Retirement Services Division August 10, 2016 Minutes of the Retirement Commission Legal & Personnel Subcommittee

STATE EMPLOYEES RETIREMENT COMMISSION
LEGAL AND PERSONNEL SUBCOMMITTEE
MINUTES OF MEETING

August 10, 2016

TRUSTEES PRESENT
Peter Adomeit, Chair
Michael Carey
Charles Casella
Robert Coffey
Bruce Barth, Commission Counsel for IRS Matters
Cindy Cieslak, Counsel for the Commission

The Chair called the meeting to order at 8:38 a.m. and asked the members to consider Item II on the agenda, the approval of the agenda.

Mr. Casella moved, seconded by Mr. Carey to amend the agenda to include the Soracchi matter in Public Session. All voted in favor.

At 8:39 a.m., Mr. Coffey moved, seconded by Mr. Casella to approve the agenda as amended. All voted in favor.

At 8:40 a.m., the subcommittee took up the Soracchi matter.

At 8:45 a.m., Mr. Carey moved, seconded by Mr. Casella, to recommend to the Commission that it grant the requested extension of time until October 31and that Officer Soracchi be advised that no further extensions will be granted. All voted in favor.

At 8:50 a.m., Mr. Carey moved, seconded by Mr. Coffey to go into Executive Session to consider written legal opinions concerning the 2015 and 2016 CMERS Survey responses and the Krawiec petition for declaratory ruling and pending litigation in the following matters: Bouchard, Brown, Maturo Whitman, Carver, Walenski, and to invite Attorney Barth and Attorney Cieslak to participate in the discussions. All voted in favor.

At 11:45 a.m., Mr. Casella moved, seconded by Mr. Carey to come out of Executive Session. All voted in favor.

At 11:46 a.m., Mr. Carey moved, seconded by Mr. Casella, to recommend to the Commission that it suspend the CMERS pension payments for those retirees for whom the subcommittee has received surveys or other verification that the retiree has worked 20 or more hours per week or more than ninety working days in this calendar year. All voted in favor.

At 12:11 p.m., Mr. Carey moved, seconded by Mr. Casella to amend the agenda to receive updates on written opinions on IRC Section 415 and the SAG award. All voted in favor.

At 12:12 p.m., Mr. Carey moved, seconded by Mr. Casella to go into Executive Session to discuss written opinions on IRC Section 415 and the SAG award and to invite Attorney Barth and Attorney Cieslak to participate in the discussion. All voted in favor.

At 12:23 p.m., Mr. Carey moved, seconded by Mr. Casella to come out of Executive Session. All voted in favor. No motions were made in the Public Session following the Executive Session concerning IRC Section 415 and the SAG award.

At 12:24 p.m., Mr. Casella moved, seconded by Mr. Carey to adjourn. All voted in favor. The meeting adjourned.

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