HomeMy WebLinkAboutIR 9571 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 9571
To the Mayor and Members of the City Council July 9, 2013
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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
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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
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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