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HomeMy WebLinkAbout06-05-2007City of Auburn Law Enforcement Ofgcers and Firefighters Disability Board Tuesday, June 5, 2007 - 10:00 AM -Council Conference Room MINUTES I. CALL TO ORDER Chair Pro Tem Bud Larson called the meeting to order at 10:00 a.m. in the Council Conference Room located at Auburn City Hall, 25 West Main Street in Auburn. Chair Pro Tem Larson and the following Board members were present: Member Roger Thordarson, Member Lynn Norman, and Member Bill Petersen. Chair Jim Kelly was excused. Also present were Board Attorney Joseph Beck and Board Secretary Danielle Daskam. II. APPROVAL OF MINUTES A. Minutes of the May 1, 2007 LEOFF Board Meeting Motion by Member Thordarson, second by Member Petersen to approve the May 1, 2007 minutes as distributed. MOTION CARRIED. 4-0. III. UNFINISHED BUSINESS A. Pending Disability Leave/Retirement Applications There was no pending disability leave/retirement application. B. Medical/Hearing/Vision Claims Roper Lee Request for reimbursement of medical expenses in the total amount of $285.00 per Regence Explanation of Benefits Statement #0704795031800 and Medicare claim #11-07032-099-290 for medical services received on January 29, 2007. On May 1, 2007, the Board tabled Mr. Lee's claim pending the receipt of additional information regarding the medical necessity of the medical services provided. No new information was received. Motion by Member Thordarson, second by Member Petersen to table Mr. Lee's claim until the next Board meeting. MOTION CARRIED. 4-0. 2. Stan Laatsch LEOFF Board Minutes June 5, 2007 Page 1 City of Auburn Law Enforcement Officers and Firefighters Disability Board Tuesday, June 5, 2007 -10:00 AM -Council Conference Room Request for reimbursement of payroll expenses for Medicare deductions in the amount of $397.29. On May 1, 2007, the Board tabled Mr. Laatsch's claim pending additional information from the Board Attorney. Board Attorney Beck explained that in 1951, the City of Auburn chose to come under the Federal Social Security Act (pursuant to a Section 218 Agreement filed with Employment Security). At that point, Fire Department personnel opted not to participate in Social Security. Later the law changed to provide that anyone hired after March 31, 1986 was subject to mandatory Medicare withholding. Any firefighters hired after March 31, 1986 were subject to the mandatory Medicare withholding. Board Attorney Beck further explained that with the formation of the Valley Regional Fire Authority on January 1, 2007, all previous Auburn fire personnel, not previously subject to the mandatory Medicare withholding, were considered new hires and subject to the mandatory Medicare withholding. There is no provision to opt out of the mandatory Medicare withholding; it is considered a payroll tax, basically. Board Attorney Beck reported that all LEOFF 1 police officers have always been subject to Medicare withholding. After reviewing the LEOFF law, Board Attorney Beck concluded that the LEOFF Board is not obligated to reimburse LEOFF 1 employees for Medicare withholding. Mr. Beck stated it his opinion that the Medicare withholding would not be considered a discretionary reimbursement. Board members noted that the Board reimburses retirees for Medicare Part B premiums. Motion by Member Thordarson, second by Member Norman to deny Mr. Laatsch's claim. Member Petersen expressed support for reimbursement of the Medicare withholding. MOTION CARRIED. 3-1. Member Petersen voted no. (See Item IV.E of these minutes for related discussion.) LEOFF Board Minutes June 5, 2007 Page 2 City of Auburn Law Enforcement Officers and Firefighters Disability Board Tuesday, June 5, 2007 -10:00 AM -Council Conference Room IV. NEW BUSINESS A. Disability Leave/Retirement Applications 1. James Kelly Effective Date of Disability: June 4, 2007 Last Day of Service: June 3, 2007 On May 30, 2007, LEOFF Board Chair Pro Tem Bud Larson tentatively approved disability leave for James Kelly effective June 4, 2007, subject to full Board review and approval. Mr. Kelly's application for disability leave/retirement includes physicians' statements from Dr. Nancy Becker dated May 21, 2007 and Dr. Alnasir Adatia dated May 24, 2007. Motion by Member Thordarson, second by Member Petersen to approve Mr. Kelly's disability leave filed May 30, 2007 for leave effective June 4, 2007 with last day of service on June 3, 2007. MOTION CARRIED. 4-0. B. Appeals/Requests for Reconsideration No appeal or request for reconsideration was filed. C. Medical/Hearing/Vision Claims 1. Murray Board Request for reimbursement of dental expenses in the amount of $203.00. MURRAY BOARD $1,200.00 BALANCE 2007 $1, 200.00 Motion by Member Thordarson, second by Member Petersen to approve Mr. Board's claim in the amount of $203.00. MOTION CARRIED. 4-0. 2. Don Webb LEOFF Board Minutes June 5, 2007 Page 3 City of Auburn Law Enforcement Officers and Firefighters Disability Board Tuesday, June 5, 2007 -10:00 AM -Council Conference Room Request for reimbursement of dental expenses in the amount of $315.00. DON WEBB 2007 $1,200.00 BALANCE $1,200.00 Motion by Member Petersen, second by Member Thordarson to approve Mr. Webb's claim in the amount of $315.00. MOTION CARRIED. 4-0. 3. Gordon Stephenson Request for reimbursement of vision expenses in the amount of $175.00. (Mr. Stephenson has not received reimbursement for vision expenses in the last year.) Motion by Member Thordarson, second by Member Petersen to approve Mr. Stephenson's claim in the amount of $175.00. MOTION CARRIED. 4-0. 4. Bruce Caldwell Request for reimbursement of medical expenses in the total amount of $82.86 per Regence Explanation of Benefits Statements #0708732726400 and 0712032865200 for services received February 26 and March 26, 2007. Motion by Member Thordarson, second by Member Petersen to approve Mr. Caldwll's claim in the amount of $82.86. MOTION CARRIED. 4-0. 5. Ed Henderson Request for reimbursement of dental expenses in the amount of $1,355.25. ED HENDERSON $1,200.00 BALANCE $1,200.00 March 6, 2007 $168.15 $1,031.85 "April 4, 2007 *"* $2,795.20 ($1,763.35) **" Found Medically Necessary LEOFF Board Minutes June 5, 2007 Page 4 City of Auburn Law Enforcement Officers and Firefighters Disability Board Tuesday, June 5, 2007 -10:00 AM -Council Conference Room Motion by Member Petersen, second by Member Thordarson to approve Mr. Henderson's claim in the amount of $1,355.25. Member Petersen noted the medical necessity of Mr. Henderson's treatment. MOTION CARRIED. 4-0. 6. M. Eric Bearscove a. Request for reimbursement of medical expenses in the total amount of $12.00 per Regence Explanation of Benefits Statement #070959501550 for services received August 23, 2006 and paid by insurance on April 25, 2007. Motion by Member Thordarson, second by Member Petersen to approve Mr. Bearscove's claim in the amount of $12.00. MOTION CARRIED. 4-0. b. Request for reimbursement of vision expenses in the amount of $259.97. (Mr. Bearscove has not received reimbursement for vision expenses in the last year.) Motion by Member Thordarson, second by Member Petersen to approve Mr. Bearscove's claim in the amount of $225.00. MOTION CARRIED. 4-0. 7. David J. Hannity Request for reimbursement of medical supplies in the amount of $43.70. Motion by Member Petersen, second by Member Thordarson to approve Mr. Hannity's claim in the amount of $43.70. MOTION CARRIED. 4-0. 8. Jerome Christin (deceased) Request for reimbursement of medical supplies in the total amount of $143.56. LEOFF Board Minutes June 5, 2007 Page 5 City of Auburn Law Enforcement OfFicers and Firefighters Disability Board Tuesday, June 5, 2007 - 10:00 AM -Council Conference Room Motion by Member Petersen, second by Member Thordarson to approve Mr. Christin's claim in the amount of $143.56. MOTION CARRIED. 4-0. 9. William Petersen Request for reimbursement of vision expenses in the amount of $240.00. (Mr. Petersen has not received reimbursement for vision expenses in the last year.) Motion by Member Thordarson, second by Member Norman to approve Mr. Petersen's claim in the amount of $225.00. MOTION CARRIED. 3-0. Mr. Petersen abstained from voting. 10. John Calkins a. Request for reimbursement of dental expenses in the amount of $352.00. Motion by Member Thordarson, second by Member Petersen to approve Mr. Calkins' claim in the amount of $352.00. MOTION CARRIED. 4-0. b. Request for reimbursement of dental expenses in the amount of $751.00. JOHN CALKINS 2007 $1,200.00 BALANCE $1,200.00 03/06/2007'`'`* $1,776.60. ($576.60} """ Found Medically Necessary Motion by Member Petersen, second by Member Thordarson to approve Mr. Calkins' claim in the amount of $751.00. MOTION CARRIED. 4-0. 11. Robert S. Phillips Request for reimbursement of vision expenses in the amount of $159.98. LEOFF Board Minutes June 5, 2007 Page 6 City of Auburn Law Enforcement Officers and Firefighters Disability Board Tuesday, June 5, 2007 - 10:00 AM -Council Conference Room Mr. Phillips' claim was added to the agenda. Board Secretary Daskam indicated that Mr. Phillips has not received vision expense reimbursement in the last year. Motion by Member Thordarson, second by Member Petersen to approve Mr. Phillips' claim in the amount of $159.98. MOTION CARRIED. 4-0. D. Correspondence No correspondence was received. E. Discussion Board Attorney Beck clarified his earlier comments regarding the Board's authority to reimburse a LEOFF member for Medicare withholding tax. Mr. Beck noted that the LEOFF Board has the authority to pay necessary medical services. Insurance premiums do not fall under the definition of necessary medical services. He further noted that the LEOFF law provides that: "Any employer, under this Chapter, may at its discretion elect to reimburse a retired former employee, under this Chapter, premiums the retired former employee has paid for medical insurance that supplements Medicare, including premiums that the retired former employee has paid for Medicare Part B coverage." V. ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 10:27 a.m. APPROVED THE ~ ~ DAY OF JULY, 2007. Bud Larson, Chair Pro Tem Da 'elle Daskam, Secretary LEOFF Board Minutes June 5, 2007 Page 7