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HomeMy WebLinkAbout1994-04-14 POPB MINUTESPOLICE PENSION BOARD MEETING April 14, 1994 A regular meeting of the Englewood Police Pension Board was called to order by Chairperson Norm Wood, at 1 :35 p .m. in Conference Room A of the City of Englewood City Hall, 3400 South Elati Street. Members Present: Members Absent: Others Present: Norm Wood, Chairperson James Phelps, Council Appointee Sheri Gulley, Mayor Frank Gryglewicz, Acting Director of Financial Services Dave Miller, Employee Representative Rick Forbes, Employee Representative Rick DeWitt, City Attorney, Don Mazanec, William M . Mercer Inc. Carol Wescoat, Recording Secretary Velma Brackeen, Spouse of Deceased Retiree A quorum was present. * * * * * Approval of Minutes MR. MILLER MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JANUARY 13, 1994; JOINT BOARD MEETING OF APRIL 5, 1994. MR PHELPS SECONDED . Ayes : Nays : Absent: The motion carried . Wood, Phelps, Gulley, Miller, Gryglewicz None Forbes 1 :36 p .m . Mayor Gulley left . * * * * * OLD BUSINESS Consideration of Discontinuance of20% Supplemental Disability Benefit for the Beneficiary of Grady Brackeen Chairperson Wood presented the circumstances relating to the discontinuance of the 20% Supplement Disability benefit Mrs . Brackeen is receiving . He stated that further research indicated Grady Brackeen remained eligible for the supplemental benefit until his death. Mrs. Brackeen had contacted Financial Services to contest the hire date listed on the information she received . Additional research ensued and indicated Grady had been employed by the City as a police officer from September 1963 to April 1964. Grady was rehired by the City on February 16, 1968 . The retirement system incorrectly listed a hire date and participation date of September 1, 1963 . Chairperson Wood requested an opinion from Mr. DeWitt ifthe ordinances permit a surviving spouse to receive any portion of the 20% Supplemental Disability Benefit. Mr. DeWitt stated the Municipal Code provides the 20% Supplemental Disability Benefit for the Police Officer only in addition to any other benefits. 1 :40 p.m. Mrs. Velma Brackeen joined the meeting. Chairperson Wood explained to Mrs . Brackeen the issues relating to the discontinuing of the benefit as it relates to her situation . Mr. DeWitt stated the benefit should cease at the point when recipient is eligible for normal non-disability retirement, whether living or not. He indicated the surviving spouse is not entitled to receive any portion of the 20% Supplemental Disability. The disability benefit becomes a death benefit at the time of death . Mr. DeWitt advised the 20% Supplement Disability Benefit should have ceased at the end of the month in which the death occurred . MR. MILLER MOVED TO CORRECT THE SPOUSAL BENEFIT MRS . VELMA BRACKEEN RECEIVES TO $314.50 PER MONTH. MR. GRYGLEWICZ SECONDED. Ayes : Nays: Absent: The motion carried. Wood, Phelps, Miller, Gryglewicz None Gulley, Forbes 1:50 p .m. Mrs . Velma Brackeen left the meeting. Discussion followed relating to the recovery of the overpayment. Chairperson Wood suggested recovery of the overpayment not be pursued since the overpayment was the Board's error and small relative to prior estimates. Mr. Gryglewicz inquired if it was the Board's fiduciary responsibility to pursue recovery . 2 I Mr. Miller suggested concern with setting a precedence for not pursuing recovery of funds paid in error and perhaps the next occurrence could be twenty-five thousand dollars, not twenty-five hundred . Mr. DeWitt offered to contact Mrs. Brackeen and determine her financial status and ability to repay the overpayment. 1 :55 p.m. Mayor Gulley returned. Mr. DeWitt feels it necessary to pursue recovery and he will repoti to the Board after further discussion with Mrs . Brackeen . :MR. PHELPS MOVED TO HA VE RICK DEWITT, THE CITY ATTORNEY PURSUE THE RECOVERY OF THE OVERPAYMENT. :MR. MILLER SECONDED. Ayes: Nays: Absent: The motion carried. Wood, Phelps, Gulley, Miller, Gryglewicz None Forbes Chairperson Wood clarified the discontinuance of the 20% Supplemental Disability Benefit to Mrs. Brackeen eliminated the need to transfer funds from the Pension Fund to the Health Selflnsurance Fund to provide benefit for any current recipients of the benefit. Mr. Miller suggested an annual review of benefit recipients to possibly prevent future overpayments and errors. Discussion of C.R. (Bob) Goetz Chairperson Wood reviewed the letter to Mr. Goetz that resulted from research relating to credited service. The research indicated that all service periods had been included in the calculation of Mr. Goetz' benefits. No further action will be taken unless Mr. Goetz presents additional documentation. Consideration of Request by Allan Stanley Chairperson Wood reviewed the events relating to Allan Stanley's request to include time as a dispatcher as credited service for the Police Pension Plan. Mr. DeWitt stated Mr. Stanley specified that he had not made contributions to any pension during his service as a dispatcher. 3 Mr. DeWitt said he based his opinion on information received prior to the meeting . Mr. Stanley's request did not indicate the duties performed were those of a police officer. Mr. DeWitt had not received or reviewed the memo from Mr. Stanley dated, April 12, 1994, prior to the meeting. Discussion followed related to Mr. Stanley's, April 12, 1994, memo indicating he performed the duties and wore the regular uniform of a police officer during the period in dispute. Chairperson Wood requested action be expedited because of the City's search for a City Manager. Mr. Stanley's position as Director could possibly be affected by a change in City Management. Discussion followed suggesting pursuing additional documentation of the statements Mr. Stanley has made concerning the duties performed . Mr. DeWitt suggested a decision could be made based upon the Board's acceptance of Mr. Stanley's statements. MR. GRYGLEWICZ MOVED ALLEN STANLEY'S HIRE DATE AND PARTICIPATION IN THE POLICE PENSION PLAN COINCIDE WITH HIS HIRE DATE OF SEPTEMBER 13, 1963 . MR. MILLER SECONDED. Discussion followed related Mr. DeWitt's opinion that determination of Mr. Stanley's performance as a police officer is the Board's decision. Chairperson Wood stated hire dates were not an issue and his reservations relate to the duties performed and would like to have additional documentation. Additional discussion referred to the prior determination of the cadet status ofNessan, Knoll , and Vandermee as it relates to Mr. Stanley's issue. Ayes : Nays : Absent: The motion carried. Wood, Phelps, Gryglewicz, Gulley, Miller None Forbes Consideration of Request by Gary Condreay Chairperson Wood reviewed the history of Gary Condreay's service as a cadet and subsequent dismissal because of the discontinuance of the cadet program . Mr. Condreay was later rehired as a patrol officer. Chairperson Wood stated, considering Mr. De Witt's opinion on the hire dates ofNessan, Knoll, and Vandermee, Mr. Condreay should be credited for his period of service as a cadet. 4 \ Mr. De Witt addressed the indication that some of the cadets were under the age of 21. The age of 21 is not the criteria for the pension . The age of 21 is for the arrest authority by Statute. The cadets had arrest powers and functioned as police officers . MR. PHELPS MOVED TO INCLUDE GARY CONDREAY'S CADET SERVICE AS PART OF ms CREDITED SERVICE. MR. MILLER SECONDED. Ayes : Nays: Absent : The motion carried . Wood, Phelps, Gryglewicz, Gulley, Miller None Forbes Discussion oflnvestment Policy Chairperson Wood reviewed the changes recommended by William M . Mercer, Inc., for the Investment Policy Guidelines . Mr. Gryglewicz stated he had requested the City Attorney's Office review the recommendations . The City Attorney acknowledged the recommendations were in compliance with State Statutes and the Municipal Code. MR. MILLER MOVED TO ACCEPT THE RECOMMENDED CHANGES TO INVESTMENT POLICY GUIDELINES. MR. GRYGLEWICZ SECONDED. Ayes: Nays: Absent: The motion carried. MEMBERS CHOICE Wood, Phelps, Gryglewicz, Gulley, Miller None Forbes Contributions amounts for Stanley. Condreay. Nessan, Knoll, and Vandermee Chairperson Wood requested the calculation of additional contribution dollar amounts for Stanley, Condreay, Nessan, Knoll, and Vandermee, including amounts that should be transferred from the Nonemergency Pension Plan. Mr. Gryglewicz will provide the figures as soon as possible . Discussion followed questioning if the police officers' additional contribution should included interest that would have accrued during the twenty year period. 5 Disability Pension Payments Mr. DeWitt presented a recent case from the Colorado Court of Appeals dealing with police disability pension payments . The opinion was that police disability pension payments are not marital property and are not subject to the equitably distribution thereof This is the most current ruling on the subject. MR. MILLER MOVED, AND MR. GRYGLEWICZ SECONDED, TO ADJOURN. Ayes: Nays: Absent : Wood, Phelps, Gryglewicz, Miller, Gulley None Forbes The meeting adjourned at 2 :50 p .m . Carol Wescoat Recording Secretary 6 \,