STATE EMPLOYEE RETIREMENT COMMISSION
SUBCOMMITTEE ON REGULATIONS AND OVERPAYMENTS
MINUTES OF JANUARY 6, 2010 MEETING

MEMBERS PRESENT
Peter R. Blum, Chairman
Stephen Caliendo
Charles Casella
Thomas Culley
Robert Coffey

OTHERS PRESENT
Helen M. Kemp, Assistant Director, Retirement Services Division
Thomas Ceccarini
Joy Bylan (CEUI)

The Subcommittee discussed the following requests for waivers of the repayment of an overpayment.

A. Barry Beecher (MERS) - (optionee) Overpayment due to spouse (MERS member) receiving a social security disability award and spouse did not report it to MERS.

Motion by Thomas Culley; second by Robert Coffey to recommend to the Commission to deny the request for the waiver of overpayment and to implement a 12 month repayment plan to recover the overpayment. Unanimous decision.

B. Thomas Ceccarini (SERS) - Overpayment due to family Soc. Sec. Award

Due to unique circumstances, the subcommittee granted the member's request to attend the meeting with his union representative and personally address the subcommittee on this matter.

Motion by Thomas Culley; second by Stephen Caliendo to recommend to the Commission to deny the request for the waiver of overpayment and to further recommend to the Commission that due to unique circumstances no repayment be taken from the member during the time the minor child receives "family" social security disability. After that time or upon the death of the member, whichever is earlier, repayment will be taken at the rate of $300 per month from the member's benefit, or if deceased, from the benefit given to his contingent annuitant until the amount was been repaid. Unanimous decision.

C. Darryl Mickey (SERS) - an unusual alleged underpayment issue.

Motion by Thomas Culley; second by Robert Coffey to recommend to the Commission to deny Mickey's request that a declaration be issued confirming that he is entitled to a lump sum payment under Section 5-156c to account for the alleged underpayment of his pension benefits and a lump sum payment remedying the alleged underpayment. Unanimous decision.

D. Geraldine Trillo (MERS) - (optionee) Overpayment due to spouse receiving wrong benefit due to incorrect wage information from Town.

Motion by Robert Coffey; second by Thomas Culley to recommend to the Commission to deny the request for the waiver of overpayment and to recover the overpayment in a single payment. Unanimous decision.

E. Elizabeth Turner (MERS) - (optionee) Overpayment due to spouse receiving wrong benefit due to incorrect wage information from Town.

Motion by Charles Casella; second by Thomas Culley to recommend to the Commission to deny the request for the waiver of overpayment and to implement a 5 year (60 month) repayment plan to recover the overpayment. Unanimous decision.

F. Leonard Young (MERS) - Overpayment due to receiving a social security disability award and not reporting it to MERS.

Motion by Charles Casella; second by Robert Coffey to recommend to the Commission to deny the request for the waiver of overpayment and to implement a 5 year (60 month) repayment plan to recover the overpayment. Unanimous decision.

G. Michael Cozzolino; Due to changed circumstances, Michael Cozzolino is seeking a change in the rate of repayment from all of his SERS benefit ($4,441.17) to $2,100 per month for approximately 65 months.

Motion by Stephen Caliendo; second by Charles Casella; to recommend to the Commission to deny the request for a change in the rate of repayment as the proper avenue for such a request at this stage of the appeal process is through a Petition for A Declaratory Ruling. Unanimous decision.

The Subcommittee meeting ended at 4:15 p.m.

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