Minutes of Meeting December 11, 2018 Legal & Personnel Subcommittee State Employees Retirement Commission

Retirement division memo header

STATE EMPLOYEES RETIREMENT COMMISSION
LEGAL AND PERSONNEL SUBCOMMITTEE
MINUTES OF MEETING

December 11, 2018

 

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

The Chair called the meeting to order at 8:09 a.m. 

At 8:11 a.m., Charles Casella moved, seconded by Robert Coffey to approve the agenda.  All voted in favor. 

At 8:11 a.m. Charles Casella moved, seconded by Robert Coffey to amend the agenda to add as Item 18 under Executive Session, the Freedom of Information Request from Attorney Mara relating to Dr. Carver and Dr. Nanda.  All voted in favor. 

At 8:12 a.m., Chairman Adomeit called for new business.   

At 8:12 a.m., Michael Carey moved, seconded by Charles Casella, to enter into executive session for the purpose of discussing item nos. 1-18 on the agenda for executive session.  All voted in favor.  Michael Rose, Cindy Cieslak, Bruce Barth, Alisha Sullivan and John Herrington were invited into executive session.   

Executive Session - discussion and possible recommendation

  1. Equity Refunds - written legal opinion.
  2. ARP Plan Document Amendment - written legal opinion.
  3. Summary Plan Descriptions - written legal opinion.
  4. Division Request for Clarification of the Commission�s Prior Direction for Limited Changes to Survivor Option Elections - written legal opinion.
  5. Sharon Belliveau - written legal opinion.
  6. B.J. Comerford - written legal opinion.
  7. William Dietrich - written legal opinion/pending claim.
  8. Jeremy Wiganowske - pending litigation/pending claim.
  9. Carol Walenski - pending litigation.
  10. Town of Thompson - pending litigation.
  11. Ronald Johnson - pending litigation.
  12. Gary Soracchi - pending litigation.
  13. James Rizzio - pending litigation.
  14. David Carter - pending litigation.
  15. Richard Kay - pending litigation.
  16. Interest crediting - written legal opinion
  17. Commission authority re: actuarial assumptions - written legal opinion.
  18. FOI Request from Attorney Mara re: Dr. Carver and Dr. Nanda - written legal opinion.

Mr. Herrington remained in Executive Session for purposes of discussing Items 1, 2, 3, 4, 16, 17 and 18.  He exited at 9:43 a.m. 

Mr. Coffey exited the meeting at 9:43 a.m. 

A break was taken from 9:43 a.m. until 9:57 a.m. 

At 10:35 a.m., Michael Carey moved, seconded by Charles Casella, to come out of executive session. All voted in favor. 

At 10:35 a.m., Michael Carey moved, seconded by Charles Casella, to recommend to the Commission that the Commission accept the amendment to ARP to address the changes needed for the SAG Award.  All voted in favor. 

At 10:36 a.m., Michael Carey moved, seconded by Charles Casella, to recommend to the Commission that the Commission, on reconsideration, deny Ms. Belliveau�s request to transfer her SERS membership from Tier II to Tier I on the basis that it is untimely. All voted in favor. 

At 10:37 a.m., Michael Carey moved, seconded by Charles Casella, to recommend to the Commission that the Commission, on reconsideration, deny Mr. Comerford�s request for a recalculation of the cost of his purchase of prior municipal service, and such denial shall be based upon the Commission�s fiduciary responsibility to the retirement system, the Commission�s past practice with respect to similar matters, and the statutory language of Conn. Gen. Stat. � 5-192b(c). All voted in favor. 

At 10:38 a.m., Chairman Adomeit asked if there was any old business to discuss.   

Charles Casella inquired about the Commission�s role in reviewing contracts prior to their execution.  Chairman Adomeit advised that he had discussed this with the Comptroller�s office, and he will bring the various contracts for review to the Legal & Personnel Subcommittee, including those relating to actuarial services, accounting services, and services relating to applications for social security disability benefits. 

The subcommittee also discussed the contracts relating to legal services which expire in 2019.  Chairman Adomeit advised that the RFPs for legal services will be distributed in January. Chairman Adomeit intends to appoint the Legal & Personnel Subcommittee to review the RFP submissions. 

MEETING ADJOURNED:  At 10:43 a.m., Michael Carey moved, seconded by Charles Casella, to adjourn.  All voted in favor.  Meeting adjourned. 

Respectfully submitted, 

Charles Casella  

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