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

DATE:  May 8, 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)

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

At 8:33 a.m., Robert Coffey moved, seconded by Charles Casella to approve the agenda.  All voted in favor.

At 8:33 a.m., Chairman Adomeit called for new business. 

At 8:33 a.m., Robert Coffey moved, seconded by Charles Casella, to enter executive session for the purpose of discussing Items 1-13 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 Items 1-13.

Executive Session - discussion and possible recommendation

1. Sen. Frantz/waiver of participation - written legal opinion.
2. David Carter/Richard Kay - pending litigation.
3. Overpayment of interest on contributions to CMERS - written legal opinion.
4. 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.
5. Prior Military Service Credit - written legal opinion.
6. MEB update re: 24 month reviews - written legal opinion.
7. Ralph Tedesco appeal - written legal opinion.
8. Brian Comerford petition for declaratory ruling - written legal opinion.
9. Marianna Grzeszczyk petition for declaratory ruling - written legal opinion.
10. Catherine Crandle - pending litigation.
11. Town of Thompson - pending litigation.
12. Ronald Johnson - pending litigation.
13. James Rizzio - pending litigation.

A break was held from 10:00a.m. until 10:13 a.m.

At 11:02 a.m., Robert Coffey moved, seconded by Charles Casella to come out of executive session.  All voted in favor.

At 11:02 a.m., Michael Carey moved, seconded by Robert Coffey to recommend that, based upon an examination of the statutes, the Commission directs the Division to amend its current practice to allow purchases of service credit by any current SERS member who has prior qualified service in a Connecticut municipality that does not participate in CMERS. All voted in favor.

At 11:04 a.m., Robert Coffey moved, seconded by Charles Casella to recommend that the Commission deny Mr. Tedesco�s request.  All voted in favor.

At 11:06 a.m., Michael Carey moved, seconded by Charles Casella to recommend to the Commission that although Sen. Frantz would be designated a SERS member by statute, the calculation of his pension benefit would result in a monthly payment of $0, and that this analysis applies to anyone who is similarly situated.  All voted in favor.

At 11:09 a.m., Charles Casella moved, seconded by Robert Coffey to recommend that with respect to Item 3 the Commission direct the Division that with respect to individuals who have been refunded interest in excess of the CMERS statute, the amount in excess be recovered and this should be communicated to those individuals by means of a letter. All voted in favor.

At 11:11 a.m., the Chairman called for Old Business. No old business was discussed.

MEETING ADJOURNED:  With no further business before the Subcommittee, at 11:11 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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