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11-25-1987 Regular MeetingMIAMI SHORES VILLAGE PENSION BOARD MEETING The Village of Miami Shores Pension Board meeting was called to order by Mayor Canton at 9:15 a.m. on Wednesday. November 25, 1987. (The meeting was called to order at this late time due to the Special Council meeting that was held). The following were in attendance: Board Members: Mayor Spero Canton Sargeant Jack Ulmer Ms. Patricia Varney Dr. Robert Butler Mr. William Wacker Mr. Elly Johnson Mr. William Heffernan Also Present: Mr. Jim Linn of Carson & Linn, Mr. Jim Rizzo of Kruse O'Connor & Ling, Ms. Gail Macdonald - Plan Administrator and Mr. William Fann Village Attorney Because of the late start of the meeting, Mr. Heffernan left at 9:00 a.m. and the Board decided to revise the agenda upon Ms. Macdonald's request that the following items be acted upon at this meeting: 1. Age Discrimination Issues 2. Participation as Amicus Curiae in Appeal of City of Orlando, etal v. State of Florida etal. 3. Review motion re: Village Contribution in light of pending referendum 4. Approval of 11/17/87 minutes 5. Adjournment Dr. Butler made a motion to change the agenda per Ms. Macdonald's request. The motion was seconded by Sargeant Ulmer. 4110 The motion passed unanimously. 1. Age Discrimination Issues Mr. Jim Linn of Carson & Linn stated that since writing this letter of 9/10/87 the EEOC has issued proposed regulations indicating that any age - based exclusions from a pension plan will no longer be permitted. Jim Rizzo reported that there would be no material cost involved in lowering the age limit to enter the Pension Plan. However, should the Board choose to remove the upper age 55 limit, there is one major provision which should be included in the Plan language. Those who had been hired at an age which previously precluded them from joining the plan should be restricted from claiming any retroactive credit. Mr. Rizzo suggested that the wording be similar to the following: Employment credit will be effective from the date of the amendment forward, not from age 21 or from date of employment. • Or.Butler made a motion to eliminate the age requirement of 21 years of age and the 55 year age limitation for enrollment into the Pension Plan. Mr. Johnson seconded the motion. The motion did not pass. The Board voted unanimously to oppose the motion as stated. Mr. Walker made a motion to eliminate the minimum age requirement on the Pension Plano Mr. Johnson seconded the motion. The motion passed unanimously. 2. Participation as Amicus Curiae in Appeal of City of Orlando, etal v. State of Florida Mr. Johnson made a motion that we do not enter the suit. The motion died for lack of a second. Mr. Walker made a motion that the Pension Board go on record as participating in the Amicus Curiae brief and that we make the recommendation to the Village Council that it also participate and that the cost of those participations be borne by both bodies not to exceed $1250 each. Sargeant Ulmer seconded the motion. The motion passed with a four to one vote.(Mr. Johnson, Mayor Canton, Sargeant Ulmer and Mr. Walker voded yea and Ms. Varney voted no). 3. Review motion re: Village Contribution in light of pending referendum. The Board discussed the possibility of changing the 1 mill limitation by getting the paper work started by the Village Attorney to prepare the ordinance for change. The Village Charter must be changed by a referendum.. The Board suggested to ask the Attorney General for an opinion so that the Charter can be changed to exceed the 1 mill limitation. Mr. Johnson informed the Board that at the next Council meeting that he will recommend to the Council to instruct the City Attorney to start the preparation to put together the necessary ordinance for placement on the ballot in March 1988. 4. Approval of 11/17/87 Minutes. Mr. Johnson made a motion to approve the minutes of the 11/17/87 meeting. The motion was seconded by Mr. Walker. The motion passed unaminously. 5. Adjournment Mr. Johnson made a motion to adjourn and reschedule the remainder of the agenda for a future meeting. The motion was seconded by Ms. Varney The motion passed unaminously. The meeting adjourned at 1015 a.m. Elly . Jo on, Secretary •