Retirement Services Division December 13, 2017 Minutes of the Retirement Commission Legal & Personnel Subcommittee

STATE EMPLOYEES RETIREMENT COMMISSION
LEGAL AND PERSONNEL SUBCOMMITTEE
MINUTES OF MEETING

December 13, 2017

PRESENT
Peter Adomeit, Chair
Michael Carey, Trustee
Charles Casella, Trustee
Robert Coffey, Trustee
Bruce Barth, Commission Counsel for IRS Matters
Michael Rose, Commission Counsel
Cindy Cieslak, Commission Counsel

The Chair called the meeting to order at 8:42 a.m. and asked the members to consider Item II on the agenda, the approval of the agenda.

Mr. Casella moved, seconded by Mr. Carey to remove Item 5 Barr QDRO and to approve the remainder of the posted agenda. All voted in favor.

Mr. Casella moved, seconded by Mr. Carey to amend the agenda to include Item 12 RFP for Selection of Legal Counsel-discussion. All voted in favor.

At 8:44 a.m., the Chair called for discussion of New Business in Public Session, Item 1 ARP Amendment. Attorney Barth presented a proposed plan amendment that requires the approval of SERC, as Plan Administrator. He explained that the proposed amendment would implement provisions of the recent SEBAC agreement, change rules on election of ARP and change default rules.

At 8:50 a.m., Mr. Carey moved, seconded by Mr. Casella that the subcommittee recommend to the Commission that it approve and adopt the proposed amendment to ARP. All voted in favor.

At 8:51 a.m., Mr. Casella moved, seconded by Mr. Carey to go into Executive Session to discuss the following agenda items:

1. SAG Award Update - written legal opinion - discussion.
2. Compilation Update - written legal opinion - discussion.
3. Soracchi Petition for declaratory ruling - written legal opinion - discussion and possible recommendation.
4. Professor Kay Petition for declaratory ruling - written legal opinion - discussion and possible recommendation.
6. Bitner - written legal opinion - discussion and possible recommendation.
7. Etim - pending claim - discussion.
8. Thompson - pending litigation - discussion.
9. Walenski - pending litigation - discussion.
10. Carter - pending litigation - discussion.
11. Bouchard - pending litigation - discussion and to invite Attorney Rose, Attorney Cieslak and Attorney Barth to participate in the discussions. All voted in favor.

At 9:50 a.m., when the discussion ended, Mr. Coffey moved, seconded by Mr. Casella to come out of Executive Session. All voted in favor.

At 9:51 a.m., Mr. Casella moved, seconded by Mr. Carey that the subcommittee recommend to SERC that it approve the draft Decision and Declaratory Ruling in the Soracchi matter, as prepared by Commission Counsel. All voted in favor.

At 9:52 a.m., Mr. Carey moved, seconded by Mr. Casella, that the subcommittee recommend to SERC that it authorize the Attorney General?s Office to accept the $5000 settlement offer in the Bitner matter. All voted in favor.

At 9:53 a.m., Mr. Carey moved, seconded by Mr. Casella to go into Executive Session to discuss Item 12 RFP for Selection of Legal Counsel with no invitees present. All voted in favor. Attorney Rose, Attorney Cieslak and Attorney Barth left the room.
At 11:03 a.m., Mr. Casella moved, seconded by Mr. Carey to come out of Executive Session. All voted in favor.

At 11:04 a.m., Mr. Coffey moved, seconded by Mr. Casella that the subcommittee recommend to SERC that it extend the current contract for legal services with Rose Kallor for an additional year. All voted in favor.

At 11:07 a.m., Mr. Coffey moved, seconded by Mr. Casella that the subcommittee recommend to SERC that it authorize the Legal and Personnel Subcommittee to prepare an RFP for selection of Commission General Counsel and Commission Counsel for IRS Matters. All voted in favor.

At 11:09 a.m., Mr. Carey moved, seconded by Mr. Casella to adjourn. All voted in favor. The meeting adjourned.

 

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