STATE EMPLOYEE RETIREMENT COMMISSION
SUBCOMMITTEE ON REGULATIONS AND OVERPAYMENTS

MINUTES OF APRIL 11, 2012 MEETING

TRUSTEES PRESENT:

Michael Carey, Charles Casella, Robert Coffey, Thomas Culley.

OTHERS PRESENT

Helen M. Kemp, Assistant Director, Retirement Services Division
Brenda Halpin, Director, Retirement Services Division
Thomas Clifford, Esq., Assistant Attorney General
Richard Sponzo, Esq. Assistant Attorney General

The meeting started at 2:05 p.m. Mr. Casella moved to go into executive session to discuss with Attorneys Clifford and Sponzo the legal issues and strategies concerning the Bray and Eckert court filings. Retirement Services Division staff were invited to remain for the discussion. Mr. Coffey second. Unanimous.

Mr. Coffey moved and Mr. Culley second to come out of executive session at 3:34 p.m. No action was taken. Attorneys Clifford and Sponzo left the meeting.

The subcommittee directed the Division to invite a representative from the Office of the Chief State's Attorney to attend the next subcommittee meeting to discuss a working relationship between the OCSA and the Retirement Commission with respect to overpayment (and other) cases where fraud has been found by the Retirement Commission.

The Subcommittee discussed the following requests for waivers of the repayment of an overpayment.

Victoria Demartino (SERS) - (member) - overpayment due to agency error

Action: Mr. Coffey moved; Mr. Culley second to recommend to the Commission to deny her request for a waiver of repayment of an overpayment as Mrs. Demartino did not meet all the statutory and regulatory requirements required for approval. Unanimous decision.

Shirlene Lewis (SERS) - (member) - Overpayment due to agency error

Action: Mr. Coffey moved; Mr. Carey second to table action on this item until the next subcommittee meeting and requested the Division to obtain additional financial information from Ms. Lewis relative to her wavier request. Unanimous decision.

Lorraine Montesi (SERS) - (member) -Overpayment due to receiving a social security disability benefit.

In addition to discussing whether Ms. Montesi met the statutory criteria for waiver, the subcommittee also discussed whether the overpayment statute or the regulation permitted it to recommend partial waivers to the Commission. The subcommittee directed the Division to put the issue of partial waivers on the agenda of the next Commission meeting for discussion by the Commission.

Action: Mr. Culley moved; Mr. Coffey second to table action on this item until the Commission has reviewed the issue of partial waivers. Unanimous decision.

The meeting was adjourned at 4:40 p.m.

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