed 9:55/returned 10:32 a.m.
Tom Jensen Vice-Chair
John Schmalzbauer Committee Member
Carlen Petersen Committee Member/Councilmember
Stephen Sarnoff Committee Member
Paul Gibson Committee Member/Councilmember
Absent: John Doran Committee Member/Councilmember
Also Present: Stuart Kaufman Pension Advisory Committee Attorney
Joe Roseto Human Resources Director
Patricia O. Sullivan Board Reporter
The Chair called the meeting to order at 9:04 a.m. at City Hall.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
2 - Approval of Minutes - October 31, 2007 and November 8, 2007
Member Sarnoff moved to approve the minutes of the Joint Trustees of the Employees’
Pension Fund/Pension Advisory Committee meeting of October 31, 2007, and regular Pension
Advisory Committee meeting of November 8, 2007, as submitted in written summation to each
board member. The motion was duly seconded and carried unanimously.
3 – Employees to be Heard – None.
4 – Action Items:
a. Review and Action on Employee Requests for Regular Pensions:
1. Thomas E. Downes, Solid Waste/General Services
2. Anthony Holloway, Police
3. Jon Russell, Parks & Recreation
4. Kenneth McAteer, Solid Waste/General Services
5. Robert Cantrell, Solid Waste/General Services
Member Schmalzbauer moved to approve the requests for regular pensions for Thomas
E. Downes, Anthony Holloway, Jon Russell, Kenneth McAteer, and Robert Cantrell. The motion
was duly seconded and carried unanimously.
b. Review and Action on Employee Requests to Vest Pensions:
1. James Zetty, Public Utilities
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James Zetty, Public Utilities, has resigned his position after being employed by the City
for more than 17 years. He will qualify to receive his reduced pension beginning June 1, 2008.
Member Jensen moved to recommend approval of the request by James Zetty to vest
his pension. The motion was duly seconded and carried unanimously.
c. Approval of New Hires as Plan Members:
Member Sarnoff moved to accept the following employees into membership in the
Pension Plan:
Pension Eligible
Name, Job Class, & Dept./Div Hire Date Date
Ray Alequin, Senior Accountant/Budget 10/29/07 10/29/07
Dennis Coley, Air Conditioning Technician/General Services 10/29/07 10/29/07
Richard Auskalnis, Recreation Programmer/Parks & Rec. 10/29/07 10/29/07
Kervin St. Aimie, Electronics Technician/Public Utilities 10/29/07 10/29/07
Chris Livernois, Police Officer/Police 10/29/07 10/29/07
Jeremiah Mills, Firefighter/Fire 10/29/07 10/29/07
Angela Aldrich, Human Resources Technician/Human Res. 05/28/91 10/29/07
Doniela Prifti, Utilities Chemist/Public Utilities 10/15/07 10/15/07
Javan Thomas, Custodial Worker/Parks & Recreation 11/13/07 11/13/07
John Margnelli, Police Officer/Police 10/29/07 10/29/07
Brian Dort, Licensed Electrician/General Services 11/13/07 11/13/07
Kattrina Dowd, Recycling Specialist/Solid Waste 08/20/07 11/12/07
Mathew Dombrowski, Solid Waste Worker/Solid Waste 11/12/07 11/12/07
Alonzo Cherry, Custodial Worker/Library 11/05/07 11/05/07
Jorge Illich-Gejo, Graphics Designer/Public Communications 11/13/07 11/13/07
Derelle Houser, Network Support Technician I/Info. Tech. 10/29/07 10/29/07
Reinier Airado, Police Officer/Police 10/29/07 10/29/07
Michael Claypool, Police Officer/Police 10/29/07 10/29/07
Michele Litts, Police Officer/Police 10/29/07 10/29/07
Jeff Williams, Police Officer/Police 10/29/07 10/29/07
Edwin Merrill, Tradesworker/General Services 10/29/07 10/29/07
Joel Gerdt, Recreation Leader/Parks & Recreation 11/26/07 11/26/07
Christopher Errington, Recreation Programmer/Parks & Rec. 11/08/07 11/08/07
Allison McKinney, Senior Professional Engineer/Engineering 11/26/07 11/26/07
Steven Devore, Customer Service Rep/Customer Service 11/26/07 11/26/07
Angela Aldrich originally was hired as full time on May 28, 1991; transferred to part-time
on September 24, 2001; transferring from part-time to full-time and pension eligible as of October
29, 2007. Kattrina Dowd originally hired as part-time on August 20, 2007; status changed to full-
time and pension eligible as of November 12, 2007.
The motion was duly seconded and carried unanimously.
5 – Pending/New Business
a. Discussion of Proposed Pension Changes
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In response to a question, Finance Director Margie Simmons said while a DROP
(Deferred Retirement Option Plan) would have associated costs, a Back DROP could be
designed to be as cost neutral as possible, unless affected by adverse selection. While there
would be some non-quantifiable costs, Back DROP would not cause excessive increased costs
to the plan.
Discussion ensued regarding Section 2.399(7) and (9), which would reduce benefits to
participants receiving disability benefits who are engaged in a gainful occupation that pays more
than the difference between their retirement benefit and their average final compensation.
In response to questions, Pension Advisory Committee Attorney Stuart Kaufman said
the change, designed to control plan costs, would reduce or discontinue benefits for recipients
who are earning a living wage and would offset sums they receive as a result of the underlying
injury. Subject language will be clarified. He said those capable of earning a living do not
require disability benefits. Participants would be required to file annual financial statements.
Only earned income, not returns on investments, would affect benefits. Benefits would
automatically adjust upward when earned income is reduced. He estimated that less than 10%
of plans he represents in Florida includes similar language. He also reviewed other changes
proposed to correspond with current law.
Human Resources Director Joe Roseto said the optimum word is “disability;” the plan
provides income for participants who cannot earn a living. Normal length of service benefits
would not be affected. The change would be subject to collective bargaining. He said while the
Pension Plan is an important tool to recruit and retain staff, new budget difficulties require
modifications that are cost neutral or control City costs. He said the change is not intended to
disadvantage anyone. He said while elected officials are pressured to lower property tax costs,
employee expectations for increased benefits have not changed.
Ms. Simmons said State statute rules whether or not a public safety employee is
disabled but paying for the related benefit is up to the plan. Florida statutes do not address
offsets.
Discussion ensued in opposition with concerns expressed that the change would alter an
established practice, and could eliminate an entire benefit and exempt the City from its
responsibility for injuries. It was stated that the majority of disabilities are due to physical
injuries and workers compensation awards often are used to meet handicapped needs. It was
felt that police officers, disabled in the line of duty and no longer able to work as police officers,
already are punished and should be provided disability benefits for the rest of their lives. It was
felt that the City does not need to be on the vanguard to change a traditional benefit.
Discussion ensued in support with comments that disability benefits only should protect
someone’s ability to earn a living and not unduly benefit recipients with an additional stream of
income. It was indicated that the proposed change would not impact an employee’s award from
a negligence suit against the City. It was stated that committee members have a fiduciary
responsibility to taxpayers and with City income capped, each dollar has to be spent
responsibly.
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Mr. Roseto said staff will present PAC’s perspective to employee bargaining units when
requesting their input. Recommendations then will be forwarded to the Pension Trustees, who
will determine which changes will be considered via referendum. He hoped proposed changes
will be ready for voter consideration in November 2008.
Member Petersen moved for staff to submit the Pension Plan rewrite to employee
bargaining groups for input, noting PAC objections to proposed Section 2.399(7) and (9). The
motion was duly seconded and carried unanimously.
b. Discussion of Disability Pensions and Physical Requirements
Mr. Roseto reviewed job-connected disability injuries approved since January 2002 and
estimated costs to enhance pre-employment physicals for job classifications requiring physical
activity. He proposed adding cervical lumbar MRIs (Magnetic Resonance Imaging) to identify
preexisting conditions. In response to the City Manager’s mandate to focus on injury prevention
and wellness promotion, initiatives under consideration include physical fitness and expanded
wellness programs. Money has been budgeted. He hoped the return on investment will result
in fewer disabilities and less severe injuries.
It was recommended that the City identify physical problems, such as degenerative disc
disease, prior to employment and not hire applicants with physical problems to perform physical
labor. It was stated that injuries benefit neither individuals nor the City. Mr. Roseto said pre-
employment physicals could impact hiring decisions. It was noted that the majority of disability
claims affect backs.
Concern was expressed that physical examination costs are high and preexisting back
problems could exist beyond the cervical lumbar region. In response to a question, Mr.
Kaufman opined that the City has granted a high number of disability awards. He said the PAC
could deny a disability request if they determine an injury had aggravated a preexisting
condition
6 – Director’s Report
Mr. Roseto reported last month the PAC had approved Jesse Johnson’s request for a
regular pension. Mr. Johnson withdrew his application prior to Pension Trustee consideration;
he continues to work for the City.
7 – Committee Members to be Heard
Member Jensen said a new law permits cities to allow retired public safety employees to
use up to $3,000 pretax annually to pay for health insurance premiums. Mr. Kaufman estimated
the annual savings would be $750. The change could be allowed via administrative rule and
would not have to be codified in a pension ordinance. Mr. Roseto said the City is reviewing the
issue. Staff has concerns regarding implementation costs and would recommend limiting the
benefit to City health care plan participants.
Members wished all Happy Holidays.
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Member Jensen commented with the State fund under scrutiny, it is important that PAC
members and the Pension Trustees stay current with their fiduciary responsibilities.
8 - Adiourn
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Pension Advisory Committee
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