STATE EMPLOYEES RETIREMENT COMMISSION
LEGAL AND PERSONNEL SUBCOMMITTEE
MINUTES OF MEETING

September 7, 2016

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

The Chair called the meeting to order at 8:39 a.m. and asked the members to consider Item II on the agenda, the approval of the agenda.

At 8:40 a.m., Mr. Casella moved, seconded by Mr. Coffey to approve the agenda, changing the order in which the items would be considered, placing Item 13 Overpayments and Item 9 Statutory Changes, along with Item 1 CMERS-Suspensions at the beginning of the agenda to ensure full discussion of these matters during Attorney Barth’s period of availability. All voted in favor.

At 8:42 a.m., Mr. Casella moved, seconded by Mr. Coffey to go into Executive Session to consider written legal opinions concerning the CMERS Suspensions, Leff, Statutory Changes, Overpayments, Webb Appeal, Belden Letter, and Section 5-192(b) interpretation re: Tier II and pending litigation in the following matters: Bouchard, Brown, Maturo, Carver, Walenski, Etim and to invite Attorney Rose, Attorney Barth and Attorney Cieslak to participate in the discussions. All voted in favor.

At 11:10 a.m., Attorney Barth exited the meeting, via telephone.

At 11:15 a.m., Mr. Carey moved, seconded by Mr. Casella to come out of Executive Session. All voted in favor.

At 11:16 a.m., Mr. Carey moved, seconded by Mr. Casella, to recommend to the Commission that it authorize the Commission attorney to draft proposed legislation that would allow any CMERS retiree to be reemployed in a non-CMERS position without penalty. All voted in favor.

At 11:18 a.m., Mr. Carey moved, seconded by Mr. Casella to recommend to the Commission that, contingent upon receipt prior to the next SERC meeting by Robinson and Cole of information from the Town of Easton that the Town and the Easton Board of Education are considered the same employer or lack of receipt of such information on this subject, the CMERS pension of Diann Patterson be suspended. All voted in favor.

At 11:19 a.m., Mr. Carey moved, seconded by Mr. Casella to recommend to the Commission that it suspend the CMERS pension of Marie McKay. All voted in favor.

At 11:20 a.m., Mr. Carey moved, seconded by Mr. Casella to recommend to the Commission that CMERS retirees who did not respond to the 2016 survey by September 30, 2016 have their CMERS pension payments suspended and that for such CMERS retirees who do respond after that date, their pensions continue to be suspended until their cases are reviewed and resolved. All voted in favor.

At 11:22 a.m., Mr. Carey moved, seconded by Mr. Casella, to recommend to the Commission that it instruct the Division to not reinstate suspended CMERS pension in January, 2017 of retirees who were out of compliance for 2015 and 2016. All voted in favor.

At 11:26 a.m., Mr. Carey moved, seconded by Mr. Casella to recommend to the Commission that it deny the request of Timothy Webb for reconsideration of its decision to suspend his pension because the Town of Ellington is a participating municipality. All voted in favor.

At 11:29 a.m., Mr. Carey moved, seconded by Mr. Coffey to adjourn. All voted in favor. The meeting adjourned.

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