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HomeMy WebLinkAboutIR 9571 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 9571 To the Mayor and Members of the City Council July 9, 2013 `�` Page 1 of 3 r SUBJECT: INJURY LEAVE AND WORKERS' COMPENSATION BENEFITS FOR rF POLICE OFFICERS LISA RAMSEY AND RICHARD LAMBING The City of Fort Worth provides a variety of resources for sworn personnel injured in the line of duty including workers compensation benefits, line of duty injury leave pay, and retirement benefits. Workers Compensation coverage includes temporary or lifetime income benefits (TIBS or LIBS), full medical coverage for the remainder of the employee's life, and additional support as warranted. In addition, Chapter 143 of the Texas Local Government Code provides civil service employees line of duty injury leave pay for up to one year following an injury in order to ensure that the employees receive full pay during their recoveries. The Fort Worth City Council has routinely extended these benefits beyond the one year when deemed appropriate to allow officers additional recovery time. Finally, the City of Fort Worth Employees Retirement Fund includes a line-of-duty disability retirement that includes a pension benefit calculated as if the employee had worked until his or her normal retirement date. Currently, the City employs two civil service employees who were catastrophically injured in the line of duty, thereby qualifying them for Workers Compensation LIBS. The City has also paid these employees Chapter 143 line of duty injury leave pay in a manner that is contrary to state law. The purpose of this Informal Report is to inform the Council of staff's intention to comply with the law in connection with future requests for line-of-duty injury leave pay and explain the options available to the affected employees. 1. Police Officer Lisa Ramsey was injured in the line of duty on January 1, 2003. She is currently off work due to her injury and is drawing line of duty injury leave pay of $77,292.80 annually, plus workers' compensation Lifetime Income Benefits (LIBS) of $35,373.00 annually. Her total pay from these sources is $112,665.80 annually. Her normal base pay is $77,292.80 annually; thus, Officer Ramsey's current payments are $35,373 more than her normal base pay annually. In addition to these income benefits, $2.8 million has been paid for expenses related to her injury. 2. Police Officer Richard Lambing was injured in the line of duty on July 8, 2010. Officer Lambing is off work and is currently drawing line of duty injury leave of absence pay of $77,292.80 annually and workers' compensation LIBS of $40,196.00 annually. Officer Lambing's total pay from these sources is $117,488.80 annually. His normal base pay is $77,292.80 annually; thus, Officer Lambing's current income is $40,196 more than his normal base pay annually. In addition to these income benefits, $2.0 million has been paid for expenses related to his injury. Texas Labor Code, §504.051, requires workers' compensation benefit payments made by a municipality to be offset by payments for line of duty injury leave of absence full pay under Texas Local Government Code, §143.073. In establishing these benefits, the Texas Legislature did not intend for an employee to simultaneously receive both benefits. Compliance with the law will still provide for full-pay and inflation protection for each of these officers. ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 9571 To the Mayor and Members of the City Council July 9, 2013 `�` Page 2 of 3 r SUBJECT: INJURY LEAVE AND WORKERS' COMPENSATION BENEFITS FOR rF POLICE OFFICERS LISA RAMSEY AND RICHARD LAMBING Both Officers Ramsey and Lambing may continue their employment with the City, with or without a reasonable accommodation, by accessing their two-plus years of accumulated leave time and continue to receive LIBS. If they choose to use their leave time they are eligible to continue to receive LIBS. If Officer Ramsey elects this option she will continue to receive $112,665.80 annually for at least two more years; if Officer Lambing elects this option he will continue to receive $117,488.80 annually for at least two more years, with both officers receiving 3% annual LIBS increases and step increases authorized by the Meet and Confer Agreement. A second option for each officer is to medically retire instead of using his or her accrued leave and take the eligible leave as a lump sum payment. If Officer Ramsey medically retired now she would continue to receive LIBS ($35,373) plus Retirement ($45,588) totaling $80,961 annually. If Officer Lambing medically retired now he would continue to receive LIBS ($40,196) plus Retirement ($57,120) totaling $97,316 annually. A third option is to return to work and continue to receive LIBS, if eligible. If Officer Ramsey is able to return to work and perform the essential functions of her job, she would continue to receive LIBS in addition to her normal salary. As an alternative, if Officer Ramsey is able to work less than full-time in an approved position that meets her restrictions, she could supplement her income by using accumulated leave benefits while continuing to receive LIBS. Due to the nature of Officer Lambing's qualification for LIBS, which is different from Officer Ramsey's, he would no longer qualify for LIBS if he returned to duty as a police officer. The attached document outlines the financial impact of each of the choices. The July 9, 20137 City Council agenda includes staff recommendations to deny additional leave requests under Chapter 143 in order to comply with the law. Subsequent to that, the officers may choose one of the three options outlined above. If you have any additional questions, please contact Susan Alanis, Assistant City Manager, at 817.392.8180 or Karen Marshall, Human Resources Director, at 817.392.7783. Tom Higgins City Manager Attachment: Summary of Pay Arrangements ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 9571 To the Mayor and Members of the City Council July 9, 2013 Page 3 of 3 r SUBJECT: INJURY LEAVE AND WORKERS' COMPENSATION BENEFITS FOR rF POLICE OFFICERS LISA RAMSEY AND RICHARD LAMBING SUMMARY OF OPTIONS 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u Lifetime Income Benefits $ 0 $ 35,373 $ 35,373 $ 35,373 (LIBS) Disability Retirement 0 0 45,588 0 Benefits Earned Income/Leave 77,293 38,646 0 77,293 Usage Line-of-Duty Injury 0 38,646 0 0 Leave TOTAL $ 77,293 $112,665 $ 80,961 $ 112,666 N NMI 11111 IN IN Lifetime Income Benefits $ 0 $ 40,196 $ 40,196 $ 40,196 (LIBS) Disability Retirement 0 0 57,120 0 Benefits Leave Usage 77,293 0 0 77,293 Line-of-Duty Injury 0 77,293 0 0 Leave TOTAL $ 77,293 $ 117,489 $ 97,316 $ 117,489 ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS