08-29-07 vCITY OF ATLANTIC BEACH
BOARD OF TRUSTEES OF THE ATLANTIC BEACH GENERAL PENSION
FUND
SPECIAL BOARD MEETING AGENDA
FOR
August 29, 2007
6:OOP.M.
~. The City of Atlantic Beach General Employee Pension Board meeting was called to order at 6:50
Malcolm
P.M. Those members in attendance were trustees: Tim Townsend, Harry McNally,
Clemons and Tony Downing. Also in attendance were Nelson Van Liere, Plan Administrator.
George Foster, Human Resource Director, Donna Bussey, City Clerk and Georgia Horn, the
applicant for General Employee non duty disability retirement.
2. Ken Harrison, Sr. -Board Attorney from the law firm, Sugarman and Susskind was introduced
to all of the Board members.
3. Mr. Harrison reviewed his understanding of the application and the supporting documents. He
explained that the additional information provided to him did not change his previous position,
that the applicant is not eligible for anon-duty disability retirement benefit. The applicant
argued that she was not told to apply for disability or she would have. The applicant discussed
the letter from her supervisor expressing that her performance was impaired by her condition.
Harrison maintained that she is not eligible.
Harrison and Tim Townsend discussed the issue of subrogation and the right of the City to
participate in the law suit. The City was never invited into that litigation. The applicant claims
the City was aware of her lawsuit and her deteriorating condition.
Harrison again expressed that he to ees have an obligation to know about the benefits offered by
given. He expressed that the emp y
the city.
Harrison explained that the applicant left employment without asking for disability or asking for
any accommodations to help her perform her job with the city. He also indicated that having left
the city to work for another employer is evidence that she was not disabled at the time she
terminated her employment.
Harrison reminded the board that they have a fiduciary responsibility to all of the members of the
plan and they are responsible for their actions to all members.
Malcolm Clemons discussed with Harrison and Tim Townsend the certification of board
members and the education requirements. Harrison informed them that he believes the
state will require training soon and that the certification does provide credibility to the
board member.
Tony Downing discussed s der she left em 1 oymen~t and thatd she ldid not filetwith the
determination of disabled wa p
city until much later
Minutes taken and prepared by Nelson Van Liere, Pension Board PIan Administrator, 247-5807
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~v
Harrison explained that their is an ABC settlement that was made and that action is
complete. Subrogation would be against the settlement, not ABC.
The applicant expressed again that she is deserving of the benefit and would have applied
for it had she known to. The attorney again expressed that the employee has the burden
of educating themselves on the benefits available to them.
The applicant stated that she would ask Alan Jensen why he did not make her aware of
her option to apply for non-duty disability.
Tony Downing made a motion to follow the guidance of our attorney indicating that the
applicant does not meet the criteria for anon-duty disability retirement in that she was
not disabled at the time of termination, and to deny the application, The motion was
seconded by Harry McNally. The vote was unanimous to deny the application.
The applicant was then informed by the board that when she reaches retirement age that
she will have to make an application for her benefit at that time.
Tony Downing then asked about the letter to go out to Georgia Horn informing her of the
decision and of her right to appeal. Harrison indicated that we are required to have a claims
procedure. Harrison indicated that the denial letter would inform her of the appeals procedure.
The board agreed to have the Attorney make changes to the code to bring it up to date.
There was a discussion led by Tim Townsend about the history of how we employ the attorney.
Either by retainer or by the hour. Hourly is the current practice.
Tony Downing made a motion to have the attorney handle the denial letter. The motion was
seconded by Malcolm Clemons. The vote was unanimous to have the attorney handle the
additional correspondence.
Harrison indicated that if there was an appeal, he would be more formal and his arguments
would be more aggressive.
George Foster and Harrison informed the board about the fiduciary insurance policy that the
board members have and how the insurance company's attorney would work with Harrison if a
lawsuit was filed.
Motion to adjourn at 8:19pm by Tim Townsend, seconded by Tony Downing and the vote was
unanimous.
f
t ~
Tim Tow en
Board ~ zairperson
Tony Downing
Board Secretary
Minutes taken and prepared by Nelson Van Liere, Pension Boazd Plan Administrator, 247-5807 .
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