DRAFT STATE OF CONNECTICUT RETIREMENT STATE EMPLOYEE COMMISSION Minutes 9/20/2019

DRAFT
STATE OF CONNECTICUT
STATE EMPLOYEES RETIREMENT COMMISSION

A regular meeting of the State Employees Retirement Commission (the �Commission�) was held on September 19, 2019, in the 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 9:03 a.m. 

Chairman�s Report 

The Chairman advised that a holiday party will be planned. 

Division Director Report (9/19/19) 

I.  Disability Retirements: 

A. Pending Disability Applications for the Initial Review by the Medical Examining Board:  The Division has completed the task of adding additional meetings for the remainder of 2019 in attempt to reduce the wait period.  Currently scheduling for the February 2020 MEB meeting.

o There are a total of 369 Disability Retirement Applications of which:

�  187 Applications have been scheduled for meetings into February 2020

�  182 Applications are awaiting additional medical documentation. 

  Pending Disability Retirement Applications:

4/2019     5/2019     6/2019      7/2019      8/2019     9/2019
  393     423      381     401    366     369

 

B. Twenty-Four Month Reviews:

o 257 Cases are due for a 24-month review.

�  87 Cases-Retirees are receiving SSD benefits (Expedited Approvals Process).

�  33 have dates that are beyond 24-months old.

�  170 Cases-Retirees does not appear to be receiving SSD benefits

�  91 have dates that are beyond 24-months old.

o Next meeting of the 24-month review is December 2019

 

C. Disability Files Processed:

o 15 Voluntary Pending

o 9 Approved Disability Applications of which

�  7 Applications were new to payroll

�  2 Applications were changed from Voluntary Pending to Disability

o 28 Approved Applications were finalized and sent to I & R.

  Disability Retirement Processed: 

 

 4/2019     5/2019    6/2019     7/2019     8/2019     9/2019
   37    51      74    85    73    52

 

D. Disability Backlog:  As of today�s date of the September Retirement Commission meeting there are approximately 1953 disability retirement applications that have yet to be finalized.  1777 are disability retirement applications with a retirement date that is pre-July 2016.  The remaining 176 applications are from July 2016 through the present.

 

Disability Backlog:  

 

 4/2019     5/2019     6/2019     7/2019    8/2019     9/2019
2016     2002    1997    1960      1958     1953

 

II.  Normal Retirement Audits:

Retirements Processed:

4/2019     5/2019     6/2019     7/2019    8/2019    9/2019
 210     101    143    186     193     175

Mr. Herrington also advised regarding Tier 4S, and he provided an update on the self-service calculator within the pension module. 

 

New Matters

1. Request Commission Approval of the August 15, 2019 minutes.

i.  At 9:20 a.m., Mr. Luciano moved, seconded by Mr. Quiros to approve the August 15, 2019 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 August 15, 2019 minutes.

 

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

i.  At 9:20 a.m., Mr. Luciano moved, seconded by Mr. Quiros 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�s Per Diem and Travel Expenses.

i.  At 9:20 a.m., Mr. Luciano moved, seconded by Mr. Quiros to approve the State Employees Retirement Commission Union Trustee Claude Poulin�s Per Diem and Travel Expenses.

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 Claude Poulin�s Per Diem and Travel Expenses.

 

4. Request Commission Acceptance of the August 2019 Billing from Robinson and Cole for Federal Tax Matters.

i.  At 9:20 a.m., Mr. Luciano moved, seconded by Mr. Quiros to accept the August 2019 billing from Robinson and 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 August 2019 billing from Robinson and Cole for Federal Tax Matters.

 

5. Request Commission Acceptance of Invoices from Rose Kallor rendered for the month of August.

i.  At 9:20 a.m., Mr. Luciano moved, seconded by Mr. Quiros to accept the invoices from Rose Kallor rendered for the month of August.

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 rendered for the month of August.

 

6. Request Commission Approval of the Connecticut State Employees Retirement System Service Retirements for the Month of August 2019. 

i.  At 9:20 a.m., Mr. Luciano moved, seconded by Mr. Quiros to approve the Connecticut State Employees Retirement System Service Retirements for the Month of August 2019

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 August 2019.

 

7. Request Commission Approval of the Connecticut State Employees Retirement System Voluntary Pending Retirements for the Month of August 2019. 

i.  At 9:20 a.m., Mr. Luciano moved, seconded by Mr. Quiros to approve the Connecticut State Employees Retirement System Voluntary Pending Retirements for the Month of August 2019.

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 August 2019.

 

8. Request Commission Approval of the Connecticut State Employees System Disability Retirements for the Month of August 2019.

i.  At 9:21 a.m., Mr. Luciano moved, seconded by Mr. Quiros to approve the Connecticut State Employees System Disability Retirements for the Month of August 2019.

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 August 2019.

 

9. Request Commission Approval of the Connecticut State Employees System Retroactive Retirements for the Month of August 2019.

i.  At 9:21 a.m., Mr. Luciano moved, seconded by Mr. Quiros to approve the Connecticut State Employees System Retroactive Retirements for the Month of August 2019.

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 Retroactive Retirements for the Month of August 2019.

 

10.  Request Commission Approval of the Connecticut State Employees Retirement System Municipal Employees Retirements for the Month of August 2019.

i.  At 9:21 a.m., Mr. Luciano moved, seconded by Mr. Quiros to approve the Connecticut State Employees Retirement System Municipal Employees Retirements for the Month of August 2019.

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 Municipal Retirements for the Month of August 2019.

 

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

i.  At 9:21 a.m., Mr. Luciano moved, seconded by Mr. Quiros to approve the Municipal Retirement System Disability Retirements Approvals 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 Approval of the Municipal Retirement System Disability Retirements Tabled and Denied by the Medical Examining Board.

i.  At 9:21 a.m., Mr. Luciano moved, seconded by Mr. Quiros to approve the Municipal Retirement System Disability Retirements Tabled and 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 Tabled and Denied by the Medical Examining Board.

 

13.  Request Commission Acceptance of the Recommendations by the Medical Examining Board for the Continued Entitlement Tabled and Denials.

i. At 9:21 a.m., Mr. Luciano moved, seconded by Mr. Quiros to accept the recommendations by the Medical Examining Board for the Continued Entitlement Tabled and Denials.

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 recommendations by the Medical Examining Board for the Continued Entitlement Tabled and Denials.

 

14.  Request Commission Acceptance of the Recommendations by the Medical Examining Board for the Continued Entitlement Approvals.

i. At 9:21 a.m., Mr. Luciano moved, seconded by Mr. Quiros to accept the recommendations by the Medical Examining Board for the Continued Entitlement Approvals.

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 recommendations by the Medical Examining Board for the Continued Entitlement Approvals.

 

15.  Request Commission Approval of the Connecticut Judges, Family Support Magistrates and Compensation Commissioners Retirement System.

i.  At 9:21 a.m., Mr. Luciano moved, seconded by Mr. Quiros to approve the Connecticut Judges, Family Support Magistrates and Compensation Commissioners Retirement System.

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 Judges, Family Support Magistrates and Compensation Commissioners Retirement System.

 

16.  Request Commission Approval of the Probate Judges and Employees Retirement Fund Personnel Expenses for the Pay Period July 15, 2019 through August 15, 2019.

i.  At 9:21 a.m., Mr. Luciano moved, seconded by Mr. Quiros to approve the Probate Judges and Employees Retirement Fund Personnel Expenses for the Pay Period July 15, 2019 through August 15, 2019.

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 July 15, 2019 through August 15, 2019.

 

Executive Session � discussion and possible action

  1. Tier 4S � written legal opinion.
  2. Thomas Roberts - written legal opinion.
  3. Brian Comerford petition for declaratory ruling - written legal opinion.
  4. Marianna Grzeszcyk petition for declaratory ruling � written legal opinion.
  5. Jeffrey LaPorto petition for declaratory ruling - written legal opinion.
  6. Brian Sinclair request for reconsideration - written legal opinion.
  7. Elaine Carvalho appeal - written legal opinion. Ronald Johnson - pending litigation.
  8. Town of Thompson - pending litigation.
  9. David Carter/Richard Kay - pending litigation.
  10. Catherine Crandle - pending litigation.

 

At 9:23 a.m., Mr. Luciano moved, seconded by Mr. Quiros to suspend the regular meeting and go into executive session for the purposes of discussing Item 1. Attorney Barth, Attorney Braswell, Attorney Cieslak, John Herrington, Colin Newman, and Attorney Rose 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 9:24 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 9:24 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 Rose 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 9:32 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. 

17.  Request Received from Linda Guzzo that the Commission Review and Reconsider its August 16, 2016 Denial of her Request to Transfer her SERS Membership from Tier II to Tier I, Plan B after the October 1, 1985 Deadline.

i.  At 9:34 a.m., Ms. Guzzo appeared before the Commission.  She presented her case and answered questions by the Trustees.

ii.  Following Ms. Guzzo�s appearance, the Trustees discussed the matter, including how employees were notified of the window period.

iii.  At 10:16 a.m., Ms. Buffkin moved, seconded by Ms. Brown Brewton to deny Ms. Guzzo�s request to transfer into Tier I.

  iv. Chairman asked if there was any discussion. There being no discussion he called for a vote.

v.  The Commission voted unanimously in favor to deny Ms. Guzzo�s request to transfer into Tier I. 

At 10:16 a.m., Mr. Luciano moved, seconded by Mr. Quiros to suspend the regular meeting and go into executive session for the purposes of discussing Item 3. Attorney Barth, Attorney Braswell, Attorney Cieslak, John Herrington, Colin Newman, and Attorney Rose 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 10:28 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 10:28 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 Rose 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 10:31 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 10:31 a.m., Mr. Luciano moved, seconded by Mr. Quiros to go into executive session for purposes of discussing Item 5.  Attorney Barth, Attorney Braswell, Attorney Cieslak, John Herrington, Colin Newman, and Attorney Rose 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 10:34 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 10:34 a.m., Mr. Luciano 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 Rose 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 10:37 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 10:37 a.m., Mr. Luciano moved, seconded by Mr. Quiros to go into executive session for purposes of discussing Item 7.  Attorney Barth, Attorney Braswell, Attorney Cieslak, John Herrington, Colin Newman, and Attorney Rose 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 10:45 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 10:45 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 Rose 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 10:45 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 10:45 a.m., Mr. Luciano moved, seconded by Mr. Quiros to go into executive session for purposes of discussing Item 9.  Attorney Barth, Attorney Braswell, Attorney Cieslak, John Herrington, Colin Newman, and Attorney Rose 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 10:47 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 10:47 a.m., Mr. Luciano moved, seconded by Mr. Quiros to go into executive session for purposes of discussing Item 10.  Attorney Barth, Attorney Braswell, Attorney Cieslak, John Herrington, Colin Newman, and Attorney Rose 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 10:48 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 10:48 a.m., Mr. Luciano moved, seconded by Mr. Quiros to go into executive session for purposes of discussing Item 11.  Attorney Barth, Attorney Braswell, Attorney Cieslak, John Herrington, Colin Newman, and Attorney Rose 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 10:48 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 10:50 a.m., Mr. Carey moved, seconded by Ms. Brown Brewton that with respect to Item 2, the Commission to accept the recommendation of the Legal and Personnel subcommittee and counsel to direct the Division to follow the instructions of the correct Court order in the Roberts v. Roberts matter, process payments accordingly, and initiate calculation and recoupment of any overpayments. The Chairman asked if there was any discussion. There being no discussion he called for a vote. All voted in favor. 

At 10:50 a.m., Mr. Carey moved, seconded by Mr. Luciano to accept the recommendation of counsel to issue the declaratory ruling regarding Mr. Comerford as drafted. The Chairman asked if there was any discussion. There being no discussion he called for a vote. All voted in favor. 

At 10:51 a.m., Mr. Carey moved, seconded by Mr. Luciano to accept the recommendation of the Legal and Personnel Subcommittee and counsel to proceed with issuing the declaratory ruling in the matter of Marianna Grzeszcyk as drafted. The Chairman asked if there was any discussion. There being no discussion he called for a vote. All voted in favor. 

At 10:51 a.m., Mr. Carey moved, seconded by Mr. Luciano to accept the recommendation of the Legal and Personnel subcommittee and counsel to decline to issue a declaratory ruling in the matter of Jeffrey LaPorto matter on the ground that there is no public benefit to a more formal and detailed process, and the Chairman should communicate the reasons for the denial via letter. The Chairman asked if there was any discussion. There being no discussion he called for a vote. All voted in favor. 

At 10:52 a.m., Mr. Carey moved, seconded by Mr. Casella to accept the recommendation of the Legal and Personnel subcommittee and the recommendation of counsel that that the request for reconsideration made by Brian Sinclair be granted and that a hearing be scheduled accordingly.  The Chairman asked if there was any discussion.  Mr. Luciano recommended that the hearing proceed before the Legal and Personnel subcommittee. Mr. Carey accepted that recommendation as a friendly amendment to the motion. There being no further discussion, the Chairman called for a vote. All voted in favor as amended. 

At 10:53 a.m., Mr. Carey moved, seconded by Mr. Luciano to accept the recommendation of the Legal and Personnel subcommittee and counsel to deny Elaine Carvalho�s appeal in which she requested that the Commission reinstate her benefit, and that the Commission continue to suspend benefit payments as long as Ms. Carvalho remains employed with a participating municipality in a manner that violates the CMERS reemployment statute. The Chairman asked if there was any discussion. There being no discussion he called for a vote. All voted in favor. 

Adjournment 

With no further business before the Commission, Mr. Luciano moved, seconded by Ms. Buffkin to adjourn at 10:53 a.m.  The Commission voted unanimously to adjourn. 

 

Respectfully Submitted by: 

__________________________________
Peter Adomeit, Chairman

___________________________________
Prepared by John Herrington
Director Retirement Service Division

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