The URL can be used to link to this page

Home My WebLink About2001-12-27 - Agendas - Finalp FAYETTEVILLE • THE CITY OF FAYETTEVILLE, ARKANSAS • • AGENDA FIREMEN'S PENSION AND RELIEF FUND DECEMBER 27, 2001 A meeting of the Fayetteville Firemen's Pension and Relief Fund Board will be held on December 27, 2001, at 11:00 a m in Room 326 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. 1. Approval of the minutes 2. Approval of the pension list 3. Investment report 4. Other business 113 WEST MOUNTAIN 72701 501 521-7700 FAX 501 575-8257 • MINUTES OF A MEETING OF THE FIREMEN'S PENSION AND RELIEF FUND BOARD NOVEMBER 29, 2001 A meeting of the Fayetteville Firemen's Pension and Relief Fund Board was held on November 29, 2001, at 11:00 a m in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Marion Doss, Ronnie Wood, Pete Reagan, Heather Woodruff, Kit Williams, Ted Webber, and audience. MINUTES Mr. Reagan moved to approve the minutes. Mr. Wood seconded the motion. The motion carried unanimously. PENSION LIST Ms. Woodruff stated they had been presented two pension list. The Board would need to discuss Kelly Skelton's situation before they approved the pension list. Ms. Skelton had tumed nineteen. Currently, she was enrolled part-time as a student. She will be enrolled full-time this coming January. The question was whether or not they could pay her for December; and if they stopped • paying her, could they start paying her again in January. Mr. Williams asked if she had enrolled for the next semester and if so could they provide the documentation for that. • Ms. Donna Haden, attorney, stated Kelly was enrolled at Northwest Arkansas Commumty College for fourteen hours for the spring semester. She presented a notarized statement from the register along with a billing statement for the spring semester. She also provided documentation from the college showing what they considered to be full-time. She also presented some financial aid documentation. This semester she was enrolled part-time She is enrolled full-time for the spring semester. Kelly understands that she must remain a full-time student, at least twelve hours. Mr. Williams stated the statute read, "if a student was enrolled in an institution of higher education after completing high school... shall continue as a full-time student" He thought the legislature anticipated that there would be a period of time before they actually went into school. Normally it would be the fall semester, but here she was nineteen during the fall semester, he thought that since it was only a month away and she has proven that she is enrolled as a full-time student for the spring semester, he thought they could continue to pay her as long as she remains a full-time student. He did not believe she would have to go to summer school, as long as she was enrolled for the fall semester as a full-time student and provided that information to the Clerk to provide to the Board. He recommended to the board that they approve the list which showed Ms. Kelly Skelton as a beneficiary. Mr. Reagan moved to approve the pension list with Ms. Kelly Skelton. Mr. Wood seconded the motion. The motion carried uhanimously. INVESTMENT REPORT No report. OTHER BUSINESS Mr. Williams stated Mr. McCord, attorney for the Skelton Case, has gotten out of and has been replaced by Donna Haden. Ms. Haden had until tomorrow to file her brief. Mr. Doss stated Mr. Ronnie Wood had been on Drop and he was requesting approval of his retirement affective as of January 1, 2002, and would like to added to the pension hst for January. Mr. Reagan moved to move Mr. Wood from the Drop program to the Pension list. Mr. Doss seconded. The motion carried unanimously. Meeting adjourned 11:25 a.m. b 0 0 .w w eV4.4 roM a O Cg O b a CCI O .-1 — O M 0 -iomi en oo NN a8 U a `- ce a oo AO M el as 0 oo s, a w o ,4? w _ir- > 0s a• a a> 1-1 ono y M as ea Ri oo 0\ N O M 1/40 h 00 00 M O N 00 + 1/40 0. + a. 0 U 0 MLAM Private Portfo t0 oo 00 + 00 b + Income Acc d 01 O - " O O b U NCrl N O .0 0 L 0 0 0 * tU U U * m m * c c g U U U 04 ..0 U U U 0 0 0 C Q o y ti O O O 00 O O O 01 O O O 4n M Nkr) h GA EA 69 ct0. bPLi • 0 U N �rL� V a * Income accou e,` i Al ET i E ♦ IL1 1E THE CITY OF FAYETTEVILLE. ARKANSAS • • KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT • TO: Board of Trustees of Fayetteville Firemen's Relief and Pension Fund FROM: Kit Williams, City Attorney DATE. December 27, 2001 RE: Appeal of your decision to deny Kathy D. Skelton pension benefits Judge Kim M. Smith filed an Order of Dismissal of Appeal on December 21, 2001 concerning Kathy D. Skelton's appeal of your decision We, thus, won this case. Kathy D. Skelton can appeal Judge Smith's ruling within thirty days of his decision, but I do not think she will I know none of you wanted to deny benefits to Kathy Skelton if she was legally entitled to them. Judge Smith affirmed your decision that Arkansas law prevented you from awarding her benefits after the death of her ex-husband. Their children will continue receiving the full benefit (not reduced by a widow's share) as long as statutorily authorized Thank you for your vote of confidence in my legal opinion concerning this case when you denied Kathy Skelton further benefits. Attached is Judge Smith's Order of Dismissal of Appeal and his Letter Opinion. • IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS _ SECOND DIVISION KATHY D. SKELTON VS. NO. CIV 2001-544 BOARD OF TRUSTEES OF FAYETTEVILLE FIREMEN'S RELIEF AND PENSION FUND 0 `. APPPFL"LANT CO CO G. T.:: C. y 2 v co c z APPELLEE[° ORDER OF DISMISSAL OF APPEAL Now on this 21st day of December, 2001, comes on for decision the appeal of the March 29th, 2001, decision of the Board of Trustees of the Fayetteville Firemen's Relief and Pension Fund denying appellant Kathy D. Skelton pension benefits following the death of Roy Skelton, and after having reviewed the briefs and stipulated facts, the Court finds that for the reasons stated in the letter opinion attached hereto and incorporated herein, the decision of the Board of Trustees of the Fayetteville Firemen's Relief and Pension Fund should be and hereby is affirmed and this case should be and hereby is dismissed. IT IS SO ORDERED. Copies to: _ // 1r!-'-- r/.11 KIM CIR SMITH UIT JUDGE - SECOND DIVISION T r rri 0 0 T 0 a 0 0 0 1 • • Ms. Donna Hayden Lyles • Mr. Kit Williams • KIM M. SMITH CIRCUIT JUDGE December 21, 2001 STATE OF ARKANSAS FOURTH JUDICIAL CIRCUIT - SECOND DIVISION WASHINGTON COUNTY COURTHOUSE P. O. BOX 1206 FAYEI IEVILLE, AR 72702-1206 TELEPHONE: (501) 4441552 FAX: (501) 4441752 E-MAIL. ksmith@co.washingtonar.us Ms. Donna Hayden Lyles Attorney at Law 112 South East Avenue Fayetteville, AR 72701 Mr. Kit Williams Fayetteville City Attomey 113 W. Mountain Street, Suite 302 Fayetteville, AR 72701 KAREN S. MORROW OFFICIAL COURT REPORTER E-MAIL: kmormw@co.washingtonar.us JOAN LESTER CASE COORDINATOR E-MAIL: jlester@co.washington.ar.us RE: Kathy D. Skelton vs Board of Trustees of Fayetteville Fireman's Relief and Pension Fund, Washington County No. CIV 2001-544 LETTER OPINION Dear Attorneys: This case is presented to the Court by means of the stipulated facts filed for record on September 28, 2001. The parties have agreed that this Court has proper jurisdiction to decide this controversy. The briefing schedule was expanded after Ms Lyles was hired as attorney for the plaintiff and the Court now has all bnefs completed. The stipulated facts show that the plaintiff was mamed to Roy Skelton on September 6, 1974 and divorced from him on September 9th, 1998. Roy Skelton retired from the Fayetteville Fire Department on February 15th, 1990. Upon divorce, the Qualified Domestic Relations Order filed in case number E-98-804 provided that Kathy Skelton was entitled to receive 33.035 percent of Roy A. Skelton's regular retirement pay, so long as Roy Skelton might be entitled to receive said benefit Of course, upon his death Roy Skelton was not entitled to • receive any benefit, however, pursuant to ACA §24-11-820, a child enrolled in an • Page 2 December 21, 2001 institution of higher education as a full time student and under the age of 23 can receive Mr. Skelton's benefits The QDRO also provided that the Order does not require the Firemen Relief and Pension Fund to provide any type of benefit to Roy or Kathy Skelton which was not otherwise provided by law. Since Kathy Skelton is not spouse of Roy Skelton, she is not entitled to receive any benefit as a surviving spouse, since she is not a surviving spouse. Her right to approximately one-third of Roy Skelton's retirement benefit was contingent on Roy Skelton being alive and receiving a retirement pension. When Roy Skelton died, she no longer was eligible to receive any pension, however, his two eligible children will be allowed to split his pension until they no longer qualify pursuant to Arkansas Code Annotated §24-11-820(b)(2)(A) Therefore this Court affirms the decision of the Board of Trustees of the Fayetteville Fireman's Relief and Pension Fund denying appellant Kathy D. • Skelton pension benefits following the death of Roy Skelton. You will please find enclosed herein and attached hereto an Order denying the appeal and dismissing this case. Thanking you for the excellent briefs you have provided, I remain, Sincerely, im . Smith Circu Judge •