Retirement Services Division September 10, 2014 Minutes of the Retirement Commission Legal & Personnel Subcommittee

Subcommittee on Legal and Personnel Matters
Meeting of September 10, 2014, 8:30 AM
OSC, 55 Elm Street, Hartford, CT

Present: Chairman Peter Blum; Trustees Michael Carey, Charles Casella, Paul Fortier and Robert Coffey; Commission Legal Counsels Michael Rose and Cynthia Christie.

The meeting came to order at 8:30 AM. Mr. Casella moved to go into Executive Session to discuss legal strategy with Commission Counsel concerning the following matters: Sampieri; Brown; Maturo; Sataline; Town of Monteville; Town of Mansfield; Town of East Haven; Town of Thompson; Cruz-Aponte and related cases; Fieldhouse; and the regulatory research project and to invite Attorney Rose to attend and participate in the discussion. Mr. Fortier seconded and the motion was approved unanimously.

When the discussion ended, Mr. Carey moved to come out of Executive Session. Mr. Casella seconded and the motion was approved unanimously.

In Public Session, Mr. Coffey moved to recommend to the Retirement Commission that the pending matters regarding CMERS membership, raised by the Towns of Monteville, Mansfield, East Haven, and Thompson by referred to the Attorney General for an opinion. Mr. Carey seconded and the motion was approved unanimously.

Mr. Carey then moved to recommend to the Retirement Commission that it direct the Retirement Division,

  1. to strictly construe the mandates of C.G.S. Section 7-438, as articulated in the Commission's decision in the Maturo matter, and
  2. to cease pension payments to any retiree who is working for a participating municipality or in a manner that is inconsistent with C.G.S. Section 7-438.

It is the intent of this motion to provide direction from the Commission to the Division to reverse any prior action by the Commission that is inconsistent with the principles of the Maturo decision.

Mr. Casella seconded and the motion was approved unanimously.

Mr. Casella then moved to go into Executive Session to discuss legal strategy with Robinson and Cole on outstanding IRS legal matters and to invite Cynthia Christie of Robinson and Cole to attend and participate in the discussion. When the discussion ended, Mr. Fortier moved to come out of Executive Session. Mr. Carey seconded and the motion was approved unanimously.

The only motion that was made during the Public Session that followed was a motion to adjourn. At 11:05 AM, Mr. Fortier moved to adjourn. Mr. Casella seconded and the motion was approved unanimously.

Respectfully submitted,
Robert D. Coffey

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