Retirement Services Division May 13, 2015 Minutes of the Retirement Commission Legal & Personnel Subcommittee




May 13, 2015

DATE OF MEETING: Wednesday, May 13, 2015
LOCATION OF MEETING: Office of the State Comptroller
   55 Elm Street
   3rd Floor Conference Room E
   Hartford, CT 06106

Trustees Present

Peter Blum, Chairman
Michael Carey
Charles Casella
Robert Coffey
Paul Fortier

Also Present

Michael Rose, SERC Legal Counsel,
Cynthia Christie, SERC Legal Counsel for IRS Matters, joined the meeting at 9:46 am

The meeting was called to order at 8:35. Attorney Rose briefed the trustees on the status of the matters listed in the agenda:

1. Loren Casertano
2. Ismael Feliciano
3. William Gagliardi
4. Petition for a Declaratory Ruling from UPSEU, Local 424, Unit 79 Thompson
5. ARP Modification. The Trustees agreed that they would invite Dr. Woodruff and Attorney Haering of the OSC Benefits Division, an attorney from Shipman and Goodwin and SERC Legal Counsel on IRS Matters to the next subcommittee meeting to provide guidance regarding the trustees' fiduciary responsibilities pertaining to ARP.
6. Etim
7. Brown
8. Maturo

Following this briefing, the trustees discussed the procedures for approving the invoices of the SERC Legal Counsel for payment. No action was taken.
Mr. Coffey moved, Mr. Casella seconded, and all voted in favor to go into Executive Session to be briefed by Attorney Rose on the status of the following pending litigation:

1. Bouchard-Counsel assessment of briefs and timetable
2. Quintiliano-draft of declaratory ruling
3. Dobbins-draft of declaratory ruling
4. Gagliardi-memorandum from Attorney Rose

Mr. Casella moved, Mr. Coffey seconded, and all voted in favor, to come out of Executive Session. No motions were made regarding the matters discussed in the Executive Session.

Discussion was held regarding the outcome of criminal proceedings regarding the Gina Layman matter. Mr. Coffey moved, Mr. Carey seconded and all voted in favor to refer the Layman matter to the Subcommittee on Regulations and Overpayments for consideration of regulations and procedures related to the referral of such collection matters to the Attorney General.

At 9:46 am, Mr. Coffey left the meeting.

At 9:46 am, Mr. Carey moved to go into executive session to discuss written materials from Robinson & Cole which provide advice relevant to dealing with the IRS on the SAG Award. The motion included an invitation for Attorney Cynthia Christie from Robinson & Cole and Commission Counsel Michael Rose to join in the executive session. Mr. Fortier seconded the motion. All voted in favor.

At 10:27 am, Mr. Fortier moved to come out of executive session. Mr. Casella seconded the motion. All voted in favor.

The following motions were taken out of executive session:

1. Mr. Casella moved to recommend to the full Commission to appoint a working group to work with Robinson & Cole on IRS compliance issues relevant to implementing the SAG Award. Mr. Fortier seconded the motion. All voted in favor.

2. Mr. Fortier moved to refer the report from the Auditors of Public Accounts to Robinson & Cole for review and possible comment. Mr. Casella seconded the motion. All voted in favor.

Mr. Carey moved to amend the agenda to discuss with Robinson & Cole pending legislation. Mr. Fortier seconded the motion. All voted in favor. Passing of the motion was followed by a general discussion on pending legislation.

The Sub-Committee engaged in a general discussion about the audit report provided to the Office of the State Comptroller by the Auditors of Public Accounts.
At 10:46 am, Mr. Fortier moved to adjourn. Mr. Casella seconded the motion. All voted in favor. Meeting adjourned.

Respectfully submitted,

Robert Coffey and Michael Carey

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