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HomeMy WebLinkAbout1994-01-13 POPB MINUTES.~ POLICE PENSION BOARD MEETING January 13, 1994 A regular meeting of the Englewood Police Pension Board was called to order by Board Member Frank Gryglewicz, at 1 :30 p.m. in Conference Room B of the City of Englewood City Hall, 3400 South Elati Street. Members Present: Members Absent: Others Present: Norm Wood, Chairperson James Phelps, Council Appointee Rick Forbes, Employee Representative Frank Gryglewicz, Acting Director of Financial Services Dave Miller, Employee Representative Sheri Gulley, Mayor Rick DeWitt, City Attorney, Carol Wescoat, Recording Secretary C.R. (Bob) Goetz, Retiree A quorum was present. * * * * * Seating of Board Member Mr. Gryglewicz congratulated Mr. Wood on being re-elected to the pension board. MR. GR YGLEWICZ MOVED TO NOMINATE NORM WOOD AS CHAIRPERSON FOR THE BOARD. MR. MILLER SECONDED. Ayes: Nays: Abstention Absent: The motion carried. Approval ofMinutes Miller, Phelps, Gryglewicz, Forbes None Wood Gulley MR GRYGLEWICZ MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF OCTOBER 14, 1993; JOINT BOARD MEETING OF OCTOBER 27, 1993. MR. MILLER SECONDED. Ayes : Nays: Absent: Wood, Phelps, Forbes, Miller, Gryglewicz None Gulley The motion carried. * * * * * Chairperson Wood requested the agenda items be rearranged to allow Mr. Goetz to address the Board first. C.R. (Bob) Goetz to address the Board Mr. Goetz briefly reviewed the calculation of his retirement benefit stating at one point in time police officers received credit for all police service within the State. Mr. Goetz explained that his service history included approximately seven years of service prior to a two year break in service . He did not receive service credit for the seven years because the term "continuous service" was included in the plan just prior to his retirement. During the break in service he was not working as a police officer. He requested the Board take into consideration the prior service for a re-calculation of his benefit. Chairperson Wood suggested Mr. Goetz provide the Board with all available documentation of service dates to assist with the determination of his request. No further action will be taken until Mr. Goetz presents the appropriate documentation . OLD BUSINESS 20% Supplemental Disability Benefit for the Beneficiary of Grady Brackeen Chairperson Wood reviewed Mr. DeWitt's opinion letter recommending discontinuing the 20% Supplement Disability Benefit for Grady Brackeen's beneficiary. The opinion also advised the Board to pursue recovery of the overpayment. The discussion that followed indicated the board should discontinue the 20% Supplemental Disability Benefit. The board had previously discussed not pursuing recovery, primarily because the overpayment had been the City's error. Mr. DeWitt commented that even though Mrs. Brackeen may have accepted the money in good faith, the City funds the 20% Disability Benefit entirely, and the Board's fiduciary responsibility includes pursuing recovery . Chairperson Wood stated that the Board had set a precedent by recovering an overpayment made to Robert Penney. Mr. Penney, a former officer, received the 20% Supplemental Disability Benefit after his normal retirement date. Recovery was made by reducing his monthly benefit until the overpayment was recovered. Mr. DeWitt suggested contacting Mrs. Brackeen to determine her financial status and make arrangements to recover the funds . He also stated the statute of limitations is six years to recover the funds. Mr. DeWitt further suggested considering accepting the pledge of an asset in the form of a life estate as a form of potential recovery. 2 •• MR. PHELPS MOVED TO NOTIFY MRS. BRACKEEN THAT THE 20% SUPPLEMENT AL DISABILITY BENEFIT WILL BE DISCONTINUED ON THE JANUARY 31, 1994, BENEFIT CHECK. MR. MILLER SECONDED Ayes: Nays: Absent: The motion carried . Miller, Phelps, Gryglewicz, Forbes, Wood None Gulley Mr. Miller left 2:00 p .m . Consideration of Request by D. Nessan, T. Vandermee, and S. Knoll Chairperson Wood reviewed the prior events relating to the request to change the hire dates of Douglas Nessan, Thomas Vanderrnee, and Steven Knoll . Mr. DeWitt presented an opinion letter changing the cadets hire dates primarily because their job responsibilities were comparable to those of a police officer based on the statutes in effect at the time . Chairperson Wood further indicated that past administration erred by including them in the Nonemergency Pension Plan, not the Police Pension Plan. MR. PHELPS MOVED TO ACCEPT MR. DEWITT'S OPINION TO CHANGE THE DATE OF HIRE TO APRIL 3, 1973 FOR NESSAN, V ANDERMEE, AND KNOLL. MR. FORBES SECONDED . Discussion followed related to the fact that the cadets made arrests and consequently performing police duties . The current cadet program does not grant those powers. Ayes: Nays : Absent: The motion carried. Wood, Phelps, Gryglewicz, Forbes None Gulley, Miller Chairperson Wood requested a letter be sent to Nessan, Vandermee, and Knoll advising them for pension purposes, their date of hire is April 3, 1973, and their retirement eligibility and benefits will be based on this date. Chairperson Wood suggested Mr. Gryglewicz discuss with Nessan, Vandermee, and Knoll the necessary adjustments (i.e., cash contribution to allow for the difference of contribution) that must be made for in contribution levels . Also, a transfer of funds, including applicable interest from the Nonemergency Pension Plan to the Police Pension 3 Plan should be made . Also, the City should make up any differences between what the contribution and interest should have been and what was made . NEW BUSINESS Consideration of Request by Allan Stanley Chairperson Wood reviewed a letter from Allan Stanley requesting his date of hire for pension purposes be September 13, 1969, his date of service as a civilian dispatcher. He went on to explain that when Mr. Stanley was a dispatcher, the officers and dispatchers worked on a "team concept." Mr. DeWitt will review the circumstances and provide an opinion for the Board . Consideration of Request by Gary Condreay Chairperson Wood clarified the request was his own, rather than Gary Condreay' s . The request on behalf of Gary Condreay is related to his having been hired as a cadet and was dismissed from the City when the cadet program was discontinued. Mr. Condreay was later rehired as a patrol officer. Chairperson Wood stated, based on Mr. DeWitt's opinion on the hire dates ofNessan, Knoll, and Vandermee, Mr. Condreay should be credited for his period of service as a cadet. He went on to say that Mr. Condreay performed the same duties as a cadet as Nessan, Knoll, and Vandermee, and he did not voluntarily terminate employment with the City. b Chairperson Wood requested an opinion from Mr. DeWitt clarifying if Mr. Condreay's service time as a cadet should be considered credited service for retirement benefit purposes under the Police Pension Plan. Mr. Phelps acknowledged and expressed appreciation for Mr. DeWitt's efforts on behalf of the Board . MEMBERS CHOICE Mayor Wiggins Appreciation Mr. Gryglewicz presented the copy of a letter of appreciation for Mayor Wiggins. Investment Managers Search Mr. Gryglewicz reminded the Board of the investment managers search. The next joint board meeting has not been scheduled. Mr. Gryglewicz suggested the meeting be scheduled as soon as possible after the next reports from The Boston Company are 4 •• ,• received . He also stated that Mr. DeWitt is researching the Statutes for restrictions on investments . William M. Mercer, Inc . will provide the Boards with their suggested investment policies after Mr. DeWitt has researched each plans restrictions . Mr. DeWitt stated that State Statutes contain approximately twenty-five sections relating to investment restrictions . Chairperson Wood questioned the approval of the supplemental appropriation for a funding increase to the plan . Mr. Gryglewicz stated it had been his understanding the amounts Chairperson Wood was referring to were the normal budgeted amounts for the year and not an increased City contribution. It appears to have been some confusion relating to the budgeting process . Mr. Gryglewicz will research and return his findings to the Board. MR. PHELPS MOVED, AND MR. GRYGLEWICZ SECONDED, TO ADJOURN. Ayes: Nays : Absent: Wood, Phelps, Gryglewicz, Forbes None Miller, Gulley The meeting adjourned at 2:35 p.m. ki:ulak~ Carol Wescoat Recording Secretary 5