 |
|
|
STATE EMPLOYEE RETIREMENT COMMISSION
SUBCOMMITTEE ON
REGULATIONS AND OVERPAYMENTS
MINUTES OF SEPTEMBER 28, 2011
MEETING
TRUSTEES PRESENT
Charles Casella, Robert Coffey, Thomas Culley, Linda Yelmini.
OTHERS PRESENT
Helen M. Kemp, Assistant Director, Retirement Services Division
Peggy Gray, Executive Assistant
Brenda Halpin, Director, Retirement Services Division
The meeting started at 1:04 p.m.
The Subcommittee discussed the following requests for waivers of the repayment
of an overpayment.
Donna Bray (SERS) - (member) - Overpayment due to receiving a social security disability benefit
Action: Ms. Yelmini moved; Mr. Casella seconded to recommend to
the Commission to deny the request for a waiver of repayment of an overpayment
as Ms. Bray did not meet all the statutory and regulatory requirements required
for approval and to further recommend to the Commission that overpayment should
be recovered by keeping all of her retirement benefit until the money has been
paid back. Unanimous decision. The Subcommittee noted that the
record indicated Ms. Bray intentionally failed to disclose receipt of her social
security disability payments to the Division by checking off "no" on her annual
surveys (2005, 2006, 2007 and 2008) which asked if she received such benefits
during the year.
Karen Heilweil (MERS) - (member) Overpayment due to receiving a workers
compensation award and not reporting it to MERS.
Action: Ms. Yelmini moved; Mr. Culley seconded to recommend to the
Commission to deny the request for a waiver of repayment of an overpayment as
Ms. Heilweil did not all the statutory and regulatory requirements required for
approval and to further recommend to the Commission that overpayment should be
recovered by keeping all of her retirement benefit until the money has been paid
back. Unanimous decision. The Subcommittee noted that the record
indicated Ms. Heilweil and/or her counsel knew that her workers compensation
payments were offset to her benefit and did not inform MERS of the payments.
Paul Hughes (SERS) - (member) - Overpayment due to outside earnings.
Action: Ms. Yelmini moved, Mr. Coffey seconded, that if Mr.
Hughes does not submit his tax returns and financial affidavit to the Division
as requested by October 28, 2011 (date stated in the letter he was sent), that
his request for waiver be denied the and that the Division utilize any means
possible to obtain repayment. Unanimous Decision
Dennis Martin (MERS) - (member) -Overpayment due to receiving a social security disability benefit
Action: Mr. Casella moved; Mr. Coffey second to recommend to the
Commission to deny the request for a waiver of repayment of an overpayment as
Mr. Martin did not meet all the statutory and regulatory requirements required
for approval. Unanimous Decision
After discussion, Ms. Yelmini moved, seconded by Mr. Coffey to have Division
Counsel Helen Kemp explore any means possible with the AG's Office, DAS,
Stipulated agreements or through statutory changes in which collection of
all amounts owed, and interest be paid going forward in respect to overpayments,
especially when fraud or intentional inaction is involved. Unanimous Decision
The meeting was adjourned at 1:55 p.m.
Return to Meetings, Agendas and Minutes Home Page
Return to Comptroller's Home Page