Minutes of Meeting November 7, 2018 Legal & Personnel Subcommittee State Employees Retirement Commission

Retirement division memo header

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

DATE:  November 7, 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 8:35 a.m.

At 8:36 a.m., Robert Coffey moved, seconded by Charles Casella to approve the agenda.  All voted in favor.

At 8:36 a.m., Chairman Adomeit called for new business. 

A discussion was held regarding the CMERS Reemployment Surveys.  John Herrington advised that the Division is still processing the surveys, and the Division has not yet identified any retirees that are not in compliance with the CMERS reemployment statute.  John Herrington will provide a report to the Commission.

At 8:44 a.m., Charles Casella moved, seconded by Robert Coffey, to enter into executive session for the purpose of discussing item nos. 1-13 on the agenda for executive session.  All voted in favor.  Attorneys Rose, Cieslak, Barth and Sullivan were invited into executive session. 

Executive Session - discussion and possible recommendation

  1. Equity Refunds - written legal opinion.
  2. Conn. Gen. Stat. � 5-192b interpretation - written legal opinion.
  3. Catherine Crandle - pending claim/written legal opinion.
  4. Jeremy Wiganowske - pending litigation/pending claim.
  5. Robert Ziegler - pending claim/written legal opinion.
  6. Tabled MEB determinations (Stewart Hillman, Paul Cicarella, Erskine Edwards, and Karen Zelvin) - written legal opinion.
  7. David Carter - pending litigation.
  8. Richard Kay - pending litigation.
  9. Town of Thompson - pending litigation.
  10. Carol Walenski - pending litigation.
  11. Ronald Johnson � pending litigation.
  12. Gary Soracchi - pending litigation.
  13. James Rizzio - pending litigation.

At 10:34 a.m., Charles Casella moved, seconded by Robert Coffey, to come out of executive session. All voted in favor.

At 10:34 a.m., Michael Carey moved, seconded by Charles Casella, to recommend to the Commission that the Commission provide the MEB with instruction as to the MEB�s scope of authority with respect to rendering decisions for 24 month reviews and investigative reviews.  All voted in favor.

At 10:37 a.m., Michael Carey moved, seconded by Robert Coffey, to recommend to the Commission that, based upon the facts before the Subcommittee as it relates to Mr. Ziegler�s claim, per existing practice, Mr. Ziegler should receive service credit for the period of time he received disability retirement payments. All voted in favor.

At 10:38 a.m., Michael Carey moved, seconded by Robert Coffey, to recommend to the Commission that the Commission accept the decisions of the MEB relating to Stewart Hillman, Paul Cicarella, Erskine Edwards, and Karen Zelvin.  All voted in favor.

At 10:40 a.m., Michael Carey moved, seconded by Charles Casella, to recommend to the Commission that, based upon a review of the legal issues surrounding the interpretation of Conn. Gen. Stat. � 5-192b(c), the Commission continue the current practice.  All voted in favor.

At 10:41 a.m., Charles Casella moved, seconded by Robert Coffey to recommend to the Commission that the Commission approve the draft declaratory ruling relating to Catherine Crandle prepared by counsel.  All voted in favor.

At 10:42 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 would discuss the matter with the Comptroller.

Attorney Barth advised of a potential issue as it relates to implementing the SAG Award.  Chairman Adomeit asked that a written legal opinion be prepared and that it be placed on the Commission�s agenda for discussion.

Chairman Adomeit also discussed the menu for the Commission's holiday party to take place in December.

MEETING ADJOURNED:  At 10:53 a.m., Robert Coffey moved, seconded by Charles Casella, to adjourn.  All voted in favor.  Meeting adjourned.

 

Respectfully submitted,

 

Robert Coffey

 

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