Summer 2012 - Fabf.org

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MY TAKE ON DISABILITIES MICHAEL J. SHANAHAN, ACTIVE TRUSTEE As our members are aware, the Chicago Sun Times has been writing about what they believe are abuses within the Disability programs of both the Chicago Fire Department and the Chicago Police Department. In recent articles, the prominent suggestion appears to be that disabled members in question were working outside jobs while receiving disability benefi ts from the respective Funds. As it stands, there are no current statutory restrictions that prohibit recipients of disability from the Chicago Police and Fire Funds from having other outside employment. It is my belief that the Illinois State legislature specifi cally understood the nature of Public Safety and the risks associated with it. They did not think it necessary to penalize our members who are physically prevented from continuing their dangerous heavy level positions, from doing other things. As current President of the Firemen’s Annuity and Benefi t Fund of Chicago, I will not comment on anything concerning the Police Department or its members in receipt of disability. I can tell you that the Fire Fund will hold a hearing to terminate benefi ts if a disability recipient’s activities refute their own testimony. I can also tell you what I see about Fire Department disabilities. The following information was provided to the Sun Times and they may still see fi t to print it. • The Retirement Board (“Board”) of the Firemen’s Annuity and Benefi t Fund of Chicago (“Fund”) currently has 380 members on disability; 252 duty, 124 occupational disease, 4 ordinary. This totals approximately 7 ½ % of the total current active Chicago Fire Department Population. • At 7 ½ %, the Fund’s roster of disability recipients as a percentage of active membership, is considerably lower than that of other major municipalities; New York is approximately 79%, Boston, at between 50% and 60%, Houston is approximately 10%, Los Angeles is 16.6% (fi re & police combined) • The Board is responsible to oversee the process of disability application, review and hearings in accordance with the provisions of 40 ILCS, Act 5, Article 6 et. Seq. As such, in June 2000, the Board adopted procedural rules governing the application for and administrative hearings for duty, occupational disease and ordinary disability. Every disability hearing proceeds according to the format of these rules and the Board votes to grant or deny a member’s application solely upon the manifest weight of evidence presented as part of each application. • In the 10 years from 2003 through May 2012, a total of 443 applications for disability were received and presented for hearing before the Board. 72 (16 ½ %) of these applications were denied by the Board. 57 of these denials were sustained, 10 of these decisions were overturned on appeal and 5 remain pending on appeal. • In accordance with Chicago Fire Department policy, if a member is not 100% fi t for active duty, they will not return them to active duty. In the same time period 2003 through May 2012, 8 members were removed from the disability roster based on evidence that the disability had ceased. The fi re department then considered them for return to active duty. 17 of 72 other disability applicants that were denied disability benefi ts were returned to active duty. • During the application process, it is the participant’s Burden of Proof to prove that he/she is disabled for either of the benefi ts available. Once disability is granted, it becomes the Board’s Burden of Proof that the member is no longer disabled and is capable to return to duty. It is substantially more diffi cult for a disabled member to return to duty than it ever was for that same member to obtain his position as a new candidate. Returning a disabled member to active duty requires an examination and concurrence of that member’s capabilities by several treating or consulting physicians. Upon removal from the disability roster, it then becomes the member’s Burden of Proof to prove to the Chicago Fire Department that they are no longer disabled and are capable of performing the essential functions of the job. The Board has absolutely no authority to require any disabled member to accept treatment or undergo any procedure that could potentially hasten their return to active duty. The Board has attempted to introduce legislative amendments to provide limited authority in this matter without success. • The Chicago Fire Department does not have light duty for any member that is less than 100% capable of performing full duties, which are rated at the very heavy level by the Department of Labor and OSHA. 10
MY TAKE ON DISABILITIES MICHAEL J. SHANAHAN, ACTIVE TRUSTEE The Chicago Fire Department has successfully challenged the statutory requirement to return a disabled member whom the Board has determined to no longer be disabled. • Since approximately 2000, the Board and staff introduced outside medical case management to assist in the review and evaluation of all existing disability recipients and all new applications for disability benefi ts. In addition to the Fund’s legal counsel and the 40 years of experience of the Fund’s Physician Consultant, the Board has utilized the services of independent medical examinations, video surveillance, and in some instances, have called available adverse witnesses during the course of any hearing and follow-up in consideration of a member’s disability status. In my position as elected trustee I can honestly tell you that I have never hesitated to provide this statutorily authorized benefi t to a member that is legitimately injured in the performance of his/her duties. Neither would I hesitate to vote no on any member’s application that I did not feel met the burden of proof. The other reality is the appeal process. Many of the subjects highlighted in the Sun Times’ article were denied their benefi ts by the Fire and Police Boards only to have those decisions overturned by the Cook County Circuit Court or the Illinois Appellate Court. As stated above, 10 of our denials were overturned by a court. I personally believe that the new City Administration will be looking closely at some of the benefi ts we as public safety offi cers have enjoyed; including Lay-Up periods, Light Duty requirements, Intra- department Job training and possible statutory restrictions on employment for disabled members. All members must be responsible to be good union stewards of the benefi ts we currently hold. Attend meetings. Vote in Elections. Don’t complain when it’s too late. 2012 PRE-RETIREMENT SEMINARS 8:00 A.M. ROLLS & COFFEE 8:20 A.M. INTRODUCTION SATURDAY, SEPTEMBER 22, 2012 (2C EMS-1) SATURDAY, NOVEMBER 17, 2012 (1A EMS 1) 8:30 A.M. WILLS & ESTATE PLANNING 9:45 A.M. LONG TERM CARE 10:30 A.M. BREAK 10:45 A.M. RETIREE MEDICAL BENEFITS; City of Chicago - Benefi ts Management Offi ce 11:45 A.M. LUNCH 12:30 P.M. SOCIAL SECURITY; Social Security Administration 1:30 P.M. DEFERRED COMPENSATION ACCOUNTS 2:30 P.M. ADJOURN FIRE DEPARTMENT TRAINING ACADEMY 558 West DeKovan – Chicago, Illinois 60608 BREAKFAST AND LUNCH ARE PROVIDED RSVP REQUIRED: CALL (312) 726-5823 (SPACE IS LIMITED) (THIS SEMINAR IS PROVIDED FOR THOSE MEMBERS WITHIN 3 YEARS OF ACTUAL RETIREMENT) 11
Page 1 and 2: Summer 2012 PENSION NEWS PUBLICATIO
Page 3 and 4: FROM THE SECRETARY (cont.) There ar
Page 5 and 6: HISTORY OF KORSHAK HEALTH CARE SETT
Page 7 and 8: THE FOLLOWING ANNUITIES AND BENEFIT
Page 9: THE FOLLOWING ANNUITIES AND BENEFIT
Page 13 and 14: DECEASED PARTICIPANTS FROM JULY 1,
Page 19 and 20: GIFT FUND DONATIONS JUNE 2011 - JUN

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