State Employees Retirement Commission Meeting Minutes August 16, 2018

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DRAFT
STATE OF CONNECTICUT
STATE EMPLOYEES RETIREMENT COMMISSION

A regular meeting of the State Employees Retirement Commission (the "Commission") was held on August 16, 2018, in 7th Floor Conference Room at 55 Elm Street, Hartford Connecticut. The meeting convened at 9:00 a.m. and the following members of the Commission were present:

The following members of the Commission were absent:

Also present were:

Call to Order

Chairman Adomeit called the meeting to order at 9:06 a.m.

Chairman's Report

The Chairman announced that Ms. Karen Buffkin, Esq. will join the Commission as a management trustee.

Division Director's Report

August was an abnormally high retirement month. The Division worked tirelessly to generate approximately 6,000 estimated invoices for the population of ARP members that are eligible to transfer. Last month there was also an issue regarding the state aided agencies because they were not subject to 2017 SEBAC agreement contribution increase. The Division continues to work with the state aided agencies. The Division has also answered all the questions for the RFP for SSDI that was discussed at the last Retirement Commission meeting.

Division Director's Report

Disability Retirements

Pending Disability Applications as of 5/2018 6/2018 7/2018 8/2018
Pending Applications 326 295 289 273
Applications preliminary reviewed 63 65 62 65
Applications waiting for documentation 263 230 227 208
Applications scheduled 125 131 156 163
Total Pending 451 426 445 436
Number of Applications Received 24 18 20 10
Number of Applications on the Agenda 48 24 16 28
Number of Application Approved 35 14 14 22
24-Month Review Cases
On the list for 24-Month Review (Past and Future) 270 261 244 261
Collecting SSD 73 56 59 59
Part of the Backlog 23 13 22 29
Not Collecting SSD 196 205 185 202
Part of the Backlog 112 108 101 120
MEB Scheduled 21 24  36 60
         
Monthly        
Retirees 4 12 8 19
Prospective 0 0 0 0
Transfer 2 2 4 4
Waiver 0 0 0 0
Total 6 14 12 23
Audited and sent invoices 60 0 0 0
Total Outstanding to be audited 318 318 323 318
To date Retirees 540 540 541 568
Prospective 5 5 5 5
Transfer 1466 1466 1470 1448
Waiver 9 9 9 9
Total 2020 2020 2025 2030
Retirements in Audit
Retirements Processed 106 119 133 254
Regular 74 98 109 224
Voluntary Pending 4 4 6 8
New Disability 21 11 6 11
Disability Finalized 7 6 12 11

Deputy Comptroller Carlson added that the ARP-Hybrid transfer backlog was gone.

New Matters

1. Request Commission Approval of the July 19, 2018 minutes.

i. At 9:16, Mr. Luciano moved, seconded by Mr. Casella to approve the July 19, 2018 minutes.
ii. Chairman asked if there was any discussion. There being no discussion he called for a vote.
iii. The Commission voted unanimously in favor to approve the July 19, 2018 minutes.

2. Request Commission Approval of the State Employees Retirement Commission Chairman�s Per Diem Expenses.

i. At 9:16, Mr. Luciano moved, seconded by Ms. Brown Brewton to approve the State Employees Retirement Commission Chairman�s Per Diem Expenses.
ii. Chairman asked if there was any discussion. There being no discussion he called for a vote.
iii. The Commission voted unanimously in favor to approve the State Employees Retirement Commission Chairman�s Per Diem Expenses.

3. Request Commission Approval of the State Employees Retirement Commission Union Trustee Claude Poulin Per Diem and Travel Expenses.

 i. At 9:16, Mr. Luciano moved, seconded by Ms. Brown Brewton to approve the State Employees Retirement Commission Union Trustee�s Per Diem and Travel Expense.
ii. Mr. Poulin abstained.
iii. Chairman asked if there was any discussion. There being no discussion he called for a vote.
iv. The Commission voted unanimously in favor, with Mr. Poulin abstaining, to approve the State Employees Retirement Commission Union Trustee�s Claude Poulin Per Diem and Travel Expenses.

4. Request Commission Acceptance of the August 2018 Billing from Robinson and Cole for federal tax matters.

i. At 9:17, Mr. Luciano moved, seconded by Ms. Brown Brewton to accept the Billing from Robinson & Cole for federal tax matters.
ii. Chairman asked if there was any discussion. There being no discussion he called for a vote.
iii. The Commission voted unanimously in favor to accept the Billing from Robinson & Cole for federal tax matters.

5. Request Commission Acceptance of the August 2018 Invoices from Rose Kallor.

i. At 9:17, Mr. Luciano moved, seconded by Ms. Brown Brewton to accept the Invoices from Rose Kallor.
ii. Chairman asked if there was any discussion. There being no discussion he called for a vote.
iii. The Commission voted unanimously in favor to accept the Invoices from Rose Kallor.

6. Request Commission Approval of the Connecticut State Employees Retirement System Service Retirements for the Month of July 2018.

 i. At 9:17, Mr. Luciano moved, seconded by Mr. Casella to approve the Connecticut State Employees Retirement System Service Retirements for the Month of July 2018.
ii. Chairman asked if there was any discussion. There being no discussion he called for a vote.
iii. The Commission voted unanimously in favor to approve the Connecticut State Employees Retirement System Service Retirements for the Month of July 2018.

7. Request Commission Approval of the Connecticut State Employees Retirement System Voluntary Pending Retirements for the Month of July 2018.

i. At 9:17, Mr. Luciano moved, seconded by Mr. Casella to approve the Connecticut State Employees Retirement System Voluntary Pending Retirements for the Month of July2018.
ii. Chairman asked if there was any discussion. There being no discussion he called for a vote.
iii. The Commission voted unanimously in favor to approve the Connecticut State Employees Retirement System Voluntary Pending Retirements for the Month of July 2018.

8. Request Commission Approval of the Connecticut State Employees System Disability Retirements for the Month of July 2018.

i. At 9:17, Mr. Luciano moved, seconded by Mr. Casella to approve the Connecticut State Employees System Disability Retirements for the Month of July 2018.
ii. Chairman asked if there was any discussion. There being no discussion he called for a vote.
iii. The Commission voted unanimously in favor to approve the Connecticut State Employees System Disability Retirements for the Month of July 2018.

9. Request Commission Approval of the Municipal Retirement System Retirements for the Month of July 2018.

i. At 9:17, Mr. Luciano moved, seconded by Mr. Casella to approve the Municipal Retirement System Retirements for the July 2018.
ii. Chairman asked if there was any discussion. There being no discussion he called for a vote.
iii. The Commission voted unanimously in favor to approve the Municipal Retirement System Retirements for the month of July 2018.

10. Request Commission Approval of the Municipal Retirement System Disability Retirements Approved by the Medical Examining Board.

i. At 9:17, Mr. Luciano moved, seconded by Mr. Casella to approve the Municipal Retirement System Disability Retirements Denied by the Medical Examining Board.
ii. Chairman asked if there was any discussion. There being no discussion he called for a vote.
iii. The Commission voted unanimously in favor to approve the Municipal Retirement System Disability Retirements Approvals by the Medical Examining Board.

11. Request Commission Approval of the Municipal Retirement System Disability Retirements Denied by the Medical Examining Board.

i. At 9:17, Mr. Luciano moved, seconded by Mr. Casella to approve the Municipal Retirement System Disability Retirements Denied by the Medical Examining Board.
ii. Chairman asked if there was any discussion. There being no discussion he called for a vote.
iii. The Commission voted unanimously in favor to approve the Municipal Retirement System Disability Retirements Approvals by the Medical Examining Board.

12. Request Commission Acceptance of the Recommendations by the Medical Examining Board for the Continued Entitlement Denials.

i. At 9:19, Mr. Luciano moved, seconded by Ms. Brown Brewton to accept the Recommendations by the Medical Examining Board for the Continued Entitlement Denials.
ii. Chairman asked if there was any discussion. There was discussion.
iii. Mr. Carey discussed the definition of suitable and comparable and how it was applied with respect to Mr. Stewart Hillman. Mr. Hillman was a probation officer and now works at Hartford Hospital as a security guard. Mr. Carey does not believe that his job now is suitable and comparable to his duties as a correction officer. Mr. Luciano agreed. Ms. Brown Brewton indicated that the MEB operates based upon the parties� definition of suitable and comparable. Mr. Newman explained that Mr. Hillman was originally tabled last year to allow him to provide additional documentation. However, the MEB did not receive any additional documentation from him and had correspondence from Hartford Hospital indicating that he was hired without restrictions.
iv. At 9:35 a.m., Mr. Luciano moved, seconded by Ms. Brown Brewton to amend the pending motion to table Mr. Hillman until the next Commission meeting in September. The Chairman asked if there was any discussion. There being none, he called for a vote. The Commission voted unanimously in favor to amend the pending motion.
v. At 9:35 a.m., the Commission voted unanimously in favor, with Mr. Stewart Hillman being tabled until September, to accept the Recommendations by the Medical Examining Board for the Continued Entitlement Denials.

13. Request Commission Approval of the Judges, Family Support Magistrates and Compensation Commissioners Retirement System for August 2018. Benefits to be paid Semi-Monthly.

i. At 9:36, Mr. Luciano moved, seconded by Mr. Poulin to approve the Judges, Family Support Magistrates and Compensation Commissioners Retirement System for August 2018. Benefits to be paid Semi-Monthly.
ii. Chairman asked if there was any discussion. There being no discussion he called for a vote.
iii. The Commission voted unanimously in favor to approve the Judges, Family Support Magistrates and Compensation Commissioners Retirement System for August 2018. Benefits to be paid Semi-Monthly.

14. Request Commission Approval of the Probate Judges and Employees Retirement System Retirements for August 2018.

i. At 9:36, Mr. Luciano moved, seconded by Mr. Poulin to approve the Probate Judges and Employees Retirement System Retirements for August 2018.
ii. Chairman asked if there was any discussion. There being no discussion he called for a vote.
iii. The Commission voted unanimously in favor to approve the Probate Judges and Employees Retirement System Retirements for August 2018.

15. Request Commission Approval of the Probate Judges and Employees Retirement Fund Personnel Expenses for the Pay Period June 8, 2018 through July 5, 2018.

i. At 9:36, Mr. Luciano moved, seconded by Mr. Poulin to approve the Probate Judges and Employees Retirement Fund Personnel Expenses for the Pay Period June 8, 2018 through July 5, 2018.
ii. Chairman asked if there was any discussion. There being no discussion he called for a vote.
iii. The Commission voted unanimously in favor to approve the Probate Judges and Employees Retirement Fund Personnel Expenses for the Pay Period June 8, 2018 through July 5, 2018.

16. Request Commission Acceptance of the Actuarial Subcommittee recommendations on the Connecticut Probate Judges and Employees Retirement System (PJERS) of the Actuary on the Valuation Prepared as of December 31, 2017.

i. At 9:37, Mr. Luciano moved, seconded by Mr. Casella to accept the Actuarial Subcommittee recommendations on the Connecticut Probate Judges and Employees Retirement System (PJERS) of the Actuary on the Valuation Prepared as of December 31, 2017.
ii. Chairman asked if there was any discussion. There being no discussion he called for a vote.
iii. The Commission voted unanimously in favor to accept the Actuarial Subcommittee recommendations on the Connecticut Probate Judges and Employees Retirement System (PJERS) of the Actuary on the Valuation Prepared as of December 31, 2017.

At 9:38a.m., Mr. Luciano had two matters as Old Business.
1) Mr. John Gil was denied an enhanced retirement benefit under a retirement incentive that he thought he was entitled too. After the audit process, he was told that he was not entitled to the incentive. Mr. Gil would like to see the paperwork so that he can confirm that he was not eligible for it.
2) Mr. David Dalpe is subject to the Internal Revenue Code Section 415 limit and he would like to know when the Retirement Commission determined the date on which Section 415 would apply to the calculation of retirement benefits. Chairman Adomeit indicated that Attorney Braswell sent Mr. Dalpe correspondence approximately one year ago regarding application of Section 415. Mr. Herrington indicated that Mr. Dalpe was informed that he can submit a formal letter to appeal the calculation of his SERS benefit and the application of Section 415 to his benefit.

Executive Session - Discussion and Possible Action

  1.  Catherine Crandle declaratory ruling - written legal opinion/pending claim.
  2.  Jeremy Wiganowske - pending litigation.
  3. Howard Austin - written legal opinion.
  4. David Carter - pending litigation
  5. Richard Kay - pending litigation.
  6. Thompson - pending litigation.
  7. Walenski - pending litigation.
  8.  Ronald Johnson - pending litigation.
  9. Gary Soracchi - pending litigation.
  10. Determination letter and VCP filing - written legal opinion.
  11. Equity Refund Issues - written legal opinion.

At 9:42 a.m., Mr. Luciano moved, seconded by Ms. Brown Brewton to go into executive session for purposes of discussing Item 1. Attorney Barth, Attorney Braswell, Attorney Cieslak, John Herrington, Colin Newman, and Attorney Sullivan were invited by the Commission to stay for executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously in favor to enter executive session to discuss Item 1.

At 9:47 a.m., Mr. Luciano moved, seconded by Ms. Brown Brewton to exit executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously to exit executive session. At 9:47 a.m., Mr. Luciano moved, seconded by Mr. Quiros to go into executive session for purposes of discussing Item 2. Attorney Barth, Attorney Braswell, Attorney Cieslak, John Herrington, Colin Newman, and Attorney Sullivan were invited by the Commission to stay for executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously in favor to enter executive session to discuss Item 2.

At 9:47 a.m., Mr. Luciano moved, seconded by Mr. Quiros to exit executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously to exit executive session. At 9:48 a.m., Mr. Luciano moved, seconded by Mr. Poulin to go into executive session for purposes of discussing Item 3. Attorney Barth, Attorney Braswell, Attorney Cieslak, John Herrington, Colin Newman, and Attorney Sullivan were invited by the Commission to stay for executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously in favor to enter executive session to discuss Item 3.

At 9:50 a.m., Mr. Luciano moved, seconded by Ms. Brown Brewton to exit executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously to exit executive session. At 9:50 a.m., Mr. Luciano moved, seconded by Mr. Quiros to go into executive session for purposes of discussing Item 4. Attorney Barth, Attorney Braswell, Attorney Cieslak, John Herrington, Colin Newman, and Attorney Sullivan were invited by the Commission to stay for executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously in favor to enter executive session to discuss Item 4.

At 9:51 a.m., Mr. Luciano moved, seconded by Mr. Quiros to exit executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously to exit executive session. At 9:51 a.m., Mr. Luciano moved, seconded by Ms. Brown Brewton to go into executive session for purposes of discussing Item 5. Attorney Barth, Attorney Braswell, Attorney Cieslak, John Herrington, Colin Newman, and Attorney Sullivan were invited by the Commission to stay for executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously in favor to enter executive session to discuss Item 5.

At 9:52 a.m., Mr. Luciano moved, seconded by Ms. Brown Brewton to exit executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously to exit executive session. At 9:52 a.m., Ms. Brown Brewton moved, seconded by Mr. Quiros to go into executive session for purposes of discussing Item 6. Attorney Barth, Attorney Braswell, Attorney Cieslak, John Herrington, Colin Newman, and Attorney Sullivan were invited by the Commission to stay for executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously in favor to enter executive session to discuss Item 6.

At 9:54 a.m., Mr. Luciano moved, seconded by Mr. Quiros to exit executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously to exit executive session. At 9:54 a.m., Mr. Luciano moved, seconded by Ms. Brown Brewton to go into executive session for purposes of discussing Item 7. Attorney Barth, Attorney Braswell, Attorney Cieslak, John Herrington, Colin Newman, and Attorney Sullivan were invited by the Commission to stay for executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously in favor to enter executive session to discuss Item 7.

At 9:54 a.m., Mr. Luciano moved, seconded by Mr. Quiros to exit executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously to exit executive session. At 9:54 a.m., Mr. Luciano moved, seconded by Mr. Quiros to go into executive session for purposes of discussing Item 8. Attorney Barth, Attorney Braswell, Attorney Cieslak, John Herrington, Colin Newman, and Attorney Sullivan were invited by the Commission to stay for executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously in favor to enter executive session to discuss Item 8.

At 9:55 a.m., Mr. Luciano moved, seconded by Mr. Quiros to exit executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously to exit executive session. At 9:55 a.m., Mr. Luciano moved, seconded by Ms. Brown Brewton to go into executive session for purposes of discussing Item 9. Attorney Barth, Attorney Braswell, Attorney Cieslak, John Herrington, Colin Newman, and Attorney Sullivan were invited by the Commission to stay for executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously in favor to enter executive session to discuss Item 9.

At 9:55 a.m., Mr. Luciano moved, seconded by Ms. Brown Brewton to exit executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously to exit executive session. At 9:56 a.m., Mr. Luciano moved, seconded by Ms. Brown Brewton to go into executive session for purposes of discussing Item 10. Attorney Barth, Attorney Braswell, Attorney Cieslak, John Herrington, Colin Newman, and Attorney Sullivan were invited by the Commission to stay for executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously in favor to enter executive session to discuss Item 10.

At 9:59 a.m., Mr. Luciano moved, seconded by Mr. Quiros to exit executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously to exit executive session. At 10:00 a.m., Mr. Luciano moved, seconded by Ms. Brown Brewton to go into executive session for purposes of discussing Item 11. Attorney Barth, Attorney Braswell, Attorney Cieslak, John Herrington, Colin Newman, and Attorney Sullivan were invited by the Commission to stay for executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously in favor to enter executive session to discuss Item 11.

At 10:04 a.m., Mr. Luciano moved, seconded by Mr. Quiros to exit executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously to exit executive session.

At 10:05 a.m., Mr. Luciano moved, seconded by Mr. Carey to deny Mr. Austin�s request on appeal. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously in favor.

Adjournment

With no further business before the Commission, Mr. Luciano moved, seconded by Ms. Brown Brewton to adjourn at 10:06 a.m. The Commission voted unanimously to adjourn.


Respectfully Submitted by:
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Peter Adomeit, Chairman

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Prepared by John Herrington, Retirement Services Division Director

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