Board Vacancies General Employees Pension Board March 8, 2016 Vacancies: 2 Total membership: 8 APPLICANT NAME Carol Himes, Incumbent *Michael Kokol, New Applicant Lewis F. Sarrica, Incumbent QUALIFICATION Employee Resident Resident Vacancies due to the term expirations of Carol Himes and Lewis Sarrica. *Mr. Kokol has also applied for the Police & Firefighters Pension Board. Year Appointed Current membership - 3 Year Terms Term Expires 2006 1. Lewis D. Duberman March 29, 2018 2006 2. Nicole Gasparri March 29, 2017 2010 3. Carol Himes March 29, 2016 1995 4. Lewis F. Sarrica March 29, 2016 2014 5. Ella Moore-Poitier Elected March 29, 2019 2014 6. JoLyn Avery Elected March 29, 2017 2012 7. Suzy Pearl Elected March 29, 2019 2006 8. Janice Vassell Elected March 29, 2018 Membership qualifications Members must be a resident of the City. However, pursuant to Code Section 2-51(2)(a), residency shall not be required for membership by any city employee.
ARTICLE III. GENERAL EMPLOYEES PENSION Sec. 12-87. - Administration. (1) The general administration and responsibility for the proper operation of the plan is hereby vested in a board of trustees consisting of 8 persons, as follows: (a) Four members, other than general employees to be appointed as hereinafter provided; and (b) Four members of the general employees group to be elected as hereinafter provided; at any time, one general employee trustee may commence participation in the Deferred Retirement Option Plan and continue service as a trustee, and such trustee shall be eligible to be reelected as a trustee during the Deferred Retirement Option Plan participation period, provided however, such trustee shall cease to serve (and shall be ineligible to be reelected) as a trustee upon termination of employment. (2) The term of office of each elected trustee shall be 3 years. The city council shall determine the term of office of each appointive trustee. (3) The appointive trustees shall be appointed by the city council. (4) The elective trustees shall be elected in the following manner: By per capita vote of all employees who are members of this plan at meetings to be held at places designated by the board, at which meetings of qualified active members entitled to vote shall be notified in person or by mail 10 days in advance of the meeting. The candidate receiving the highest number of votes for each office shall be declared elected and shall take office immediately upon commencement of the term of office for which elected or as soon thereafter as he shall qualify therefore. An election shall be held each year not more than 30 and not less than 10 days prior to the commencement of the terms for which trustees are to be elected in that year. The board of trustees shall meet, organize and elect 1 of its members as chairman and 1 member as vice-chairman within 10 days after trustees are elected and duly qualified. (5) If a vacancy occurs in the office of trustee, the vacancy shall be filled for the unexpired term in the manner as the office was previously filled. (6) The trustees shall serve without compensation, but they may be reimbursed from the expense fund for all necessary expenses which they may actually expend through services on the board. (7) Each trustee shall, within 10 days after his/her appointment or election, take an oath of office before the city clerk, that so far as it develops upon him he will diligently and honestly administer the affairs of the board, and that he will not knowingly violate or willingly permit to be violated any of the provisions of the law applicable to the plan. Such oath shall be subscribed to by the members making it and certified by the clerk and filed in his/her office. (8) Each trustee shall be entitled to 1 vote on the board. Six votes shall be necessary for a decision by the trustees at any meeting of the board. The chairman shall have the right to 1 vote only. (9) Subject to the limitations of this pension plan, the board of trustees shall from time to time establish uniform rules and regulations for the administration of the plan and for transaction of its business, including provisions for compulsory attendance of its members. (10)
The board of trustees shall by majority vote of its members appoint a secretary who may, but need not be, one of its members. It shall engage such actuarial and other services as shall be required to transact the business of the plan. The compensation of all persons engaged by the board of trustees and all other expenses of the board necessary for the operation of the plan shall be paid at such rates and in such amounts as the board of trustees shall approve. All funds shall be disbursed upon written authorization by the board of trustees. (11) Any trustee who neglects the duties of his/her office as determined by the board may be removed by a 6/8 vote of the board of trustees. (12) The board shall carry out the duties set forth in this pension plan in accordance with its terms. However, all decisions of the board, other than decisions concerning investments pursuant to section 12-88(5) and disability determinations pursuant to section 12-84(6), shall be subject to the review and reconsideration procedure set forth in subsection (13), below. (13) Review and reconsideration procedure: (a) The board shall cause to be prepared a written report of its decisions at each meeting. This report shall be delivered to the city manager within 10 days following each board meeting. Within 15 days following receipt of the report, the city manager shall review it, and notify the board, in writing, of any decision(s) which, in his/her judgment, warrant reconsideration by the board, together with a summary of the reason(s) reconsideration is warranted. All decisions of the board as to which the city manager does not submit a written notice of reconsideration within 15 days following his/her receipt of the meeting report shall be final. In addition, the city manager may advise the board, in writing, in less than 15 days of receipt of the report, of any decision(s) which in his/her judgment do not warrant reconsideration, in which case any decision so identified shall become final upon the board's receipt of the city manager's advisory. (b) Those decisions as to which the city manager submits a timely notice of reconsideration shall be reconsidered by the board at its next regular or special meeting, but no later than its next regular meeting, provided the notice requirement in the following sentence can be met. The board shall provide written notice to the city manager of any meeting at which reconsideration of a decision is scheduled at least 7 days prior to the meeting, and shall at the same time provide written notice of reconsideration to the party that requested the board's decision, and any other party that requested such notice, in writing, prior to the date the notice is sent out. The city manager or designee shall attend any meeting at which a board decision is reconsidered to present the reasons why, in the city manager's judgment, reconsideration is warranted. A motion to reconsider the vote by which the decision was originally made shall not be required. Following discussion of the reconsidered decision, the board shall take a new vote on the issue, which may be in the same form as the motion that was originally adopted, or in the form of another motion. The board's vote on the reconsidered decision shall supersede the original vote. (c) If, in the city manager's judgment, the board's decision on reconsideration warrants review by the city council, the city manager may submit the issue to the city council for a final determination. The city manager shall, within 15 days following the board's vote on the reconsidered decision, notify the board in writing that a reconsidered decision is being submitted to the city council; and shall provide written notice to the board, to the party that requested the board's decision, and to any other party that has submitted a timely written request for such notice, of any city council meeting at which a reconsidered board decision is scheduled to be heard, at least 7 days prior to the meeting. The city manager shall present
his/her position to the city council, and a pension board representative, the party that requested the board's decision, and any other party that submitted a written request for notice of the meeting shall have an opportunity to present their positions prior to the city council's vote on the reconsidered decision. The city council shall conduct a de novo review, hear all relevant evidence concerning the reconsidered decision, and shall not be bound by the record of the board meetings on the issue. Following discussion of the reconsidered decision, the city council shall make a final determination to resolve the issue. The pension board's decision on reconsideration shall be deemed final if the city council does not consider the matter prior to adjournment of the second regularly scheduled city council meeting following the date the city manager submits the matter to the city council. (d) For the purpose of this subsection, "day" refers to a calendar day, and if the deadline for any required action falls on a weekend or city holiday, the deadline shall be extended to the close of business on the next regular business day. (e) This subsection shall not apply to the board's decision on the eligibility for retirement of any member who terminated city employment or submitted a written notice of resignation with ten or more years of continuous service under the plan prior to January 9, 2001, who was advised by the board or its administrator prior to termination of employment concerning the board's prior interpretation of "continuous service," and who relied on such advice in terminating city employment. (f) This subsection shall not apply to the board's decision on a one-time only purchase or other distribution of funds, which purchase or distribution of funds does not exceed $500.00. This exemption shall not apply to any decision, purchase or other distribution of funds which creates or acknowledges an additional, outstanding or continuing obligation of the board. (14) Any advice provided by the board or its administrator to any party concerning a member's eligibility for benefits, amount of benefits, normal retirement date, or any other interpretation of the plan must be put in writing and shall not become effective or binding until approved by the board, subject to the review and reconsideration procedure set forth in subsection (13), above. Oral representations concerning a member's eligibility for benefits, amount of benefits, normal retirement date or any other interpretation of the plan shall not be valid or binding. (15) Subject to the review and reconsideration procedure set forth in subsection (13), above, the duties and responsibilities of the board of trustees shall include the following: (a) Construe the provisions of the plan and determine all questions arising there under; (b) Determine all questions relating to eligibility and participation; (c) Determine and certify amounts of all retirement allowances or other benefits hereunder; (d) Establish uniform rules and procedures to be followed for administrative purposes, benefit applications and all matters required to administer the plan; (e) Distribute information concerning the plan at regular intervals to employees; (f) Receive and process all applications for participation and benefits; (g) Authorize all payments whatsoever from the fund; (h) Review ordinances proposing changes to the provisions of the plan referred to the board by the city council, and recommend to the city council the action to be taken on each ordinance which the board finds necessary or advisable; any ordinance proposing a change to the provisions of the plan shall be referred to the board; and the board at its option shall have up to 45 days to review the ordinance and submit its recommendations to the city council. The board's recommendations under this paragraph shall not be subject to the review and reconsideration procedure contained in subsection (13), above.
(i) Perform such duties as are specified in section 12-88 (Code 1966, 17-28; Ord. No. 4598, 1, 9-13-01; Ord. No. 4687, 1, 1-28-03; Ord. No. 5145, 1, 9-14- 10)