Providence
Full City Council ready to take on pension changes
01:00 AM EDT on Friday, October 12, 2007
PROVIDENCE — A package of pension reforms — including the elimination of a generous and exceedingly rare benefit for the city’s firefighters — has been approved by two City Council committees and is set for approval by the full council.
The centerpiece of the package is the removal of a potentially unique benefit that allows Providence firefighters who qualify for a disability pension to retire with their pension, tax-free, and then also take back all the money they have contributed to the city pension fund — plus interest. The money they take back is taxable.
Over the last 40 years, at least 525 firefighters and police officers took a total of $29.3 million out of the pension system when they went on disability, according to Dan Sherman of Buck Consulting, the city’s actuary. That money would have accrued $87 million in interest over time, meaning that Option 4 has cost the city $116 million in value to its pension system.
A second provision would mandate that the more than 800 city employees receiving disability pensions have their disability recertified on an annual basis. Right now, the city’s personnel director can ask a pensioner to see a doctor and have the disability checked, but in practice that rarely happens. Council members say it has only happened five times since 1999.
The ordinance puts a vital check into the system, said City Solicitor Ken Chiaverini. As it stands, the city is giving out a pension and never checks back in to see if it’s still medically needed. The health status of the pensioner could have changed.
“There’s no reporting to us,” Chiaverini said. “There’s no reason for someone to say to us, ‘I’m no longer disabled.’ ”
A third measure would allow the city to accept medical examinations administered by doctors used by the Workers Compensation Court, which in a small number of cases would cut down the number of doctors that an injured city employee has to see.
The Finance and Ordinance Committees — which between them boast a majority of the council’s membership — approved the ordinances unanimously, although Councilman Nicholas J. Narducci Jr.’s vote was in doubt until the last moment.
Narducci had concerns with one small facet of the annual checks of disability status.
While the thrust of the ordinance is to require mandatory annual recertification by a doctor of the pensioner’s choosing, one part of the existing statute gives the personnel director the power to order a pensioner to visit a city-selected doctor for a second exam even if they have completed the mandatory certification.
Narducci argued that it means the personnel director can arbitrarily order pensioners to a second exam, based on only the director’s opinion.
“It gives one person too much power,” he said.
Narducci’s statements were cheered by representatives of the city’s major public employee unions, which all had a presence at City Hall last night.
“That would be harassment,” said James Potenza, representing Local 799 of the International Association of Fire Fighters, of the possibility that the personnel director could send pensioners back for a second examination to confirm their status.
But other council members argued that this is the point of the ordinance: the city needs to have the ability to send pensioners to independent doctors.
While most council members took pains to state that they didn’t think any current city employees are committing fraud — one member described the council’s statements as “hyper-polite” — they said that anything is possible in the future.
Councilman Michael Solomon said without the ability to call for a second exam, it’s possible that what he referred to as an “easy doctor” could continue to recertify pensioners who might not need their disability pensions any longer, regardless of their actual health status.
“What if there’s some pattern of abuse,” Solomon said, then pointing to the pitch-black night sky through the windows: “I could get a doctor to write you that the sun is shining right now.”
Narducci ultimately voted yes, but said that he was doing so only on the condition that the language would be further examined in the future.
After the ordinances are voted on by the council, the city will begin a second round of pension changes, dealing with larger issues like closing the pension system and floating a pension obligation bond to pay back the existing debt to the pension system.
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