Minutes of Meeting June 12, 2019 Legal & Personnel Subcommittee State Employees Retirement Commission

Retirement division memo header

Meeting of the Legal & Personnel Subcommittee of the State Employees Retirement Commission

DATE:  June 12, 2019

PRESENT: Chairman Peter Adomeit
Trustee Michael Carey
Trustee Charles Casella
Trustee Robert Coffey
Commission Counsel Michael Rose (Rose Kallor, LLP)
Commission Counsel Cindy Cieslak (Rose Kallor, LLP)
Commission Tax Counsel Bruce Barth (Robinson & Cole LLP)
Commission Tax Counsel Alisha Sullivan (Robinson & Cole LLP)
John Herrington, Retirement Services Division Director

The Chairman called the meeting to order at 8:33 a.m.

At 8:33 a.m., Robert Coffey moved, seconded by Charles Casella to approve the agenda.  The Chairman asked if there was any discussion. There was a brief discussion as to whether Mr. Gulick�s matter, which was discussed last month and tabled by the Retirement Commission, should be added to the agenda or if it will be discussed next month.  Attorney Cieslak indicated that Mr. Gulick�s matter will likely be on the agenda next month.  Following the discussion, the Chairman called for a vote.  All voted in favor.

At 8:34 a.m., Chairman Adomeit called for new business. 

At 8:34 a.m., Robert Coffey moved, seconded by Charles Casella, to enter executive session for the purpose of discussing Items 1-17 on the agenda for executive session.  All voted in favor.  Commission Counsel Michael Rose and Cindy Cieslak, Commission Tax Counsel Bruce Barth and Alisha Sullivan, and John Herrington were invited into executive session for purposes of discussing Items 1-17.

Executive Session - discussion and possible recommendation

  1. SAG Award update - written legal opinion.
  2. Tier IV Summary Plan Description - written legal opinion.
  3. Prior Military Service Credit - written legal opinion.
  4. City of New London Police and Fire Survivors Benefit Fund - written legal opinion.
  5. CMERS Overpayments on Interest - written legal opinion.
  6. 2017 CMERS Surveys - written legal opinion.
  7. Members who do not respond to annual surveys - written legal opinion.
  8. Elaine Carvalho appeal - written legal opinion.
  9. Linda Guzzo request for reconsideration - written legal opinion.
  10. Lena Carter petition for declaratory ruling - written legal opinion.
  11. Brian Comerford petition for declaratory ruling - written legal opinion.
  12. Thompson - pending litigation. Dr. Ronald Johnson - pending litigation.
  13. Catherine Crandle - pending litigation.
  14. James Rizzio - pending litigation.
  15. David Carter/Richard Kay - pending litigation.
  16. Sen. Frantz retirement application - written legal opinion.

Mr. Herrington exited the meeting at 9:26 a.m.

At 10:05 a.m., Robert Coffey moved, seconded by Charles Casella to come out of executive session.  All voted in favor.

Item 8 regarding Elaine Carvalho�s appeal was not discussed in executive session and there was a consensus that the matter should be placed on the agenda for the next Subcommittee meeting.

At 10:05 a.m., Michael Carey moved, seconded by Charles Casella to recommend to the Commission that although Sen. Frantz would be designated a SERS member by statute, the calculation of his pension benefit would result in a monthly payment of $0, and that this analysis applies to anyone who is similarly situated.  All voted in favor.

At 10:06 a.m., Robert Coffey moved, seconded by Charles Casella to recommend that with respect to Item 5 the Commission direct the Division that with respect to individuals who have been refunded interest in excess of the CMERS statute, the amount in excess be recovered and this should be communicated to those individuals by means of a letter. All voted in favor.

At 10:07 a.m., Michael Carey, seconded by Robert Coffey to recommend that the Commission direct the Division to attempt to collect on the overpayments of CMERS benefits relating to the Commission�s directive dated November 16, 2017 unless the member can satisfy the requirements of a waiver of overpayment. All voted in favor.

At 10:08 a.m., Michael Carey moved, seconded by Robert Coffey to recommend that the Commission instruct the Division to prepare procedures for notification to members advising that failure to respond to annual surveys will result in a suspension of their monthly benefits, and the Division should submit these procedures to the Commission for approval.  All voted in favor.

At 10:09 a.m., the Chairman called for Old Business. No old business was discussed.

MEETING ADJOURNED:  With no further business before the Subcommittee, at 10:10 a.m., Robert Coffey moved, seconded by Charles Casella, to adjourn.  All voted in favor.  Meeting adjourned. 

 

Respectfully submitted, 

Robert Coffey 

Return to Meetings, Agendas and Minutes Home Page
Return to Comptroller's Home Page