Meeting of the Legal & Personnel Subcommittee of the State Employees Retirement Commission

DATE:  April 10, 2019

PRESENT: Chairman Peter Adomeit
Trustee Michael Carey
Trustee Charles Casella
Trustee Robert Coffey
Commission Counsel Cindy Cieslak (Rose Kallor, LLP)
Commission Tax Counsel Bruce Barth (Robinson & Cole LLP) (via phone)
Commission Tax Counsel Alisha Sullivan (Robinson & Cole LLP)
John Herrington, Retirement Services Division Director

The Chair called the meeting to order at 8:33 a.m.

At 8:34 a.m., Robert Coffey moved, seconded by Michael Carey to approve the agenda.  All voted in favor.

At 8:36 a.m., Chairman Adomeit called for new business. 

At 8:36 a.m., Michael Carey moved, seconded by Robert Coffey, to enter executive session for the purpose of discussing item no. 6 on the agenda for executive session.  All voted in favor.  Commission Counsel Cindy Cieslak and Commission Tax Counsel Bruce Barth and Alisha Sullivan were invited into executive session for purposes of discussing Item 6.

Executive Session - discussion and possible recommendation

1. CMERS: Windsor Police. Contributions. Time spent as probationary employees 2001-2007. Written legal opinion.
2. Domestic Relation Orders in Governmental Plans and Survivor Option Cases (Carter & Roberts) - written legal opinion.
3. Overpayment of interest on contributions to CMERS - written legal opinion.
4. Nancy Williams v. Bridgeport Housing Authority - written legal opinion.
5. David Gulick, Tier IIA member request to purchase retirement credit for his prior non-CMERS service under Conn. Gen. Stat. � 5-192b(c) - written legal opinion.
6. Catherine Crandle - pending litigation.
7. Town of Thompson - pending litigation.
8. Ronald Johnson - pending litigation.
9. James Rizzio - pending litigation.
10. David Carter - pending litigation.
11. Richard Kay - pending litigation. Summary Plan Description update- written legal opinion. 

At 8:39 a.m., Robert Coffey moved, seconded by Charles Casella to come out of executive session.  All voted in favor.

At 8:39 a.m., a discussion was held concerning the CMERS re-employment reports and related topics.  Mr. Herrington gave an update regarding the responses to the re-employment surveys.  The Division will suspend benefits for individuals who have not responded to the survey until the member demonstrates compliance with the reemployment statute.

Mr. Herrington also advised regarding the employment status of a CMERS member, Benjamin Tropka.  The Subcommittee requested a written legal opinion on the matter.

The Subcommittee then discussed House Bill 5538 and the proposed amendments to the CMERS reemployment statute.  The Subcommittee requested a written legal opinion from Commission Tax Counsel regarding any potential conflicts with IRS rules for review by the full Commission.

At 9:35 a.m., Michael Carey moved, seconded by Robert Coffey, to enter executive session for the purpose of discussing item nos. 1-5 and 7-12 on the agenda for executive session.  All voted in favor.  Commission Counsel Cindy Cieslak and Commission Tax Counsel Bruce Barth and Alisha Sullivan were invited into executive session for purposes of discussing all items.  John Herrington, Retirement Services Division Director, was invited into executive session for purposes of discussing Items 1-3 and Item 12.

John Herrington exited the meeting at 10:42 a.m.

A break was held from 10:42 a.m. to 10:58 a.m.

At 11:34 a.m., Robert Coffey moved, seconded by Michael Carey, to come out of executive session. All voted in favor.

At 11:34 a.m., Michael Carey moved, seconded by Robert Coffey, to recommend to the Commission that it deny the Bridgeport Housing Authority�s request regarding Nancy Williams on the ground that the Bridgeport Housing Authority lacks standing to pursue a benefit on Ms. Williams� behalf. All voted in favor.

MEETING ADJOURNED:  With no further business before the Subcommittee, at 11:36 a.m., Charles Casella moved, seconded by Robert Coffey, to adjourn.  All voted in favor.  Meeting adjourned.

Respectfully submitted,

Robert Coffey

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