MINUTES OF MEETING
STATE EMPLOYEES RETIREMENT COMMISSION
OFFICE OF THE STATE COMPTROLLER
55 ELM STREET
HARTFORD, CONNECTICUT 06106

November 17, 2011

TRUSTEES PRESENT
Peter R. Blum, Chair
Bob Baus
Charles Casella
Thomas Culley
Michael Carey
Claude Poulin
Sal Luciano
Steve Greatorex
Sandra Fae Brown-Brewton
James Dzurenda
Robert Coffey
Richard Cosgrove
Paul Fortier - had to leave before votes taken
Ronald McLellan

TRUSTEES ABSENT
Linda Yelmini

EX OFFICIO MEMBERS
Deputy Comptroller Martha Carlson, Designee for State Comptroller Kevin Lembo
Lee Ann Palladino, Treasury, Designee for State Treasurer Denise Nappier

MUNICIPAL LIAISON
Thomas Landry

OTHERS PRESENT
Deputy Treasurer Jonathan Harris
Brenda Halpin, Director, Retirement Services Division
Attorney Helen Kemp, Asst. Director and Division Counsel, Retirement Services Div.
Jeanne Kopek, Asst. Director, Retirement Services Division
Colin Newman, Asst. Director, Retirement Services Division
Attorney Natalie Braswell, General Counsel to the State Comptroller
Peggy Gray, Executive Assistant, Retirement Services Division

GUESTS
George Spurlock, CEIU

CALL TO ORDER
The Chairman called the meeting to order at 9:10 am

DIVISION DIRECTOR'S ADMINISTRATIVE AND SUBCOMMITTEE REPORTS

Following the close of the November 2011 retirement payroll, the current backlog of unfinalized retirement records is approximately 13,168. The Division processed 64 new retirees to the payroll (45 normal, 19 disabilities). Finalizations for the month were 85. Finalization audits are now being completed for 2006.

Pending Disability Applications as of October 30, 2011

Pending Applications 58
Pending Applications waiting for documentation 296
Applications Scheduled for upcoming meetings 108
Total Pending 462

For the month of October

Number of Applications Received 20
Number of Applications on Agenda 46
Number of Applications Approved 18

We are reviewing November 2011 cases. Due to the increased number of Medical Examining Board meetings we have been able to reduce the waiting period for new cases down to four months instead of the previous waiting period of seven months. The next available meeting for scheduling is March 2012.

The 2011 Benefits Statements are expected to be mailed on or about December 1st.

A copy of the letter to Cavanaugh Macdonald Consulting requesting the interim valuation has been provided for your information.

On November 9th a kick-off meeting was held with the consultants, Cherry Road regarding the PeopleSoft Upgrade which includes the Retirement Payroll conversion to Core-CT. The proposed timeline for the implementation is January 2013. I will provide updates as the project progresses.

NEW MATTERS

1. REQUEST COMMISSION APPROVAL OF THE OCTOBER 20, 2011 MINUTES Mr. Poulin moved, seconded by Mr. Greatorex to approve the October 20, 2011 minutes to include Mr. Culley casting a yes vote on item 14. All voted in favor

Unanimous Decision

2. REQUEST COMMISSION APPROVAL OF THE STATE EMPLOYEES RETIREMENT COMMISSION CHAIRMAN'S PER DIEM EXPENSES REIMBURSEMENTS Mr. Cosgrove moved, seconded by Mr. Greatorex to approve the State Employees Retirement Commission Chairman's Per Diem Expenses. All voted in favor

Unanimous Decision

3. REQUEST COMMISSION APPROVAL FOR THE CALENDAR OF THE STATE EMPLOYEES RETIREMENT COMMISSION MEETINGS AS PRESENTED IN THE DRAFT DOCUMENT Mr.Greatorex moved, seconded by Mr. Poulin to approve the calendar of the State Employees Retirement Commission meetings for the year 2012 as presented in the draft document. All voted in favor

Unanimous Decision

4. REQUEST COMMISSION APPROVAL OF THE STATE EMPLOYEES RETIREMENT SYSTEM SERVICE RETIREMENTS FOR THE MONTH OF OCTOBER 2011 Mr. Greatorex moved, seconded by Mr. Poulin to approve the State Employees Retirement System Service Retirements for the month of October 2011. All voted in favor Mr. Cosgrove Abstained

Majority Decision

5. REQUEST COMMISSION APPROVAL OF THE STATE EMPLOYEES RETIREMENT SYSTEM VOLUNTARY PENDING DISABILITY RETIREMENTS FOR THE MONTH OF OCTOBER 2011 Mr. Cosgrove moved, seconded by Mr. Poulin to approve the State Employees Retirement System Voluntary Pending Disability Retirements for the month of October 2011. All voted in favor

Unanimous Decision

6. REQUEST COMMISSION APPROVAL OF THE STATE EMPLOYEES RETIREMENT SYSTEM DISABILITY RETIREMENTS FOR THE MONTH OF OCTOBER 2011 Mr. Cosgrove moved, seconded by Mr. Poulin to approve the State Employees Retirement System Disability Retirements for the month of October 2011. All voted in favor

Unanimous Decision

7. REQUEST COMMISSION APPROVAL OF THE STATE EMPLOYEES RETIREMENT SYSTEM RETROACTIVE RETIREMENTS FOR THE MONTH OF OCTOBER 2011 Mr. Cosgrove moved, seconded by Mr. Poulin to approve the State Employees Retirement System Retroactive Retirements for the month of October 2011.
All voted in favor

Unanimous Decision

8. REQUEST COMMISSION APPROVAL OF THE STATE EMPLOYEES RETIREMENT SYSTEM PRE RETIREMENT DEATH BENEFIT RETIREMENTS FOR THE MONTH OF OCTOBER 2011 Mr. Cosgrove moved, seconded by Mr. Poulin to approve the State Employees Retirement System Pre Retirement Death Benefit Retirements for the month of October 2011. All voted in favor

Unanimous Decision

9. REQUEST COMMISSION APPROVAL OF THE CONNECTICUT PROBATE JUDGES AND EMPLOYEES RETIREMENT SYSTEM SERVICE RETIREMENTS FOR OCTOBER 2011 Mr. Cosgrove moved, seconded by Mr. Poulin to approve the Connecticut Probate Judges and Employees Retirement System Service Retirements for October 2011. All voted in favor

Unanimous Decision

10. REQUEST COMMISSION APPROVAL OF THE JUDGES, FAMILY MAGISTRATES AND COMPENSATION COMMISSIONERS RETIREMENT SYSTEM RETIREMENTS FOR OCTOBER 2011 Mr. Cosgrove moved, seconded by Mr. Poulin to approve the Judges, Family Magistrates and Compensation Commissioners Retirement System Retirements for October 2011. All voted in favor

Unanimous Decision

11. REQUEST COMMISSION APPROVAL OF THE CONNECTICUT PROBATE JUDGES AND EMPLOYEES RETIREMENT FUND PERSONAL EXPENSES FOR THE MONTH OF OCTOBER 2011 Mr. Cosgrove moved, seconded by Mr. Poulin to approve the Connecticut Probate Judges and Employees Retirement Fund Personal Expenses for the month of October 2011. All voted in favor

Unanimous Decision

12. REQUEST COMMISSION APPROVAL OF THE CONNECTICUT PROBATE JUDGES AND EMPLOYEES RETIREMENT FUND PERSONAL EXPENSES FOR THE MONTH OF AUGUST 2011 Mr. Cosgrove moved, seconded by Mr. Poulin to approve the Connecticut Probate Judges and Employees Retirement Fund Personal Expenses for the month of August 2011. All voted in favor

Unanimous Decision

13. REQUEST COMMISSION APPROVAL OF THE MUNICIPAL EMPLOYEES RETIREMENT SYSTEM RETIREMENTS Mr. Cosgrove moved, seconded by Mr. Poulin to approve the Municipal Employees Retirement System Retirements. All voted in favor

Unanimous Decision

14. REQUEST COMMISSION APPROVAL OF THE STATE EMPLOYEES RETIREMENT COMMISSION MANAGEMENT TRUSTEE'S PER DIEM AND TRAVEL EXPENSES REIMBURSEMENTS FOR THE MONTH OF OCTOBER 2011
Ms. Brown-Brewton moved, seconded by Mr. Greatorex to approve the State Employees Retirement Commission Management Trustee's Per Diem and Travel Expenses Reimbursements for the month of October 2011. All voted in favor Mr. Baus Abstained

Majority Decision

15. REQUEST COMMISSION APPROVAL OF THE STATE EMPLOYEES RETIREMENT COMMISSION UNION TRUSTEE'S PER DIEM AND TRAVEL EXPENSES REIMBURSEMENTS FOR THE MONTH OF OCTOBER 2011 Ms Brown-Brewton moved, seconded by Mr. Greatorex to approve the State Employees Retirement Commission Union Trustee's Per Diem and Travel Expenses Reimbursements for the month of October 2011. All voted in favor Mr Poulin Abstained

Majority Decision

16. CONNECTICUT POLICEMEN AND FIREMEN SURVIVORS' BENEFIT FUND BALANCE SHEET AS OF JUNE 30, 2011 No vote needed

17. CONNECTICUT POLICEMAN AND FIREMEN SURVIVORS' BENEFIT FUND STATEMENT OF OPERATIONS FOR THE FISCAL YEAR ENDING JUNE 30, 2011 No voted needed

18. REQUEST COMMISSION APPROVAL OF THE STATE EMPLOYEES RETIREMENT COMMISSION TRUSTEE CHARLES CASELLA'S PARKING EXPENSES REIMBURSEMENT FROM NOVEMBER 17, 2010 TO NOVEMBER 4, 2011 Mr. Cosgrove moved, seconded by Mr. Coffey to approve the State Employees Retirement Commission Trustee Charles Casella's Parking Expenses Reimbursement from November 17, 2010 to November 4, 2011. All voted in favor Mr. Casella Abstained

Majority Decision

19. REQUEST COMMISSION APPROVAL OF THE PARTICIPATION OF THE BRIDGEPORT FIREFIGHTERS IN THE CONNECTICUT MUNICIPAL EMPLOYEES RETIREMENT SYSTEM EFFECTIVE APRIL 1, 2012 Mr. Greatorex moved, seconded by Mr. Cosgrove to approve participation of the Bridgeport Firefighters in the Connecticut Municipal Employees Retirement System effective April 1, 2012. All voted in favor

Unanimous Decision

Prior to entering Executive Session to discuss Items 20 and 21, the Chairman brought to the Commission his concerns regarding the conduct of Executive Sessions. He presented each Trustee with a small booklet on the highlights of the Connecticut Freedom of Information Act and a copy of the relevant statute. The Trustees discussed their understanding of the Act in this area. Questions were raised with regard to eligibility to attend Executive Sessions and whether the Trustees had the authority to designate others in their stead if they were unable to attend the meeting.

20. DISCUSSION WITH REGARD TO LITIGATION STRATEGY RELATIVE TO THE COURT ACTION AT NOVEMBER 4, 2011 STATUS CONFERENCE IN THE MATTER OF DANIEL MICARI At 9:42 am Mr. Baus moved, seconded by Mr. Poulin to go into Executive Session to discuss Item #20. The item was closed except to Trustees and Members. Division Counsel, Helen Kemp was invited to stay +and give a report on the status conference and to discuss the case and litigation strategy. At 9:55 am Mr. Cosgrove moved, seconded by Mr. Greatorex to come out of Executive Session. All voted in favor. No action was taken on this item

Unanimous Decision

21. REPORT ON THE SUBCOMMITTEE STATUS/ACTIONWITH REGARD TO THE RFP TO OBTAIN OUTSIDE LEGAL COUNSEL FOR ADVICE ON PLAN ADMINISTRATION AND QUALIFICATIONS UNDER IRC SECTION 401 (a) AND SUBSEQUENT ACTION THAT MAY BE REQUIRED BY THE COMMISSION AND/OR OSC WITH REGARD TO THE SECTION 415 ISSUE At 9:56 am Mr. Greatorex moved, seconded by Mr. Poulin to enter into Executive Session to discuss the qualifications of the counsel to be hired and the recommendation of the Personnel and Legal Subcommittee. The item was closed except to Trustees and named Members. At approximately 10:06 am the Division Counsel was invited into the meeting to discuss the results of the reference checks she had conducted. Division Counsel left the meeting at approximately 10:14 am.

At 10:20 pm Mr. Baus moved, seconded by Mr. Poulin to come out of Executive Session. All voted in favor.

Unanimous Decision

Mr. Greatorex moved, seconded by Mr. Baus to accept the recommendations of the Personnel and Legal Subcommittee and recommend to the Office of the Attorney General that the following firm (in order of rank) be hired:
1. Ice-Miller
2. Robinson & Cole
3. Groom Law Group
All voted in favor

Unanimous Decision

22. DISCUSSION OF POTENTIAL CHANGE RELATED TO CONNECTICUT GENERAL STATUTE 7-432 WHICH GOVERNS MERS RETIREMENT DISABILITY BENEFITS Mr. Cosgrove moved, seconded by Mr. Poulin to table this item to the January 2012 meeting. All voted in favor

Unanimous Decision

TABLED MATTER

DISCUSSION OF POTENTIAL COMMISSION REGULATION WTH REGARD TO A STATUTE OF LIMITATIONS FOR CLAIMS BROUGHT TO THE RETIREMENT COMMISSION AND IN FRONT OF THE MEDICAL EXAMINING BOARD
The proposed regulation was discussed. Mr. Casella asked if the proposed regulation applied equally to both the Commission and the claimant. Division Counsel replied that she believed it only applied to claimants that a statute of limitations did not apply to the State (Employees Retirement Commission) Ms. Brown-Brewton moved, seconded by Mr. Luciano to accept the proposed regulation as drafted and to instruct Division Counsel to proceed with the steps necessary for adoption. Mr. Casella voted NO. Mr. Baus, Mr. Culley, Mr. Carey, Mr. Poulin, Mr. Luciano, Mr. Greatorex, Ms. Brown-Brewton, Mr. Dzurenda, Mr. Coffey, Mr. Cosgrove, Mr. McLellan voted YES

Majority Decision

ADJOURNMENT

At 10:25 am Mr. Baus moved, seconded by Mr. Greatorex to adjourn. All voted in favor

__________________ _________________
Brenda K. Halpin, Director Peter R. Blum, Chair
Retirement Services Division

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