January 13, 2016
Bruce Barth, Commission Counsel for IRS Matters
Devin Karas, Commission Counsel for IRS Matters
Michael Rose, Counsel for the Commission
The Chairman called the meeting to order at 8:30 a.m. and asked the members to consider Item 1 on the Regular Session agenda, the Contract with Robinson and Cole pertaining to IRS matters. After discussion with Attorney Barth, it was determined that the existing contract between SERC and Robinson and Cole need not be amended to permit them to receive assignments pertaining to the ARP Plan. Because the Law Firm of Shipman and Goodwin may be providing counsel to the State Comptroller's Office regarding the ARP Plan, the Chairman advised that he would discuss with the Office of the Comptroller the division of responsibilities between Robinson and Cole and Shipman and Goodwin.
At 8:45 a.m., Mr. Casella moved, seconded by Mr. Coffey 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 the Executive Session agenda and to invite Attorney Rose, Attorney Barth and Attorney Karas to attend. All voted in favor.
Following a discussion of Item 1, the ARP plan documents, Mr. Casella moved, seconded by Mr. Coffey to come out of Executive Session. All voted in favor.
At 9:10 a.m., Mr. Casella moved, seconded by Mr. Coffey to amend the agenda to include an update on the status of the IRC Sec. 415 matter and the codification of collective bargaining agreements and arbitration awards pertaining to SERS. All voted in favor.
Attorney Barth then briefed the subcommittee on the progress of efforts to provide information to employees on the impact of IRC Sec. 415 on their pension benefits. Brenda Halpin, Director of the Retirement Services Division, has provided Attorney Barth with a draft memorandum on the subject for his review that includes commonly asked questions. Attorney Barth plans to review the draft and place it on the next SERC meeting agenda for discussion and approval. He also reported that he has made progress on the codification project, working with information provided by Dan Livingston and Linda Yelmini. He does not yet have an expected date of completion.
At 9:40 a.m., Mr. Casella moved, seconded by Mr. Carey to return to Executive Session for the purpose of taking up Items 2 through 7 above, and to invite Attorneys Rose, Barth and Karas to participate in the discussion. All voted in favor.
10:30 - Mr. Coffey departs and the Subcommittee exits executive session
10:32 Motion to amend agenda to discuss Virginia Brown v. OSC/SERC (Pending litigation)
10:32 Motion to enter executive session to discuss pending litigation - Brown v. SERC.
10:45 Motion to exit executive session.
10:45 Motion was made to amend the agenda to discuss the current CMERS survey and status of the responses.
At 10:52, Mr. Carey moved, seconded by Mr. Casella, the following resolution:
At 11:00 Mr. Carey moved, and Mr. Casella seconded the following resolution:
At 11:06 Mr. Carey moved, seconded by Mr. Casella that the subcommittee recommend the Commission's adopts of the Hansen Declaratory Ruling as drafted and reviewed by the subcommittee.
At 11:07 Mr. Carey moved, seconded by Mr. Casella, to recommend to the Commission that the Sullivan petition be remanded to the MEB to consider petitioners claims of physical disability.
At 11:12 Mr. Carey moved, and Mr. Casella seconded that the subcommittee recommend to the Commission that it deny reconsideration of Mr. Whitman's request for reconsideration.
At 11:19 Mr. Carey moved and Mr. Casella seconded a resolution in which the subcommittee recommend denial of Ms. Bellonio's requested modification of benefit.
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