STATE EMPLOYEE RETIREMENT COMMISSION
SUBCOMMITTEE ON REGULATIONS AND OVERPAYMENTS
MINUTES OF FEBRUARY 16, 2010 MEETING

MEMBERS PRESENT
Peter R. Blum, Chairman
Charles Casella
Thomas Culley
Robert Coffey

OTHERS PRESENT
Helen M. Kemp, Assistant Director, Retirement Services Division
Mark Ojakian, Deputy Comptroller

The meeting started at 1:04 p.m. Mr. Ojakian left the meeting at 2:00 p.m.

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

  1. James Mogob (MERS) - (member) Overpayment due incorrect calculation of final average earnings in 1999. Motion by Charles Casella, second by Thomas Culley to recommend to the Commission to deny the request for the waiver of overpayment and to implement a 24 month repayment plan to recover the overpayment. Unanimous decision.
  2. Robert Boggan (MERS) - Overpayment due to receiving a social security disability award and not reporting it to MERS. Motion by Robert Coffey, second by Thomas Culley to recommend to the Commission to deny the request for the waiver of overpayment and to implement a $25 per month repayment plan until such time repayment has been made. Unanimous decision.

At approximately 2:30 p.m., Mr. Culley moved; Mr. Coffey second to go into executive session to discuss Regulations/Legal/Procedures and also Settlement Issues Pending Sec. 5-142a Overpayment Items and to invite Division Counsel Helen Kemp to remain. Unanimous decision.

Mr. Casella moved, seconded by Mr. Coffey to come out of executive session at approximately 4: 30 p.m. Unanimous decision. Mr. Culley moved; second by Mr. Coffey to recommend to the Commission to settle and/or resolve the Cozzolino and Brey Sec. 5-142(a) matters to be discussed in executive session at the Commisison meeting. Unanimous decision.

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