STATE EMPLOYEES RETIREMENT COMMISSION

LEGAL AND PERSONNEL SUBCOMMITTEE

MINUTES OF MEETING

December 9, 2015

TRUSTEES PRESENT

Peter Adomeit
Michael Carey
Charles Casella
Robert Coffey
Michael Rose, Counsel for the Commission
Cindy Cieslak, Counsel to the Commission

The Chairman called the meeting to order at 8:36 a.m. and asked the members to consider Item II on the agenda, the Approval of the Agenda. Mr. Coffey moved, seconded by Mr. Casella to approve the agenda posted on the State Comptroller's website with the addition of Item 10, Fraud Case Update. All voted in favor.

At 8:40 a.m., Mr. Coffey moved, seconded by Mr. Casella to go into Executive Session for the purpose of reviewing written advice from Counsel and discussing pending litigation regarding the following items below listed under new business on the agenda and to invite Attorney Rose and Attorney Cieslak to attend. All voted in favor.

Whitman Matter
Sullivan MEB Petition
Zimberlin FOI Matter
Brown Update
Thompson -UPSEU Update
Review of Due Process Matters

At 9:29 a.m., Mr. Coffey moved, seconded by Mr. Carey to come out of Executive Session. All voted in favor. No motions were made in the Public Session regarding the matters discussed in Executive Session.

At 9:30 a.m., the subcommittee took up Item 8 on the agenda, an update on the review of current regulations pertaining to SERC that are out of date. The Chair reported that the State Comptroller's Legal Counsel has undertaken the review. He also reported that he anticipated written proposals would be ready by January, 2016. No action was taken on this item.

At 9:37 a.m., the subcommittee took up agenda Item 4, Website FAQ Update. The Chair recommended that the state retirement FAQ's on the State Comptroller's website be updated to reflect the latest actions by SERC and to include any new subjects that were generating inquiries and were not currently included in the FAQ's. He noted that such an update might reduce the demand for advisory opinions from SERC on matters that have not become cases challenging decisions made by the Retirement Division. There was consensus that the Chair should place this subject on the agenda of the next SERC meeting.

At 9:42 a.m., the subcommittee took up agenda Item 9, Case History for Hemingway Disability. The subcommittee reached consensus that Attorney Rose should write to Ms. Hemingway's attorney, acknowledging receipt of his letter and recommending to him that he take any action he deems appropriate to protect and pursue Ms. Hemingway's rights. Attorney Rose was directed to look into the issues raised by Ms. Hemingway's attorney.

At 9:50 a.m., the subcommittee took up Item 10, Fraud Case Update. The Chair reported that the Deputy Comptroller advised him that the Retirement Division has discovered a case in which a retiree's family continued to collect pension payments for a period of time after the retiree's death. This is all the information that was given to the Chair and more will be coming shortly.

At 9:57 a.m., Mr. Coffey moved, seconded by Mr. Carey to adjourn. All voted in favor. The meeting adjourned at 9:57 a.m.

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