HomeMy WebLinkAboutAgreement_General_5/13/2021_Police Benevolent Assoc (PBA)APPENDIX A
SETTLEMENT OF GRIEVANCE
I. On May 19, 2020, Palm Beach County Police Benevolent Association ("PBA") filed a contract
grievance against Village of Tequesta ("Tequesta" or"Vdlage") on behalf of Tequesta police
officers Matthew Muniz, Daniel Waychowsky, Jonathan Franklin, and Aaron Johnson.
2. The grievance charged that the Village had violated Article 29 Retirement, of the collective
bargaining agreement between the parties. The grievance alleged that the Village had
withheld funds "in excess of their required contributions to the defined benefit plan", and It
sought "return of all funds (with interest) in excess of their required contribution(s) to the
defined benefit plan".
3. The dispute had its genesis in a Memorandum of Understanding ("MOU") between the Village
and the PBA dated February 14, 2019. The MOU allowed full-time police officers hired
between June 9, 2011 to May 31, 2018 to leave their existing 401(a) plan and join the
reopened Tequesta Public Safety Retirement Plan (formally known as the "Village of Tequesta
Public Safety Officers Pension Trust Fund" and also referred to as the "Retirement Plan"). The
MOU further stated that the 401(a) Plan balances for the affected officers would be
transferred to the Public Safety Retirement Plan.
4. The contribution rate for police officers in the Public Safety Retirement Plan Is 6% of
pensionable compensation. Based on the amounts In their 401(a) accounts that were
transferred, some of the officers who joined the reopened defined benefit plan effectively
contributed less than 6% of pensionable compensation and others contributed more than 6%
of pensionable compensation. However, the MOU and supporting documents made no
reference to individual account contributions and only documented that the total balance for
all affected officers would be transferred.
5. Tequesta denied the grievance and the PBA requested arbitration of the dispute.
6. The parties have agreed to settle the grievance in order to avoid the cost and uncertainty of
further litigation.
7. The following officers effectively contributed an amount of 401(a) money that is less than 6%
of pensionable compensation. The amounts of the difference are set forth below.
Timothy Baldwin
$ 378.57
Kurt Blanc
$ 7,316.01
Thomas Jarrell
$1,023.67
Michael Loney
$ 705.74
Matthew Muniz
$ 609.28
Christopher Scaduto
$ 646.50
Emir Ylldiz $3,455.32
$14,135.09
8. The following officers effectively contributed an amount of 401(a) money that is more than
6% of pensionable compensation. The amounts of the difference are set forth below.
Jonathan Franklin
$ 2,615.92
Aaron Johnson
$12,688.05
Daniel Waychowsky
$ 6,270.13
$21,574.10
9. The parties have agreed to settle the grievance in the following manner. The Retirement Plan
share account balances of all the above -named individuals will be recalculated as follows,
effective within 60 days following the adoption of an ordinance implementing the terms of
this Settlement:
(a) The individual sums specified in paragraph 7 (which total $14,135.09) will be subtracted
from the current Retirement Plan share account balance of each of the respective police
officers.
(b) The Village will contribute the sum of $7,439.01 to the $14,135.09 subtracted from the
current share account balances of each of the police officers listed in paragraph 7, making
a total of $21,574.10.
(c) The sum of $21574.10 referenced in paragraph 9(b) above will then be allocated to the
Retirement Plan share accounts of the officers listed in paragraph 8, in the amounts
specified in paragraph 8.
10. These share account balances, as recalculated above, will be credited with earnings and losses
based on the earnings of the Fund as a whole commencing with the first allocation of earnings
and losses following the effective date of an ordinance implementing the terms of this
Settlement. The share account balances shall be payable to the named police officer
members upon the member's eligibility for and receipt of pension from the Retirement Plan.
Any addition to the share accounts as a result of this Settlement will be considered member
contributions.
11. This matter will be deemed settled when the actions specified in paragraph 9 are fully
accomplished and the share accounts adjusted accordingly. At that time, the parties will
notify the arbitrator that the matter has been settled. Each party to this cause will bear its
own fees and costs.
12. At the request of the PBA, with the concurrence of the police officers whose signatures are
set forth below, and with the agreement of the Village, the share account of Officer Tana
Oonado will not be affected by this Settlement.
13. The signatures of the affected police officers as set forth below demonstrate that each of the
affected officers has read and understands the terms of this Settlement and agrees to those
terms. By signing this Settlement, each of the affected police officers hereby knowingly and
voluntarily waives, disclaims, and relinquishes any claim or right to any further recalculation
of their Retirement Plan share account balance, and agrees to hold harmless the Village of
Tequesta and the Village ofTequesta Public Safety Officers Pension Trust Fund, as well as their
officers, trustees, employees, contractors, and representatives, from any claim, liability, or
action related to the recalculation of their share account balance as provided herein.
AGREED to by the parties this, �-�-- day of April, 2021,
Leonard A. Carson
Special Labor Counsel
Village of Tequesta
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John aza "an
Pres ent
Palm Beach County PBA
Allen, AM6esta Village Manager Timothy Baldwin
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Kurt Blanc
Thomas Jarrell
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Michael Coney
Matthew Muniz
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Christopher Scaduto
Emir Ylldiz
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Aaron Johnson
Dance aychowsky