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HomeMy WebLinkAbout1996-07-24 FPB MINUTESi. • • FIREFIGHTERS PENSION BOARD MEETING July 24, 1996 A regular meeting of the Englewood Firefighters Pension Board was called to order by Chairperson Bill Young at 6:02 p .m. in Conference Room A of the Englewood City Hall, 3400 South Elati Street. Members Present: Members Absent: Others Present: Bill Young, Chairperson, Employee Denise Lombardi, Council Appointee Mike Gruninger, Employee Representative Frank Gryglewicz, Director of Financial Services Jay Seay, Employee Representative Tom Bums, Mayor (with notice) Dan Brotzman, City Attorney Don Mazanec, William M . Mercer, Co ., Inc. Patrick Landry, William M . Mercer, Co ., Inc. Carol Wescoat, Recording Secretary Chris Olson, Deputy Director of Safety Services Jeff Isham, Benefits Administrator Mr. & Mrs . Robert Hoover A quorum was present. * * * * * Approval of Minutes MR. GRYGLEWICZ MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF APRIL 22 , 1996 . MR. SEAY SECONDED. Ayes : Nays : Absent: The motion carried. Young, Lombardi , Gruninger, Gryglewicz, Seay None Bums MR. GRUNINGER MOVED TO APPROVE THE MINUTES OF THE JOINT PENSION BOARD MEETING OF MAY 1, 1996. MR. GRYGLEWICZ SECONDED. Ayes : Nays : Absent : The motion carried . Young, Lombardi , Gruninger, Gryglewicz, Seay None Bums * * * * * OLD BUSINESS Discussion of plan document changes. Mr. Mazanec stated they were behind schedule due to unforeseen circumstances. A draft of the proposed plan document should be mailed to board members the week of July 29 . NEW BUSINESS Consideration of benefit for Patrick McCoy. Patrick McCoy, a firefighter since January 1, 1969, has resigned effective June 3, 1996, and requested retirement benefits . MR GRUNINGER MOVED TO APPROVE MONTHLY BENEFITS OF $2, 174 .86, FOR PATRICK MCCOY, BEGINNING JUNE 4, 1996 . MR. GRYGLEWICZ SECONDED. Ayes : Nays: Absent : The motion carried . Young, Gruninger, Gryglewicz, Lombardi, Seay None Bums Consideration of benefit for Walter J. Jarrett. Jr. Walter J. Jarrett, Jr., a firefighter since January 15, 1958, has resigned effective July 14, 1996, and requested retirement benefits. MR GRUNINGER MOVED TO APPROVE MONTHLY BENEFITS OF $2,410 .35, FOR WALTER J. JARRETT, JR., BEGINNING JULY 15, 1996 . MR. GRYGLEWICZ SECONDED . Ayes : Nays: Absent : The motion carried . Young, Gruninger, Gryglewicz, Lombardi, Seay None Bums Consideration of Request for 20% Supplemental Disability by Robert Hoover • • MR. GRYGLEWICZ MOVED TO TABLE THE ISSUE UNTIL ADDITIONAL DOCUMENTATION COULD BE OBTAINED PROVIDING PROOF OF TOTAL AND • PERMANENT DISABILITY. Firefighters Pension Board Meeting 2 •• • • Mr. Gryglewicz distributed copies of a physician's statement indicating that Mr . Hoover was able to return to work with restrictions. Discussion ensued related to the Municipal Code guidelines for benefit eligibility and the necessity to examine the standards for continued eligibility of benefit. Mr. Isham reviewed the standards for the City's general service employee long term disability. Chairperson Young stated past legal counsel had commented that it was not the Board's position to make determination (once the firefighter was determined to be disabled by FPP A) that is the reason we were asking for the annual tax returns . Once the recipient shows gainful employment then we have the latitude to withdraw the benefit. Until such time arrived we did not have the power or discretion to negotiate these matters. Mr. Brotzman reviewed the most recent case, John Blanchard . Mr. Blanchard had a letter from FPPA that said there was an occupational disability. Mr. Blanchard stated that he was totally disabled . The City did not respond with information stating that he was not disabled . The Board then proceeded with the usual practice of checking tax returns. At that point John receives the 20%. This circumstance is different. The Board has at least a statement from a doctor saying the 100% disability claim is not true ... there is not 100% disability. Mr. Gruninger referred to the October 19, 1993 Board Meeting minutes stating, "Mr. DeWitt addressed the fact the City does not determine the eligibility of a recipient, the Board makes the determination ." Mr. Brotzman agreed the Board makes the determination, however, Mr. Gryglewicz has brought in additional information and suggested working with a physician to provide documentation that there is a 100% disability as a means of fulfilling the fiduciary responsibility of the Board . Mr. Brotzman stated the Board should make an informed decision with each the determination. Chairperson Young questioned which medical examination should be reviewed because Mr. Hoover has fulfilled the requirements under FPP A. Mr. Gryglewicz indicated that the FPP A approval was for an occupational disability, but there was no information indicating that Mr. Hoover is 100% disabled, totally and permanently disabled from performing any occupation as set forth in the Englewood Municipal Code. The benefit was designed for those individuals that are so disabled that they are unable to work in any occupation . Discussion followed suggesting the Board's fiduciary responsibility and the need for further evaluation of the individuals requesting or receiving the 20% Supplemental Disability Benefit as well as setting standards for certification and re- certification . Discussion ensued related funding changes and municipal code guidelines . Mr. Hoover reviewed his experience with the City's physicians and workman 's compensation . Mr. Brotzman explained that the Board was evaluating a different issue . The experience that he had mentioned were City issues and should be addressed by the City . The Board deals with only the 20% Supplemental Disability Benefit. If a physician is contacted for consultation it is this Pension Board and not Firefighters Pension Board Meeting 3 the City's initiation . The issue is if the Pension Board wants to investigate including a physician in this process. Mr. Hoover stated that when he was hired it was made very clear what the benefits were and the practices were and what the eligibility was. He can see no reason that he would not meet the eligibility for the 20%. He has no other occupation, certification, or anything that he can do at this time. His understanding of the language is that qualifies him for this benefit. Chairperson Young stated that the Board determines Mr. Hoover's eligibility for the benefit and then if the Board wants to make changes to the system, then that can be done after consideration of the benefit. The motion died for lack of second . MR. GRUNINGER MOVED TO APPROVE THE 20% SUPPLEMENT AL DISABILITY IN THE MONTHLY AMOUNT OF $741 .65, FOR ROBERT HOOVER BASED ON THE OCCUPATIONAL DISABILITY APPROVED BY FPPA AND ROBERT HOOVER'S STATEMENT OF ELIGIBILITY AS OF JUNE 20, 1996 AND THE ELIGILBITY REVIEWED ON AN ANNUAL BASIS. MS . LOMBARDI SECONDED . Ayes : Nays : Absent: The motion carried . Young, Gruninger, Lombardi , Seay Gryglewicz Bums MS. LOMBARDI MOVED TO INCLUDE DEFINITION OF PROCEDURES FOR PROOF OF ELIGIBILITY FOR THE 20% SUPPLEMENT AL DISABILITY BENEFIT ON THE NEXT MEETING AGENDA. MR. GRUNINGER SECONDED . Ayes: Nays : Absent : The motion carried . Young, Gruninger, Gryglewicz, Lombardi, Seay None Bums 7 :00 p .m . short break, resumed at 7:05 p.m . Scheduling of William M . Mercer. Inc. presentation semi-annual fund performance The Board's confirmed the week of August 26, 1996, for a potential meeting time . Firefighters Pension Board Meeting 4 .. •• • • • • Colorado Public Pension Conference Notification Ms . Wescoat explained the notification we had received stated no information other than scheduled dates. The usual cost is $350-$400. None of the Board members indicated interest in attending . • •••• MEMBERS CHOICE Ron Dean 20% Supplemental Disability Mr. Gryglewicz presented copies of correspondence to Ron Dean requesting documentation related to his continued eligibility for the 20% Supplemental Disability. Mr. Dean has not responded. MR GRUNINGER MOVED TO SUSPEND MONTHLY BENEFITS FOR RONALD DEAN, UNTIL REQUESTED DOCUMENTATION IS RECEIVED . MR. GRYGLEWICZ SECONDED. Discussion followed relating to the possibility of obtaining copies Mr. Dean's tax returns from the Internal Revenue Service. The Board agreed that the information would probably be considered as private and would not be provided by the Internal Revenue Service. The information must be provided by Mr. Dean . Further discussion indicated the eligibility burden of proof is on Mr. Dean . Ayes : Nays : Absent: The motion carried . Young, Gruninger, Gryglewicz, Lombardi , Seay None Bums Discussion related to changing Volunteer Firefighters payout method Mr. Gryglewicz presented information on converting the method of payment for Volunteer Firefighters . He distributed proposed rates for converting the funds in the pension plan to an annuity. An annuity could possibly provide a benefit increase that would also be actuarially sound . Mr. Mazanec suggested investigating the ratings of providers and working with FPP A to insure the change is acceptable. Mr. Brotzman will research the possibility of obtaining annuities through FPP A prior to William M. Mercer, Inc ., proceeding with their investigation . Firefighters Pension Board Meeting 5 :MR. GRUNINGER MOVED TO APPROVE WILLIAM M . MERCER, INC. 's INVESTIGATION OF ANNUITY PROVIDER RATINGS AND FPPA'S ACCEPTANCE OF THE ANNUITY PAYMENT METHOD FOR THE VOLUNTEER FIREFIGHTERS WITH THE INVESTIGATION COST BEING APPROXIMATELY $1,000 . :MR . GRYGLEWICZ SECONDED. Ayes: Nays: Absent : The motion carried. Young, Gruninger, Gryglewicz, Lombardi, Seay None Bums 20% SUPPLEMENT AL DISABILITY BENEFIT PAYMENTS Mr. Gruninger questioned the legality of the current benefit payment method. The Board agreed the procedure is correct. CHANGES OF STATE PLAN FOR DEATH AND DISABILITY BENEFITS The Board determined the changes to the Statewide Death and Disability were not a pension board matter. Further discussion ensued relating to the tax free disability and the related Colorado Senate Bill . Mr. Gruninger inquired about the new firefighter program for part-time or reserve firefighters. Mr. Olson commented that this was not a volunteer firefighter program . MR. GRUNINGER MOVED TO ADJOURN. :MR. SEAY SECONDED. Ayes : Nays : Absent: Young, Gruninger, Gryglewicz, Lombardi, Seay None Bums Meeting adjourned at 8 : 15 p .m. Carol Wescoat Recording Secretary Firefighters Pension Board Meeting 6 • •