March 5, 2015 Minutes

At the regularly scheduled meeting of the Fire and Police Pension Fund held on the 5th day of March 2015, President Chris Willmore presided. The meeting was held at the Pension Office, 6009 John Douglass Drive, Chattanooga, TN 37421.

The meeting convened at 0910 hours with Directors Chris Willmore, Craig Joel, Phillip McClain, Mark Coffman, Kelly Simmons, Brent Goldberg and Less Lee. Attorney Bill Robinson was also present. Jerome Halbert joined the meeting at 0920 hours.

Motion by Brent Goldberg and seconded by Less Lee to approve the minutes from the February 19, 2015 meeting. Motion carried unanimously.

Attorney Robinson provided an update to the Board on the COLA lawsuit noting that the court has denied the plaintiffs’ motion for a preliminary injunction prohibiting the adjustment to the COLA taking effect for 2015. There has not been a ruling made yet on the Fund’s motion for summary judgment. Attorney Robinson discussed with the Board that he will begin examining the Pension legislation found within City Code for language that is necessary to obtain an IRS determination letter. He will make recommendations to the Board on any technical corrections that need to be made and stated that he will discuss with Frank Hamilton whether or not to reorder the Pension legislation so that the language flows smoothly. Attorney Robinson reminded the Board that any language needed for the IRS determination will not change the provisions of the Plan.

Motion by Craig Joel and seconded by Jerome Halbert to approve the following membership changes:

REMOVE FROM THE ROLLS:

    • Neida Mae Scudgins, surviving spouse and 50% J&S of retired Police Sergeant Jerry Scudgins, effective 02/28/2015, died 02/22/2015 (2-411)

 REFUND CONTRIBUTIONS:

    • Former Police Officer Scott A. Brinkman, terminated 01/07/2014, adjusted participation date of 09/30/2012 (2-413)

Motion carried unanimously.

The Board reviewed and discussed the bills.

The Board discussed what appears to be a new City policy and how it conflicts with Board policy on disability applications. It was noted that based on fitness for duty, two Firefighters are being required to use all personal leave and Family Medical Leave (FMLA) before being returned to work on Administrative Duty for 60 days while the Firefighters seek other employment within the City. One of the Firefighters has indicated a desire to apply for disability. The policy of returning Members to work for a period of 60 days currently conflicts with the Board’s policy regarding the acceptance of disability applications from Actively Working Members. The Board also discussed Fund’s potential exposure to an increase in disability claims due to the City’s application of Standard 1582 of the National Fire Protection Association (NFPA). Brent Goldberg suggested that the Board invite City HR employees Todd Dockery, Madeline Green, and Starla Benjamin to a future Board meeting to discuss these issues. President Willmore asked for the Directors to submit their questions to Frank Hamilton in order to compile a list for the HR employees to address at the future meeting.

Motion by Phillip McClain and seconded by Craig Joel to adjourn at 0947 hours. Motion carried unanimously.

Notes:
  • City Court Fees received for January 2015
  • The Regular Board Meeting for May 7, 2015 has been scheduled for 1400 hours.
  • The Annual Retirement/DROP class is scheduled for May 7, 2015 at 1800 hours.

Chris Willmore, President

Craig Joel, Secretary