Retirement Services Division STATE EMPLOYEE RETIREMENT COMMISSION SUBCOMMITTEE ON REGULATIONS AND OVERPAYMENTS MEETING

STATE EMPLOYEE RETIREMENT COMMISSION
SUBCOMMITTEE ON REGULATIONS AND OVERPAYMENTS
MINUTES OF NOVEMBER 30, 2010 MEETING

TRUSTEES PRESENT:

Charles Casella, Robert Coffey, Thomas Culley, Linda Yelmini.

OTHERS PRESENT

Helen M. Kemp, Assistant Director, Retirement Services Division

The meeting started at 1:09 p.m.The Subcommittee discussed the following requests for waivers of the repayment of an overpayment:

A. The Reidy Situation (MERS) - (contingent annuitants) Overpayment due to SSDI.

Three daughters of deceased member have been overpaid due to the member's unreported SSDI award. This item consists of three waiver requests: one from each of the daughters (he chose a twenty year certain & each daughter is a contingent annuitant under that option). This item is on remand from the Retirement Commission to determine the issue of financial hardship.

Action: Ms. Yelmini moved; Mr. Culley second to recommend to the Commission to deny the requests for a waiver of repayment of an overpayment with regard to the two older daughters as these two contingent annuitants failed to meet all the statutory and regulatory requirements required for approval and to approve the request for a waiver for the youngest (minor) daughter as she did meet all the statutory and regulatory requirements required for approval. Unanimous decision.

B. Juan Alvarado (MERS) (member) - Overpayment of $2,558.48 due to receiving a workers compensation award and not reporting it to MERS.

Action: Ms. Yelmini moved; Mr. Culley second to recommend to the Commission to deny the request for a waiver of repayment of an overpayment as Mr. Alvarado failed to meet all the statutory and regulatory requirements required for approval. Unanimous decision.

C. Oreste Colindo (MERS) (member) - Overpayment of $ 26,020.65 due to receiving a workers compensation award and not reporting it to MERS.

Action: Mr. Coffey moved; Ms. Yelmini second to recommend to the Commission to deny the request for a waiver of repayment of an overpayment as Mr. Alvarado failed to meet all the statutory and regulatory requirements required for approval. Unanimous decision.

D. Frank Kania (SERS) (member) - Overpayment of $5,543.66 due to decrease in state police supplemental benefit.

Action: Ms. Yelmini moved; Mr. Culley second to recommend to the Commission to deny the request for a waiver of repayment of an overpayment as Mr. Kania failed to meet all the statutory and regulatory requirements required for approval. Unanimous decision.

E. Hilda Quevedo (MERS) (contingent annuitant) - Overpayment of $1,501.49 due to an error in the final average earnings used to calculate the retirement benefit.

Action: Ms. Yelmini moved; Mr. Culley second to recommend to the Commission to deny the request for a waiver of repayment of an overpayment as Mrs. Quevedo failed to meet all the statutory and regulatory requirements required for approval. Unanimous decision.

F. Amy Vasnunes (SERS (member) - Overpayment of $18,811.03 due to receipt of retroactive social security disability benefits.

Action: Mr. Casella moved; Ms. Yelmini second to recommend to the Commission to deny the request for a waiver of repayment of an overpayment as Ms. Vasnunes failed to meet all the statutory and regulatory requirements required for approval. Unanimous decision.

The meeting adjourned at approximately 2:35 p.m.

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