SUBJECT/RECOMMENDATION:
Title
Amend Clearwater Code of Ordinances Sections 2.413 and 2.418 to change the disability process for members of the pension plan and pass Ordinance 9813-25 on first reading.
Body
SUMMARY:
The City of Clearwater Employees’ Pension Plan governs the payment of retirement benefits for City employees. Currently, the Pension Advisory Committee determines whether an applicant is entitled to a disability retirement benefit.
In 2024, the City and labor unions agreed to a change in the disability process for members. Under the new process, the City Manager, after consideration of all relevant factors, may either enter into a stipulated approval for an applicant’s disability retirement benefit or schedule an evidentiary hearing. If the City Manager enters into a stipulated approval, an agenda item shall be brought before the Pension Trustees confirming the stipulation. If the City Manager opts for an evidentiary hearing, the hearing shall be conducted by the State of Florida Division of Administrative Hearings (DOAH). The DOAH hearing officer will review the application for a disability retirement, determine whether the claim meets the criteria for awarding a disability pension benefit, and issue a recommended order. The DOAH hearing officer shall then transmit the recommended order composed of findings of fact, conclusions of law, and disposition to the Pension Trustees.