STATE EMPLOYEES RETIREMENT COMMISSION

LEGAL AND PERSONNEL SUBCOMMITTEE

MINUTES OF MEETING

November 4, 2015

TRUSTEES PRESENT

Peter Adomeit, Chair

Michael Carey

Charles Casella

Robert Coffey

Paul Fortier

COUNSEL PRESENT

Bruce Barth, Commission Counsel for IRS matters

Michael Rose, Counsel for the Commission

The Chair called the meeting to order at 8:50 a.m. The Subcommittee took up the matter of Anthony Salvatore of Cromwell. The Subcommittee discussed the information provided by letter from Mr. Salvatore concerning his eligibility to receive a MERS pension, and decided to take no action until Counsel prepares recommendations regarding each employee. The Subcommittee also requested an opinion letter from the Counsel for IRS matters regarding the cost of living issue raised by Mr. Salvatore in his letter.

At 9:04 a.m., the Subcommittee met with Albert Carfora of East Haven concerning his response to the MERS Reemployment Survey. He was represented by Attorney John Walsh. Mr. Carfora and Attorney Walsh explained that Mr. Carfora had been awarded a MERS disability retirement from the East Haven Fire Department and was reemployed in a position covered by the Teachers Retirement System, and, as such, he is entitled to continue receiving the disability pension and a salary from the East Haven Board of Education. Following a discussion about whether the Board of Education and the Town are the same municipality or separate, the Subcommittee decided to take no action until Counsel prepares recommendations concerning each employee.

At 9:47 a.m., Mr. Coffey moved, seconded by Mr. Casella to go into Executive Session to discuss the following agenda items and to invite Attorney Rose and Attorney Barth to participate in the discussions:

1. Report from Counsel Regarding the Sampieri Case
2. Report from Counsel Regarding the Bouchard Case
3. Report from Counsel Regarding the Maturo Case
4. Report from Counsel Regarding the Cruz-Aponte Case
5. Report from Counsel Regarding an Advisory Opinion for a Retiree on Disability Retirement
6. Report and Legal Analysis from Attorneys Regarding Hearings with individual MERS Retirees Concerning current Employment
7. Report from Counsel Regarding process to make changes to the website.

All voted in favor.

At 9:48 a.m., the Subcommittee commenced consideration of the legal analysis of the individual cases of MERS Retirees who were currently reemployed with Connecticut town governments or Boards of Education and who responded to the MERS Reemployment Survey, presented by Attorney Rose and Attorney Barth. Mr. Fortier left the meeting at 10:45 a.m.

At 11:40 a.m., the Subcommittee commenced discussion on the remaining items on the Executive Session agenda: Sampieri, Bouchard, Maturo, Cruz-Aponte, Advisory opinion for retiree on disability retirement, and Report from Counsel on the process to make changes to the website.

At 12:10 a.m., Mr. Coffey moved, seconded by Mr. Casella to come out of Executive Session. All voted in favor.

No motions were made regarding the items discussed on Executive Session during the Public Session that followed.

At 12:12 p.m., Mr. Coffey moved, seconded by Mr. Casella to adjourn. All voted in favor. The meeting adjourned.

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