Former Kissimmee employee asks board to reconsider early disability; counsel says plan rules bar retroactive award

Jamie Cole, a former City of Kissimmee employee, told the Board of Trustees she had worked for local government for about 30 years and asked the board to reconsider allowing her to draw a disability pension early.

"I'm 52, and I will, hopefully, allow you to allow me to get my pension a little early," Cole said while describing chronic medical conditions, stress-related ailments, and a worksite heart attack. She said she had provided a written letter to the board and asked the trustees to place her request on the record.

Board counsel answered during the public meeting that the plan's disability provisions are specific and require both a completed application and a physician's statement certifying total and permanent disability while the employee is an active member. "To apply for a disability, you have to fill out the application. You have to have a doctor's or a physician statement certifying that you're disabled at that point, totally and permanently, and you have to be essentially an active employee of the plan when the board makes the decision to grant a disability," counsel said.

Counsel noted a narrow exception exists if an employee is medically terminated and submits a completed application within 30 days of that termination. Based on the records reviewed and the opinion provided to the board earlier, counsel said Cole had resigned rather than being medically terminated and had not submitted a completed disability application before her resignation. "Unfortunately for Ms. Cole ... a completed application was never submitted prior to her resignation," counsel told trustees.

Counsel also said a later Social Security disability determination does not change the board's analysis if the Social Security decision came after separation from employment. Trustees did not take formal action on Cole's request during the meeting.

Counsel outlined practical options available to Cole: pursue a return of accumulated contributions immediately (a personal financial decision that would forfeit future monthly plan benefits) or wait and collect the monthly plan benefit when she meets eligibility requirements. Counsel advised consulting an independent financial adviser before making that decision.

Cole told the board she was frustrated but appreciative of the opportunity to speak and said she intended to await the pension benefits she would receive under the plan's ordinary rules. No board member moved to reopen eligibility or change the plan during the meeting.