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BOARD OF PENSIONS MINUTES Paula Weiss called the Regular Meeting of the Board of Pensions and Retirement to order at 9:08 a.m. in the Board?s Conference Room. Present: Paula Weiss Harvey Rice Celia O?Leary Brian Albert Carol Stukes Anne Kelly King Ronald Stagliano John Reilly William Rubin James Leonard Also Attending: Francis Bielli ? Pensions Mark Murphy ? Pensions Joshua Stein ? Law Dept. Andrew Thomas ? Fire Dept. Peter Kreher ? Attorney
Ms. Weiss stated that the first
order of business was the consideration of the Minutes of William Rubin made a motion to
approve the minutes of The
motion to approve the Minutes of CONSIDERATION
OF (117) PENSION APPLICATIONS William Rubin made a motion to approve. Carol Stukes seconded the motion. The
motion to approve carried unanimously 8-0. APPLICATION FOR SERVICE-CONNECTED DISABILITY BENEFITS Case of Elsie
Geraghty, Application for Service-Connected Disability Benefits ? Plan ?B? This is an application by Elsie Geraghty, former Police Officer, Police Department, for Service-Connected Disability Benefits in Plan ?B?. Ms. Geraghty sustained
a back injury while attempting to place hand cuffs on a combative
offender. Her date of injury is The following reports were reviewed: 1. Determination
from Dr. Wilhelmina Korevaar dated 2. Final
Medical Report from Dr. Michael R. McCoy dated 3. Medical Report from Orthopedic Specialist,
Dr. Barbara Frieman dated 4. Medical Report from Neurology Specialist, Dr. Michael Martin Cohen dated 5. Employee
Injury Report dated 6. Letter
from Police Commissioner, Charles H. Ramsey, dated
Ms. Geraghty is
61 years of age. She has 20 years, 7
months and 21 days of credited service. She is collecting Workers? Compensation.
She is currently receiving a
Service Pension benefit in the amount of $2,243.70 per month. Ms. Geraghty separated effective Ronald Stagliano made a motion to approve. John Reilly seconded the motion. The motion to approve
carried unanimously 8-0. Case of William
Rodriguez, Application for Service-Connected Disability Benefits ? Plan ?B? This is an application by William Rodriguez, former Police Officer, Police Department, for Service-Connected Disability Benefits in Plan ?B?. Mr. Rodriguez sustained injuries to his arm, shoulder, neck, legs, back and face when another vehicle ran through the light and crashed into his vehicle causing it to flip over on its side. His date of injury is The following reports were reviewed: 1. Determination
from Dr. Wilhelmina Korevaar dated 2. Final
Medical Report from Dr. Michael R. McCoy dated 3. Medical
Report from Orthopedic Specialist, Dr. Steven M. Allon dated 4. Employee
Injury Report dated 5. Letter
from Police Commissioner, Charles H. Ramsey, dated
Mr. Rodriguez is 46 years of age. He has 11 years, 6 months and 14 days of credited service. He is currently receiving Workers? Compensation. He is not receiving a pension benefit. Mr. Rodriguez separated effective Ronald Stagliano made a motion to approve. John Reilly seconded the motion. The motion to approve
carried unanimously 8-0. Case of Robert
Evans, Application for Service-Connected Disability Benefits ? Plan ?Y? This is an application by Robert Evans, former Laborer, Department of Streets, for Service-Connected Disability Benefits in Plan ?Y?. Mr. Evans sustained
an injury to his leg while carrying out his duties on the trash truck, when a
car hit him and pinned his legs to the back of the truck. His date of injury is The following reports were reviewed:
Mr. Evans is 52
years of age. He has 9 years, 1 month
and 2 days of credited service. He is
not currently receiving Workers?
Compensation. He is not receiving a
pension benefit. Mr. Evans separated
effective William Rubin made a motion to approve. Carol Stukes seconded the motion. The motion to approve
carried unanimously 8-0. APPLICATION FOR
SURVIVORSHIP BENEFITS ON BEHALF OF A MINOR Case of Sheila
Howard, Deceased, Application for Ordinary Death Benefits on Behalf of Minor ?
Plan ?J? This is an application by Shanta M. Howard, natural mother and guardian to receive ordinary death benefits on behalf of her son, Shavahe Malik Morgan, grandson of Sheila Howard. Sheila Howard, Caretaker for the Department of Recreation,
died as an active employee on Shelia Howard named Shanta M. Howard age 40, daughter and Shavahe Malik Morgan age 9, grandson as beneficiaries. Attached is a copy of the pension beneficiary form. Ms. Howard has submitted a statement requesting that benefits be paid directly to her on behalf of Shavahe Malik Morgan. Also submitted is a birth certificate with parentage naming Shanta Howard as Mother. If approved, Shanta M. Howard, will receive a monthly benefit of $705.59 on behalf of Shavahe Malik Morgan until he reaches the age of 18 when he will receive the benefit directly. Mr. Rubin asked if there ever was a point where a child has gotten to legal age and came back to the Board and said the money was spent inappropriately. Joshua Stein said he has not seen that happen in the eight years he has been here. John Reilly stated that they used to put the money away for the child until he/she was 18 years old, but the Board decided that it wasn?t the Board of Pensions responsibility so they discontinued it. The guardians would also come back to the Board requesting the money for school and other necessities and the Board would then approve it, so they got out of that. Francis Bielli stated that the Board?s responsibility is to
provide or not provide the benefit pursuant to the Code. If someone feels that a guardian is not
fulfilling their fiduciary duty as a guardian they can file an appeal in
William Rubin made a motion to approve. Carol Stukes seconded the motion. The
motion to approve carried unanimously 8-0. Case of Sekou
Moody, Deceased, Application for Ordinary Death Benefits on Behalf of Minor
Children ? Plan ?Y? This is an application by Lakeisha Ray, on behalf of her children, Sekou Moody Jr., age 2, Kaya Moody, age 5, K?mirah Moody age 4, and Sakeerah Moody, age 9, for ordinary death benefits in plan Y. Sekou Moody, former equipment operator for the Streets
Department died Ms. Ray submitted birth certificates for herself and her children. Social security benefit information has been forwarded for Sekou Moody Jr., Kaya Moody, and Sakeerah Moody. No social security information has been received for K?mirah Moody as of this time. Ms. Ray has also submitted a notarized letter which states Sekou Moody Sr., did not have any other minor children to her knowledge. If approved, a return of pension contributions in the amount of $1,218.00 each and a one-time additional death benefit of $2,779.00 each are due to Lakeisha Ray and her four minor children, payable in a lump sum. William Rubin made a motion to approve. Brian Albert seconded the motion. The motion to approve
carried unanimously 8-0. REQUEST TO CHANGE
SURVIVORSHIP OPTION Case of Melvin
Etsell, Request to Change Survivorship Option ? Plan B Melvin Etsell entered the DROP program effective At the time of his DROP entry he elected survivorship option
#1 naming his daughter as his beneficiary.
In a letter dated Therefore, Mr. Etsell requests permission from the Board to change his survivorship option. The following documents were reviewed:
Brian Albert stated that the benefit changed after Mr. Etsell went into DROP. Ronald Stagliano explained that when someone goes into DROP and the contract changes they receive every other benefit that is available under that contract. Mr. Estell took option #1 so this would not change his benefit in any way, except to provide survivorship benefits to his wife. He understands the Board?s concerns but since it won?t have to be recalculated he didn?t see a reason to object. This isn?t the type of thing that comes up everyday and doesn?t believe it will have a great effect of cost on the Fund. Ms. Weiss said they are concerned about it setting a precedent. Carol Stukes added that all of the unions have been trying to get this option. They can?t foresee what will happen in the future when they put things in the Ordinance. One of the things they allowed for was the right to guarantee any benefits that come under the union contract. Mr. Etsell tried to change it before he retired. In the 1970s when Pension Plan K changed to Plan J it was opened up to everyone to move into a better pension plan. She agreed also that the Board handles things case by case. Joshua Stein stated that it?s clear that once you enter DROP, you?re frozen at that point and changes are not allowed. DROP employees are treated as if they retired and cannot make any changes. Ms. Stukes talked about the health and welfare issue when the Mayor was going to change the number of years for retiree health coverage and it would have impacted the people in DROP. The question at the table then was if a DROP participant was entitled to the 5 years health coverage when they walk out the door or when they entered DROP. The Managing Director later rescinded the health and welfare changes; however the question was never answered. Mr. Reilly stated that Firefighters received the option #4 benefit before the Police and if a clause would have been included in the arbitration contract this individual would be eligible for option #4. James Leonard stated that under the Code it?s clear that you can?t permit this change. In respect to what Mr. Stagliano said, even if they consider a fiscal impact, from a legal perspective he doesn?t see anything that would allow the Board to consider the financial impact on the fund. Harvey Rice asked Mr. Stein if the Pension Code distinguishes from existing and new provisions that might be adopted when you go into DROP. His point is the Code addresses what exists when someone goes in DROP but since they are still employees and provisions change he questioned if they still receive vacation and sick time the same as other employees. Mr. Stein said the Code is silent as to that as opposed to other provisions in the Philadelphia Code, and civil service regulations which specifically speak to granting those rights to those who otherwise would not have had them. Under the Code, you have to make your final election at retirement and the calculation of your pension is frozen, regardless of what changes may occur subsequently, so whatever decisions you make at retirement is what you are stuck with. Mr. Stagliano replied that a DROP employee is entitled to any pay raise, increase in sick, vacation or holiday time they would get. Celia O?Leary pointed out that those things come under the civil service regulations. Ronald Stagliano made a motion to approve. Carol Stukes seconded the motion. The motion to approve
carried 5-3. REQUEST TO APPEAL
ADMINISTRATIVE DENIAL BEYOND 30 DAY APPEAL PERIOD Case of Edward P.
McLaughlin, Request to Appeal Administrative Denial Beyond 30 Day Appeal Period Mr. McLaughlin was hired as a Police Officer Recruit
effective His original application to purchase pension credit for his
prior employment with PGW from On ?I am a Philadelphia Police Officer as of October 2001 and a former PGW employee with over sixteen years of service (12/85 thru 10/01). I have been trying to resolve an issue regarding my pension and prior service credit. On I was told by the pension board that because I was vested with PGW that I did not have this option (please refer to the attached letter). I now understand that I should have been given this option to now purchase my service credit without any penalties or interest for the amount I should have been offered when I began working for the police department in 2001. Could you please
review my situation and respond to me at your earliest convenience. I can be reached at Note: Mr. McLaughlin is referring to his option to waive his entitlement to a vested pension with PGW in order to be eligible to purchase pension credit under
the City of In a letter dated On ?This is in response
to the It is stated in the
letter I received that ?your appeal was not received within 30 days of the
letter? dated I have since
realized that I do and should have the option to purchase prior pension credit
if I choose to forfeit my pension with the Philadelphia Gas Works. Please consider this letter as my written
appeal based on the above mentioned letter of Thank you for your time and consideration to this matter.? If approved, Mr. McLaughlin would only be eligible to purchase up to 10 of his nearly 16 years of employment with PGW. Mr. Rubin asked if the approval would allow Mr. McLaughlin to purchase the credited service time for $33,618 instead of $67,685. His understanding is that the administrative denial decision in 2001 was incorrect. Mr. McLaughlin provided a document that says he is not entitled to a pension at PGW and under the Code it is then permissible for him to buy the time. He asked if they are reconsidering the 2001 administrative denial. Mr. Rubin stated that Mr. McLaughlin met with Linda Donovan and he explained what he wanted to do and how he wanted to do it. He explained he would be sending a letter over refusing his pension. Mr. Bielli stated that the approval would allow him to appeal the administrative denial that he failed to appeal in 2001. He agrees with Mr. Rubin?s conclusion but not the facts. Mr. McLaughlin was not out of the PGW pension plan at the time, which is not allowed. At that time, he had not relinquished his PGW pension and he still has 16 years in the PGW pension. He believes what he is saying is he wasn?t instructed by staff that he had the ability to relinquish his interest in the pension, thereby allowing him the opportunity to subsequently purchase the time. That is a question of fact and he can address that at a hearing and his credibility can be judged versus the witnesses. This approval will give him the ability to appeal the administrative denial that he didn?t appeal in 2001 within the 30 days, but right now the facts are in dispute.
William Rubin made a motion to approve. Carol Stukes seconded the motion. The motion to approve
the appeal of the administrative denial beyond the 30 day deadline carried 5-3. OLD BUSINESS Case of George E.
Zielaskowski, Application for Service-Connected Disability Benefits ? Plan ?J? This case was denied
at the The Hearing Panel votes are as follows: Mr. Brian Albert: Recommend denial. No medical evidence of disability or evidence of connection to a work related injury provided. Ms. Hilary Cornell: Recommend denial. Petitioner failed to submit evidence in support of his appeal. Panel had no medical evidence upon which to make a decision. Ms. Carol Stukes: Recommend denial. Employee refused to provide medical evidence for consideration. The history of the case is as follows: * This is an application by George E. Zielaskowski, former Engineering Aide, Water Department, for Service-Connected Disability Benefits in Plan ?J?. Mr. Zielaskowski sustained
a back injury while entering a water pit.
The aluminum ladder he was standing on collapsed. His date of injury is The following reports were reviewed:
Mr. Zielaskowski is
65 years of age. He has 19 years, 8
months and 8 days of credited service. He
is collecting Workers? Compensation benefits.
He is currently receiving a
Service/DROP Pension benefit in the amount of $1,604.06 per month. He applied for Service-Connected
Disability Benefits on * Please note that at the hearing, the
applicant elected not to stipulate to the medical evidence in his case file therefore, there will be no medical opinion
submitted to the Board Members, in regards to his application for
service-connected disability benefits. Brian Albert made a motion to deny. Celia O?Leary seconded the motion. The motion to deny
carried unanimously 8-0. Case of James
Dolan, Application for Service-Connected Disability Benefits ? Plan ?Y? This case was denied
at the The Hearing Panel votes are as follows: Mr. Brian Albert: Recommend denial. Presence of significant pre-injury conditions unrelated to work injury. Ms. Hilary Cornell: Recommend denial. Mr. Dolan?s disability is not due solely. No medical to establish that condition is not degenerative. Ms. Carol Stukes: Recommend approval. Injury is due solely to the job. Employee had two surgeries recommended by NOVAC doctors that was not successful. This is an application by James Dolan, former Machinery & Equipment Mechanic, Mr. Dolan sustained
back and leg injuries while walking down a flight of metal steps; he slipped
and fell hitting his tailbone on two steps. His date of
injury is The following reports were reviewed:
Mr. Dolan is 57
years of age. He has 17 years, 6 months
and 17 days of credited service. He is collecting Workers? Compensation. He is currently
receiving an Optional Early service pension in the amount of $1,137.29,
effective Carol Stukes made a motion to approve. William Rubin seconded the motion. The motion to approve
carried 5-3. Case of Mary J.
Shepherd, Application for Service-Connected Disability Benefits ? Plan ?Y? This case was denied
at the October15, 2009 Board Meeting. A
Hearing Panel was held on The Hearing Panel votes are as follows: Mr. Brian Albert: Recommend denial. Chronic degenerative disc disease unrelated to a specific injury. Ms. Hilary Cornell: Recommend denial. No evidence to establish that
disability is solely due to the Ms. Carol Stukes: Recommend approval. Injury is due solely. Testimony showed that the employee had two work related injuries. The history of the case is as follows: This is an application by Mary J. Shepherd, former Custodial Worker, Ms. Shepherd sustained
back and leg injuries when she was taking the trash bag out of the trashcan,
and she felt a pulling in her back and pain traveled down both of her legs. Her date of injury is The following reports were reviewed:
Ms. Shepherd is
64 years of age. She has 4 years, 0 months
and 15 days of credited service. She is
collecting Worker?s Compensation. She is not receiving a pension benefit. She applied for Service-Connected
Disability benefits on Carol Stukes made a motion to approve. William Rubin seconded the motion. The motion to approve
carried 5-3. NEW
BUSINESS ·
Executive
Director?s Report a. Ratification of Travel Requests ? Mr. Bielli stated that John Reilly
and Carol Stukes submitted requests simultaneously with the adoption of the new
travel policy. Due to the timeliness of
the requests they were submitted to the Finance Director who approved them to
attend the Public Safety Conference in William Rubin made a motion to approve. Ronald Stagliano seconded the motion. The
motion to approve carried unanimously 8-0. b. Approval
of Travel Request - Mr.
Bielli stated the second travel related issue is a request that was submitted
by Ms. Stukes a few weeks after the adoption of the new policy. Due to having to obtain some additional
information from FIS it was unable to be decided upon prior to Ms. Stukes asked if that was the only concern with the trip as it was never questioned before. She said she would like to be informed and not hear things from an outside person. She feels as if she?s being treated differently than anyone else. Mr. Bielli replied that from his perspective, the reason for the adoption of the new policy is to insure the Board is complying with all relevant procedures. In fairness to all the board members it is part of everyone?s responsibility going forward to report any information so the Board can make a informed decision consistent with the new policy. Mr. Rice asked Mr. Bielli how long it took for FIS to get back to him and if the cost for the flight would increase due to the delay. Mr. Bielli said it was after the last Board
meeting that he first heard about this conference. Otherwise, it would have been on the table
for the Board to consider. It was approximately
from Ms. Stukes stated she was told that Rob Dubow wanted to bring it to the Board. She did not know of an inside investigation with FIS. She also mentioned there may be problem with the costs of the flights increasing, due in part to the travel agent the City uses. William Rubin made a motion to approve. Ronald Stagliano seconded the motion. The motion to approve carried unanimously
8-0. c. City Council request to discuss DROP related question with Board Actuary - Mr. Bielli stated that the actuary that City Council is using requested to speak to the Board?s actuary to clarify a few questions. Out of respect for the Board the actuary wanted to run it by them to see if there was any objection. This information has been relayed to City Council and their actuary. The Actuarial Report and the Experience Study were previously sent. There were some questions regarding the assumptions used. Mr.
Rubin questioned if Mr.
Bielli replied that he didn?t know as he came here right before the d. Training ? Mr. Bielli stated that Leontyne Freeman will conduct an internal training in September on Health and Welfare. In October, the Department of Technology (DOT) will be working with all staff to train them in the use of Oracle. This is important because the Oracle system provides access to various payroll documents and service records documents that will make the process more efficient and easier for staff. DOT is now on location on a daily basis and has been very helpful in running bi-weekly and monthly reports. This provides various checks and balances to insure that payments that shouldn?t go out don?t and past payments that have gone out can be recovered. To this point, money is still being recovered with assistance from the Law Department. Ms. Stukes asked if the problem with retiree checks not being direct deposited to the credit union on time has been straightened out now, since DOT is on location. She also brought up the issue of direct deposit for retiree checks and how much it would cost. She said the Board talked about this previously when they were looking at ways of saving money. They discussed the number of people still receiving paper checks and possibly issuing a type of debit card. She stated the federal government is doing it and anyone receiving social security is getting direct deposit. She understands the City is looking into it but it may take a little longer. Also, Mr. Rubin may have some concerns with his members. Mr. Bielli stated that the problem with the direct deposit has been corrected.
e. Other Business - Mr. Bielli stated he met with ICMA last week who is the City?s
deferred compensation carrier. Their
annual conference of the National Association of Government Administrators took
place in Mr. Stagliano asked for the status of an outstanding case, Pierre McCall who calls him on a regular basis. Ms. Weiss explained that his medical information was incomplete, through no fault of his own, and it is currently being worked on. FYI Litigation
Summary ? Mr. Joshua Stein stated that the Gleason case was dismissed in
Common Pleas Court on ADJOURNMENT William Rubin made a motion to adjourn. Brian Albert seconded the motion. The meeting adjourned at 9:45. |
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