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

July 21, 2011

TRUSTEES PRESENT

Peter Blum, Chair
Charles Casella
Claude Poulin
Michael Carey
Linda Yelmini
Sal Luciano
Bob Coffey
Richard Cosgrove
Ronald McLellan
James Dzurenda
Thomas Culley
Bob Baus
Paul Fortier
Steve Greatorex
Fae Brown-Brewton

MUNICIPAL LIAISON

Thomas Landry

OTHERS PRESENT

State Comptroller Kevin Lembo
State Deputy Comptroller Martha Carlson
State Deputy Treasurer Jonathan Harris
Leann Palidino, Treasury
Colin Newman, Asst. Director, Retirement Services
Helen Kemp, Asst. Director and Division Attorney, Retirement Services
Natalie Braswell, Attorney for the State Comptroller
Peggy Gray, Exec. Asst., Retirement Services
Jon Lender, Reporter, Hartford Courant
Nancy Perretto, Court Reporter
Attorney Bruce Barth
Attorney Thomas Moukawsher
Roger Bouchard
James Fox

GUESTS

George Spurlock, CEIU

CALL TO ORDER

The Chairman called the meeting to order at 9:07 AM

DIVISION DIRECTOR'S ADMINISTRATIVE AND SUBCOMMITTEE REPORTS

Pending applications as of June 30, 2011 are as follows. We have 77 pending applications, 283 waiting for documentation and 137 applications are scheduled for upcoming meetings of the MEB. For the month of June, 37 applications were received, 24 were put on the agenda and 12 were approved. We are reviewing July 2011 cases and the next available meeting for scheduling is February of 2012.

Following the close of the July 2011 retirement payroll, the current backlog of unfinalized retirement records is approximately 12, 092. The Division processed 481 new retirees to the payroll (457 normal, 24 disabilities). Finalizations for the month were 26.

NEW MATTERS

1. REQUEST COMMISSION APPROVAL OF THE JUNE 16, 2011 MINUTES
Mr. Luciano moved, seconded by Mr. Poulin to approve the minutes of the June 16, 2011 minutes. All voted in favor

Unanimous Decision

2. REQUEST COMMISSION APPROVAL OF THE STATE EMPLOYEES RETIREMENT COMMISSION CHAIRMAN'S PER DIEM EXPENSES REIMBURSEMENTS Mr. Casella 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 OF THE STATE EMPLOYEES RETIREMENT SYSTEM SERVICE RETIREMENTS FOR THE MONTH OF JUNE 2011. Mr. Luciano moved, seconded by Mr. Poulin to approve with the missing numbers to be emailed to Commission members for their records. All voted in favor

Unanimous Decision

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

Unanimous Decision

5. REQUEST COMMMISSION APPROVAL OF THE STATE EMPLOYEES RETIREMENT SYSTEM DISABILITY RETIREMENTS FOR THE MONTH OF JUNE 2011. Mr. Luciano moved, seconded by Mr. Poulin to approve the State Employees Retirement System Disability Retirements for the month of June 2011. All voted in favor

Unanimous Decision

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

Unanimous Decision

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

Unanimous Decision

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

Unanimous Decision

9. REQUEST COMMISSION ACCEPTANCE OF THE RECOMMENDATIONS OF THE MEDICAL EXAMINING BOARD FROM ITS MEETING ON JUNE 10, 2011 RELATIVE TO APPLICATIONS FOR DISABILITY RETIREMENT RECEIVED FROM THE MUNICIPAL EMPLOYEES RETIREMENT SYSTEM Mr. Luciano moved, seconded by Mr. Greatorex to accept the recommendations of the Medical Examining Board from its meeting on June 10, 2011 relative to applications for Disability Retirement received from the Municipal Employees
Retirement System. All voted in favor

Unanimous Decision

10. REQUEST COMMISSION APPROVAL OF THE STATE EMPLOYEES RETIREMENT COMMISSION MANAGEMENT TRUSTEES PER DIEM AND TRAVEL EXPENSES REIMBURSEMENTS. Mr. Luciano moved, seconded by Mr. Cosgrove to approve the State Employees Retirement Commission Management Trustees Per Diem and Travel Expenses Reimbursements. All voted in favor, Mr. Baus abstained

Majority Decision

11. REQUEST COMMISSION APPROVAL OF THE STATE EMPLOYEES RETIREMENT COMMISSION UNION TRUSTEES PER DIEM AND TRAVEL EXPENSES REIMBURSEMENTS. Ms Brown-Brewton moved, seconded by Mr. Greatorex to approve the State Employees Retirement Commission Union Trustees Per Diem and Travel Expenses Reimbursements. All voted in favor, Mr. Poulin Abstained

Majority Decision

12. REQUESTS RECEIVED FROM ROGER BOUCHARD, JAMES FOX AND JAMES MALONE THAT THE COMMISSION REVIEW AND RECONSIDER IT'S DENIAL OF THEIR REQUESTS TO HAVE THEIR MONTHLY RETIREMENT BENEFITS RECALCULATED PURSANT TO THE CONNECTICUT SUPREME COURT RULING IN THE LONGLEY V. STATE OF CONNECTICUT MATTER

Attorney Thomas Moukawsher appeared before the Commission accompanied by two of his three claimants: Messers. Bouchard and Fox. he gave a brief opening remark and background on the matter. Attorney Moukawsher expanded upon the legal arguments he had made and given to the Commission during the administrative process as to why his clients' pension benefits should be recalculated pursuant to the Longley case.

Ms. Brown-Brewton moved, seconded by Mr. Casella to go into Executive Session at 10:17 AM with key Division staff and personnel to remain to discuss this matter. All voted in favor. At 10:46 AM Ms. Brown-Brewton moved, seconded by Mr. Dzurenda to come out of Executive Session. All voted in favor.

Ms. Brown-Brewton moved, seconded by Mr. Baus to deny reconsideration of the request by Mr. Bouchard, Mr. Fox and Mr. Malone pursuant to Longley v. State of Connecticut.

Unanimous Decision

13. REQUEST COMMISSION ADOPTION OF CERTIFIED COURT ORDER AS EXCEPTION FOR SPOUSAL CONSENT WAIVER. The Commission believed additional information was needed prior to discussion. Ms. Brown-Brewton moved, seconded by Mr. Luciano to table this item until the August 18, 2011 meeting. All voted in favor

Unanimous Decision

14. REQUEST COMMISSION APPROVAL OF THE PROPOSED DECLARATORY RULING IN THE MATTER OF DANIEL MICARI TO BE ISSUED PRIOR TO SEPTEMBER 26, 2011 IN ACCORDANCE WITH SECTION 5-155-1(E)(1)(A) OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES

Ms. Yelmini moved, seconded by Mr. Luciano to approve and issue the proposed declaratory ruling in the matter of Daniel Micari.

Unanimous Decision

15. DISCUSSION/UPDATE ON COURT DECISION TO REMAND ON DICKMAN LITIGATION, STRATEGY AND SUBSEQUENT ACTION THAT MAY BE REQUIRED BY THE COMMISSION. Mr. Baus moved, seconded by Mr. Greatorex to go into Executive Session @ 9:30 to discuss legal action on this matter and to include key Division personnel and staff in the discussion. All voted in favor.At 9:45 Mr. Bause moved to return to Regular Session, seconded by Mr. Greatorex. All voted in favor. Mr. Baus moved, seconded by Mr. Greatorex to table this item until the Sept. 15, 2011 Commission Meeting. All voted in favor to table

Unanimous Decision

16. REQUEST COMMISSION APPROVAL OF REQUEST TO INTERNAL REVENUE SERVICE WITH REGARD TO A PRIVATE LETTER RULING FOR THE PURPOSE OF IMPLEMENTING THE SEPTEMBER 28, 2010 SEBAC PENSION GRIEVANCE AWARD. At 10:48 AM, Ms Brown-Brewton moved, seconded by Mr. Luciano to go into Executive Session for discussion of the PLR and to allow Attorney Barth and key staff members and personnel to remain for discussion. All voted in favor

At 11:15 AM Mr. Luciano moved, seconded by Mr. Poulin to return to Regular Session. All voted in favor.

Mr. Greatorex moved, seconded by Mr. Luciano to instruct Attorney Barth to submit the request for a Private Letter Ruling to the IRS noting a correction to be made on page 5 of the draft letter. All voted in favor

Unanimous Decision

17. REPORT ON SUBCOMMITTEE STATUS/ACTION WITH REGARD TO THE RFP TO OBTAIN OUTSIDE LEGAL COUNSEL FOR ADVICE ON PLAN ADMINISTRATION AND QUALIFICATION UNDER IRC SECTION 401(a) AND SUBSEQUENT ACTION THAT MAY BE REQUIRED BY THE COMMISSION AND/OR OSC. At 11:20 am Ms Brown-Brewton moved, seconded by Mr. Luciano to go into Executive Session for discussion of the RFP for legal services to allow key staff members and personnel to remain during the discussion. All voted in favor. At 11:33 AM Mr. Luciano moved, seconded by Mr. Poulin to return to Regular Session. All voted in favor. There were no motions on this matter.

Out of Executive Session, Mr. Dzurenda informed the Commission that he had a concern about the appropriateness of his participation in this matter as members of his department might be affected by these issues and had contacted the Office of Ethics. Mr. Dzurenda stated that the Office of Ethics informed him that there was no ethical impeiment for his participation and he could speak and vote on any of the issues presented with regard to the RFP and selection of counsel.

ADJOURNMENT

Mr. Luciano moved, seconded by Mr. Fortier to adjourn the meeting at 11:35 AM. All voted

_____________________ ______________________
Jeanne Kopek, Director, Retirement Services Peter R. Blum, Chair

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