Estero Fire retirement plan could violate state law

Estero Fire Chief Jeff Lindsey and seven other higher up employees may be violating state law because the former chief encouraged them to enroll in the wrong retirement program, Lindsey told commissioners during their meeting this morning.

Lindsey and the employees have about $1.1 million invested in their 401K plans, which he said could be used to buy them into the state-approved 175 plan.

According to Lindsey, former Estero Fire Chief Dennis Merrifield encouraged the eight individuals to sign a waiver in 2003 that committed them to the 401K plan. This waiver was supposed to put them in compliance with state law, but Lindsey said he has his doubts.

"I've never been comfortable with it," he said.

Lindsey asked fire commissioners to consider switching the eight employees to the district's 175 retirement program.

Commissioners advised Lindsey to check out the details of switching retirement plans, specifically how much the buy-out would cost the district.

Commissioner Sam Levy also wants the employees to sign another waiver, this time stating they agree to allow the district to use their 401K funds to buy them into the 175 plan.

If the employees cannot buy into the plan, they will not be able to count the years they have already served toward their retirements, Lindsey said.

There are two plans that fire personnel can be enrolled in according to state statutes, and Estero Fire opted to go with the 175 plan, he said.

That plan is not necessarily better than the 401K for employees, but it would tie up any lose ends, he said.

Lindsey was officially hired as chief of Estero Fire in April. He had served as interim chief since December, when Dennis Merrifield resigned his eight-year stint as chief.

Lindsey was operations chief of Estero Fire before stepping into Merrifield's old position.

Merrifield was recently hired as chief of the Statesboro Fire Department in Georgia.