STATE EMPLOYEES RETIREMENT COMMISSION
LEGAL AND PERSONNEL SUBCOMMITTEE
MINUTES OF MEETING

November 8, 2017

PRESENT
Peter Adomeit, Chair
Michael Carey, Trustee
Charles Casella, Trustee
Robert Coffey, Trustee
Bruce Barth, Commission Counsel for IRS Matters
Cindy Cieslak, Commission Counsel
Michael Rose, Commission Counsel
John Herrington, Retirement Services Division Director

The Chair called the meeting to order at 8:40 a.m. and asked the members to consider Item II on the agenda, the approval of the agenda.

Mr. Carey moved, seconded by Mr. Casella to approve the agenda. All voted in favor.
At 8:41 a.m., the Chair called for New Business. Mr. Casella advised the Subcommittee that the Commission had been informed at its last meeting that five towns have withdrawn from CMERS. Mr. Casella asked Director Herrington if he could find out how the withdrawals had been accomplished and how the CMERS Fund was protected.

At 8:46 a.m., Mr. Carey moved, seconded by Mr. Casella to go into Executive Session to discuss the following agenda items:
1. MEB Update - written legal opinion - discussion and possible recommendation.
2. Lynch appeal - written legal opinion - discussion and possible recommendation.
3. Soracchi petition for declaratory ruling - written legal opinion discussion and possible recommendation.
4. Conn. Gen. Stat. 5-192b(c) interpretation - written legal opinion discussion and possible recommendation.
5. SAG Award Update- written legal opinion - discussion.
6. Bouchard - pending litigation - discussion.
7. Thompson - pending litigation - discussion.
8. Carter - pending litigation - discussion.
9. Walenski - pending litigation - discussion.
10. Status of 2017 CMERS Surveys - written legal opinion - discussion and possible action.
and to invite Attorney Rose, Attorney Cieslak, Attorney Barth and Director Herrington to participate in the discussions. All voted in favor.

At 10:28 a.m., Mr. Carey moved, seconded by Mr. Casella to come out of Executive Session. All voted in favor.

At 10:29 a.m., a brief discussion was held on the need to obtain a list of pending overpayments.

At 10:30 a.m., Mr. Carey moved, seconded by Mr. Casella to recommend to the Commission that it direct the Division, to use the date of the hearing when the MEB determines that the member is no longer disabled as, not only the date when the benefit ceases, but also the date that service credit for the disability retirement ceases, absent evidence of fraud committed by the retiree. All voted in favor.

At 10:35 a.m., Mr. Carey moved, seconded by Mr. Casella to recommend to the Commission that it direct Counsel to prepare a notice to Stephen Lynch denying his request for placement in Tier I based on the timeliness of the request and that Tier II placement is appropriate in this case. All voted in favor.

At 10:37 a.m., Mr. Carey moved, seconded by Mr. Casella to recommend to the Commission that it direct the Division to immediately suspend the retirement benefits of the eight CMERS retirees (Rotchford, Crespo, Sadlowski, Baldino, Krawjewski, Coco, Carvalho and Trabka) found to be in violation of the reemployment statute from the 2017 Survey until they prove they are in compliance, not reinstate them in January 2018 unless they have proven compliance, and to seek recoupment of overpayments. All voted in favor.

At 10:48 a.m., Mr. Carey moved, seconded by Mr. Casella to recommend to the Commission that it grant administrative authority to the Division to suspend the retirement benefits of individuals, with a subsequent report to the Commission, when it receives information that they are not in compliance with the reemployment statute and to seek recoupment of overpayments. All voted in favor.

At 11:53 a.m., Mr. Carey moved, seconded by Mr. Casella to adjourn. All voted in favor. The meeting adjourned.

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