HomeMy WebLinkAbout2006 11 16 Handout Given For Agenda Item 300
Date: November 16, 2006
The attached document was distributed to the
City Commission by Staff at the November 16,
2006 City Commission Workshop, during the
discussion of Regular Agenda Item "300."
A STUDY
TO DETERMINE THE FEASIBILITY AND DESIRABILITY
OF
APPROVING CHANGES TO THE CITY'S CURRENT
UNIFIED CITYWIDE DEFINED BENEFIT PENSION PLAN
PHASE B
PRELIMINARY FEASIBILITY AND DESIRABILITY STUDY
November 16, 2006
INTRODUCTION
This Report is being provided pursuant to City Commission Resolution 2006-52 fulfilling the
Phase B Preliminary Feasibility and Desirability Analysis Section of the Pension Plan Study.
HISTORICAL FRAMEWORK
In the Phase A meeting, the City provided an historical review of the evolution of the City's
pension plan program.
That report clearly laid out that the City went through a lengthy analysis of pension plan options
several years ago in order to determine the direction the City wanted to move in with its pension
plan.
It was further revealed that elected officials at that time decided that Chapter 175/185 plans and
State Retirement Plans did not fit the conservative business philosophy of the City which
embodied the following seven core values.
1. Unique to Winter Springs' Based Upon Need.
2. Equal Benefits for all Employees.
3. Simple and Understandable.
4. Control Vested in Local Elected Officials.
5. Affordable and Fiscally Sound.
6. Maximum Advisory Input from Taxpayers Advising the Elected Officials on Benefit
Levels the Community would Support.
7. Maximum Advisory Input from Employees to Stay Informed and to Provide Input.
In that report it was noted that elected officials were highly biased in favor of defined
contribution plans, and highly biased against defined benefit plans due to the following:
1. Escalating Benefits and Benefit Cost of Defined Benefit Plans.
2. Disability Scams.
3. Loss of Control.
4. Distance from Employees.
These core values resulted in a unique floor offset plan that encompassed all of these values and
making Winter Springs a leader in pension innovation in Florida.
Even though the Commission subsequently agreed to approve a defined benefit plan voted on by
City employees, the Commission made it clear that they did not desire to follow the herd, and that
the structure of the defined benefit plan would comply with their core values.
The defmed benefit plan was indeed structured to embody those core values which have endured
until today as follows:
1. It was unique to our needs.
2. Treats all employees equally.
3. Simple in structure.
4. Commission retains full control.
5. It is very efficient and very sound fiscally.
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6. Taxpayer Advisory Board ensures maximum taxpayer input.
7. Employees are encouraged to attend Advisory Board meetings and provide input.
CURRENT FRAMEWORK - WANT VS. NEED
Even though it appears that some elected officials and pension advisory board members may have
an interest in changes, their interest in those core values is still strong.
In fact, there is a strong feeling among some that the State Chapter Plans are broken due to their
inherent lack of checks and balances, checks and balances which embraces full accountability in
independent boards rather than elected officials who will ultimately be held accountable for the
performance of these pension plans over which they have little control, and that exposes local
taxpayers to legislative meddling in local affairs and unfunded legislative mandates.
A review of the attached recent New York Times Investigative Report provides a mirror image of
concerns that are being expressed in Winter Springs, and statewide regarding Chapter 175/185,
State Retirement, and Municipal Retirement plans.
Nothing could be more reflective of these concerns than the rationale advanced by advocates of
Chapter 175/185 plans which hold:
There is all this insurance premium money out there that is being left on the table. We are
paying those taxes, why shouldn't we spend them?
Indeed this paradigm is the foundation of the problem with public pension plans. A prominent
author sums it up this way:
"Times of plenty catapult us so far into our wants that we cease to recognize our needs. "
This focus upon what may appear to be un utilized revenues simply asked the wrong
question. The appropriate question is not how much can we spend? The appropriate
question is how much is enough?
Specifically, what level of pension benefits should the taxpayers of Winter Springs be asked to
spend in order to provide its employees with a reasonable retirement plan for their loyal service to
them?
There are two answers to this question as follows:
1. The first and easiest answer is: that level of pension benefits which is needed as part of a
compensation plan to attract and retain competent employees. In staffs opinion the City's
current plan already satisfies that test.
2. The second answer is more difficult and requires a definition of a sound but not excessive
plan that meets the needs of employees in their retirement years.
There are many renderings on this issue. One of the traditional models, demonstrated below, is
instructive.
Phase B: Preliminary Feasibility and Desirability Study
Page 2
Maintenance of Income at Retirement
Employer Based Retirement Benefits
Social Security Benefits
Personal Savings
50%
25%
25%
100%
Assuming that employees served 30 years in the City and would save sufficient funds to provide
an income stream equal to 25% of their retirement income the City's current plan would far
exceed the above model as follows:
Maintenance of Income at Retirement
Employer Based Retirement Income
Social Security
Personal Savings
90%
25%
25%
140%
In a perfect world this would be a great plan. However, in reality this would rarely happen. First,
employees do not, on average, save enough to provide an income stream equal to 25% of their
retirement income. Second, employees are forced to leave their jobs due to reasons beyond there
control, voluntarily choose to leave their jobs due to their desire to change occupations, are
disabled by illness or injury and on and on.
However, it is a difficult case to make that the City's current pension plan is not sufficient to meet
employee needs.
CURRENTFRAMEWORK-THEE~ONMENTALSCAN
As demonstrated in the Economic Analysis section of this report, revenues generated by
insurance premium taxes are not sufficient to offset the cost of adoption of Chapter 175/185 plans
in Winter Springs.
Awareness of the lay of the land is important in making public policy decisions. As demonstrated
by the recent voter rejection of the County referendum on land conservation it would be difficult
to find a less opportune time for a public discussion of any form of increased spending on what
would appear to be unnecessary public expenditures, and in particular, enhancing retirement
benefits for any governmental employees.
Florida is on the verge of a tax revolt resulting from a combination of factors including high
energy prices, unprecedented increases in property insurance, escalating commercial property
taxes caused by the "save our homes" initiative, loss of middle and lower level income jobs
caused by foreign competition, and the evaporation of private sector pension benefits caused from
the rapid conversion of defined benefit plans to deferred contribution plans and corporate failure.
These public concerns are further exasperated by concerns about the war and massive federal
debt. A new Governor has been elected on a platform of doubling the homestead exemption, a
measure which if enacted by the legislature, will cause local governments to either increase taxes
to replace these lost revenues, or make deep cuts in services.
Phase B: Preliminary Feasibility and Desirability Study
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FINAL PERSPECTIVES
The legal, economic, desirability and environmental scan factors discussed in this report highly
suggest that this may not be the right time for any changes in the City's pension plan.
A more productive discussion may include the following strategies:
1. Maintaining the current plan.
2. An exploration of ways in which the current plan could be rebalanced and be
incrementally improved to include increases in disability protection coordinated with the
benefits of the normal retirement age and increased personal savings. This approach
mirrors the original floor offset plan and the Chapter 175/185 Share Plan.
The benefits of this approach are as follows:
1. It maintains the core conservative business values and checks and balances embodied in
the current plan.
2. Encourages savings which would be the full property of the employee.
3. Provides greater income protection from bona fide disabilities.
4. Encourages keeping employees in their jobs rather than retire before the time that they
can no longer carry out the duties of their respective occupation.
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Retirees Get Albany Attention,
And New York City Gets the Bill
By Michael Cooper, New York Times
August 22, 2006
It began with a simple plea for equity, for the same deal that other unions had. It ended with
thousands more former New York City employees getting expensive Christmas presents: bonus
checks in each year of retirement that would eventually reach $12,000, all paid for by taxpayers.
The road to a new pension benefit that will eventually cost New York City an estimated $100
million a year began in 1995, when the city's correction officers decided that on top of their
regular pensions, they deserved the "Christmas bonuses." Retired police officers and firefighters
already received such checks, and the correction officers reasoned that they should, too.
When the union asked for the money during contract negotiations, the city said no, saying it could
not afford such largess. But the matter did not end there.
The union turned to Albany. It endorsed Gov. George E. Pataki's 1998 re-election bid and gave
state lawmakers and political parties $79,000 in campaign donations in 1999. Then, after more
lobbying and contributions, it persuaded the City Council to ask the state to pass the bill.
That year a bill establishing the annual bonuses sailed through the Legislature. The Giuliani
administration, disturbed about the city's being stuck with the cost, howled in protest, and both
the city and state comptrollers and the governor's own budget division recommended a veto. But
the governor signed the bill.
Over the last six years, those checks have cost the city $60 million - during a period when big
budget gaps forced the city to layoff workers, close firehouses and raise taxes to balance its
budget.
The bill was hardly an aberration. At a time when many businesses are reducing or eliminating
pension plans, Governor Pataki and the Legislature have approved billions of dollars in new
pension benefits for government workers after lobbying from politically connected unions, an
analysis by The New York Times of pension bills and campaign contributions shows.
In recent years, the state decided to let city auto mechanics retire at age 50 with full pensions. It
allowed the city's 911 operators and urban park rangers to retire after 25 years of service, even if
they are still in their 40's. It passed laws decreeing that heart disease be considered a job-related
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ailment for correction officers, emergency medical technicians and sanitation workers, qualifying
more workers for lucrative disability pensions equal to three-quarters of their salary, all exempt
from state and local taxes.
The state also gave death benefits to people who had quit their city jobs before retirement age,
enabling survivors of people who left the city work force to collect payments, often in the tens of
thousands of dollars, when their spouses die.
Some city workers are entitled by state law to pensions that are too big even to be allowed under
federal Internal Revenue Service regulations. So in 2004, citing "the numerous new plans and
benefit improvements" that allowed city workers to retire earlier with bigger pensions, the state
passed a law allowing the city to set up a special fund to pay those workers the difference
between what the federal government allows for their pensions and what the state says they are
owed.
The enhancements come even as some calculations by the city suggest that its pension funds,
which officially appear to be nearly fully funded, may in fact have a combined shortfall of as
much as $49 billion.
Many of these expensive pension promises were made over the strong objections of the city.
Albany's power to dictate pension costs that the city must pay infuriates mayors and puzzles
pension experts.
"In any structure when the people who are making those decisions are not financially accountable
for the impact of those decisions, by definition it will not be prudent," said John Por, the president
of Cortex Applied Research, a firm that advises both public and private pension plans.
Mayors have complained about the system for decades. "It's outrageous," said Edward I. Koch,
who was forced by the state to spend millions more on pensions when he was mayor. "The
municipal unions own the State Legislature."
Mayor Michael R. Bloomberg said on Monday that the city's official method for calculating the
value of its pensions, which shows that they are close to fully funded, and an alternate method
that shows a shortfall of $49 billion, both seem "very rational methods" to him. And he said that
while the city is careful to fund its pensions, the enhanced benefits awarded by the state all
involve trade-offs.
"If we enhance the pension system, then we can't afford to pay as much in salaries," the mayor
said. "If we enhance the pension system and salaries, we can't afford to have as many employees
or to provide as many services. And that's what everybody is unwilling to face."
The move towards more expensive pension benefits is not a partisan one. Governor Pataki, a
Republican who ran for office in 1994 on a conservative platform of cutting government
spending, approved many of the enhancements, and in the process won the support of labor
unions, which helped him get re-elected twice even though New York is an overwhelmingly
Democratic state. In the Legislature, the bills are championed not only by the Democratic-led
Assembly, but also by the Republicans who lead the State Senate, who increasingly rely on
campaign contributions of labor unions to help them retain their slim majority.
Aides to Governor Pataki said that he made the decision to improve certain pension plans on the
merits, and that he had not been influenced by campaign contributions, endorsements or political
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considerations. And they noted that he has vetoed nearly 200 pension bills since 1995.
"Since taking office, Governor Pataki has consistently protected taxpayers and vetoed nearly 95
percent of the more than 200 broad pension bills that the Legislature has sent to his desk," said
Michael Marr, a Pataki spokesman. "In those isolated instances when the governor did sign a
particular pension bill, he did so after carefully weighing both the bill's merits and its fiscal
impact. "
Turning to Albany
In the past, unions frequently sought improved pension benefits during contract negotiations with
the city. Ifthey reached an agreement, both sides sought state legislation setting the agreed-on
benefits.
It still works that way, sometimes. But increasingly, in cases where unions fail to get what they
want during negotiations with the city, they are doing what is known in Albany as an end run
around the city, lobbying state officials to win richer pensions.
Some unions are so big that they represent voting blocs unto themselves. Smaller unions have
established their power in other ways: by endorsing candidates, by providing ground troops
during campaign season and, especially, by donating large sums to state officials and their
political parties.
Take the recent proliferation of "heart bills." The city's police and firefighters have long had the
bills, which declare that heart disease should be presumed a job-related disability, enabling
workers with heart disease to get tax-free accidental disability pensions worth three-quarters of
their final salaries. (High-ranking chiefs have been known to retire with disability pensions for
heart disease and then go on to earn six-figure salaries elsewhere.)
In I 998, the politically connected correction officers won their own "heart bill." Again, it was
over the objections of Mayor Rudolph W. Giuliani. "There is no valid medical study that has
confirmed that a police, fire or a correction officer's heart disease is a direct result of performance
of duty," his office wrote.
There were more heart bills to come. In 2002, after the economy soured and the attack on the
World Trade Center left the city facing large deficits, the union representing the city's emergency
medical technicians sought one. The union contributed more than $70,000 to state officials. It
endorsed Governor Pataki, who was running for re-election, and gave him $32,000. The bill
passed, and the governor approved it over the protests of the city, which warned that more unions
would demand the benefit.
Sure enough, heart disease was declared ajob-related condition for the city's sanitation workers
two years later. Again, the city objected, complaining that the change would cost it $1 million a
year. But unions representing sanitation workers gave more than $50,000 to state officials that
year, including one check for $500 that was sent to the Senate Republican Campaign Committee
on the day the Republican-controlled Senate sent the bill to the governor for his signature.
Heart disease is not the only ailment that is increasingly presumed to be job-related for pension
purposes. In 1997 the state passed a law declaring that hepatitis, H.LV. and tuberculosis should
all be considered a line-of-duty disability for correction officers. The city warned that the police
and firefighters would also want the benefit.
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They were right again. The state made the ailments job-related disabilities for police officers and
firefighters in 1999. The city complained that shifting the burden of proof from government
workers, who previously had to prove that their ailments were contracted in the course of official
duty, to the city, which would now have to prove that they were not, would make disproving such
claims nearly impossible.
"The employee has only to prove that he or she may have been exposed to the bodily fluid of a
person under the care of the employee," the city wrote in its objection. "It will be virtually
impossible for the city of New York to disprove the presumption and assert that the condition was
not contracted in the line of duty. This is particularly true in the case of H.LY., where it would be
illegal for the city to test tor the presence of the disease prior to hiring a police officer or
firefighter. "
Patrick Lynch, the president of the Patrolmen's Benevolent Association, wrote to the governor
urging him to sign the bill. "Since police officers are required to pass a physical examination
upon entry into service, and to follow lifestyles that would preclude their contracting H.LY.,
tuberculosis or hepatitis, it is reasonable to presume that by far the most likely cause of
contracting one of these diseases would be coming into contact with an infected individual in the
course of performance of duties," he wrote.
An Expensive Year
By far the biggest increases in pension benefits came at the end of the stock market boom in the
late 1990's. The city's pension funds are heavily invested in the stock market, and the boom sent
the funds soaring, which emboldened unions to seek better pension benefits and state and city
officials to grant them.
The most expensive year was 2000, when Albany, even as the dot-com bubble was already
bursting, approved billions in benefit enhancements, citing the soundness of the city's pension
investments.
It provided automatic annual cost-of-living adjustments for retirees, which are extremely rare in
private business. It eliminated or reduced the contributions many employees had made to their
pension funds, at a cost of $269 million a year for the city.
That measure was supported by Mayor Giuliani, who seized on the recent stock market gains to
drastically reduce the city's investment in its pension funds.
The cost-of-living adjustments had long been championed by H. Carl McCall, the Democratic
state comptroller, who was preparing to run for governor. Governor Pataki, the Republican
incumbent, was preparing to run for a third term in 2002. He agreed to the idea, one of many
union-pleasing actions that helped him win much of the labor support that Democrats typically
counted on.
The bill called for raising pensions as much as $540 a year, depending on the rate of inflation. But
altogether, the long-term cost to the city was pegged at $8.4 billion. The Giuliani administration
won an agreement to phase in its increased contribution to the pension plans over five years.
Governor Pataki's budget division insisted that the annual cost-of-living adjustment, known as
the COLA, was affordable. "The COLA is affordable due to the excellent financial condition of
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the retirement systems and reasonable limitations included in the benefit design," the budget
division wrote in support of the bill.
Then the stock market plummeted, the World Trade Center was attacked and the city's pension
fund investments lost billions. The Bloomberg administration won permission to take another five
years to phase in the payment for the increases.
The governor's budget division, which had called the program "affordable" in 2000, noted just
two years later that "the city's fiscal situation has changed" and cited "downward trends in the
stock market and increases in pension benefits." (This year the city agreed to end the phase-in,
and begin paying what it owes for the increases.)
The Bonuses Grow
It was the city's desire to invest more heavily in stocks in the late 1960's that first led to the
annual bonus checks it sends to retired police officers and firefighters and, now, correction
officers.
Although pension benefits are guaranteed by the State Constitution - which means that
taxpayers must pay them even if their funds are wiped out in the markets - the police and fire
unions argued that their members should be rewarded for allowing the city to invest their pension
funds in riskier, but potentially more lucrative, stocks.
The unions got the city to agree to use its stock earnings above a certain amount to pay extra
benefits to retirees. Initially, the payouts depended on how well the investments did. But the
bonuses became fixed annual payments in the 1980's, increasing by $500 each year, after the
unions agreed to let the city use some of the money to close its budget gap.
The bonus payments - soon to reach $12,000 a year - had an unintended consequence after
Sept. II, 200 I. Many police officers worked a great deal of overtime that year, pushing up the
base from which their pensions would be calculated. On top of that, each year they worked was a
year they would not get the bonus payments, which were then $9,000 a year. Many police officers
felt they could not afford not to retire.
I
So, to try to retain veteran officers at a crucial period, the state took action: it allowed officers
eligible for retirement to bank their bonus payments while continuing to work, and to collect them
after they retired. The solution cost an estimated $40 million a year.
The correction officers, though, do not now have the same guarantees that they be paid each year.
(Their guarantees do not start until 2019.) So retirees get paid only if the stocks perform well
enough to keep their fund - known in Albany as the skim fund - flush. There was enough to
pay the first six years of benefits, but with around $34 million left in their fund, there is not quite
enough to pay retirees the $11,500 they were expecting this December.
There are, however, bills pending in Albany that could help them. One would simply guarantee
the next payment, while the other would allow the next payment to be less than the scheduled
$11,500.
So far, the City Council has not asked Albany to take action, and neither bill has passed the
Legislature. But it could always resurface when lawmakers return to Albany this fall. All 212
seats in the Legislature are up for election in November.
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EXECUTIVE SUMMARY
LEGAL FEASmILITY
The City's Code of Ordinances would require amendments to adopt Chapter 175/185 or other
types of changes to the City's pension plan.
A discrepancy between the Florida Division of Retirement's Interpretation and the Statutory
Definition requires the City to assess its financial exposure to Chapter 175/185 pension plans
under both scenarios.
Since future litigation could expose the city to the higher cost associated with the Statutory
Definition scenario, it would be prudent for the city to assess economic feasibility on the basis of
cost associated with the Statutory Definition.
ECONOMIC FEASIBILITY
Utilizing studies performed by the City's Actuaries, Retirement Plan Specialists, economIC
feasibility is provided in two scenarios as follows:
a. Adopting Chapter 175/185 Chapter plans and maintaining parity of benefits for all
employees.
b. Adopting Chapter 175/185 Chapter Plans and enhancing benefits for police and fire
only.
Each scenario provides the projected costs under the Florida Division of Retirement Interpretation
of the law and the Statutory Definition of the law.
Scenario I.
Adopting Chapter 175/185 pension plans and maintaining parity of benefits for
all City employees.
As shown below, significant increases in payroll contributions over and beyond estimated
revenues from insurance premium taxes are required to fund this scenario under both the Florida
Division of Retirement Interpretation and the Statutory Definition of the law.
Division of
Retirement
Statutory
Definition
Shortfall in Dollars
Shortfall in Payroll Contributions
Shortfall in Equivalent Ad Valorem Taxes
623,719
5.9%
0.31 mills
943,928
8.9%
0.4 7 mills
Scenario ll. Adopting Chapter 175/185 pension plans adding enhanced benefits to police and
fire only.
As shown on the following page, significant increases in payroll contributions over and beyond
estimated revenues from insurance premium taxes are required to fund this scenario under both
the Florida Division of Retirement Interpretation and the Statutory Definition of the law.
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----~
Division of
Retirement
Statutory
Definition
Shortfall in Dollars
Shortfall in Payroll Contributions
Shortfall in Equivalent Ad Valorem Taxes
353,586
3.3%
O. I 8 mills
673,795
6.3%
0.34 mills
Utilizing a pure definition of feasibility one would conclude that it is not economically feasible to
adopt Chapter 175/1 85 plans. However, policy makers would need to go to the next step and
determine if it is desirable to incur these additional costs in order to change the current plan.
DESIRABILITY
It is common place for elected officials to be faced with policy alternatives that are legally and
economically feasible and at the same time highly undesirable.
In this study policymakers are being asked to review each of the desirability factors involved in
changing the city's pension plan to include Chapter 175/185 required components in the context
of two questions as follows:
1. Understanding that the Commission will ultimately be held accountable to the taxpayers
for the performance of the pension plans; does the Commission support the change?
2. Second, if fully informed, would the taxpayers approve this change in a referendum?
When the complicated layers of economic and accountability factors are pealed away and
examined independently in the full light of day on their merits, it is indeed difficult to imagine
how the City Commission, or the electorate would desire to give up its control of its simple,
efficient, and effective pension plan in favor of the more complicated, less efficient structure of
Chapter 175/185 plans, their history of ever increasing costs, their unfortunate record of abuses,
and their exposure to never ending legislative mandates. This is especially difficult realizing that
in the end the Commission will be held accountable to the taxpayers for the performance of a
pension plan system that is largely outside its control.
It is staff s opinion that it is not in the best interest of the taxpayers for the Commission to
approve these radical changes to the City's pension plan. It is staffs further opinion that the
voters of Winter Springs, when fully informed would also have a difficult time supporting these
radical changes in the City's pension plan.
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LEGAL FEASIBILITY
I. FINDINGS:
A. City Charter
The City Charter is silent on the subject of pension plans.
B. City Code
The City Code provides for a unified pension plan for all employees, and one Pension
Board of Trustees to administer the plan. The City Code would need to be amended
to provide for adoption of Chapter 175/185 retirement plans.
C. State Law
l. Chapter 175/185 plans are established by ordinance in accordance with Chapters
175 and 185, Florida Statutes. Chapter 175 pertains to firefighter pension plans,
and Chapter 185 pertains to police pension plans.
2. Chapters 175 and 185 provide a revenue sharing process whereby a participating
city can receive a rebate of the state tax on property and casualty insurance
premiums collected on policies covering property within the city. In order to
receive the premium tax rebate, a city must comply with the minimum benefits
and standards in Chapters 175 and 185. A city that creates a new Chapter
175/185 pension plan must pay the full cost of providing the statutory
minimum benefits, and cannot use premium tax revenues for this purpose.
3. The existing city pension plan does not meet all of the minimum benefits
required by Chapters 175 and 185. Specifically, the following Chapter 175/185
minimum benefits are not currently provided, and would have to be adopted if a
Chapter 175/185 plan is established:
a. Normal form of retirement - life annuity and 10 years certain (city plan: life
annuity).
b. Normal retirement date - age 55 with 10 years service or age 52 with 25
years of service (city plan: age 55 with 10 years service).
c. Early retirement date - age 50 with 10 years service (city plan: prior to age
55 with 25 years service)
d. Early retirement benefit - normal benefit reduced by 3% for each year prior
to normal retirement (city plan: benefit reduced to actuarial equivalent of
pension commencing at age 55).
e. Disability benefits - duty-related and non-duty disability pension benefits are
mandated by Chapters 175/185. The city plan does not provide for disability
pension benefits. The city does provide disability insurance coverage for all
employees.
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4. The City Commission may lawfully act as the pension board of trustees for the
existing city pension plan, and assume fiduciary responsibility for the plan.
However, the City Commission cannot act as the pension board for a
Chapter 175/185 plan.
5. Chapters 175 and 185 require that a separate pension board be created to
administer the Chapter 175/185 pension plan. By law, 2 of the board members
must be a police officer and firefighter elected by plan members, 2 board
members are city residents appointed by the City Commission, and a fifth
member is selected by the other 4 board members. The Chapter 175/185 pension
board is an independent legal entity that can hire attorneys, actuaries and other
consultants, and bring and defend lawsuits in the board's name. The pension
board also makes the final decision on disability pensions. The City has no
direct control over the pension board's actions or the administrative costs
incurred by the board.
6. The City is required by law to fund the Chapter 175/185 pension plan on a sound
actuarial basis, as determined by the plan actuary selected by the pension board.
The City is also ultimately responsible for the liabilities of the Chapter
175/185 pension plan.
7. Once a city establishes a Chapter 175/185 pension plan that meets the minimum
benefit requirements of Chapters 175 and 185, it is eligible to receive premium
tax revenues which must be used for "extra benefits" for firefighters and police
officers.
8. As pointed out by the City's pension attorney, Chapters 175 and 185 define
"extra benefits" as: "benefits in addition to or greater than those provided to
general employees of the municipality and in addition to those in existence for
firefighters and police officers on March 12, 1999." See sections l75.351(l)(b)
and 185.35(l)(b), Florida Statutes. .
9. However, the Florida Division of Retirement has interpreted the statute to define
"extra benefits" as benefits that are greater than the statutory minimum benefits,
without regard to the benefits provided to general employees.
10. The difference between the statutory definition of "extra benefits" and the
Division of Retirement's interpretation is important for cities like Winter Springs
which have uniform pension benefits for all employees. Under the statutory
definition, the city could not use premium tax monies to pay for ANY
existing benefits. All premium tax monies would have to be used to provide
benefits for police officers and firefighters that are greater than the benefits
provided to general employees.
11. However, under the Division of Retirement's interpretation, premium tax monies
could be used to pay for police and fire pension benefits that are greater than
the statutory minimums. This would mean, for example, that premium tax
money could be used to pay for the difference between a 2% benefit (the 175/185
minimum) and the 2.5% benefit currently provided by the city pension plan (the
city benefit will increase to 2.75% on 10/1/07 and 3% on 10/1/08).
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12. Therefore, in evaluating the feasibility of establishing Chapter 175/185 pension
plans, the city must assess its projected costs based on two important
considerations:
a. the city will be required to pay the full cost of meeting the Chapter 175/185
minimum benefits, and cannot use premium tax monies for this purpose; and
b. the conflict between the statutory definition of "extra benefits" and the
interpretation of the Division of Retirement. Because of this conflict, staff
is presenting the Commission with the cost impacts of both methods.
II.
CONCLUSIONS:
A. City Charter. There does not appear to be any reason for amending the City Charter
to address pension plans since pension plans do not involve basic governance issues
which are the issues of Charters.
B. City Code. The City Code must be amended to provide for adoption of Chapter
175/185 pension plans.
C. State Law. Chapter 175/185 pension plans must meet the minimum benefits and
standards of Chapters 175 and 185, Florida Statutes. The City must pay the full cost
of meeting the minimum benefit requirements of Chapters 175/185 before it is
eligible to receive any premium tax revenues. The city must establish a separate
pension plan administered by a separate pension board for firefighters and police
officers. Once the statutory minimum benefits are in place, the city may use
premium tax revenues to provide "extra benefits" for firefighters and police officers.
However, there is a conflict between the statutory definition of "extra benefits" and
the interpretation of the Division of Retirement, which has a significant impact on the
city's projected costs. In view of this conflict, the City Commission must evaluate
the economic risk of establishing Chapter 175/185 pension plans based on both
the more costly statutory definition, as well as the less costly interpretation of
the Division of Retirement.
Phase B: Preliminary Feasibility and Desirability Study
Page 14
ECONOMIC FEASIBILITY
IMPLEMENTING CHAPTER 175/185 PENSION PLANS
MAINTAINING PARITY AMONG ALL CITY EMPLOYEES
I. FINDINGS:
A. The City's current pension plan meets some but not all of the requirements of
Chapter 175/185 pension plans. The Chapter 175/185 minimum benefits that the
city's current pension plan does not provide are:
1. Normal form of retirement - life annuity and 10 years certain (city plan: life
annuity).
2. Normal retirement date - age 55 with 10 years service or age 52 with 25 years of
service (city plan: age 55 with 10 years service).
3. Early retirement date - age 50 with 10 years service (city plan: prior to age 55
with 25 years service)
4. Early retirement benefit - normal benefit reduced by 3% for each year prior to
normal retirement (city plan: benefit reduced to actuarial equivalent of pension
commencing at age 55).
5. Disability benefits - duty-related and non-duty disability pension benefits are
mandated by Chapters 175/185. The city plan does not provide for disability
pension benefits. The city does provide disability insurance coverage for all
employees.
B. The City must pay the full cost of meeting the minimum benefit requirements of
Chapters 175/185 in order to become eligible to receive premium tax revenues. Once
the statutory minimum benefits are in place, the city may use premium tax revenues
to provide "extra benefits" for firefighters and police officers.
C. The amount of insurance premium taxes that may be used to defray the cost of "extra
benefits" are a frozen dollar amount based on the first year cost of the benefits. The
frozen amount of premium tax revenues does not grow as the city's payroll grows.
Thus, each year the city must pay an increasing share of the cost of the extra benefits
that is not covered by the premium taxes.
D. The amount of available insurance premium taxes is not known until after the
adoption of the plan. As a result, determinations of feasibility must be based on
projected revenues, which are difficult to project due to the nature of the tax.
E. Chapters 175 and 185 require that a separate pension board be created to administer
the 175/185 pension plan. The City has no direct control over the pension board's
actions or the administrative costs incurred by the board. However, the city is
required to pay the administrative costs of the 175/185 pension board.
Phase B: Preliminary Feasibility and Desirability Study
Page 15
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F. The City is required by law to fund the 175/185 pension plan on a sound actuarial
basis, as determined by the plan actuary selected by the pension board. The City is
also ultimately responsible for the liabilities of the 175/185 pension plan.
G. Using Premium Taxes for "Extra Benefits"
I. Division of Retirement Interpretation
a. Under the Division of Retirement's interpretation, premium tax monies could
be used to pay for police and fire pension benefits that are greater than the
statutory minimums, without regard to the benefits provided to general
employees. Under this interpretation, the total additional cost to provide the
Chapter 175/185 minimum benefits for all city employees is estimated to be
$943,928 per year over the current cost of the city's present unified pension
plan for all employees.
b. If the city provides the minimum benefits required by Chapters 175 and 185,
it will be eligible able for state premium tax monies. The premium tax
monies must be used to provide "extra benefits" for firefighters and police
officers. Based on a "rule of thumb" calculation of estimated premium tax
monies, 6% of payroll, verified for reasonableness to an average of premium
taxes received by cities in Seminole County, a very rough estimate of the
insurance premium taxes that the City of Winter Springs can expect to
receive is $320,209 per year. However, it may take several years after the
175/185 plan is adopted before the city receives this amount of premium
taxes. During this start-up period, the City will be required to make up any
deficits in the 175/185 plan.
c. Even assuming the city receives the full estimated amount of premium taxes
in the first year of the 175/185 - which is not likely - the city would still be
required to make up the estimated $623,719 annual shortfall with city
funds. This would require a 5.9% increase in the city's payroll contribution
equal to 0.31 mills of ad valorem property taxes.
2. Statutory Definition
a. Applying the Chapter 175/185 definition of "extra benefits," premium tax
revenues could only be used to provide benefits that are greater than the
benefits provided to general employees. Under this approach, the cost for the
City to fund the enhancements to the City's Current plan necessary to
comply with Chapter 175/185 minimum benefits for all employees, thus
maintaining the City's current policy of providing equal benefits to all
employees, is an estimated $943,928 per year over the current cost of the
City's unified pension plan for all employees.
b. The estimated insurance premium taxes available to defray the cost of these
enhancements under this method is $0 - since none of the benefit
enhancements would be greater than the benefits provided to general
employees.
Phase B: Preliminary Feasibility and Desirability Study
Page 16
c. The $943,928 annual shortfall in revenue would require an 8.9% increase in
payroll contributions equal to 0.47 mills of ad valorem property taxes.
II. CONCLUSIONS:
A. As shown in Table I-A enclosed, in order for Chapter 175/185 plans to be
implemented the City must be prepared to increase annual payroll contributions as
follows:
1. Div. of Retirement Interpretation:
2. Statutory Definition:
$623,719 (5.9%, equal to 0.31 mills)
$943,928 (8.9%, equal to 0.47 mills)
B. The City must be prepared to pay 100% of the annual cost increase without the
assistance of insurance premium taxes, because it may take several years before the
city receives its full premium tax allocation.
C. The City would be required to pay 100% of the increased cost for general employees
to match the increased cost of any new benefits that may be added to the minimum
standards of police and fire benefits paid by insurance premium taxes.
D. The City would be required to pay 100% of the cost of new legislative mandates for
all employees if these mandates did not provide for additional insurance premium
taxes.
Phase B: Preliminary Feasibility and Desirability Study
Page 17
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ECONOMIC FEASIBILITY
IMPLEMENTING CHAPTER 175/185 PENSION PLANS
ENHANCED BENEFITS FOR POLICE AND FIRE ONLY
I. FINDINGS:
A. The City's current pension plan meets some but not all of the requirements of
Chapter 175/185 pension plans. The Chapter 175/185 minimum benefits that the
city's current pension plan does not provide are:
1. Normal form of retirement - life annuity and 10 years certain (city plan: life
annuity).
2. Normal retirement date - age 55 with 10 years service or age 52 with 25 years of
service (city plan: age 55 with 10 years service).
3. Early retirement date - age 50 with 10 years service (city plan: prior to age 55
with 25 years service)
4. Early retirement benefit - normal benefit reduced by 3% for each year prior to
normal retirement (city plan: benefit reduced to actuarial equivalent of pension
commencing at age 55).
5. Disability benefits - duty-related and non-duty disability pension benefits are
mandated by Chapters 175/185. The city plan does not provide for disability
pension benefits. The city does provide disability insurance coverage for all
employees.
B. The City must pay the full cost of meeting the minimum benefit requirements of
Chapters 175/185 in order to become eligible to receive premium tax revenues. Once
the statutory minimum benefits are in place, the city may use premium tax revenues
to provide "extra benefits" for firefighters and police officers.
C. The amount of insurance premium taxes that may be used to defray the cost of "extra
benefits" are a frozen dollar amount based on the first year cost of the benefits. The
frozen amount of premium tax revenues does not grow as the city's payroll grows.
Thus, each year the city must pay an increasing share of the cost of the extra benefits
that is not covered by the premium taxes.
D. The amount of available insurance premium taxes is not known until after the
adoption of the plan. As a result, determinations of feasibility must be based on
projected revenues, which are difficult to project due to the nature of the tax.
E. Chapters 175 and 185 require that a separate pension board be created to administer
the 175/185 pension plan. The City has no direct control over the pension board's
actions or the administrative costs incurred by the board. However, the city is
required to pay the administrative costs of the 175/185 pension board.
Phase B: Preliminary Feasibility and Desirability Study
Page 18
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F. The City is required by law to fund the 1751185 pension plan on a sound actuarial
basis, as determined by the plan actuary selected by the pension board. The City is
also ultimately responsible for the liabilities of the 1751185 pension plan.
G. Using Premium Taxes for "Extra Benefits"
1. Division of Retirement Interpretation
a. Under the Division of Retirement's interpretation, premium tax monies could
be used to pay for police and fire pension benefits that are greater than the
statutory minimums, without regard to the benefits provided to general
employees. Under this interpretation, the total additional cost to provide the
Chapter 1751185 minimum benefits FOR FIREFIGHTERS AND POLICE
OFFICERS ONLY (thus changing the city's current policy of providing the
same level of benefits to all employees) is estimated to be $673,795 per year
over the current cost of the city's present unified pension plan for all
employees.
b. If the city provides the minimum benefits required by Chapters 175 and 185,
it will be eligible able for state premium tax monies. The premium tax
monies must be used to provide "extra benefits" for firefighters and police
officers. Based on a "rule of thumb" calculation of estimated premium tax
monies, 6% of payroll, verified for reasonableness to an average of premium
taxes received by cities in Seminole County, a very rough estimate of the
insurance premium taxes that the City of Winter Springs can expect to
receive is $320,209 per year. However, it may take several years after the
1751185 plan is adopted before the city receives this amount of premium
taxes. During this start-up period, the City will be required to make up any
deficits in the 1751185 plan.
c. Even assuming the city receives the full estimated amount of premium taxes
in the first year of the 175/185 - which is not likely - the city would still be
required to make up the estimated $353,586 annual shortfall with city
funds. This would require a 3.3% increase in the city's payroll contribution,
equal to 0.18 mills of ad valorem property taxes.
2. Statutory Definition
a. Applying the Chapter 1751185 definition of "extra benefits," premium tax
revenues could only be used to provide benefits that are greater than the
benefits provided to general employees. Under this interpretation, the total
additional cost to provide the Chapter 175/185 minimum benefits FOR
FIREFIGHTERS AND POLICE OFFICERS ONLY (thus changing the
city's current policy of providing the same level of benefits to all employees)
is estimated to be $673,795 per year over the current cost of the city's
present unified pension plan for all employees.
b. The estimated insurance premium taxes available to defray the cost of these
enhancements under this method is $0 - since none of the benefit
enhancements would be greater than the benefits provided to general
employees.
Phase B: Preliminary Feasibility and Desirability Study
Page 19
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c. The $673,795 annual shortfall in revenue would require a 6.3% increase in
payroll contributions equal to .34 mills of ad valorem property taxes.
II. CONCLUSIONS:
A. As shown in Table I-B enclosed, in order for Chapter 175/185 plans to be
implemented the City must be prepared to increase payroll annual contributions as
follows:
1. Div. of Retirement Interpretation:
2. Statutory Definition:
$353,586 (3.3%, equal to 0.18 mills)
$673,795 (6.3%, equal to 0.34 mills)
B. The City must be prepared to pay 100% of the annual cost increase without the
assistance of insurance premium taxes, because it may take several years before the
city receives its full premium tax allocation.
C. The City would be required to pay 100% of the increased cost for general employees
to match the increased cost of any new benefits that may be added to the minimum
standards of police and fire benefits paid by insurance premium taxes - if the City
maintains its long-standing policy of providing uniform benefits to all employees.
D. The City would be required to pay 100% of the cost of new legislative mandates for
all employees if these mandates did not provide for additional insurance premium
taxes.
Phase B: Preliminary Feasibility and Desirability Study
Page 20
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TABLE I-A
CITY OF WINTER SPRINGS RETIREMENT PLAN
COMPARISON OF TOTAL PLAN COST
CURRENT PLAN TO CHAPTER 175/185 PLAN
MAINTAINING PARITY AMONG ALL CITY EMPLOYEES
CURRENT CITY PLAN
General
Police
Fire
Total Percent
Funding Payroll
$872,657
$350,823
$294,480
$1 ,517,960 14.3%
$138,000
$ I ,655,960 15.6%
Administration
Total
CHAPTER 175/185 PLAN
1. DIVISION OF RETIREMENT INTERPRET A TION
General
Police
Fire
Administration
Total Percent
Funding Payroll
$1,142,790
$638,934
$584,164
$2.365,888 22.2%
$234,000
$2,599,888 24.5%
$943,928
$320,209
$623,719 5.9%
Total
Total Year 1 Cost Increase over Current Plan
Estimated State Monies Available for Police/Fire
Shortfall
2. STATUTORY DEFINITION
General
Police
Fire
Administration
Total Percent
Funding Payroll
$1,142,790
$638,934
$584,164
$2.365,888 22.2%
$234,000
$2,599,888 24.5%
$943,928
$0
$943,928 8.9%
Total
Total Year 1 Cost Increase over Current Plan
Estimated State Monies Available for PolicelFire
Shortfall
Phase B: Preliminary Feasibility and Desirability Study Page 21
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TABLE I-B
CITY OF WINTER SPRINGS RETIREMENT PLAN
COMPARISON OF TOTAL PLAN COST
CURRENT CITY PLAN TO CHAPTER 175/185 PLAN
ENHANCED BENEFITS FOR POLICE AND FIRE ONLY
CURRENT CITY PLAN
Total Percent
Funding Payroll
General $872,657
Police $350,823
Fire $294,480
$1,517,960 14.3%
Administration $138,000
Total Annual Cost $1,655,960 15.6%
CHAPTER 175/185 PLAN
1. DIVISION OF RETIREMENT INTERPRET A TION
Total Percent
Funding Payroll
General $872,657
Police $638,934
Fire $584,164
$2,095,755 19.7%
Administration $234,000
Total $2,329,755 21.9%
Total Year 1 Cost Increase over Current Plan $673,795
Estimated State Monies Available for PolicelFire $320,209
Shortfall $353,586 3.3%
2. STATUTORY DEFINITION
Total Percent
Funding Payroll
General $872,657
Police $638,934
Fire $584,164
$2,095,755 19.7%
Administration $234,000
Total $2,329,755 21.9%
Total Year 1 Cost Increase over Current Plan $673,795
Estimated State Monies Available for PolicelFire $0
Shortfall $673,795 6.3%
I Phase B: Preliminary Feasibility and Desirability Study Page 22
DESIRABILITY
1. Understanding that the Commission will be ultimately held accountable for the
performance of its pension plan, does the Commission believe it is desirable to
increase ad valorem taxes, or withhold funding from other municipal services and
programs, in order to pay for the increase in payroll contributions necessary to fund
the adoption of Chapter 175/185 pension plans in the City, and does it believe that a
fully informed public would support this change in a referendum based upon these
conditions?
Considerations
The Economic Analysis section of this report indicated the need to increase payroll
contributions to fund the benefits required under Ch. 175/185 pension plans.
Conclusion
In order to fund the benefits required under Ch. 175/185 pension plans in the City, the
Commission would need to raise additional revenues or reduce other municipal services
and programs in order to create the additional funding to pay for the increase in payroll
contributions necessary to fund the adoption of Chapter 175/185 plans in the City.
2. Understanding that the Commission will be ultimately held accountable for the
performance of its pension plan, does the Commission believe it is desirable to
empower a pension board with decision making authority that is independent of the
review and approval of City Commission, and does it believe that a fully informed
public would support this change in a referendum based upon these conditions?
Considerations
The City's current pension plan provides for a single pension board, per Code Section 14-
52, to administer the provisions of the City's citywide unified pension plan as adopted by
the City Commission. Chapters 175 and 185 require an additional, separate pension
board be created to administer the 175/185 pension plan(s). The City Commission would
have no direct control over this pension board's actions.
Conclusion
The creation of an independent pension board required by Ch. 175/185 would remove
control over the actions of the pension board from the City Commission and/or their
appointed City Manager. This separation and loss of control could result in expenditure
of funds, hiring of consultants, etc. by the pension board independent of the oversight and
approval of the City Commission. Further, it is not uncommon for this separation of
control to result in disputes between the City Commission and pension board, resulting in
litigation between the independent pension board and the City to resolve those disputes.
3. Understanding that the Commission will be ultimately held accountable for the
performance of its pension plan, does the Commission believe it is desirable to
implement a pension plan that replaces the current taxpayer advisory board that
has no administrative powers with a independent board consisting of employees and
taxpayers with full administrative authority, and does it believe that a fully
informed public would support this change in a referendum based upon these
conditions?
Phase B: Preliminary Feasibility and Desirability Study
Page 23
Considerations
In the current pension plan the City adopted a simple set of checks and balances in which
the Commission retained all decision making authority, retained fiduciary responsibility,
retained all accountability directly to the taxpayers that elected them, vested
administration in the City Manager hired by and responsible to the Commission and
appointed a taxpayer advisory board with no administrative authority or final decision
making authority to advise the Commission on policies and levels of funding the
taxpayers of the City would support. This arrangement has consistently functioned to
control costs, provide a program of continuous improvements acceptable to taxpayers of
the City, and a harmonious cooperative relationship between all City employees.
The adoption of Ch. 175/185 plans represents a wholesale deviation from that set of
checks and balances, vesting policy and administrative authority and fiduciary
accountability in a board of employees and citizens accountable only to its members as
opposed to the taxpayers or elected officials. Additionally, this deviation provides the
independent board with the authority to sue the Commission to enforce its independent
rights regardless of the economic impacts on the taxpayers of the City, and subjects the
City and taxpayers to unfunded mandates of the legislature regardless of the economic
impacts of those decisions on the taxpayers.
The effect of this radical deviation in checks and balances has resulted in a continuous
increase in benefit cost as high as 10 I % of payroll cost, the consumption of funds needed
for other important municipal services and programs, and a continuous stream of
legislative mandates increasing employee benefits and the powers of independent boards.
Conclusion
Like other municipal advisory boards, the taxpayer pension board operates in conjunction
with the City Commission and City Manager, providing an effective, low-cost manner of
managing the City's pension plan. The replacement of the taxpayer pension advisory
board provides a graphic representation of the radical degree of the changes in checks and
balances. It is difficult to understand a justification for giving up a set of checks and
balances that have proven effective in making the Winter Springs pension plan one, if not
the more cost effective pension programs in the State and potentially directing the City's
pension plan down the slippery slope of problems and issues not uncommon to cities
across the State with Ch. 175/185 programs.
4. Understanding that the Commission will be ultimately held accountable for the
performance of its pension plan, does the Commission believe it is desirable to
relinquish its authority to a separate independent Pension Board that would have
the power to sue, including the potential to sue the City, and be sued, and does it
believe that a fully informed public would support this change in a referendum
based upon these conditions?
Considerations
The current pension board is an advisory board to the City Commission and thus has no
independent or fmal decision making authority. Chapters 175 and 185 require that an
additional, separate pension board be created to administer the 175/185 pension plan(s).
The City Commission would have no direct control over this pension board's actions.
By law, the 175/185 pension board would have "sole and exclusive" administrative
authority over the pension fund. The pension board is a legal entity that is expressly
Phase B: Preliminary Feasibility and Desirability Study
Page 24
authorized to "bring and defend lawsuits of every kind, nature and description." The
Division of Retirement has interpreted the powers of 175/185 pension boards very
broadly, and this has resulted in additional costs to cities in a number of instances. For
example:
a. The City of Pompano Beach police and firefighter pension board re-interpreted
two provisions of the city pension ordinance in a manner that resulted in
significant benefit increases to plan members, producing an additional cost of
more than $500,000 per year. The city was forced to file a lawsuit to block the
pension board's action. The lawsuit is still pending.
b. After the Town of Lake Park contracted with Palm Beach County to provide fire
services to the Town, all Lake Park firefighters became county employees. The
Town's firefighter pension board then decided to distribute the assets of the
pension plan in the form of lump sum payments to each member, which resulted
in a $600,000 deficit in the pension fund. The pension board, based on an
opinion from the Division of Retirement, demanded that the Town make up the
deficit. The Town was forced to file a lawsuit, and the trial court ruled in the
Town's favor. The pension board has appealed the trial court's ruling.
c. The police/fire pension board of the City of Delray Beach recently adopted a
new, expanded definition of "compensation" for the purpose of recalculating the
benefits of employees who retired over the past 15 years. The board's action was
directly contrary to a decision of the City Commission, and will increase the cost
of the plan by more than $35,000 per year. The City has been forced to file a
lawsuit to clock the pension board's action. The lawsuit is still pending.
Conclusion
The creation of an independent pension board as required by Ch. 175/185 often results in
disputes between cities and the pension boards, resulting in litigation to resolve those
disputes. And, because the city is responsible for paying the pension board's
administrative costs (including attorney's fees), the city must ultimately pay the
attorney's fees for BOTH SIDES of the case.
5. Understanding that the Commission will be ultimately held accountable for the
performance of its pension plan, does the Commission believe it is desirable to
implement a pension plan with a board structure that allows the Commission to
appoint only 2 of the 5 board members, as opposed to 5 of 5 currently, and does it
believe that a fully informed public would support this change in a referendum
based upon these conditions?
Considerations
The City's current pension plan provides for a single pension board, per Code Section 14-
52, to administer the provisions of the City's citywide unified pension plan as adopted by
the City Commission. The current board consists of five members who are appointed by
the City Commission. Board members are residents and taxpayers of the City.
Ch. 175/185 plans require membership consisting of five (5) members, two (2) of whom
shall be legal residents of the municipality appointed by the City Commission, two (2) of
whom shall be full-time police officers/firefighters elected by a majority of the members
of the plan, and a fifth member selected by a majority of the other four members. It is
Phase B: Preliminary Feasibility and Desirability Study
Page 25
not uncommon for the resulting board make-up to be comprised entirely of police
officers/firefighters.
Conclusion
The City's current pension plan allows for appointment of 100% of the board
membership by the City Commission. The board is comprised entirely of City taxpayers
who are accountable directly to the City Commission. Chapter 175/185 requirements
regarding pension board composition would allow for the City Commission to appoint
only 2 or 5 pension board members. The 175/185 pension board would be independent
of the control of and unaccountable to the City Commission.
6. Understanding that the Commission will be ultimately held accountable for the
performance of its pension plan, does the Commission believe it is desirable to fund
the additional expenses of two or three separate pension boards as opposed to one
pension board, and does it believe that a fully informed public would support this
change in a referendum based upon these conditions?
Considerations
The City's current pension plan provides for a single pension board, per Code Section 14-
52, to administer the provisions of the plan as adopted by the City Commission. The
current plan bears administrative costs such as actuarial expenses, legal expenses,
investment monitoring expenses, custodial bank expenses and investment manager
expenses for this single plan only.
The adoption of Ch. 175/185 plans would require the creation of additional pension
boards to administer the 175/185 pension plans(s). The creation of additional boards
would necessitate an increase in the current level of administrative costs due to the
resulting need for 2 or 3 separate actuarial reports, 2 or 3 sets of financial statements, 2 or
3 separate funds to the be audited, 2 or 3 attorneys" additional investment monitoring
expenses, etc.
Conclusion
The addition of pension boards necessitated by adoption of 175/185 plans would increase
the level of administrative costs over the amount currently paid by the City. The current
annual administrative cost of the plan is approximately $138,000. The cost of three
separate boards is expected to be approximately $234,000. A single plan for all City
employees is thus more cost-efficient from an administrative cost standpoint.
7. Understanding that the Commission will be ultimately held accountable for the
performance of its pension plan, does the Commission believe it is desirable to
relinquish its control over other types of administrative costs (e.g., travel
expenditures) to the various Pension Boards, and does it believe that a fully
informed public would support this change in a referendum based upon these
conditions?
Considerations
The current pension board is an advisory board to the City Commission and thus has no
independent or final decision making authority. Administrative costs related to the City's
current pension plan are approved by the City Commission via the annual budget process.
The day to day oversight of these administrative costs is delegated to the City Manager
who is hired by and responsible to the City Commission.
Phase B: Preliminary Feasibility and Desirability Study
Page 26
Under Chapters 175/185, the additional pension boards required to be created in order to
meet minimum statutory requirements would be vested with the full authority to establish
and adopt rules and procedures for administration of their respective pension plans,
including approval of administrative costs such as travel. Expenditure of taxpayer funds
for travel-related purposes is an area that necessitates a high level of monitoring as it has
become increasingly scrutinized in recent times as evidenced by abuse reported in the
Orlando Sentinel regarding travel expenses of the Orange County Expressway Authority
and the Central Florida Regional Transportation Authority (Lynx). The City would not
have the ability to control or limit the travel expenses of the 175/185 pension board(s)-
as long as the pension boards themselves approved the expenses.
Conclusion
The creation of an independent pension board required by Ch. 175/185 would remove
Commission and City Manager, acting on behalf of the Commission, control over
administrative expenditures by those boards. This separation of control could result in
expenditure of travel-related funds by the 175/185 pension boards, and potential abuse of
such, independent of the oversight and approval of the City Commission, which would
still be perceived a responsibility of the Commission by its taxpayers.
8. Understanding that the Commission will be ultimately held accountable for the
performance of its pension plan, does the Commission believe it is desirable to
relinquish its authority to decide which consultants are employed by the City's
pension board and what fees they are paid for their services, and does it believe that
a fully informed public would support this change in a referendum based upon these
conditions?
Considerations
The current pension board is an advisory board to the City Commission and thus has no
independent or final decision making authority. Final award of contracts and the fees
paid for such services to pension consultants is currently approved by the City
Commission via the RFP process. The day to day oversight of these contracts/consultants
is delegated to the City Manager who is hired by and responsible to the City Commission.
Under Chapters 175/185, the additional pension board(s) required to be created in order
to meet minimum statutory requirements would be vested with the full authority to
establish and adopt rules and procedures for administration of their respective pension
plans, including hiring and negotiating contracts for pension consultants such as
attorneys, investment advisors, auditors, actuaries, investment managers, etc. The
175/185 pension boards could choose to utilize the current City Attorney as their pension
attorney, but this would be at their sole discretion and must be under terms and conditions
acceptable to the pension board, regardless of the current contractual arrangement the
City has with its Attorney.
Conclusion
A result of the creation of independent pension boards required by Ch. 175/185 would be
the removal of control over the selection of pension consultants employed by those
boards from the City Commission and/or their appointed City Manager, in favor of the
independent pension board. Hiring authority would be vested in the respective 175/185
pension boards and would be independent of the oversight and approval of the City
Commission, which would still be perceived a responsibility of the Commission by its
taxpayers. This separation of control could result in the board's hiring of a consultant
Phase B: Preliminary Feasibility and Desirability Study
Page 27
that is unacceptable to the City Commission, and could further result in conflict between
the board's consultants, attorneys, etc and the City Commission's consultants, attorneys,
etc., potentially leading to litigation, which is not uncommon, in order to resolve the
conflict.
9. Understanding that the Commission will be ultimately held accountable for the
performance of its pension plan, does the Commission believe it is desirable to
commit to a fiscal program in which, prior to its implementation, it is not possible to
determine the level of future revenues from State insurance premium taxes, and
does it believe that a fully informed public would support this change in a
referendum based upon these conditions?
Considerations
Per Chapters 175/185, a city is not eligible to receive state premium taxes unless the
components of its pension plan meet the minimum requirements of Chapters 175/185.
Once the city's pension plan meets those minimum requirements and the city levies the
tax via ordinance, the plan is eligible for receipt of state premium taxes, which may be
utilized to defer some allowable portion of the cost of funding the plan. However, until
such time as the city adopts said ordinance, the amount of state insurance taxes it will
receive is unknown and unavailable.
Moreover, the State will not provide estimates of the amount of premium taxes expected
to be received. According to the State, the reason for this is that although insurance
companies do pay these taxes on policies existing in cities that are not currently
participating in 175/185 plans (such as Winter Springs), they are not required by the State
to report policy information specific to those cities until such time as that city adopts a
175/185 plan and provides proof of such adoption to the State Division of Retirement.
Even though the amount of premium tax revenues cannot be projected with confidence,
several facts about how premium taxes may be used to defray the cost of a 175/185
pension plan are known:
a. In order to receive premium tax revenues, the City must adopt a pension plan that
complies with the minimum benefits and standards in Chapters 175 and 185.
b. A city that creates a new 175/185 pension plan must pay the full cost of
providing the statutory minimum benefits, and cannot use premium tax revenues
for this purpose.
c. Once a city establishes a Chapter 175/185 pension plan that meets the minimum
benefit requirements of Chapters 175 and 185, it is eligible to receive premium
tax revenues which must be used for "extra benefits" for firefighters and police
officers.
d. According to the Division of Retirement's interpretation, the amount of premium
taxes that may be used is a frozen dollar amount equal to the first year cost ofthe
extra benefit(s). As the city's payroll grows, the dollar cost of the extra benefit(s)
also grows. However, the amount of premium taxes that can be used for the
extra benefit(s) is frozen at the first year dollar amount. This means that every
year the city will be required to pay an increasing share of the cost of the extra
benefit(s).
Phase B: Preliminary Feasibility and Desirability Study
Page 28
e. There is disagreement about the meaning of "extra benefits." As pointed out by
the City's pension attorney, Chapters 175 and 185 define "extra benefits" as:
"benefits in addition to or greater than those provided to general employees of
the municipality and in addition to those in existence for firefighters and police
officers on March 12, 1999." See sections 175.351(1)(b) and 185.35(1)(b),
Florida Statutes. However, the Florida Division of Retirement has interpreted the
statute to define "extra benefits" as benefits that are greater than the statutory
minimum benefits, without regard to the benefits provided to general employees.
The difference between the statutory definition of "extra benefits" and the
Division of Retirement's interpretation is important for cities like Winter
Springs, which have uniform pension benefits for all employees. Under the
statutory definition, the city could not use premium tax monies to pay for ANY
existing benefits. All premium tax monies would have to be used to provide
benefits for police officers and firefighters that are greater than the benefits
provided to general employees. However, under the Division of Retirement's
interpretation, premium tax monies could be used to pay for police and fire
pension benefits that are greater than the statutory minimums.
Conclusion
The lack of substantiated revenue estimates for insurance premium taxes makes it
difficult to make an informed financial decision on the feasibility of implementing such a
program, as any financial decision absent this data violates proper and professional
financial practice. Any estimates created are obviously subject to significant error. Any
error could have a significant impact on the level of funding required by the City, placing
further burden the City's General Fund budget and consuming funds needed for other
important services and programs in the City.
10. Understanding that the Commission will be ultimately held accountable for the
performance of its pension plan, does the Commission believe it is desirable to
commit to the Chapter 175/185 revenue sharing program in which the use of
premium tax revenues is limited, and when there is a significant disagreement over
the meaning of "extra benefits", a condition that could have a dramatic impact on
the City's ability to use premium tax monies to pay for existing benefits, and does it
believe that a fully informed public would support this change in a referendum
based upon these conditions?
Considerations
The use of premium tax revenues received by the City is strictly limited by law and by
the Division of Retirement. There is also disagreement over the meaning of "extra
benefits" which could have a significant impact on the amount of premium tax monies
that can be used to pay for existing pension benefits. The following facts about how
premium taxes may be used to defray the cost of a 175/185 pension plan are known:
a. In order to receive premium tax revenues, the City must adopt a pension plan that
complies with the minimum benefits and standards in Chapters 175 and 185.
b. A city that creates a new 175/185 pension plan must pay the full cost of
providing the statutory minimum benefits, and cannot use premium tax revenues
for this purpose.
Phase B: Preliminary Feasibility and Desirability Study
Page 29
c. Once a city establishes a Chapter 175/185 pension plan that meets the minimum
benefit requirements of Chapters 175 and 185, it is eligible to receive premium
tax revenues which must be used for "extra benefits" for firefighters and police
officers.
d. According to the Division of Retirement's interpretation, the amount of premium
taxes that may be used is a frozen dollar amount equal to the first year cost of the
extra benefit(s). As the city's payroll grows, the dollar cost of the extra benefit(s)
also grows. However, the amount of premium taxes that can be used for the
extra benefit(s) is frozen at the first year dollar amount. This means that every
year the city will be required to pay an increasing share of the cost of the extra
benefit(s).
e. There is disagreement about the meaning of "extra benefits." As pointed out by
the City's pension attorney, Chapters 175 and 185 define "extra benefits" as:
"benefits in addition to or greater than those provided to general employees of
the municipality and in addition to those in existence for firefighters and police
officers on March 12, 1999." See sections 175.351(1)(b) and 185.35(1)(b),
Florida Statutes. However, the Florida Division of Retirement has interpreted the
statute to define "extra benefits" as benefits that are greater than the statutory
minimum benefits, without regard to the benefits provided to general employees.
The difference between the statutory definition of "extra benefits" and the
Division of Retirement's interpretation is important for cities like Winter
Springs, which have uniform pension benefits for all employees. Under the
statutory definition, the city could not use premium tax monies to pay for ANY
existing benefits. All premium tax monies would have to be used to provide
benefits for police officers and firefighters that are greater than the benefits
provided to general employees. However, under the Division of Retirement's
interpretation, premium tax monies could be used to pay for police and fire
pension benefits that are greater than the statutory minimums.
Conclusions
By law the premium tax monies that the City receives may only be used to provide "extra
benefits" for firefighters and police officers. The amount of premium that may be used is
a frozen dollar amount equal to the first year cost of the extra benefit(s). This means that
every year the city will be required to pay an increasing share of the cost of the extra
benefit(s). Moreover, under the statutory definition of "extra benefits," the City may not
be able to use any premium tax monies to pay for existing pension benefits, since the
benefits are the same for all employees and thus are not "greater than the benefits
provided to general employees."
11. Understanding that the Commission will be ultimately held accountable for the
performance of its pension plan, does the Commission believe it is desirable to risk
the cohesive spirit of cooperation we currently enjoy with our single citywide
pension plan in favor of the inherent divisive nature of separate pension plans, and
does it believe that a fully informed public would support this change in a
referendum based upon these conditions?
Considerations
In the past, the policy of the City Commission in regards to employee benefits has been
to treat all employees equally, thus maintaining parity among all City employee groups.
Phase B: Preliminary Feasibility and Desirability Study
Page 30
The policy of providing parity has served the City well and has helped to bond employees
towards a common goal, create a team atmosphere, and provide a cooperative
environment among employees as well as among management and labor that has received
recognition from private citizens and other City officials.
This spirit of cooperation was evidenced in 1998 when City employees voted in the
majority to pool together all of their individual retirement accounts existing in their
defined contribution plans in order to help fund the newly created and current citywide
unified defined benefit pension plan. This action was taken under the belief that the new
defined benefit pension plan would continue to operate as a unified plan in perpetuity.
Conversely, it is not uncommon for cities that possess separate plans for general
employees, police officers, firefighters and/or other classes of employees to experience
discord, both spoken and not spoken, amongst those different groups of employees. Put
simply, this becomes a situation of the "haves" and "have-nots." This discord often
becomes more problematic in hampering the effective operation of City services and
creating unnecessary problems that take the focus off issues that are more important to
taxpayers such as delivery of cost-effective services.
Conclusion
Implementation of a Chapter 175/185 plan represents a major deviation from the
successful and effective past practice of providing parity in employee benefits among all
groups of employees. The City would need to access the damage done to its credibility in
the eyes of general employees based upon the City's change in commitment to provide all
City employees with equal benefits. The City would also need to assess the potential
damage to its ability to provide and focus on the delivery of services to taxpayers.
12. Understanding that the Commission will be ultimately held accountable for the
performance of its pension plan, does the Commission believe it is desirable to
implement a pension plan in which it will be increasingly subject to mandates of the
State Legislature resulting in an unfavorable financial impact on the City, and does
it believe that a fully informed public would support this change in a referendum
based upon these conditions?
Considerations
Chapters 175 and 185 were adopted by the Florida Legislature in 1939 and 1953,
respectively. Since that time, the legislature has made numerous changes to the original
laws that govern those plans, often as a result of pressures by those affected employee
groups. For example, in 1986 minimum benefit levels were raised. In 1988, the
premium tax percentages were lowered. In 1998, the powers of the pension boards were
increased. In 1999, the use of state premium taxes was restricted. In 2004, the use of
state premium taxes was again addressed and restricted. Also, shortly after the
presumption bill was passed, worker's compensation premiums experienced substantial
increased costs that had to be born by the City.
These changes ultimately have a significant financial effect on a City's required funding
levels for those plans. Police and firefighter unions continue to lobby the legislature for
changes to Chapters 175/185 that will benefit their members. These changes could have
a significant effect on Chapter 175/185 pension plans and on the pension costs incurred
by cities that sponsor such plans.
Phase B: Preliminary Feasibility and Desirability Study
Page 31
Conclusion
The policies and procedures of the City's current pension plan are effected and approved
by the City Commission of the City of Winter Springs. Decisions on benefits,
investments, eligible participants, etc. are made solely by the City Commission. A
change to a 175/185 pension plan would subject the City of Winter Springs and its
taxpayers to mandates of the State legislature, and any changes the legislature may adopt,
irrespective of the wishes of the City Commission.
13. Understanding that the Commission will be ultimately held accountable for the
performance of its pension plan, does the Commission believe it is desirable to lower
the current normal retirement age below 55, and does it believe that a fully
informed public would support this change in a referendum based upon these
conditions?
Considerations
In today's world economy where every dollar counts, and in which the vast majority of
the public has their retirement programs frozen and even eliminated, there has to be some
rational criteria upon which retirement benefit decisions for public employees are made.
The chosen retirement age is one of if not the most cost sensitive elements of a retirement
plan. Small increments of change can result in dramatic cost increases.
Fire and police interest groups have for many years exalted the need for costly early
retirement due to health reasons. Facts do not support a rationale for the need of normal
retirement dates different from those of many other employees. Actual workmen's
compensation tables place police and fire in a lower risk category than employees in
construction and manual labor jobs, according to the U.S. Department of Labor, Bureau
of Labor Statistics.
Clearly, if such a need exists the reduced normal retirement ages, it should be applied to
all high risk employees, not just police and fire. The public's intolerance for excessive
public employee retirement benefits is growing. For example, following 911 the National
Fire Association advised their locals to capitalize on the sentiments of 911 to maximize
benefits. This was not a wise decision. As in Winter Springs, there was a nationwide
backlash resulting in local governments saying "NO". As one New York City Fireman
interviewed on national television said, the Union allowed itself to become intoxicated on
its own public relations.
The City currently has an age 55 normal retirement age benefit. Currently there are two
proposals being discussed to reduce the normal retirement age as follows:
1. The minimum Chapter 175/185 normal retirement age of 52 with 25 years
service, and
2. No minimum age with 30 years of service.
Except in individual medical situations, at a time in which the years of able work have
been expanded by improved medical care, and diet and exercise programs, it is difficult
to justify the cost in reducing the City's current normal retirement benefit from 55 years
of age and 10 years service to 52 years of age and 25 years service, as required in Chapter
1751185, which would result in an annual plan cost to the City of $2.3 million dollars, or
21.4% of payroll. It would also be difficult to justify the costs of the 30 years of age and
Phase B: Preliminary Feasibility and Desirability Study
Page 32
out regardless of age recommendation, which would result in an annual plan cost to the
City of $2.1 million dollars, or 19.5% of payroll.
A better option would be to maintain the current 55 year normal retirement age and
provide for an enhanced disability benefit for employees determined medically unable to
perform their duties from private sources equal to that provided by Ch. 175/185 plans.
Conclusion
The costs for reducing the normal retirement age below 55 are dramatic. In the
alternative the City should explore the cost of increasing disability benefits for employees
in the case of a bona fide medical disability from private sources equal to that provided
by Ch. 175/185 plans. Thus, a decision to lower the retirement age must be decided on
the basis of "need" as opposed to "want."
14. Understanding that the Commission will be ultimately held accountable for the
performance of its pension plan, does the Commission believe it is desirable to add
additional boards and thus additional board members resulting in an increase of the
number of individuals with fiduciary responsibilities and liability and bear the
increased costs of fiduciary insurance and required training for those board
members, and does it believe that a fully informed public would support this change
in a referendum based upon these conditions?
Considerations
Ch. 112 F.S. mandates that certain officials of city pension plans are charged with
fiduciary duties and the associated liability. A plan may purchase insurance for its named
fiduciaries to cover liability or losses incurred by the acts of the fiduciary. Board
members of a pension plan are fiduciaries by definition. Ch. 112 also mandates annual
training for those individuals with fiduciary responsibilities.
Conclusion
The addition of separate pension plans as mandated by Chapters 175/185 would
significantly increase the number of board members and thus the number fiduciaries with
associated liability under the plans. This increase in the number of individuals with
fiduciary liability would also serve to increase the potential for fiduciary error and
omissions and increase cost required for training purposes.
15 . Understanding that the Commission will be ultimately held accountable for the
performance of its pension plan, does the Commission believe it is desirable to
increase the oversight of its pension plan by the State Division of Retirement, and
does it believe that a fully informed public would support this change in a
referendum based upon these conditions?
Considerations
Ch. 175/185, sections 175.341 and 185.23 provide that the Division of Retirement shall
be responsible for the daily oversight and monitoring of the actuarial soundness of plans,
determining compliance with Ch. 175/185 provisions, and for holding and distributing
premium taxes. Within the Division of Retirement, this authority has been delegated to
the Municipal Police Officers and Firefighters Retirement Trust Funds Office. This
office has authority to determine a plan's compliance with the provision of Ch. 175/185
and eligibility for receipt of premium tax monies.
Phase B: Preliminary Feasibility and Desirability Study
Page 33
In making such determinations, this office has made decisions on whether a plan's
actuary has properly utilized the premium tax monies. This has resulted in a legally
substantiated opinion that some plans are utilizing premium tax monies inconsistent with
Statutes and are thus, subject to legal challenge.
Conclusion
Adoption of a Ch. 175/185 plan would subject the City to dramatically increased
oversight of the State Division of Retirement while dramatically reducing the
Commission oversight. The Division has full authority to make determinations of a
plan's compliance with the provision of Ch. 175/185 and full authority to determine
eligibility for distribution of premium tax monies.
16. Understanding that the Commission will be ultimately held accountable for the
performance of its pension plan, does the Commission believe it is desirable to
implement a pension plan in which the power to adjudicate a member's entitlement
to disability benefits is fully vested in the independent Pension Board, and does it
believe that a fully informed public would support this change in a referendum
based upon these conditions?
Considerations
Ch. 175/185 minimum requirements include a disability retirement component with the
specific definitions and terms of eligibility dictated in the statutes. These terms and
benefits are more advantageous to 175/185 participating members than those of
traditional disability insurance policies available to private and other public employees.
For example, Ch. 175/185 disability provisions deem a firefighter to be "permanently and
totally disabled" if, in the opinion of the pension board, he or she is wholly prevented
from rendering "useful and efficient service" as a firefighter/police officer. This final
decision as to eligibility for benefits is made by the independent pension board,
comprised in part and potentially in whole, by members of the pension plan, independent
of the City Commission.
This is in contrast to normal disability insurance policies that attempt to assist the
affected employee in returning to work, even if in another occupation. An example of a
commonly expressed concern with this law is in a case where a police officer has an
inoperable injury to his/her trigger finger, yet is fully capable of performing useful and
effective service in all other areas of police service or any other job he or she may now or
in the future be qualified for. Although this individual cannot perform service as a police
officer, he or she could perform service in a police administrative or training function.
Further, this individual could perform useful service in any other area he or she may be
qualified for or may become qualified for. Regardless, this individual is still eligible
under Chapters 175/185 for a disability pension of not less than 42% of his or her average
monthly salary for life (or ten years certain to the employee and/or his or her beneficiary).
Furthermore, it is not uncommon for cities to experience abuse of this Ch. 175/185
disability component. This abuse was documented in a 1996 St. Petersburg Times
investigative report entitled To Serve and Collect, enclosed herein. According to The
Times report:
a. the average age of a disability retiree under the Florida Retirement System
(including special risk categories) was 50 compared to 39 under the 175/185
Tampa Fire & Police Pension Fund, 42 under the 175/185 St. Pete Police Pension
Phase B: Preliminary Feasibility and Desirability Study
Page 34
Fund and Fire Pension Fund, 39 under the 175/185 Largo Fire and Police Pension
Fund.
b. The average monthly disability pension as a percent of salary was 42% under
FRS and 60% - 75% under the aforementioned 175/185 pension plans.
c. One in three Police Officers and Firefighters retires on a disability pension in the
City of Tampa, one in eight in St. Petersburg, and more than one in three in
Clearwater, all 175/185 pension plans. By comparison, fewer than one in one
hundred sheriffs deputies, covered by FRS, collect a disability pension.
d. Chapter 175/185 disability pensions in Clearwater, Tampa, Largo and St.
Petersburg are far more liberal than the private sector where most employees are
encouraged to go back to work. Police officers and firefighters who go out on
disability are rarely called back to work, even if they recover 100%. Police and
firefighter unions have negotiated contracts that make it difficult if not
impossible to call employees back to work, even if they're fully recovered.
e. The list of medical conditions, including heart disease and tuberculosis,
presumed to be job-related and thus eligible for a disability pension is growing
all the time. Theoretically, a police officer who has smoked a pack of cigarettes
a day since age 15, engages in promiscuous sexual behavior and is grossly
overweight still could be awarded a disability pension.
f. Most police and fire pension boards are composed primarily of police officers
and firefighters, some of whom may be seeking their own disability pension in
the future or voting on friend and colleagues. Not surprisingly, well over half of
the applications submitted in the past 15 years (report date May 1996) have been
approved: 62% in Tampa, 65% in Largo, 73% in St. Petersburg and 96% in
Clearwater, all 175/185 pension plans.
g. In the past two years (report date May 1996), state records show 31 police and
fire political actions committees gave nearly $3 million to Florida elected
officials.
h. It is not uncommon for a police officer or firefighter to retire on a disability
retirement and then return to work in the same city in another job capacity. 11
such cases exist in Tampa alone.
Conclusion
Implementation of a 175/185 pension plan requires the inclusion of a disability
component as part of the pension plan. This disability component must comply with the
terms and benefits of Chapters 175/185. These requirements make the disability
retirement component, under 175/185, ripe for abuse and also vest the adjudication of
eligibility for these disability benefits in the hands of the independent pension board.
City employees currently enjoy a generous 100% city-paid disability insurance policy
that provides income to an employee should he or she becomes disabled. This practice
has served the City well over the years and provides appropriate balance in providing
benefits to employees vs. taxpayer funds expended for this benefit.
Phase B: Preliminary Feasibility and Desirability Study
Page 35
to serve and collect
QUALITY I
CITIES I
Volume 69 Number 11
.
Executive
Director's
Introduction
To Serve &
Collect-A St.
Petersburg
Times'
Investigation
Departments
35
Sunday. March 31, 1996:
To Serve & Collect ................................. 6
Smooth sailing for pensioner.................])
'r [oHowed the letter of their law' .......... 12
'r feel like r can do the job' .....................13
Lobbyist knows pensions firsthand .......14
Monday. April L 1996:
Pension fund run by good 01' boys? .......17
Golf. ajob - and disability pay ..............21
Trustees enjoy travel perks ...................24
Tuesday, April 2. 1996:
Sick of the boss? Retire on disability... 25
Reprimand, then depression .................28
Officer depressed by 'public ridicule' ..... 29
Case set trend for pensions ...................29
Crash led to psychological pension .......30
FCCMA Celebrates 50th Anniversary
34
34
38
43
46
48
Quality Floridian
Ad Index
Opinions of the Commission on Ethics
Report from City Hall
Professional Services Directory
News Briefs
QUALITY crTIES - M~:: 1996
3
From the
Executive Director
Ten years ago, Florida's localgovernmentsJaced
legislation that drastically altered the composition oj
pension boards and their procedures. Direct
representation on these boards by councilmembers
was prohibited. This erosion oj Home Rule authority
and loss oj direct representation has led. in the
League's opinion. to many of the personnel problems
cities face today. Strong union lobbying has resulted
in a split between the entity that pays the benefits to
the employee and those who make the judgment call
as to the need Jar the benf(.fit.
In a 1986 article in the Florida Municipal Reporter
(then the League's magazine) about this legislation.
this was written:
"The League views such a separation qI authority
Jrom responsibility as ill-conceived and potentially
costly for city ta'Payers. A municipality would remain
fIScally responsiblefor the ultimatefunding oj any
deficits arising in the pension plan, yet under (this
bill), the city could have little or no control over the
actual operation oj the plan. The independent ability
oj the pension boards to hire their own counsel. collect
attorneys 'Jees. and set their own budget without
review by the city is disturbing because unchecked.
the cost oj such actions could escalate
disproportionately to actual need. "
Now. a decade later, these words came to mind as
I read this series q{ articles in the St. Petersburg
Times titled "To Serve &. Collect. ~ You may think of
examples closer to home. The issue oj eliminating the
independence oj these pension boards will continue to
create problems Jor cities and tCLx:payers - absent state
legislative action-and will continue to be an
expensive way to provide benefits to employees.
We appreciate being given permission to reprint
this series.
SUNDAY, MARCH 31, 1996
FIRST IN A SERIES.
WHAT THE
TIMES
INVESTIGATION
FOUND:
. In some of Tampa
Bay's biggest cities,
I in every ~~ police
officers and
firefighters retires
on a disability pen-
sion.
. Police officers and
Ilrefighters who go
out on disability are
rarely called ba<:k to
work - even if they
recover.
. Disability pensions
for public safety
employees often are
more lucrative than
regular pensions -
and the money is
totally tax-free.
. HepaUtis, heart
attacks, emphy-
sema - the list of
diseases presumed
to be job-related is
gro'\Jing all the time.
A TIMES' INVESTIGATION
TO SERVE AND
COLLECT
BY BRAD GOLDSTEIN, THOMAS C. TOBIN AND KATHERINE SHAVER
Times Staff Writers
D ,bocah J. Donn. a Tampa
police officer, hurt her right
thumb arresting a suspect and
said she could no longer se-
curely hold a gun.
In 1989. Dunn retired on a
taxpayer-supported disabllity
pension. What's she doing now?
She's riding the North Carolina
quarter-horse circuit. \\Tinning
tJrst place in barrel and pole
racing events.
John Holsapple. a Clearwater
firefighter. injured his back as
he tried to Uft a heavy object out
of a fire truck. A city advisory
committee expressed skepticism
about the extent of his injury.
but still awarded him a disability
pension.
Holsapple now sells antiques
and has been observed lugg:lng
furniture into a store in
Dunedin.
Daniel Fries, a St. Petersburg
fire lieutenant.. was hurt in an
accident while driving a city car
home from work. He said he suf-
fered such severe back, neck and
shoulder pain it prevented him
from working as a firefighter.
Despite conflicting medical
evidence. Fries was awarded a
disability retirement that now
pays $2:020 a month. In addi-
tion to his St. Petersburg pen-
sion. he earns 84.905 a month-
as chief of the Largo Fire Depart-
ment.
More than 500 police officers
and firefighters in the Tampa
Bay area have left their jobs and
retired on disability pensions.
Some or them are true heroes.
seriously ai'ld permanently in-
jured while trying to protect the
public. For them and their fami-
---.------~-,~~.__._--_.~-------~_._---------_._----_.
FLORIDA LEAGUE OF CITIES
6
lies. a disability pension provides
a measure of financial security
when they are no longer able to
work.
But in lour of Tampa Bay's
biggest cities-Tampa, St. Pe-
tersburg, Cleaxwater and
Largo - disability plans have
become so generous and tempt-
Ing that some employees have
used them as shortcuts to their
golden years. They retire on pen-
sions that sometimes rival their
regular salaries. ihen go on to
even more physically demanding
occupations and avocations.
In St. Petersburg, one in every
eight retired police officers and
firefighters is collecting a disabil-
ity pension. In Tampa and Largo,
!l's ] in every 3; in Clearwater.
more than ] in 3.
By comparison. fewer than I
in 100 sheriffs deputies and
other employees covered by the
state of Florida retirement sys-
tem collect a disability pension-
even though the state system
itself is considered one of the
most generous in the naUon.
-[hese (local) pensIon pro-
grams are administered bv the
people who benefit from them."
said Raymond Sittig. former
president of the Florida League
of Cities. "You have firefighters
sitting there determining if
firefighters can go out on disabil-
ity_ If there's a shortfall in ben-
efits. they send the bill to the
taxpayer. . . . It's really a theft of
the public purse."
A Times' investigation found:
. Disability pension plans in
Clearwater. Tampa, Largo and
St. Petersburg are I~lr more lib-
eral than lJlOse in the private
f
~
<:.
?!.
.
sector, where most employees
are forced to go back to work.
Moreover, disability pensions are
more lucrative than regular re-
tirement pensions because they
are tax-free. An officer nearing
retirement age is usually better
off going out on disability than
on a regular pension - for one St.
Petersburg police officer. It
meant a difference of more than
$3.600 a month.
. Police and firefighter
unions have negotiated contracts
that make it. difficult if not im-
possible to call employees
back to work even if they've fully
recovered. All four cities rely
heavily on the retirees them-
selves to say if they're able to
return to work. Few do: Tampa
has recalled one and Clearwater
not a single person.
. The list of medical concli-
lions presumed t.o be Job-related
-and thus eligible for a disabil-
ity pension-is grov..ing all the
time. La.st year, state lawmakers
added meningococal meningitis
and all strains of hepatitis to a
list that included heart attacks.
hyl)Crtension. angina and all
TO SERVE & COLLECT
fonns of non-cancerous lung
disease. Theoretically. a police
officer who has smoked a pack of
cigarettes a day since age 15,
engages in promiscuous sexual
behavior and is grossly over-
weight still could be awarded a
disability pension.
. Most police and fire pension
boards are composed primarily
of police officers and tlrefighters,
some of whom may be seeking
their own disability pensions in
the future or voting on those of
friends and colleagues. Not sur-
prisingly. well over half of the
applications submitted in the
past 15 years have been ap-
proved: In Tampa, 62 percent; in
Largo. 65 percent: in St. Peters-
burg, 7.3 percent and in Clear-
water, 96 percent.
Local pension plans are
funded by taxpayers, payroll
contributions from active police
and firefighters and a Iittle-
knO\vn tax on car and home-
owner's insurance.
If you pay property taxes or
own a house or car. you are
helping finance someonc's dis-
ability retirement.
Times Photo-
FRED VICTORIN
TOO HURT
TO WORK?
Former
Clearwater
firefighter John
Holsapple, right,
hurt his back,
refused another
job with the city
and now collects
$1,305 a month
in disability
benefits. He's
shown here
lifting a walnut
dresser in
January.
"I think It's a real concern,"
said Hon Forbes, former l'inellas
Park police chief and city man-
ager.
"Ifs not a the money is there
and it's not hurting anyone' is-
sue. 111e reality is taxpayers
fund the pension plans. . . . I
think voters today are exasper-
ated with the idea that govern-
ment keeps asking for more
money and putting it into waste-
ful (programs). n
Police and fireflght.er unions.
which negotiat.e the disability
retirement contracts with each
city. say they're only trying to
protect members who dally put
their lives on the line. "Most
people in the private sector
aren't exposed t.o the same haz-
ards as a police officer (or) a fire-
fighter," said Ed Hoffman. former
deputy Ilre chief in West Palm
Beach and now a lobbyist for the
Police Benevolent Association. '"
am not going to go out there and
be a police officer with the ele-
ment we have out. there. . . .
Those vocations are above ancl
beyond what anyone in the pri-
vate sector is exposed to."
QUALITY CITIES - !\tIAY 1996
7
A TIMES' INVESTIGATION
'-:d pension fu:~ trustees.
I who decide whetJler to grant
I disability pensIons, say they are
I merely enforcing long-standing
I contracts. One reason for the
I high number of pensions, some
i say, Is a d""indllng work ethic.
I "Let's say you didn't get a pro-
I motion or you didn't get a par-
i Ocular assignment -.it just be-
. comes convenIent to go out on a
disability pensIon," said Indian
Shores Pollee Chief Earl Wlll-
iams. a former Tampa police
officer who spent nine years on
Tampa's pension board. "I saw
that frequently. It's like any
other business. someone is al-
ways looking for the easy way
out."
At least one of Deborah
Dunn's Sup(~IVIsors thought the
Tampa pollee officer was less
than committed to her job.
Dunn had worked as a horse
trainer and competed on the
professional jumping circuit be-
fore joining the Tampa Police
Department in 198~~.
In 1984. Dunn was com-
mended for helping to subdue a
man armed with a shotgun. The
following year. she was ap-
pointed to the mounted patrol
unit. But then her marriage
ended in divorce, and her work
started to suffer.
Dunn was cited for I~liling to
clean her cruiser, abusing sick
time. becoming ovenveight and
displaying a negative attitude
I that was affecting her horse's
i safety as well as her own.
II "She has exhibited an attitude
that t.his profession and this
department owe her something
and she should not have to ap-
I ply herself to receive it." wrote
I one of her superiors.
I Dunn denied t.he charges.
! Three mont.hs and two more
I disciplinary letters later, she
injured her right thumb trying to
restrain a suspect in the police
booking room,
In 1988 -just days after an-
other negative job review-she
told her physician she was un-
able to fire her sef\ice revolver.
A panel of three doctors
agreed, saying her inability to
fire her gun meant she could no
longer work as a pollee officer.
When she came before the city's
pension board, t.he trustees
asked about her horse-jumping
competitions and whether she
could hold the reins \'lith her
right hand.
"I can't," she repUed. "1 can't
do it.. 1 can't use my thumb."
The trustees voted unani-
mously to grant her a disability
retirement. Even if she could
hold the reins, they argued, she
couldn't grip her gun and should
be rdired.
Since leaving the force in
1989, Dunn, 36, has never been
rceaUed to Tampa for an inde-
pendent medical exam. She now
lives In Hubert:, N.C., near Camp
LeJeune. and has collected more
than $130.000 In disabilltv ben-
efit.s. .
Dunn's injury has not. inter-
fered with her riding.
L,,1.st June, she entered two
events at t.he annual quarter-
horse show on the grounds of
the Lake Waccamaw Boys Home.
The llrst event, barrel racing.
requires a rider to maneuver a
horse around a series of rodeo
barrels and cross the finish line
at breakneck speed. In the sec-
ond event, pole racing, the horse
gallops to the end of a sand-filled
arena and returns, zig-zagging
as fast as possible between tlve
poles.
Holding the reins firmly in
both hands, other competit.ors
said, Dunn circled the first bar-
rel. then the second, and finally
the third, before crossing the
finish line In 16 seconds.
She won both events.
Dunn did not respond to a
written request for an interview.
'Just a travesty'
Although public safety retire-
ment plans In Tampa. Clear-
water, SI:. Petersburg and Largo
have evolved in their own ways.
they started out in the same
fashion.
Most municipal workers col-
lected up to 50 percent of their
highest salary upon regular re-
tirement. When they died. a por.
FLORIDA LEAGUE OF CITIES
8
tion was given to their spouses
and minor children.
But shortlv before World War
II. many cUiis began offering
public safety employees more
generous benefits than other
workers if tJley agreed to forego
the Social Security program. The
plans saved cities tens of thou-
sands of dollars in weekly contri-
butions.
The plans also were a boon to
pollee and fireflghters who be-
came disabled on the Job,
If an employee had enough
medical evidence to persuade a
majority of pension board mem-
bers he was disabled. he could
collect from 60 to 75 percent of
his salary, depending on the
plan.
'The emotional appeal is to
our sense of fair play in
America," said Forbes, the
former Plnellas Park police chief.
"That If someone puts their life
on the line for us. they're deserv-
Ing of whatever they get. So we
tend to be more lenient and un-
derstanding. But is that good
business and the right thing to
do? If you look at. occupational
hazards, you'll find police orne.
crs and firefighters way down
the line."
According to the National In-
stitute for Occupational Safety
and Health in Atlanta, loggers,
fishermen, maritime employees
and structural steel workers far
exceed police officers and
firefighters in rhe rate of on-the-
.lob deaths per thousand. Police
came in 27th; firefighters 41st.
Nevertheless. Florida lawmak-
ers thought It was good business
to reward public safety officers.
In 1953, the Legislature ap-
proved a premitim tax on all car
and homeowners insurance to
help fund local pollee and fire
pensIon plans. The tax has
meant a total of $81-milHon for
the plans in St. Petersburg.
Tampa, Clearwater and Largo,
An expert in labor relations
says strong lobbying by public
safety unions is responsible for
the premium tax and lucrative
contracts, "Where (unions) are
more politically involved their
benefits are higher." said
TO SERVE & COLLECT
Charles Hall, assistant director
of the Center for Labor Research
Studies at Florida International
University.
The power of the public safety
unions is clearly evident in the
fine print of contracts in the four
bay area cities. Each city's re-
tirement plan is far more liberal
than the state's, especially in the
area of disability pensions. Un-
der the state system, if a law
enforcement officer or firefighter
can no longer patrol a beat -or
climb a ladder. another position
'kill be found to accommodate
the limitations.
In Tampa and Largo, a public
safety employee who can no
longer arrest a person or
scramble up a ladder is eligible
for a disability pension even If he
could do another, less physically
demanding city job. The same
was true until recently In St.
Petersburg and Clearwater. In
addition to the pension, employ-
ees in all four cities can collect
benefits from workers' compen-
sation, which pays 66 percent of
their salaries for two years.
"I don't think the public un-
derstands that a person (used to
be able to) go out and collect
compensation and disability and
get 150 percent of their salary,"
said Andrew Houston, St. Peters-
burg's employee relations direc-
tor. "Now the law has changed
and you can only collect 100
percent. But that's not taxable
income. So actually. there is a
financial incentive to go out."
Nowhere is that. more appar-
ent than in Clearwater.
Until this year. police officers
and firefighters injured on t.he
job were entitled to a pension of
75 percent of their average sal-
ary over the past five years, plus
15 percent for every minor child.
They were also entitled to a
lump-sum payment funded
through the tax on car and
homeowners insurance. That
has meant a one-time average
payout of nearly $28,000 per
person. One fire lieutenant who
first injured his ankle sliding
down the firehouse pole got
$108,418.
"It was just a travesty as far
as I was concenled and many
others in city management as to
what was happening, ~ said
Clearwater Police Chief Sid
Klein. "You don't have to be a
rocket scientist to figure It
ouL..there clearly were abuses."
To get a disability pension in
Clearwater, an employee applies
to the Pension Advisory Commit-
tee. The applicant must supply
two medical reports supporting
his claim. In cases where the
committee has doubts, it can get.
a third, Independent opinion.
In 1985, the committee con-
sidered the case of John Hols-
apple. a firefighter who said he
had injured his back while lifting
a heavy object out of a truck
compartment.
Committee members were
bothered by conflicting state-
ments from three doctors. One
said the injury was permanent.
Another said Holsapple had
shown 25 percent improvement
in t.he three months since his
injury. A third said he was
"rehabilitatable. "
When the committee sug-
gest.ed an independent medical
examination, Holsapple refused.
Instead, he went back to the
doctor who had said he was im-
proving. The doctor drafted a
new letter calling the injury a
"permanent Impairment."
When Holsapple appeared
before tile pension board the
following month, one member
asked if he was interested in
another job with the city.
Holsapple, who by then had two
opinions supporting his disabil-
ity claim, said no.
He got the pension, but two
committee members continued
to have qualms. According to
minutes ofa 1985 meeting, t.hey
weren't In favor of the pension
"but the way the law reads, they
had no choice but to grant" it.
Today, Holsapple collects
$1,305 a month in disability
benefits. In January, two report-
ers and a photographer watched
as he towed a trailer filled 'kith
furniture from his home to an
antique store in Dunedin. With
another man's help, he then
lifted two antique bureaus and
other bulky items from the
trailer with no apparent trouble.
Holsapple, 49, lives in a
4,000-square-foot home near the
waterfront in Ozona-a home on
which. records show, he served
as contractor. He declined to
comment for this story.
Holsapple doesn't need to
worry about being recalled.
Clearwater tightened its pen-
sion contract last fall when it
eliminated the bonus for depen-
dent.s and reduced the disabiltty
benefit from 75 to 66 2/3 per-
cent of the employee's average
salary over the past five years. It
also established provisions for
recalling pensioners who have
recovered from their disabilities.
But the city agreed to a grand-
father clause that makes It im-
possible to recall any of the 80
public safety employees now
collecting disability pensions-
including the police and fire
union presidents. Holsapple and
others like him \\iU receive their
pensions for life.
Never to return
Over the years, courts have
ruled that a police officer or fire-
fighter is entitled to a disability
pension even if he's only 5 per-
cent disabled - as long as that 5
percent affects hi~ ability to do
his job.
"Take a police officer who
hurts his trigger Unger, it's
locked and he can't use his gun,"
said Jon Ellis, administrator for
Largo's police and fire pension
plan. "They can no longer be a
police officer. But they can turn
around and be a judge, an attor-
ney. or an insurance fraud in-
vestigator. It does lead lay people
to look at the process and say,
"Mv Lord, I don't know how this
pe;son Is qualified to be dIsabled
when .t:e's doing a full job over
there.
Mindful of appearances,
Largo, St. Petersburg and Tampa
have provisions allo'king them.
like Clearw'ater, to recall pen-
sioners who have recovered from
their disabilities. So far, few
have returned.
gUALI1Y CITIES - MAY 1996
Each year Tampa randomly
selects 20 pt:nsioners under age
46 for re-examinations but has
recalled only one. St. Petersburg
has recalled two employees. No
one has been recalled in either
Clearwater or Largo, but Ellis
notes that at least his city's rules
are clear:
"We don't need authorization
if we find someone working in
the capacity of a police officer or
firefighter--we automatically
terminate their pension," Ellis
saId.
But. Daniel Fries, 59. presents
an interesting problem. Before
his arrival at the Largo Fire De-
partment, Fries worked as a fire
lieutenant in SL Petersburg.
In 1972, Fries was driving
home Irom work in a Si. Pet.ers-
burg city car when it was struck
from the rear. Although he suf-
fered a sprained back' and neck.
"he has reached the point where
he could n~turn to his usual type
of employrnent and extracurricu-
lar activities without restdc-
Uons," a doctor wrote in 1973.
"No further treatment is neces-
sary."
After that report. Fries went to
two other doctors. They agreed
\\-ith him that the car accident
had caused a partial disability.
Fries received a disability pen-
sion, saying that continued pain
prevented him from working as a
fire lieutenant.
Two years later, in 1976, Fries
went to work as a fire inspector
in Largo. Ellis says Fries would
not have been eligible to con-
tinue receiving a disability pen-
sion under the eity of Largo's
contract.
"If we were St. Petersburg, we
would have terminated him."
Ellis said. "TIle problem is on t.he
St. Pete side. ,.
St. Petersbur,g officials say a
fire lieutenant still needs to pull
a fire hose and work a fire. ac-
tivities that Fries is incapable of
performing.
In Largo. Fries rose through
the ranks. becoming a lire mar-
shal. then deputy ni.c chief.
In 1987. he was driving a city
car when a 70'year old woman
made an improper U-turn in
A TIMES' INVESTIGATION
DUNN: When the pension
board asked her if she could
hold the reins of her horse in
her injured hand, Officer Dunn
said, "I can't do it."
front of him. Fries was unable to
stop in time to avoid hitting her.
He sued the other driver,
claiming the accident caused
pain and suffering and loss of
consortium. In 1992, the
woman's insurance company
settled, agreeing to pay Fries
$15.500. That year, he was
named Largo fire chief earning
$56,596 per year.
Fries' total income. from his
Largo salary and his tax-free SL
Petersburg disability pension, Is
$83.104.
He says his disability doesn't
interfere with his job as fIre
chief. "I can do my job as fire
chief fine." he said. "I couldn't
pull a fire hose for any length of
time, or climb a ladder."
With almost 20 years on the
job in Largo. Fries soon will be
eligible for a retirement pension
from that city as well.
A tax-free
retirement
In Tampa, St. Petersburg,
Clearwater and Largo. police
officers and firefight.ers can col-
lect more from disabilit.y pen-
sions than from regular retire-
ments.
It's not surprising. then, that
a majority of the disability pen-
sions granted in the four cities
have gone to public safet.y em-
ployees with more than 15 years
on the job. One in three was
within a year or two of reaching
the 20-year minimum for regular
retirement.
Consider the case of Troy
Hitchcox. He was a 19-year vet-
eran of the St. Petersburg Pollee
Department when he injured his
knee in 1985 trying t.o subdue a
dnmken driver.
FLORIDA LEAGUE OF CITIES
10
Under terms of his contract.
Hitchcox was eligible to receive a
disability pension worth 60 per-
cent of his salary, compared with
50 percent for a normal retire-
ment. That meant $1.900 a
month tax-free instead of $1,600
before taxes.
Hitchcox undenvent arthro-
scopi,c surgery and applied for a
disability pension. During his
recovery, he opened his own bail
bonds and private detective
agency.
1\vo orthopedic surgeons felt
Hitchcox could return to duty
after rehabilitation. But one of
the doctors told the city that
Hitchcox "was more concenled
with long-term disability than
\"....ith rehabilitation."
Hitchcox attributed the com-
ments to a personality conHict
with the doctor. He got a third
opinion, which called for a total
knee replacement in t.he future.
Trustees of St. Petersburg's
pension board questioned
whether his work as a bail
bondsman or private eye re-
quired the same amount of labor
as a police officer.
No. Hitchcox told them. "It's
not-you lmow, I'm not to go out
and arrest someone," he said.
The board denied the pension.
Hitchcox sued and ajudge or-
dered a new hearing. City offi-
cials declined to appeal and
granted Hitchcox his pension
and $12,725 in back pay.
If the pension board had
checked with the state insurance
department, it would have
learned bail bondsmen have
stronger arrest powers than local
police officers.
"They're bounty hunters." said
Sally Burt. who oversees all bail
bondsmen in the state of Florida.
Those are the exact words
Hitchcox reportedly used to in-
troduce himself last summer
when he appeared at Doris Hill's
St. Petersburg home to arrest a
Juvenile wanted lor strong-arme~
robbery.
"He was supposed to be an
ex-police oITicer." recalled Hill.
whose grandson was friendly
with the youth. "\\ollen the
TO SERVE & COLLECT
Smooth
sailing
for I
Times Staff Writer I
T LARGO
wo years ago, Largo police of-
ficer David Paulsen skippered a
five-man crew In a race against the
elements.
Paulsen had entered hiS 33-foot
sailboat Solar Wind in the annual
Clearwater to Key West regatta, a
grueling 48-hour contest. At the
time. he was on his second year of light duty and collecting workers'
compensation because of a car accident.
He was also four months shy of applying for a lifetime disability pen-
sion.
"1 never did anything on that boat that I had claimed I could not
do," said Paulsen, 29. who acknowledges tying ropes and sailing
through squall-force winds during the course of the race. .
In 1992, Paulsen was driving home from a training class when hIS
car was struck from behind. He was taken to the emergency room
where. records show. a doctor found a lower-back strain but no disc
damage.
Since then, Paulsen has complained of vertigo, dizzy spells and
black-outs as well as chronic back and shoulder pain. He said his inju-
ries prevented him from sitting longer than 15 minutes, working as a
police officer or raising his hands above shoulder level \vithout severe
pain. But he did buy the 33-foot Morgan that he entered In the 1994
Clearwater-Key West regatta.
It was Windy t.hroughout the race. said Jeff Shearer. a Largo detec-
tive who was on the Solar Wind's crew, but "the boat we were on is a
very heavy boat. very steady. So the ride was very smooth."
But Biil Wilhelm, a Clearwater lawyer who finished flrst in the same
boat class, described the trip as anything but smooth.
"Just south of Egmont a squall blew in and broke a couple of
booms," he said. ". . .Thursday night. was nowhere you wanted to be if
you had anything wrong \vith you."
Soon after the race. Paulsen filed for a disability pension. Today he
collects $1.370 a month and is studying criminology at the University
of South Florida.
Times photo FRED VICTOR1N
DAVID PAULSEN, Largo police: Paulsen commanded a crew on the
Solar Wind, above, in the Clearwater-Key West regatta, but four months
later said he was unable to do his job.
bounty hunter went to put the
cutfs on him, he resisted."
Hitchcox chased the boy
around the house. according to
HUrs grandson, William Patty.
When Hitchcox reached for the
youth, Hill's dog became excited
and t.urned on Hitchcox.
"It was a little cut on the el-
bow and a hole on his pants."
Patty said. "He was smiling
and laughing. We just put a
Band-Aid on his elbow and he
walked out fine."
Hitchcox, 53, declined com-
ment on his case. "Suffice to say
I am on a disability pension," he
said. "It was a court-ordered
pension. That's about all I want
to say."
With cost-of-living adjust-
ments. Hitchcox now collects
$2,310 in monthly disability
benefits. He does private detec-
tive work for defense la1Nyers. an
insurance company and his
fornIer employer-the city of St.
Petersburg.
@Copyright 1996, 8t. Petersburg Times.
All rights reserved.
@Copyright 1996, St. Petersburg Times. All rights reserved.
QUALITY CITIES - MAY 1996
11
A TIMES' INVESTIGATION
I followed
I the letter
of thei r
law'
BY KATHERINE SHAVER
TIMES STAFF WRITER
TAMPA
he house that the city
built.'. That"s the nickname some
of Bobby Moody's former col-
leagues at: the Tampa Police De-
partment gave his 13-room
house modeled after an 1890
Princess Anne Victorian.
Moody and his former wife.
Debra Moody Richards, say tbey
built the two-story, 4,000-
square-foot Parade of Homes
\\,inner with money each earned
from a city disability pension and
workers' compensation.
Bobbv Moodv retired in 1985
after he"hurt his leg when he
crashed a motorcycle he wasn't
supposed to ride. He got a repri-
mand. He also has received more
than $240,000 from his pension
and another $100.000 from
workers' compensation. All of it
was tax - free.
Two veal'S after Moodv retired.
his wif'C at the time. Debra, re-
tired as a Tampa firefighter. She
said she felt knee pain when she
stepped off a fire engine while
trying to direct it into the station.
In the past. nine years, she has
collected $] 3 I ,000 from her dis-
ability pension and another
$67,500 from workers' compen-
sation. It. too, was tax-free.
Times Photo-VICTOR JUNCO
Bobby Moody, Tampa Pollee, Debra Moody Richards, Tampa Fire
Department: The couple, then still married, built this house in Hitlsborough
County partly with their disability benefits.
Together, a cop and firefighter
built ~l dream home. With its
one-acre piece of land. the house
is now appraised for tax pur-
poses at $146.800.
"If you get more money,"
Bobby Moody said, "you'll live
a better lifestyle. That's obvi-
ous. . . . r would have built that
house with a pension or not.
The pension just helped it come
along a little quicker."
The house wasn't the only
thing that bothered some T~unpa
police and firefighters, who help
taxpayers bankroll the pension
fund with their paycheck deduc-
tions. Some questioned the coin-
cidence of a city-supported "dis-
abled couple."
"People said it was a scam."
Bobby Moody said. ". . . They
acted like we planned this. We
didn't plan this. It happened.
It's odd it happened this w'ay."
As an instructor at the Tampa
police academy. Moody was sup-
posed to supervise new recruits.
But. one afternoon in 1985. he
asked to take a spin on another
instructor's three-wheel. all-
terrain motorcycle.
Though Moody had never rid-
den a three-wheel motorcycle. an
instructor gave him a helmet
and some pointers and told him
to stay on the flat. grassy area
nearby. Two minutes later. Moody
was seen riding off into the
woods. according to police re-
ports.
Atter missing a turn. Moody
crashed into a small tree and
impaled his right. leg on a branch.
A supenrisor wrote that while
Moody had been an "outstanding"
oH1cer for eight years. the motor-
cycle incident showed a "lapse of
sanity." He received a \\Titien
reprimand.
The damage, however, was
already done. After three opera-
tions, doctors determined Moody
could never again run at top
speed or climb quickly.
One pension board trustee.
police Lt. Robert Pennington, said
he objected to someone riding a
motorcycle "and playing on i( and
then becoming disabled and us
having to retire him and pay
three-quarters of a million dollars
in benefits over his lifetime."
But another argument won
out. As one tmstee put it, "hors-
ing around" was "an accepted
practice" at t.he police academy_
Moody's motorcycle crash. there-
fore, left him with a bonafide line-
of-duty injury.
Bobby Moody. 42. now \\forks
as a sales representative for a
FLORIDA LEAGUE OF CITIES
12
TO SERVE & COLLECT
. After William Hamner was iryured, Tampa didn't want
him. Now he gets a pension and works as a cop in
Alabama.
'I feel like I can
do the job'
BY KATHERINE SHAVER
Times Staff Writer
O TAMPA
n a Saturday night 17
years ago, Tampa pollee Officer
William Hamner answered a
family argument call and found
himself at the end of an irate
husband's shotgun.
The blast sprayed pellets into
Hamner's chest and left arm. He
underwent several operations,
but his ann never fully recov-
ered. Considered too injured for
street patrol. Hamner retired and
was awarded a disability pension
to take care of him the rest of his
life.
But in 1989, word reached
Tampa police that Hamner also
was taking care of himself - by
working as a detective sergeant
for the police department in
Selma, Ala.
Today, Hamner is a Selma
police lieutenant. He carries a
gun. He has arrested murder
suspects and bank robbers,
some of whom he had to "'-'restle
into submission.
If Hamner gets paid $30.000
annually to work as a cop in
Alabama, how can he also collect
$22,750 every year tax-tree as a
"disabled" police officer in
Tampa?
Blame it on a system that
sometimes discourages people
from returning to work even
when (hey want (0.
As of 1990. when the Tampa
fire and pollee pension board
had Hamner re-examined, he
still couldn't rotate his left arm
to get his palm face-up. His arm
was crooked, Hamner told the
board, but strong, and he
wanted to return t.o the Tampa
Police Department. "I feelllke I
can do the job," he said, accord-
ing to a tape recording of the
meeting.
The pension board's doctor
agreed that Hamner's arnl had
recovered enough that he could
return to street patrol. But there
was one technicality: The limited
motion in one ann was enough
local pager company. Debra Moody Richards, 41, is a travel agent in
Tampa. The couple divorced in 1991. He still lives in the house. Bobby
Moody says parts of his right leg are still paralyzed. He can't run or
climb quickly and says he withstands the pain only by swallo\\oing 800
milligrams of Motrin daily.
Debra Moody Richards said that even after several knee operations
she still wears a knee brace sometimes. "r worked damn hard to get to
where I got. and it was devastating to me when r got hurt," she says.
". . . You give up part of your body. and you go through pain every day."
Both say they have nothing to apologize for.
"I followed the letter of t.heir law and followed their (pension) con-
tract. and I retired," Bobby Moody said. ". . . If they think it (the con-
tract) is too lenient. which ob"iously it is, then they should change it."j"%
OCopyright 1996, St. Petersburg Times. All rights reserved.
hoto AP
WILLIAM HAMNER, Tampa police:
A shotgun blast sprayed pellets into
his chest and arm.
to make Hamner fail the physical
exam given to new Tampa police
recruits.
It didn't matter that Hamner
had strengthened his arm and
grip by lifting weights and
squeezing tennis balls. Or that
he had passed the Selma Police
Department's physical agility
test. The only thing he couldn't
do, he said, was use a pump
shotgun, so the Selma depart-
ment bought him an automatic.
"As far as doing the job. "
Hamner told the board, "every-
thing they've ever told me to do
I've been able to do."
But rules were rules. "My only
concern as a trustee was could
he come back',''' said Tampa po-
lice Lt. Robert Pennington. a
pension board trustee. "Would
we hire him if he came to us? . . .
The doctors said no, we wouldn;{
hire him."
Hamner. 45, said he never hid
the fact that he intended to con-
tinue In police work, a job he
loved. The same day he got his
disability pension in Tampa, he
started work as a sheriffs
deputy in Manatee County.
"rm not trying to do anything
improper," he said. 'Tampa PD
knows what my abilities and
disabilities are, and they prefer
to pay me to not work there."
OCopyright 1996, Sf. PeterSburg Times.
QUALITY CITIES - MAY 1996
13
A TIMES' INVESTIGATION
LAWRENCE "LARRY" PULKRABEK, St. Petersburg police: For more than 10 years, Pulkrabek, left, has worked the
sea, landing stone and blue crabs from the Gulf of Mexico. He also has been receiving $2,310-a-month disability checks
from the St. Petersburg Police Pension Fund. He said a 1974 car accident caused lower back pain that prevented him
from sitting or standing for long periods of time. In 1978, he won a disability pension. In 1983, he was re-examined by a
city doctor who blamed his lower back pain on his 52-inch waistline. Pulkrabek, 52, said he was unaware of the doctor's
report. He said he has always relied on partners to halllllp his traps. This photo Was taken in Venice, Fla.. in January.
Lobbyist knows
.
pensions
firsthand
L TALLAHASSEE
awrence "Ed" Hoffman, a
former West Palm Beach deputy
fire chief, retired on a disabilitv
pension because of angina and
severe a nxietv.
But HofTm~lT1 is still hard at
work-lobbying the FIOIida leg-
islature to grant. even more ben-
eHts to public safety employees.
"I'm more knowledgeable than
most of the people up there. . .
on the Florida Retirement SyS-
tem-I helped write it in 1969,"
says Hoffman. lobbyist for the
state's 31 ,OOO-member Police
Benevolent ASSOciation. 'Tve
lobbied very strenuously, espe-
cially for (fire and police),"
Hoffman, 75. calls himself
"dean of the lobbying corps." the
. A man who lobbies legislators about disability
benefits for police and firetlghters collects a pension
himself.
BY BRAD GOLDSTEIN
Times Staff Writer
FLORlDA LEAGUE OF CITIES
14
title given him In a state proda-
malion extolling his work on
behalf of public safety employees
covered by the state retirement
system.
With more than 30 years of
lobbying experience and tlrst-
hand knowledge of the disability
system. Hoffman has helped
make retirement benefits for
Florida law enforcement officers
am.ong the most generous in the
nation.
Last year. he and Robert
Spiegel. then lobbyist for the
Fraternal Order of Police. helped
persuade the Legislature to add
meningococcal meningitis, a
contagious bacterial Infection,
and all strains of hepatitis to a
gro..ving list of diseases pre-
sumed to be Job-related.
"The only thing they had us
t.ake out was AIDS." says
Spiegel, a disabled Hialeah po-
lice officer who recently went to
work for the state labo;' depart-
ment. "They thought. we could
contract that disease in other
areas. . . . I am sorry that was
taken out. That's something we
face on a dallv basis."
Some criii(~s say the police
unions have gone overboard.
that they arc appealing to the
Legislature or the state Division
of Retirement whenever they are
unable to obtain benefits
through the local bargaining
process.
'The legislators, who don't
really pay the bills. have no rea-
son at all not to be sympathetic
to the public safety unions." said
Andrew Houston, SL Peters-
burg's employee relations direc-
tor. ~I don't know what their PAC
cont.ributions are. but they must
be significant."
In the past two years, state
records show, 31 police and fire
political action committees gave
nearly $3-million to Florida
elected officials.
HolTman claims credit for
helping win legislative approval
of 32 laws that have increased
benefits for firefighters and po-
lice officers. He says his angina
has been known to surface when
he is in the midst of a heat.ed
discussion.
MWhen 1 get upset. I still get
it." he says. ~I get the damnedest
pains in the world."
Retired from the West Palm
Beach Fire Department in 1970,
Hoffman receives $787 a month
from his disability pension. He
won't say how much he is paid
to lobby.
Hoffman thinks he has a good
chance of persuading lawmakers
to pass a bill that would provide
family health insurance to any
police officer or firefighter who
gets a disability pension after
Jan. 1. 1996. At present. some
cities. like Hialeah. oller health
insurance while others. includ-
ing Tampa. 51.. Petersburg.
Clearwater and Largo. do not.
Charles Hall. assistant direc-
tor of the Center for Labor Re-
search Studies at Florida Int.er-
national University, estimates
the bill would cost taxpayers an
extra $H,OOO a year for each
familv covered.
H;ffman also is working to
make it easier for police officers
and firefighters to obtain disabil-
ity pensions from the st.ate re-
tirement system_
HOFFMAN: He was a firefighter in
West Palm Beach. Now he's a
lobbyist in Tallahassee.
Now, he savs. "It's t.oo damn
hard. " -
@Copyright 1996, St. Petersburg Times.
All rights reserved.
HOW WE DID IT
In preparing Ihis series. the
Times examined thousands of
pages of personnel records,
workers' compensation flies,
pension board minut.es and
other records pertaining to the
disability retirement. claims of
hundreds of police officers and
tlrefighters in Tampa. 51. Pet.ers-
burg. Clearwater and Largo.
In November. the Times' par-
ent company, Times Publishing
Co.. sued the city of Largo for
fall1ng to release records that the
newspaper believes are open to
the public because they deal
with matters involving taxpaycrs'
money.
The lawsuit also alleged that a
Largo City administrator violated
Florida's Public Records Law by
refusing to state in writing why
the records were being denied.
Pinellas-Pasco Circuit Judge
Fred Bryson appointed two spe-
cial masters to delete identifiable
Q{jALl'iY CITIES - MAY 1996
15
information from medical
records. which he thcn turned
over to the Times. The news-
paper's lawyers have filed excep-
tions to the special masters'
work, contendIng they deleted
more information than the court
ordered them to.
The city of Largo was repre-
sented by attorney James B.
Loper, who also is the attorney
for the Tampa police and
firefighters pension board.
Working with data in person-
nel and medical records from the
four cities, the Times used a
computer to determine the types
of injuries most likely to lead to
disability retirements as well as
the average amount of workers'
compensation paid for each type
of injury. The computer work
was done by computer-assisted
reporting editor Brad Goldstein
and computer-assisted reporting
specialist Connie Humburg.
What's an injury worth?
In addition to a disability pension, injured police and firefighters can collect worllefS' compensation for
up 10 two yeam. ThIs illustration &I1ows how much a specifIC injury is worth on average In worllers'
compensation in the Tampa Bay area.
ShouIder-related
InjurIeS
average compensation
cosls: $96,071
Hand-related injuries
average compensalion
costs: 578,627
average compensation !
costs: $59.849 j
: Heart-related
............1! Injurles
average compensation
! costs: $57.831
Knee-related injuries
average compensation
costs: $84,167
leg-related injuries
average compensation
costs: $106,363
Foot-related injuries
average <:ompensa~i0n
costs: 580743
Psychological
Injurles
average compensation
costs: 529,720
A comparison of disability retirement plans for police and firefighters
Pension fund
FlorkIa ReHremE'!nt System
Tampa Fin.> and PoHce Pension Fund
Sf. Petersb-wg Po!ice Pension Fl:r.d
St Petersburg Fi!efighters Pension FUnd
Cieareatet Ge;",~r.a~ Empicyees Fund
Largo F!re a"d Fo!iCf:- Pens:cr. F~)fid
Assets of fund
Average age of
a disability retiree
50
39
42
Total number Total number Most common
of retirees on disability disability
789 31 c-ack
976 302 bad<'
341 37 back
307 45 back
217 80 back
52 19 bact
Average monthly
disability pension
$1.440
$1.791
51.828
Percent
of salary
42".<
6SS-;..
50c,~
S5j.bi!liOi1
St3&-n;i:!icn
$f24-miik-r;
S6J..mimCfl
42
$1.845
50%
$221.mm.",
4!
".874
51.320
'I;~~ .
$37 -mil!icr.
39
TImes art - TERESANNE COSSETT.lI
FLORIDA LEAGUE OF CITIES
16
SECOND IN A SERIES.
Pension fund run by
good 01' boys?
TO SERVE & COLLECT
BY KATHERINE SHAVER
Times Staff Writer
. The police and fire disability retirement system in
the bay area's largest city is lucrative for both employees
and pension fund insiders.
By most measures. the
Tampa Firefighters and Police
Officers Pension Fund has been
'1 great success. In the past year
its assets grew by $109-million,
to a total of $636-million.
For Tampa's 2.400 current
and former public safet.y employ-
ees, that huge pot of money
means a secure retirement or a
good income should they become
disabled on the job.
But money from the fund
doesn't go solely to police and
firefighters. The flush pension
fund has meant pay dirt. for oth-
ers as well:
. A North Carolina real estat.e
broker has been paid more than
$1.4-million to oversee the pen-
sion fund's investment in an
industrial park near Raleigh.
Over the years the fund has
spent $ 19-mlllion on the indus-
trial park, but. thc investment
has yet to turn a profit. The bro-
ker was a college friend of the
pension fund's investment coun-
selor.
. $852.000 is being spent on
new offices for the trustees in
Tampa. Furnishings include a
$6.400 wood-inlai conference
t.able and chairs costing $720 a
piece. The new building was de-
signed by an architectural firm
whose vice president is the
brother of the pension fund's
attorney.
. That attorney has been
paid more than $840,000 by the
fund since 1988. That includes
$150 an hour to represent the
Jimd in dealings w1th the Florida
Legislature. However, the attor-
ney didn't register as a lobbyist
until ] 2 days ago - two months
after a reporter first questioned
him on the matter.
. More than $42,000 has
gone for trustees' trips to semi-
nars in such locales as Las Ve-
gas and Palm Springs. One
trustee attended a conference on
a type of investment the pension
fund Isn't even allowed to make.
"There is so much money,"
said Tampa Fire CapL Jack
Ballinger, the newest pcnsion
fund trustee, "Who wouldn't
want a piece of this pic?"
The pension fund is controlled
by nine trustees - three police
officers, three firefighters and
three city officials. The money
they oversee comes from several
sources: state and local taxpay-
ers, payroll deductions from ac-
tive police and firefighters, and
income from stocks and other
investments.
17
MONDAY, APRIL 1, 1996
Even some trustees question
certain expenditures and what
they fear could be perceived as
cronyism and conflict.s of inter-
cst.
"I think we're missing the pub-
lic scrutiny," said Ron Ibarra, the
city's chief accountant and a
pension board trustee. Ibarra
said the fund's size speaks for
t.he trustees' business success.
But. he added, "I think the pub-
lic is critical of coziness in gov-
ernment at any leveL"
'The best man
for the job'
How Tampa's pension fund
came to buy 1,650 acres of pines
and cow pastures in the middle
of North Carolina illust.rates the
sometimes close relationships
between those handling the
fund's money and those
benefitting from it.
Since paying $4-million for the
Carolina farmland in 1992, the
fund has spent another 14 vears
and $] 5-million trying to h.i:rn it
into lucrative real estate.
It paid for new roads. It paid
for new sewers. It paid for three
new buildings. The result: one of
North Carolina's largest indus-
trial office parks, where 2,500
people now work.
But some in Tampa question
when or if their real estate deal
500 miles from home \\111 blos-
som into the profits tllCY were
promised.
A TIMES' INVESTIGATION
Times photo -JIM STEM
PENSION FUND
HEADQUARTERS:
The board spent $852,000
on this new building,
including $50,000 on
furnishings. "I don't care
how much money is in that
(pension) fund. We should
be accountable for every
dollar. It's not a kitty for
building things you think will
look nice." says Fire
Inspector Carlos L1erandi,
who became a pension fund
trustee after the building
was approved. The new
headquarters is at 3001
North Boulvard.
"I can't believe that invest-
ment ,"vas so great that we had to
go to North Carolina," said
Tampa Fire Inspector Carlos
L1erandi. who became a pension
fund trustee after the purchase.
When Tampa's pension board
decided to invest in land, its
investment counselor. Harold
Bowen, turned to North Ctu'o-
Iina, where he once lived and
still had a branch office. Land
there was far cheaper than in
Tampa Bay. he said. and ripe for
development.
Bowen called Mike Hendren. a
Greensboro real estate developer
\vhom Bowen had known since
both were students at the Uni-
versity of North Carolina.
Hendren Ic.mnd the property
along a major interstate and
brokered the sale. He declined to
say how much the sellers paid
him in real estate commissions.
"I'm sure people out there
might think I brought Mike
Hendren into it as a fiiend."
Bowen said. ~Nothing could be
further JI-om the truth. . . . I
thought he was the best man for
the job. and I trusted him. ~
Hendren told the pension
board that a large, empty indus-
tl;al building. a ~model home" of
Salis, would lure businesses into
the park. The pension fund built
three - at costs ranging from
$1.4.miIlion to $3.2-miJIion.
So far. the fund has recouped
$18 --million from the sale of
about 400 acres and the three
buildings. But the park is still
S 1.3-million short of making an
overall profit.
The North Carolina property
was never intended to produce
quick cash, Bowen said, but
rather to be a long-term venture.
Another 1,300 acres is ready for
sale at prices averaging eight
times the original cost.
"This has already paid for
itself, and there's a lot more land
that can be sold,~ said Sharon
Fox, a city tax auditor and pen-
sion board trllstee. "I don't see
how they can lose."
J-Jendren himself has made at
least $1.4-mlllion in manage-
ment fees and sales commis-
sions, records show. Sometimes
he makes more money off the
property than the pension fund
does. Consider the recent sale of
the third building. The pension
fund made a profit of $180.500
-- Hendren's commission was
$214.600.
Hendren's position has never
been put out for bid. thou~h
three trustees have publiely
criticized the idea of paying
someone so much money v.-ith.
FLORIDA LEAGUE OF CITIES
18
out exploring other options.
Trustees who support Hendren
say it would be impossible to
replace his expertise in bandllng
their North Carolina property.
Last fall, at Bowen's sugg{~S-
lion and over the protests 'of the
three trustees. the pension
board renewed Hendren's con-
tract for another three years,
That guarantees him $72,000 a
year in management fees and 8
perc.ent of all land and building
sales in the park.
"The man is doing a good Job,"
said police Lt. Robert Penning-
ton. the fund's chairman. "The
invest.ment manager said they
were working well together. and
he needed to do more. I felt com.
fortable with that:."
t
Nice, but
necessary?
Tampa police officers say their
35-year-old station downtown
literally makes them sick. Thev
blame 'chronic colds and hackin.~
coughs on everything from rat -
droppings in their eotIee cups to
a black goo caked onto the air-
conditioning vents.
A mile t.o the north. the nine
trustees responsible for handling
t.heir pension money will meet ill
tO SERVE & COLLECT
Photo - AP
NORTH CAROLINA REAL ESTATE: The Tampa Firefighters and Police Officers Pension Fund bought 1,650 acres of
land between Greensboro and Raleigh and turned it into one of the state's largest industrial office parks. But the
investment is still $1.3-million shy of producing profits for the pension fund.
a pristine new building that cost
$852,000,
#1 don't see the purpose," said
Ibarra, the city's chief accountant
and pension board trustee. "I like
it.. It's done, But if I were on the
board (when the new building
was proposed). I'd say. 'Do we
really need this?' ..
Pennington, the board's chair.
man, said the fund had outgrown
its rent-free but dingy offlces in a
45-year-old city building beneath
a noisy overpass of Interstate
275.
#We were a multimillion (dollar)
corporation working out of a rat-
infested shack, ~ he said.
Three architectural firms bid
for the job, Including Fleischman
Garcia, a Tampa flml whose vice
president. Stan Loper, put to-
gether its bid. Stan Loper is the
younger brother of James B.
BALLINGER:
The pension
fund is sun by
nine trustees-
three police
officers, three
firefighters and
three city
officials. Fire
Capt. Jack
Ballinger is the
newest trustee.
Loper, the pension board's attor-
ney.
Stan Loper estimated his firm
could design the building for
about 7 percent of the construc-
tion costs, a proposal in line with
those of the other bidders.
The trustees hired Fleischman
Garcia on a unanimous vote.
Tampa police Lt. Scott. Cunning-
ham, a former trustee who over-
saw the selection process, said
he was most impressed with the
firm's presentation and other
buildings it had designed.
Cunningham said that when
he recommended Stan Loper's
firm to the full board, "It was
made perfectly clear these t.wo
arc brothers but there's nothing
there. . . . The fact that St.an
Loper was ,Jim Loper's brother
became irrelevant.. It was never a
part of the decision making,"
A tape recording of the Nov.
13, 1990. meeting included a 90-
second mention of the relation-
ship before Stan Loper was hired.
Four of the nine trustees were
absent.
"I didn't know about it and
when I did, it was too late," said
Fire Capt. Jesse Wright, who had
left the meeting early. "I don't
know if it was improper. but it
appeared improper."
Jim Loper said he had nothing
to do wiih his brother's hiring.
gUALD.2:._crnES - MAY 1996
19
Stan Loper. whose firm has made
$32,500 off the project:, refused
'm interview but responded to
INritten questions, He said
Fleischman Garcia learned of the
project from it.s former marketing
director.
Pension board attorneys are
not subject to state anti-nepotism
laws, according to the Florida
Commission on Ethics in Talla-
hassee.
"It doesn't look right. I'll admit
that," Pennington said. "But I feel
comfOliable v.ith it.. . . . We knew
we'd be criticIzed, but it comes
down to getting the job done right,
on time and on budget, and that's
what we got."
Mter all, in a $636-milIion pen-
sIon fund, a $852,000 buildIng
looks IJke peanuts. Still, some
say, that's not the point.
"[ don't care how much money
is in that fund," LlerandL the fire
inspector. said. "We should be
accountable for every dollar. It's
not a kitty for building things you
think \...ill look nice."
Not a lobbyist?
When Tampa's firefighters and
police pension board wanted to
hire an attorney, it didn't have far
to look. -
Jim Loper already knew many
of the trustees, not only as the
A TIMES' INVESTIGATION
attorney for the local firefighters
union but also from representing
employees who applied to the
board for disability pensions.
When several trustees sued the
city in 1977 over how much
Tampa should contribute to the
pension fund, they turned to Jim
Loper.
Eleven years later, the trustees
hired Loper as their oiTicial attor-
ney. His price: $100 an hour. He
beat out eight other lawyers,
some with comparable or cheaper
bids, after several trustees said
no one knew more about the in-
tricate workings of their fund
than Loper.
Since 1988, Loper has been
paid $846,800. He now charges
$150 an hour.
When the trustees considered
hiring a lobbyist last year t.o deal
with t.he Florida Legislature,
Loper, 47, told them that. wasn't
necessary - he said he could use
his personal ties to several law-
makers. He had gone to law
school in Tallahassee, worked as
a legislative aide, and knew state
Sen. John Grant, a Tampa Re-
publican. from church.
"Jim has a good working rap-
port with the local (legislative)
delegation," said Pennington, the
PENNINGTON:
Police Lt.
Robert
Pennington
doesn't
apologize for
the new
headquarters.
"We were a
multimillion
(dollar)
corporation
working out of
a rat-infested
shack. "
FOX: City tax
auditor and
trustee Sharon
Fox says the
board's
purchase of
land in North
Carolina was a
good deal. "I
don't see how
they can lose,"
she says.
board's chainnan. ~I-Ie knows a
lot of them. It was really cheaper
to do it that way."
In the past 3 1/2 years, Loper
has charged the pension board
for drafting several bills, making
at least 33 phone calls to legisla-
tive offices and writing 16 letters
to lawmakers.
Under state law, lobbying I.s
defined as trying to Influence
legislation "through oral or writ-
ten communication." The law
requires that anyone paid to
lobby, even part time, register
with the Legislature to preserve
the "integrity" of the lawmaking
process.
In a January interview with
the Times. Loper acknowledged
that some of his duties "are the
same things. . . that lobbyists
do." However, he said he never
registered as a lobbyist because
he didn't consider himself one.
He said last week that he stilI
doesn't. But state records show
that on March 20. two months
after a report.er first asked him
about the matter, he officially
registered as a lobbyist for the
Tampa firefighters and police
pension fund.
"I was going to Tallahassee" to
speak before a House committee
about pending legislation, Loper
said Friday. "Someone may con-
sider that lobbytng."
thing you know, someone's
cheating on the other."
Such talk makes other trust-
ees bristle. If they haven't done a
good job. they ask, why do
Tampa's police and firefighters
have the second-richest munici-
pal retirement fund in Florida,
exceeded only by MiamI's?
Pennington, the pension
board's longest-Sitting trustee,
said he sees no reason not to
reward those who have worked
for the fund if he is satisfied with
their work and prices.
Sure, he has come to know
some of them well after 18 years.
But. "doesn't everyone in busi-
ness do business with someone
they know or went to school wit.h
and trust and know to do a good
jobT Pennington said. "I'd raiher
pick a plumber I've known to be
a good plumber for 25 years
than pick someone out of the
phone book.
The bottom line is they're do-
ing a good job. . . . This is not
Billy Bob and friends," the chair-
man said. "This fund is making
money." ~
@Copyright 1996, St. Petersburg Times.
AU rights reserved.
I
BOWEN: The
board's
investment
counselor
Harold Bowen
set up the land
deal in North
Carolina with a
real estate
developer he
has known
since their
college days.
'Doesn't
everyone?'
Wright, the fire captain and
former trustee. used to jokingly
refer to himself as "the Ralph
Nader of the pension board."
In his six years on the board.
Wright said. he often found him-
self alone in wanting public bids
to see who offered the lowest
price or best proposal. He said he
didn't like to simply reward those
with longstanding ties to the pen-
sian fund.
"It's just the way you do busi-
ness to keep tbem honest."
Wright said. "My god, people get
married and fall in love with
people, and they staI1. taking
each other for granted. Next
I
JAMES
LOPER: The
pension board's
attorney has
been paid more
than $840,000
in the past
seven years.
FLORIDA LEAGUE OF CITIES
TO SERVE & COLLECT
BY KATHERINE SHAVER
Times Staff Writer
. Several Tampa police officers are collecting disability
pensions but still work for the Police Department.
Golf, a job - and
disability pay
W TAMPA
hen Officer James
Lucas slipped and fell while in-
vestigating a burglary in 1989,
he hurt hIs back so badly, he
said, he was left totally and per-
manently dIsabled.
Tampa's pension board dis-
agreed 'lNith Lucas and two doc-
tors. Instead it believed a third
doctor who found no medical
proof of Lucas' injury. Lucas
took his case to court and per-
suaded ajudge he deserved to
retire due to his "tremendous
back pain" and "restriction of
physical acU\oity."
Today, Lucas is back at work
at the Tampa Police Department
- and sUB collecting his
$28,000-a-year disability pen-
sion.
He's also back on the police
golf circuit. Though Lucas says
he still takes pain pills, a bad
back didn't stop him from win-
ning second place In last year's
local Pollee Benevolent Associa-
tion tournament. Nor did it keep
SWOPE:
Trustee
says
double.
dippers are
perceived to
be "taking
advantage
of the
system."
him from a second-place finish
in the 1994 state Police Olym-
pics.
With his new deskjob and his
tax-free disability pension, Lucas
now makes $47,600 a year.
That's $10,000 more than he
made as a street officer.
How can someone collect a
city pension for being totally
disabled and, at the same time,
earn a cIty salary for continuing
to work? Easily.
Critics call it "double dipping."
It's forbidden in several Florida
cities because of the financial
drain it can put on a city's pen-
sion fund. With Tampa police,
however. it's not only allowed.
It's encouraged.
"If that was the rule here at
the time, I wouldn't have come
back," said Lucas, 51. "I would
have found a Job somewhere
else. But after 21 1/2 years (as a
police officer), I don't feel I'm
double dipping. I did my time."
Tampa police SgL John Swope
and other t.rustees of the city's
firefighters and police pension
fund say officers hurt in the line
of duty should be allowed to
work second, less physically
demanding jobs in the police
department.
Still, Swope said, "The percep-
tion is they're taking advantage
of the system."
In private business. injured
employees find their benefits
reduced, and often cut off. when
they get other jobs. Insurance
companies reason that they are
physically able to work and no
gUALIlY CITIES -__MAY 1996
21
longer in need of financial sup-
port.
Faced with the mounting costs
of disabilities, the state of Florida
and cities including St. Peters-
burg and Clearwater have curbed
expenses by forbidding paid re-
tirements for injured employees
who can do other state or city
jobs.
"I think the whole phllosophy
is to reduce the probability of
disabilities by not making'it so
attractive," said Mike Laursen,
Cleanvater's human resources
director.
In Tampa, though. 11 fonner
police ofllcers are each collecting
a city disability pension and a
city salary. Thev fall UJ1der a sYS-
tem that has evolved into one of
the most liberal in the state.
Those who support double
dipping cite the case of Dennis
Duggan, who gave up hopes of
becoming a narcotics detective
seven years ago after a Jeep hit
his police motorcycle.
Duggan's lower left leg was
amputated. Though he got a dis-
ability pension, he said it
wouldn't have been enough to
payoff his house and save for his
son's college education. So he
returned to work at the Tampa
Police Department.
"That's what J knew," Duggan
said. "It was home." - ,
Duggan now collects $27,000 a I
year tax-free from his dlsabillty I
pension and $24,800 a year fo-r i
running errands and overseeing I
the maintenance of the narcotics I
detectives' cars. Total: $51,800, i
or almost $20.000 more than he
made as an oflker. And he col-
lected another $93,600 in work-
ers' compensation benefits.
Times photo-DAN MCDUFFIE
JAMES LUCAS, Tampa police:
With disability pension benefits and
salary. he now makes $47,600 a
year
Photo AP
CONNECTIONS: Mike Hendren, a
real estate developer an friend of
Harold Bowen, the pension fund's
investment counselor, tours the
office park. He has made at least
$1 A-million from the property.
StilL "it's a humbling experi-
enee," said Duggan, 38. "Before I
felt like I was going up the lad-
der. Then you're holding the lad-
der for people who climb by you. .
. . If I go to any other police de-
partment, it's not double dipping.
Why should I be penalized be-
cause I got hurt on the job?"
Like Duggan, Tampa police
who can't perform full street-
patrol duUes - such as \\Testling
an unnlly suspect or sitting in a
police car on a 12-hour shift -
are considered disabled.
It doesn't matter if an officer is
capable of doing other pollee
work, such as interviewing vic-
tims. The officer is fired after a
doctor detemlines he can never
return to street patrol. The ol1ker
then can apply for a disability
pension that could pay him 65
percent of his salary, tax-free. for
the rest of his life. He can also
apply for a police desk job.
City officials say double dip-
ping is good business.
It might sound cruel to lire
injured officers. but it's too ex-
pensive and unfair to the public
to keep highly paid police off the
st.reet and behind desks, said
Kirby Rainsberger, the Police
Department's attorney.
In rehiring t.he offker for a
civilian job, such as giving lie-
detector tests. the city pays him
perhaps half the salary of a vet-
eran patrol officer. The city then
turns around and hires a rookie
at a cheaper salary to fill [he vet-
eran officer's street slot.
Rainsberger insists the deci-
sions have more to do with mall-
power than money. "We welcome
police offkers (on disability pen-
sions) ,..1th open arms" for civil-
ian jobs, Rainsberger said. "They
have experience and training. We
know their employment history. I
think we've taken remarkable
advantage of those people when-
ever we can."
Whatever the motivation, few
object to the appealing results.
The Police Department keeps a
full force of healthy officers on
the street. The city saves money
on salaries. With ~l tax-free perl-
sion and an additional paycheck,
the injured officer now earns
more than ever.
Everyone benefits - except:
the pension fund, which bears a
new financial liability of up to
FLORIDA LEAGUE OF CITIES
22
TO SERVE & COLLECT
$1.2-million for each retired of-
flcer.
HWhat you have to be careful
\\-1th." said Swope. the police
sergeant and pension board
trustee. His the city using that as
a way to cut costs."
Take the case of Mildred
Grant. She collects a $30.800-a-
year disability pension for an
injury to her right knee that she
suffered In a pollee training
class. After she was injured. but
before she was fired. Grant was
temporarily assigned to light
duty taking assault reports by
phone.
After getting her disability
pension, Grant returned to the
assaults desk. But the cltv nmv
pays her $21.650 a year. Instead
of her $44.500 officer's salary.
Grant, 41. did not respond to
requests for comment.
They were triple
dipping
The police, firefighters and ctty
officials who drafted Tampa's
pension contract 26 years ago
didn.t intend for anyone to collect
both a disability pension and city
salary, according to tape record-
ings of their meetings.
To be sure, a consultant
warned that the new contract
was "opening the door" to esca-
lating disablUty costs by making
the definition of disabilitv so lib-
eral. To keep costs dO\l\.'Tl: the
consultant said. trustees might
want to reduce disabllity benefits
for people who could take other
city jobs.
The trustees. however. dis-
missed the wanIing and left out
a double-dipping prohibition.
One trustee called the issue Hir-
relevanC because it already was
forbidden by city rules.
But seven years later. the is-
sue resurfaced. Rules changed.
History was forgotten.
A retired firefighter who re-
turned to work for tlIe city hired
a lawyer to argue that the pen-
sion board owed him benefits
n,;thheld after he took his new
city job.
THE REPORTERS
Brad Goldstein. 34, graduated from Univer-
sity of Massachusetts. Amherst. in 1985 with a
degree in Spanish literature. He joined the Times
as the computer-assisted reporting editor after
completing a 1995 Nieman fellowship at Harvard
University. He pre\oiously worked at the Lawrence
Eagle-Tribune. Boston Magazine and the
Middlesex News.
Katherine Shaver, 26.
graduated from Princeton
University in 1991 with a
major in political science. She has covered police
and fire departments in Hillsborough and Pasco
coun ties since joining the Times in 1993. Pre\oi-
ously. she covered Congress for States News Ser-
vice in Washington, D.C,
Thomas C. Tobin, 37.
graduated in 1981 from St.
Louis Universiiy. where he
majored in English and political journalism. Be-
fore joining the Times in 1988, he was a reporter
for the Tampa Tribune. the St Louis Globe.Demo-
crat and the Belleville (Ill.) News-Democrat. He
has covered the city of Clearwater since 1994.
Also contributing to this project were re-
searchers Kitty Bennett and Barbara HiJck and
computer-assisted reporting specialist Connie
Humburg, The project was designed by Gage
Church and edited by Deputy Managing Editor
Susan Taylor Martin.
Then former police Chief Rob-
ert Smith. who had taken a
regular retirement after 20
years. was appointed the city's
public safety administrator in
1985. This time lawyers weren't
necessary. 'Ibe city simply
changed its rules to let Smith
and o"ther retired police and
firefighters take other city jobs.
Meanwhile. the pension con-
tract still had no ban on paying
retirement benefits to those
earning a second city income.
Smith's hiring sparked contro-
versy - and drew pollee and
firefighters' attention.
-rhat opened the door," said
Carlos Llerandi. a Tampa fire
inspector and pension board
trustee. "People said. 'Jf he
(Smith) can do it. so can L' "
Word spread -. and for good
reason. In addition to collecting
66 percent of his salary from "
workers' compensation for a
limited period. an employee
could get 65 percent of his salary
from his disability pension. The
result: A disabled employee
could make more than his origI-
nal salary, tax-free, ,..ithout
working. Or he could return to
another city Job for a third
source of Income.
Steve Barbas, a Tampa lawyer
and part-time assistant city at-
torney, said he grew frustrated
as the number of disability cases
soared.
"'Ibere was absolutelv no in-
centive to go back to work and
every incentive to bow out of
work," he said. .....111at didn't
make any sense. They weren't
only double dipping, they were
tripJe dippIng."
OCopyright1996. Sf. Petersburg Times.
All rights reserved.
QUALITY 9TIE:S - MAY 1996
23
A TIMES' INVESTIGATION
. Nine trustees have spent $42,000 on air
fare, hotel rooms, meals and rental cars in
the past three years.
W TAMPA
atching over Tampa's
$636-milJion firefighters and
police pension fund often means
slogging through stacks of finan-
cial report.s and making tough
decisions about colleagues' re-
tirements.
The Job of a pension fund
trustee doesn't pay. But It does
have its perks.
In the past three years, the
pension fund has picked up the
tab for at least 53 trips. Using
their personal pension board
credit cards, the nine trustees
spent at least $42.000 on air
fare, rental cars, dining, hotel
rooms and other expenses, ac-
cording to travel records.
Destinations included Las
Vegas, Palm Springs, Calif.. and
Key West. Credit card charges
ranged from $ I 75-per-night
rooms in Washington, D.C.'s
Grand Hotel to a $320 rental of a
town car with baby seat.
It's all part of doing business,
trustees say. Travel usually
means going to educational
seminars, many of which happen
to be held at five-star hotels and
first .class beach and golf resorts.
Trustees also made a total of 15
trips to see the pension fund's
l,650-acre Industrial park in
North Carolina.
"We encourage people to edu-
cate themselves," said David
Keene, Tampa's assistant fire
chief who served 14 years as a
trustee.
During his last three years on
the board, Keene took eight trips
for which receipts are available.
He said he also spent five days
in a Palm Springs spa for a semi-
nar about retirement benefits
and flew to Vancouver, BrlUsh
Columbia. for a conference on
Improving communication skills.
Keene noted that conference
locations are decided by confer-
ence planners, not the trustees.
~No one is going to hold a semi-
nar in the middle of the desert In
a small town with a cold drink
machine and a gas station," he
said.
But when asked about the
board's travel, Tampa police Lt.
Robert Pennington, the current
chairman, said he plans to sug-
gest a new rule limiting each
trustee to two conferences a
year.
~You're subject to being criti-
cized," said Pennington. who has
taken nine trips in the past three
years at a total cost of at least
$9,800. "People see them as jun-
kets."
It's not all wining and dining,
trustees say. Before the golf
toumaments and wine-and-
cheese receptions, days are
scheduled with classes on such
topics as "Tactical Asset Alloca-
tion" and "What To Do If the IRS
Audits Your Plan."
"Sitting all day in a seminar is
not my way of deSCribing a jun-
ket." said Tampa fire Capt. Kurt
Edwards, a trustee who has at-
tended five conferences In
Florida and two at resorts in Las
Vegas and Tucson, Ariz.. in the
past two years,
But Edwards also attended a
conference at the Sonesta Beach
Resort in Key Biscayne two years
BY KATHERINE SHAVER
Times Staff Writer
in a row. The seminars focused
on investing in international
markets, even though Tampa's
pension fund is prohibited from
doing so by state law.
"I wanted to get some Informa-
tion and educate myself."
Edwards said, "so in case the
legislation (to 11ft. the ban)
passed, we'd have some informa-
tion on emerging markets."
When a conference brochure
arrives in the mail, Tampa's pen-
sion board almost always votes
unanimously to pay for any
trustee who wants to go. Other
public retirement funds in
Florida I1mit trustees to one out-
of-state and one in-state confer-
ence each year "to keep people
from going all over the place,"
said Ray Edmondson, a retired
Fort Lauderdale police officer
who now works for the Florida
Public Pension Trustees Associa-
tion in Tallahassee.
Still. Edmondson says, the
conferences can be valuable.
~lt's a whole new language, a
whole new Industry," he said.
"What is a bond? What is a
stock? This is the type of talk
that Investment people lise, and
you're a policeman or fireman
and you don't know what the
hell they're talking about. You
have to get educated." ~
@Copyright 1996, St. Petersburg Times.
All rights reserved,
i Trustees enjoy travel perks
FLORIDA LEAGUE OF CITIES
24
TO SERVE & COLLECT
TUESDAY, APRIL 2,1996
LAST IN A SERIES.
Sick of the boss?
Retire on disability
BY THOMAS C, TOBIN
Times Staff Writer
. For some police officers, a disability pension can solve
an unpleasant problem at work.
Imagine that you< Job Inn"
sour.
You've been reprimanded
more than once. You don't get
along with your bosses. Depres-
sion sets in.
If you're like most people in
the American workforce. there
are two realistic options: Tough
it out and try to mend your ca-
reer, or change jobs.
There Is a third way out, but
only if you work in a system that
sometJmes rewards problem em-
ployees \\1lh disablJity pensions
at taxpayers' and colleagues'
expense. Such a system flour-
ishes in some of Tampa Bay's
largest cities.
Depending on the city, the
pension can range from 60 to 75
percent of the employee's salary
tax-free. And that doesn't In-
clude thousands of dollars in
workers' compensation benefits
that can come ~ith such claims.
Usually the recipient Is a po-
lice officer.
Some examples:
. Clearwater police Sgt. Jo-
seph R. De Santis. fired for using
excessive force. won his job back
after a four-year legal battle. But
he returned to work feeling os-
tracized by other officers and
bitter about his fight for rein-
statement and back pay.
Two psychiatrists and a psy-
chologist said De Santis was
depressed and unfit for police
work. The pension board con-
cluded his job caused the de-
pression and granted him a life-
time disability pension at age 41.
. James N. Grocholski. ac-
cording to records. showed signs
of ~depression and nervousness"
before he was hired as a St. Pe-
tersburg police officer. StilI. the
pension board decided nine
years later that his city job
caused a mental disability and
gave him, at age 33. a pension,
One psychiatrist said Grochol-
ski was pot.entially dangerous
and couldn't function in another
city job. Another said he was not
depressed at all and "Is some-
what committed t6 wanting to
get out on a retirement."
. John E, Bruschi, a Kg po-
lice officer in Tampa, was given a
stinging job evaluation. A lieu-
tenant called him uncooperative.
antagonistic. tactless and In
need of constant supervision.
One day Bruschi left his .38 cali-
ber revolver and K9 equipment
on his front lawn. called the de-
partment to pick them up and
left his house.
A supervisor noted that a
child or a criminal could have
taken the gun, leaving the city
liable, Bruschi was told to see a
profeSSional for stress and per-
sonal problems and to complete a
course on "attitude development."
In the following months he was
diagnosed with headaches and
depresSion caused by stress. Two
and a half years later. on his sec-
ond try. Bruschi got a disability
pension at age 32.
Doctors said his bad evalua-
tion was the cause of his disabil-
Ity.
'At some point it
can build up'
In Tampa and SL Petersburg. I
Clearwater and Largo, the stories I'
appear similar.
An employee with a checkered
work history comes before a pcn- ,
sion board with a lawyer, psychi-
atIic evaluations, the backing of i
a union and t.he protection of a I
civil ser\1ce system that can stall I
or revoke a firing. i
Pension boards, often domi- )1
natcd by union members, do
some squirming but ultimately I
decide the employee Is disabled
because of job-related mental II
stress.
The business of analyzing i
someonc's psyche and motives is I
fraught with doubt and subjectiv- I
ity.
Is the person before the pen-
sion board a faker who is crying
JAMES GROCHOLSKI:
One doctor said the St.
Petersburg officer could be
dangerous. Another said
he just wanted to get out
of his job.
QUALITY c:.!!IES -- MAY 1996
25
A TIMES' INVESTIGATION
~victlm" and can't t~-lce up to his
own faults? Or Is It someone who
was truly harmed while doing a
thankless and dangerous job for
the public?
Few would question that po-
lice work and other emergency
service Jobs can cause stress and
lead to psychological problems.
But not everyone agrees it
should lead to a pension.
~If you ore going to drive fire
trucks or police cars, you expect
vou'lI be in bad accidents or
have to use your gun or run into
a buming building," said David
Keene, Tampa's assistant fire
chief and a former pension board
trustee.
"These are the things you're
paid for and trained for. . . . I
have a hard time understanding
how someone can claim post-
traumatic stress disorder from
doing a job they were hired to
do."
Others see a clear need for
psychological disability pen-
sions. Murder victims, battered
children, dead babies - han-
dling such cases can take a cu-
mulative toll, said Tampa police
Sgt. John Swope, a Tampa pen-
sion board trustee.
~You get officers who see a
lifetime of that and at some point
it can build up," he said.
But in several cases examined
by the Times, officers said their
mental problems came not from
trauma suffered on the street
but from in-house troubles with
their supervisors.
Consider the case of De
SanUs, the Clearwater police
sergeant who was fired in 1985
for several alleged cases of exces-
sive force. In one instance it was
alleged he stuck his revolver in a
suspect's mouth. In another, he
was acclIsed of pointing his gun
at an unarmed suspect.
De Santis was cleared in all
bu t one case and got his job
back. But in 1989, suffering
from depression, he applied for a
disability pension,
According to a psychologist.
De San tis linked his mental state
to "his battle over the last five
years to clear his name. be rein-
stated in the department and
resume his career."
De Santis. who was given a
desk job, also told the psycholo-
gist he didn't think he could ever
draw his gun in self-defense for
fear of "making a mistake and
them jumping on me."
No one doubted that De Santts
was emotionally depressed. But
there was considerable debate
over what caused it.
According to minutes of his
pension case from 1990, one pen-
sion b0<'1rd member felt De Santis'
problems were "self-initiated" and
"not necessarily brought on by
thejob." Another accused De
Santis of staging his disability
and said he felt De Santis was
"robbing my pension."
But despite those harsh words,
both board members eventually
concluded that the disability was
job-related.
The pension board voted 3-0
to approve De Santis' pension,
which amounts to nearly $30,000
a year, tax-free. He also received
a lump sum payment of more
than $24,000 from a police
supplemental pension financed
by a tax on car insurance premi-
ums in Clearwater.
''I'm real comfortable the guy
got a pension," said Cleaf\lIfater
lawyer Lou KwalI. who repr:e-
sented De Santis.
Kwall said the complaint that
remained on De Santls' record
warranted only a five-day sus-
pension. Then, when he returned
to work. he was not allowed to
carry a gun, was made to wear a
rookie's uniform, given a desk job
and never received back pay,
Kwall said.
"This is a little different than
just being treated shabbily," he
said. "This is more than just one
or two days. We're talking about
years. . . . His whole psyche was
devastated by these allegations."
Before the complaints, Kwall
said, De San tis had a good
record, "and then they destroyed
him."
The decision by the pension
board could have gone either
way.
-"Unfortunately," a lawyer for
the city said later, "one legitimate
JOSEPH DE SANTIS: The
Clearwater police sergeant
was accused of using
excessive force, then fired. He
was cleared of most of the
charges, but the damage was
done,
reading of the experts' reports is
that the current mental state of
Mr. De Santis came about as 11
result of on-the~job acthdties."
Super cop or
victim?
The waming was loud and
clear.
A city memo from Deputy
Chief George Salkeld in April
1975 signaled that James N.
Grocholski, a police applicant in
St. Petersburg. cou.ld be a bad
hire.
"Grocholski's nervousness
and depression have already
resulted in one ulcer and pro-
longed medication," the memo
read.
It said Grocholski. then 24,
had been turned down by the
military. It predicted he would
retire \Ivithin a few years. It esti-
mated he would cost the city an
extra $250,000 and it recom-
mended Ulat he not be hired.
Nevertheless. Grocholski was
hired less than three weeks
la ter.
His career started well. A high
IQ and a fearless attitude made
him one of the top recruits in his
police academy class and. once
on tJle streets. he eamed the
nickname "super cop."
Before long, however, Gro-
cholski started collecting battle
wounds. The first was a frac-
t.ured eye socket and cheek
bone. Grocholskl was trying to
break up a fight when a specta-
tor threw a piece of concrete at
his face.
Later, he dislocated his shoul-
der, bruised his ribs. bruised a
knee and strained his lower
FLORIDA LEAGUE OF' CITIES
26
back. By 1981. Grocholski was
complaining of constant pain in
his neck. shoulder and back. He
was placed on light-duty jobs
but, according to one psycho-
logist's report. complained It was
"menial. gofer work."
Under St. Pet.ersburg employ-
ment rules. he could continue
working light-duty assignment.s
in the Police Department. trans-
fer t.o a civilian job \\1th the city
or quit.
Grocholsld chose a fourth and
more lucrative option. He applied
for a disability retirement, saying
he was depressed about his job.
One psychologist's evaluation
descIibed him as "moderat.ely
depressed" and concluded: "The
patient feels bitter. seeing himself
as a victim. mistreated and feel-
ing trapped in his current sit.ua-
tion."
At his 1982 hearing before the
pension board. a doctor hired by
Grocholski's attorney said It was
possible Grocholski could harm
himself or others If he continued
to work In any capacity for the
city.
The doctor also said
Grocholski might even attack
members of the pension board if
they denied his retirement.
A psychlatIist hired by the city
concluded that Grocholsld was
not dangerous. could do other
Jobs for the city and seemed bent
on getting a pension.
The pens.ion board den.ied
Grocholski's l-equest, but granted
a rehearing 19 months later. An-
other psychiatr.ist testified that
since Grocholski had threatened
supervisors in the Police Depart-
ment, he might be expected to do
the same in another city job.
He also said Grocholski's prob-
lems stemmed from his physical
injuries. But there was doubt
about those as well.
The staff at a vocational reha-
biIitaUon center said Grocholski
complained about pain in inter-
"iews. But they also saw him do
push-ups and sit-ups and ride
his motorcycle with no problem.
In 1984, the pension board
voted 3-2 to give Grocholski his
pension. which comes to $ 10,777
a year.
TO SERVE & COLLECT
In an Inten-1ew. Grocholski
said he was forced out of the
department by supervisors who
dldn't.llke him and thought he
was exaggerating his physical
injuries.
Grocholski believes he sacri-
ficed his body for the Pollce De-
partment. "They get rid of you if
you don't fit their mold." he said.
He said he would have pre-
ferred a retirement based on his
physical injuries. but said the
city pushed the psychological
aspects of his case.
Records show. however, that
Grocholski's attomey concen-
t.rated on those aspects as well
in arguing for the pension.
Now \\<1th a Wisconsin radio
station, Grocholsld. who has
changed his name. says he was
bitter about leaving but has good
memories of h.is career.
"r was a damn good cop." he
said. "I enjoyed it...
'Homicidal and
suicidal'
Bruschi, the young Tampa
police officer who left his gun on
the lawn, also kept appearing
before the pension board until
he succeeded.
Shortly after receiving a poor
evaluation in 1985. Bruschi
wenl on medical leave complain-
ing of headaches and depres-
sion.
The following year Bruschi
tried to convince the pension
board that his symptoms were
disabling and caused by his job.
Just a month earlier. however,
he had n~ce1ved a good evalua-
tion that said his work had im-
proved and his symptoms were
subsiding,
Pension board members con-
cluded that Bruschi's symptoms
were due to "interpersonal" prob-
lems of his o\...-n making. They
denied his request.
In 1987. while working on
light duty. he got another good
evaluation.
But that was followed by a
letter from the police chief. ft
said Bruschi's light-duty job
would expire in a couple of
QUALITY CITIES - !'vIAl' 1996
27
months and it laid out his op-
tIons: get well fast and return to
full duty; go on unpaid leave; or
apply for a disability pension.
Bruschi chose the latter.
This time, the pension board
was more understanding and the
doctors more \-1\,id. According to
pension board minutes, a panel
of doctors that included two psy-
chiatrists and a psychologist
said Bruschi "has homicidal and
suicidal tendencies and the ca-
pacily for both Impulsive vio-
lence and organized violence. ,.
They blamed all this on "the
job-related activity of his nega-
tive pertormance evaluation and
the repercussions aris.ing from
iL"
Bruschi got a pension now
worth $26.238 a year.
In an interview. he agreed that
his bad evaluation \vas what led
to his pension.
Bruschi said it started when
he complained about two fellow
employees who were shirldng
their duties. When that backfired
on h1m, he said. "I became hard
to work \\1lh" and the depart-
ment began efforts to force him
out.
He said he thought about
quitting but said his wife pushed
for the disability pension and
handled the details of applying
for it.
Even so, he puts the onus on
the department: "They're the
ones who gave me a pension lor
the rest of my life. Not me."
Bruschi said he misses police
work and would "go back today"
if the city would let him. The
pension could have been pre-
vented, he sa1d. if top-ranking
officers had mediated his dis-
putes with supen-isors.
"There were a lot of things
they d.id wrong and there were a
lot of things r d.id \"Tong," he
said. "The easiest thing to do
was to let me go:'
Todav. Bmschi works in an.
other jo"b that isn't exactly
stress-free. He's a repo man in
Hillsborough County.
OCopyright1996. 51. Petersburg Times.
All rights reserved.
Times photo RICARDO FERRO
Former Clearwater pOlice Capt. Barry Glover and his wife bought this house in north Pinellas County for $212,000 in 1992,
the year he retired with an annual dispension of $37,174. He now is an associate professor of criminology at Saint Leo
College.
Reprimand, then depression
In 1991, as a Wgh1y cated cap~
tain with 22 years at the Clear-
water Police Department. Barl}'
Glover was severely reprimanded
by Chief Sid Klein when it was
leamed he had been using city
supplies and staff time to do his
second job as a college instruc-
tor. Klein said he was "appalled"
and said Glover had embarrased
the department.
Seven months later Glover
applied for a disability pension,
complaining of depression that
was aggravating his diabetes and
other ailments. According to a
psychiatrist, Glover "doesn't
trust the other co-workers, feels
that the job is ovenvhelming for
him and he cannot handle the
stress which he has faced."
The psychiatrist said Glover
suffered from headaches, crying
spells, passing thoughts of sui-
cide and sleep loss. Glover also
felt hopeless and worthless. the
BY THOMAS C. TOBIN
Times Staff Writer
psychiatrist said, but those feel-
ings disappeared when he wasn.t
working. Glover told doctors he
didn't want to leave his job but
one of them said. "He will be
dead in a short period of time" if
he doesn't.
In a recent interview with the
TImes, Glover said he had
wanted to apply for a longevity
pension. but his \Vife persuaded
him to seek a disability pension.
which typically is more lucrative.
Giover said he had been hav-
ing numerous health problems
related to stress that pre-dated
the reprimand, which he called a
minor incident.
As commander of the investi-
gations unit, he said. he also
handled several other responsi-
bilities. "1 just became obsessed
with tl}1ng to solve everyt.hing
that came across my desk. " -
Glover said. "I just woke up one
day and I was just going down
BARRY GLOVER-Clearwater
Police Department
"Ijust woke up one day
and [ was just going
down the tubes. ..
the tubes." He said he also won-
dered "if anybody really cared."
Today, Glover. 48. is an asso-
ciate professor of criminology at
Saint. Leo College and an adjunct
professor at the University of
South Florida. His annual pen-
sion is $37,174. He also received
a one-time payment of $68.211
from a supplemental pension
financed by car insurance premi-
ums in Clearwater.
According to records. Glover
and his wife own a Palm Harbor
home they bought for $212.000
in 1992. the year he retired. They
also OW11 a 1979 convertible MG
FWRlDA LEAGUE OF CITIES
28
TO SERVE & COLLECT
Officer
depressed by
'public ridicule'
BY THOMAS C. TOBIN
I Times Staff Writer
n 14 years as a St. Petersburg police officer. Linwood
Scott w<l.S reprimanded 14 times. The last time was in
January 1986. when an emergency room doctor confronted
him lor treating an Injured suspect too roughly. There was
a scuffle and Scott arrested the doctor. Scott's supervisors
suspended him and pemlanently assigned him to desk
work.
Three months later. Scott applied for a disability pension
citing severe depression brought on by his punishment and
by the "pubIlc ridicule and "complete emasculation" that
followed the highly publicized
LINWOOD SCOTT -St. incident. He complained of
Petersburg Police hea?aches, overwhelming
anxiety and other symptoms.
Department But between the time he
A psychiatrist said applied and the time of his
Scott shouldn't cany hearing, the basis for his
a gun but he holds a pension changed. When Scott
,. . ' went before the police pen-
state conceale~- sion board the follo\Ving year.
weapons pennlt. he blamed his problems on
the emotional toll of three
shootlngs - two of them fatal
- he had been involved In several years earlier.
The emergency room Incident became "the breaking
point," his lawyer argued.
In 1987. the board approved his pension. The city,
meanwhile, balked at paying Scott's psychiatrist blIIs, say-
Ing he was merely upset about his job transfer. One psy-
chiatrist said Scott shouldn't have a gun. but Scott said he
"carries his weapon. . . at all Urnes. on and off duty."
Today, Scott, 45, has a state concealed-weapons permit.
work", as a commercial fisherman and receives an annual
pension of $13.750. He did not respond to a certified letter
seeking comment.
@Copyright 1996, Sf. Petersburg Times. All rights reserved.
Reprimand continued
and a 12-cylinder ,Jaguar XJS in addition to a 1985 Honda
Accord and a 1994 Honda motorcycle.
The disability pension "was there and it was set up for
that purpose," Glover said. "I don't feel guilty at all about
gOing out. . . . I really wish I was stiU there but it was just
one of those things that couldn't be helped."
@Copyright 1996, Sf. Petersburg Times. All rights reserved.
Case set
trend for
pensions
BY THOMAS C. TOBIN
Times Staff Writer
The case of Montv Krysko threw Clear-
water for a loop. It \vas the first time someone
tried to retire on a psychological disability.
and some otllcials didn't think a lifetime pen-
sion was the right solution. The case also led
to a 1985 court ruling that took away the
City Commission's power to deny pensions
and gave the final say to a union-dominated
pension board.
In 1983. Krysko complained of depression
caused by an
accumulation
of events dur-
ing a career
that began in
1968. There
was lingering
guilt from a
1977 shoot-
out and from
the time he
accidentally
ran over and killed a man sleeping on an
embankment.
Krysko told doctors he also was haunted
by his investigatlons of a baby's drowning
and by an auto accident with three deaths.
Two doctors said he was permanently dis-
abled and should be hospitalized.
Krysko's record included numerous re-
ports of odd behavior such as prowling, bit.-
ing fellow otllcers and playing Russian rou-
lette With his service revolver. TIle pension I
board approved his disability retirement but
the City Commission concluded his problems
wercn'tjob-related and awarded a less lucra- I
tive disability pension. The city lost the rc- i
sulting court fight. I
Krysko, 55, became an over-the-road truck :
drfver, according to city records. He receives I
$15,885 a yt~ar in disability benefits and got, i.1
a deferred annuity for an unspecified amount
financed by car insurance premiums in ,
Clearwater. He did not respond to requests I.
for com men t.
MONTY KRYSKO-
Clearwater Police Department
His record included
reports of biting other
ojft.cers and playing
Russion roulette with
his revolver.
@Copyright 1996, 51. Petersburg Times. All rights
reserved.
QUALllY CITIES - MAY 1996
29
Crash led to psychological
pension
N;ne yea" ago. Martha
Funkhouser's police cruiser was
struck from behind and ca-
reened into a canal. She was left
hanging upside down by her seat
belt.
Funkhouser, 36, was taken to
Largo Medical Center where she
was treated for bruises to her
hips and shoulder. That night
she Joined her fiance and two
sisters for dinner. according to a
deposition she later gave as part
of a lawsuit against the other
driver.
Four days after the accident,
Funkhouser complained of back
and neck pain. After tw-o doctors
recommended by the city failed
to relieve her pain to her satis-
faction, Funkhouser chose a
chiropractor. Her back and neck
pain evolved into a psychological
A TIMES' INVESTIGATION
BY BRAD GOLDSTEIN
Times StaN Writer
Times tiles (1987)
STEVE HASEL
Firefighters work
to free Largo
police Officer
Martha
Funkhouser, who
was trapped
upside down for
half an hour.
Funkhouser says
the injuries she
received in the
1987 accident led
to what
psychiatrists
called post-
traumatic stress
syndrome.
MARATHA FUNKHOUSER, Largo Police Department
"[ became real nasty. And I was afraid that [was going to
be fired because [ would be mde to one too many people. ..
problem, she said in her deposi-
tion.
I became a royal bitch be-
cause I didn't feel good. - she
said. '" became real nasty. And I
was afraid that I was going to be
fired because I would be nlde to
olle too many people or some-
thing. "
Four psychiatrists agreed
Funkhouser suffered from post-
traumatic stress syndrome and
could no longer work as a police
officer. In 1990. the Largo Fire
and Police Pension board
granted her the first psychologi-
cal disability pension ever re-
ceived by a Largo firefighter or
police offker.
Funkhouser gets $ 13.503
annually. She also collected
$31.49 I in ta'(-[ree workers'
compensation benefits and an-
other $45,576 from an insurance
settlement related to her acci-
dent.
Funkhouser did not respond
to a certified letter seeking com-
ment.
@Copyright 1996. S1. Petersburg Times.
All rights reserved.
FLORIDA LEAGUE OF CITIES
30
. A resistance to
change and the
desire of unions
not to give up
any current
ben~flts stand in
the way offixing
some of the most
blatant problems
with the pension
system. But
change is still
possible.
TO SERVE & COLLECT
BY THOMAS C. TOBIN
Times Staff Writer
The rou;-alann fj<e al
Tampa General Hospital found
Steve Skinner In a room so thick
~ith smoke he could barely see.
While he was working near a
window, a pile of smoldering
debris collapsed under his feet.
"Out I went," said Skinner, a
veteran firefighter who was wear-
Ing full gear and an air tank. He
landed on a hospital roof three
floors below, a fall that broke
several bones in his shoulder,
caused a concussion, cut his
face and left him severely
bruised and swollen.
''The whole right side of my
body was three times (the size) it
normally is," he said.
After six months of rehabilita-
tion in I 994, Skinner was fight-
ing fires again. Today, he wo'rks
with a rod in his upper arm and
pins in his shoulder. He also
works \'I<ith pain but said It's
"not.hing that can't be tolerated."
Skinner easily might have
qualified lor a disability pension
that. would pay him most of his
firefighter's salary for life while
he doubled his money by pursu-
ing another career.
But disability pensions are a
last resort and a benefit that
shouldn't. be abused, he said. "I
never really considered it as an
option."
To others in public-safety ca-
reers, however. a disability pen-
sion is a ticket to an earlier.
more comfortable retirement and
a perk to be used at the first
indication of pain.
Skinner's case and others like
it are striking because they show
how widely attitudes can vary.
They help make the point that
any pension plan, no matter how
faithfully monitored, is only as
solid as the work ethic of its
members.
Compare Slanner's story to
those of some of his peers, now
retired on disability pensions:
. The Clearwater police re- I
cruit who injured the web be-
tween her forefinger and t.humb
while pmch,jog at the fj,'og ,
range. thl en later said it caused,. Ii
other ai ments that made her
unable to handle a desk job.
. The St. Petersburg fire-
fighter who said flling papers i
and using a copy machine aggra - I
vated soreness in his joints. ,.,.!.
. The three veteran Clear-
water police ofl'icers permanently I
disabled in minor mishaps. One
strained his shoulder while servo
ing as a pall bearer. One hit his
elbow on a met.aI door frame.
Another twist.ed a knee at his
desk.
. The St. Petersburg police
officer whose career-ending inju-
ries included back problems
from f~llling against computer
equipment and tVoice fal/ing out
of chairs. Once he reported a
blister from walking his beat.
"People used to look on inju-
ries as a weakness." said Da\id
Keene, Tampa's assistant fire
Change must overcome
poor work ethic, union
resistance
QUALllY CITIES - MAY 1996
31
A TIMES' INVESTIGATION
chief and a former pension board
trustee. -rhe attitude of the old-
timers was, 'I can hang in there,
I can take this:
"I hate to say 'macho,' but
maybe that's the word for it. It
was looked on as a defeat if you
left here with a disability." .
Blaming a declining work
ethic on generational differences
might bt' a stretch. Skinner is
evidence of that. At 27. he's
hardly an 'old-tJmer."
Ron Forbes, a former police
officer, police chief and city man-
ager in Pinellas Park, blames
police and firefighter unions. He
was a member ofthe city's pen-
sion board in the early 1970s,
when, he says, disabillty pen-
sions weren't the problem they
are now.
"One thing unions do is they
basically sit dO'wn and school
their membership in how to take
advantage of their benefits, in-
cluding (workers') compensation
and pension benefits," Forbes
said. -rhey help their members
work the system."
But part of the problem is that
elected officials agree to systems
that leave themselves wide open
to being "worked."
In Clearwater, city commis-
sioners, pension board members
and city managers complained
for years about a benefits plan
that acted as a magnet for dis-
ability pensions.
Until this year, the city offered
disabled retirees 75 percent of
their average salary for the previ-
ous five years - a generous pen-
sion by most standards.
Disabled pensioners also re-
I ceived an extra 15 percent for
each dependent chlld under 18.
1/ The tax-free pensions were
awarded by a three-member
panel of fellow employees, whiGh
I grew more powerful after a 1985
I court order took away the City
Commission's final say over pen-
I sions.
'I According to records dating
, back 20 years, the pension
board took little action to root
out possible fraud.
And, as in Largo and Tampa,
a disabled police officer or fire-
fighter couldn't be forced to take
a light-duty Job elsewhere in city
government.
With disability pensions start-
ing to spin out of control in the
1980s, Clearwater's pension
board suggest.ed annual physi-
cals to prevent fraud. But when
pensioners and the unions com-
plained, the board quickly
backed dO\\;TI and deemed the
Idea too problematic.
Despite the official hand-
~Tinglng, Clearwater took years
to correct. the problems, prima-
rily because any changes needed
approval from three unions and
city voters.
'Rule No.1:
Protect the
plan'
The solution came when the
unions ~finaIJy opened their eyes
to the potential abuses that had
occurred and stepped up to the
plate." said police Chief Sid
Klein.
Ed Hooper, a faroler union
official who recently was elected
to tbe Clearwater City Commis-
sion, had a hand in convincing
other union members that a
change was needed.
Of certain provisions in the
old plan, he said: "Maybe they
were a little too lucrative." Some
changes upset many union
members, but the new plan Is
fairer. he said. "Rule No. I is,
above all, protect the plan."
As of Jan, I, disability pen-
sions went from 75 percent of
pay to 66 2/3. The extra 15 per-
cent for dependents was
dropped. The pension board is
larger and more accountable to
the public, and would-be pen-
sioners can be forced to take
other city jobs if tbey arc able to
do them.
Regular pensions were im-
proved to encourage employees
to stay longer.
But the incentive is sUll there
for a disability retirement. For
example, a pollee officer with 20
years on the job at a salary of
$40.000 still will earn nearly
SID KLEIN:
The unions
"finally opened
their eyes to
potential
abuses,"
Clearwater's
police chief
says.
ROBERT
PENNINGTON:
The chairman
of the Tampa
pension board
says asking
unions to give
up any benefits
for their
members
"would be a
tough sell."
$400 more a month on disabil-
ity.
And, unlike regular pensions.
the disability pension is tax-free.
Clearwater also has a new
fraud-prevention provision that
allows pensioners to be called
back to work if their injuries
heal. The only problem: The 80
employees who got pensions
under the old system won't ever
be subject to recall. even if they
do heal.
For other cities, the solutions
to out-of-control pension plans
might also lie in their recall sys-
tems.
Times reporters found in-
stances in St. Petersburg, Tampa
and Largo where tips about dis-
ability pensioners working
physically demanding jobs never
were pursued.
Most cities detect fraud
through random tips and from
skimming routine forms filled
out by the pensioners. In Tampa.
for example, a city computer
picks 20 pensioners at random
each year to fill out such forms,
whicli mayor may not be com-
pleted truthfully.
FLORIDA LEAGUE OF CITIES
32
Officer saw discipline as
harassment
f: vea... John Welch was a
zealous enforcer of traffic and
parking laws in Clearwater. But
there was a downside. Welch
also was J.mown for being rude to
citizens. In October 1985, police
Chief Sid Klein took awav
Welch's summons book and said
he couldn't write any more tick-
et.s, citing Welch's "lack of judg-
mental ability."
WeIch became depressed and.
t.hree months later, spent about.
10 days in a psychiatric hospi-
tal. Five months later. he applied
for a disability pension. The pen-
sion board first said Welch's
problems weren't job-related but
agreed to reconsider. When Klein
brought to light Welch's disci-
plinary record, the city asked for
a full hearing. Instead, the pen-
sion board acted with the Infor-
TO SERVE & COLLECT
BY THOMAS C, TOBIN
Times Staff Writer
mation it had and awarded
Welch a full disability retirement
in 1988.
In a stern letter to the city
manager. Klein attempted to
head off the pension. He said
Welch's medical reports were
based on Welch's "perception he
had been harassed" by the city.
He also said Welch's record was
"marked by frequent altercations
with citizens and violation of
departmental policies and proce-
dures." When an officer Is ac-
cused of misconduct. Klein said.
"It Is not: harassment to Investi-
gate such claims."
In an interview. Welch, 61,
said he still takes medication t.o
treat depression that was
brought on by the city. "As far as
I was concerned, I was being
JOHN WELCH-Clearwater
Police Department
"As far as I was
concerned, I was being
abused by the people at
work. ..
abused by the people at work," he
said.
Welch. who works a minimum-
wage Job at a Clearwater Instru-
ment plant, receives a city pen-
sion of$17,712 a year. He also
got a onc- time payment: of
$23.148 from a supplemental
pension financed by car Insur-
ance premiums in Clearwater.
@Copyrlght 1996, St. Petersburg Times.
All rights reserved.
Change continued
Also in Tampa. offkials are pondering changes that would correct another problem. Right now, someone
who hurts a thumb gets the same disability benefits as the employee who loses a leg on the job.
One way to make the system fairer would be to a\\-"ard benefits based on the severity of the ir~jury. said
Tampa police Lt. Robert Pennington. chairman of the Tampa pension board and a irustee for 18 years. An
employee who injured a hand might get 10 percent of his salary while someone with complications from being
shot might get 70 percent.
But making any changes probably would prove an uphill battle. Pennington said.
Because Tampa police and firefighters sign their O\\ln contracts with the city when they are hired, anyex-
Isting contracts would have to be renegotiated individually - a task considered next to Impossible.
Any hope for change rests on rewriting the contract for all new hires. But.. even then, asking the police and
firefighter unions to give up any benefits for their members "would be a tough sell." Pennington said.
l<;ven if there were agreement, any changes t.o Tampa's contract would have to be approved by the legisla-
ture.
Lou Kwall, a veteran Clearwater lawyer, suggested one change that no one else mentioned: Why not staff
pension boards with medical professionals instead of employees?
In his only case before a pension board, Kwall secured a disabilIty pension for a Clearwater police sergeant
but noticed that there were few rules for presenting evidence and that the process appeared tainted by office
politics and board members who seemed unsure about technical medical testimony.
~How can we expect. these people to be able to judge medical situations?" Kwall said. 'They're not lm,;yers.
t.hey're not doctors. They're just people doing the best job they can. "
@Copyright 1996, St. Petersburg Times. All rights reserved.
QUAJ,rIY CITIES - MAY 1996
33