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

DATE: March 13, 2019

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

The Chair called the meeting to order at 8:35 a.m.

At 8:36 a.m., Charles Casella moved, seconded by Michael Carey to amend the agenda to include an Update regarding the SAG Award as Item 14 under Executive Session in connection with a written legal opinion. All voted in favor.

At 8:36 a.m., Charles Casella moved, seconded by Michael Carey to approve the agenda. All voted in favor.

At 8:36 a.m., Chairman Adomeit called for new business.

At 8:36 a.m., Charles Casella moved, seconded by Michael Carey, to enter executive session for the purpose of discussing item nos. 1-14 on the agenda for executive session. All voted in favor. Commission Counsel Michael Rose and Cindy Cieslak and Commission Tax Counsel Bruce Barth and Alisha Sullivan were invited into executive session for purposes of discussing all items. John Herrington, Retirement Services Division Director, was invited into executive session for purposes of discussing Items 1 and 2.

Executive Session - discussion and possible recommendation

1. CMERS interest crediting - written legal opinion.
2. Prior Military Service Credit - written legal opinion.
3. Sen. Frantz - written legal opinion.
4. Summary Plan Descriptions - written legal opinion.
5. Determination letter update - written legal opinion.
6. Jeremy Wiganowske - pending claim/written legal opinion.
7. William Dietrich - pending claim/written legal opinion.
8. Town of Thompson - pending litigation.
9. Catherine Crandle - pending litigation.
10. Ronald Johnson - pending litigation.
11. James Rizzio - pending litigation.
12. David Carter - pending litigation.
13. Richard Kay - pending litigation.
14. Update re: SAG Award - written legal opinion.

John Herrington exited the meeting at 9:18 a.m.

At 10:18 a.m., Charles Casella moved, seconded by Michael Carey, to come out of executive session. All voted in favor.

At 10:18 a.m., Michael Carey moved, seconded by Charles Casella, to recommend to the Commission that based upon the facts presented in connection with Mr. Frantz�s retirement application, the Commission should instruct the Division that there are no retirement benefits for which Mr. Frantz is eligible. All voted in favor.

At 10:19 a.m., Michael Carey moved, seconded by Charles Casella, to recommend to the Commission that based upon the facts of this case, the Commission should conclude that the accident occurred under circumstances which qualify for a work-related injury, and therefore, the Commission should remand Mr. Dietrich�s case to the Medical Examining Board for the purpose of determining with a reasonable degree of medical probability whether this accident, which occurred in a state parking lot immediately prior to the start of Mr. Dietrich's shift, was a substantial contributing factor in the disability status that prompted Mr. Dietrich's retirement, and the Commission should decline to issue a declaratory ruling at this time. All voted in favor.

At 10:21 a.m., Chairman Adomeit called for Old Business. No old business was discussed.

MEETING ADJOURNED: At 10:21 a.m., Charles Casella moved, seconded by Michael Carey, to adjourn. All voted in favor. Meeting adjourned.

Respectfully submitted,

Charles Casella

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