DRAFT STATE OF CONNECTICUT STATE EMPLOYEES RETIREMENT COMMISSION Minutes January 16, 2020

DRAFT
STATE OF CONNECTICUT
STATE EMPLOYEES RETIREMENT COMMISSION

 

A regular meeting of the State Employees Retirement Commission (the "Commission") was held on January 16, 2020, in the 3rd Floor Conference Room at 165 Capitol Ave. Hartford, CT.  The meeting convened at 9:00 a.m. and the following members of the Commission were present: 

The following members of the Commission were absent:

Also present were:

Call to Order 

Chairman Adomeit called the meeting to order at 9:14 a.m. 

Chairman's Report 

A candidate to be the MERS liaison has been found. His name is Mr. Mark Sciota. He is an attorney, and he has been the town manager of Southington since 2017. He is very familiar with MERS because all of the bargaining units in the Town of Southington participate in MERS. He plans to attend an upcoming Retirement Commission meeting. 

At 9:16 a.m., Mr. Poulin moved, seconded by Mr. Casella to amend the agenda to include items 13, 14, 15 and 16; GASB 67 & GASB 68 Reports for the Connecticut State Employees� Retirement System and the Connecticut Judges, Family Support Magistrates and Compensation Commissioners Retirement System Prepared as of June 30, 2019.  The Chairman asked if there was any discussion.  There being no discussion he called for a vote.  All voted in favor.  

Division Director's Report 

There was a high amount of retirements in January. 

Division Director Report (1/16/2020)

I. Disability Retirements

Pending Disability Applications for the Initial Review by the Medical Examining Board:  The Division is in the process of adding additional meetings for 2020 in attempt to reduce the wait period.  Currently scheduling into July 2020.

 

    7/2019    8/2019     9/2019     10/2019     11/2019     12/2019     1/2020
Pending Disability Retirement Applications:    401    366     369   310     302    272     291

A. Twenty-Four Month Reviews 

B. Disability Files Processed:

 

7/2019     8/2019    9/2019    10/2019    11/2019     12/2019     1/2020
Disability Retirement Processed:    85    73     52    82     41     57      26

 

C. Disability Backlog:  As of today's date of the December Retirement Commission meeting there are approximately 1922 disability retirement applications that have yet to be finalized.  1776 are disability retirement applications with a retirement date that is pre-July 2016.  The remaining 146 applications are from July 2016 through the present.

 

7/2019     8/2019     9/2019     10/2019     11/2019    12/2019     1/2020
Disability Backlog:      1960     1958    1953     1941     1923     1927     1922

 

II. Normal Retirement Audits:

 

7/2019     8/2019    9/2019     10/2019     11/2019    12/2019    1/2020 
Retirements Processed:     186      193      175    162     151    100     178

 

New Matters

1. Request Commission Approval of the December 19, 2019 minutes.
i.  At 9:23 a.m., Mr. Luciano moved, seconded by Ms. Brown-Brewton to approve the December 19, 2019 minutes.
ii.  Chairman asked if there was any discussion. There being no discussion he called for a vote.
iii.  The Commission voted unanimously in favor to approve the December 19, 2019 minutes.

2. Request Commission Approval of the State Employees Retirement Commission Chairman�s Per Diem Expenses.
i.  At 9:24 a.m., Mr. Luciano moved, seconded by Ms. Brown-Brewton to approve the State Employees Retirement Commission Chairman�s Per Diem Expenses.
ii.  Chairman asked if there was any discussion. There being no discussion he called for a vote.
iii.  The Commission voted unanimously in favor to approve the State Employees Retirement Commission Chairman�s Per Diem Expenses.

3. Request Commission Approval of the State Employees Retirement Commission Union Trustee Claude Poulin�s Per Diem and Travel Expenses.
i.  At 9:24 a.m., Mr. Luciano moved, seconded by Ms. Brown-Brewton to approve the State Employees Retirement Commission Union Trustee Claude Poulin�s Per Diem and Travel Expenses.
ii.  Mr. Poulin abstained.
iii.  Chairman asked if there was any discussion. There being no discussion he called for a vote.
iv.  The Commission voted unanimously in favor, with Mr. Poulin abstaining, to approve the State Employees Retirement Commission Union Trustee Claude Poulin�s Per Diem and Travel Expenses.

4. Request Commission Acceptance of Invoices from Robinson and Cole for Federal Tax Matters rendered for the month of December.
i.  At 9:24 a.m., Mr. Luciano moved, seconded by Ms. Brown-Brewton to accept the Invoices from Robinson and Cole for Federal Tax Matters rendered for the month of December.
ii.  Chairman asked if there was any discussion. There being no discussion he called for a vote.
iii.  The Commission voted unanimously in favor to accept the Invoices from Robinson and Cole for Federal Tax Matters rendered for the month of December.
5. Request Commission Acceptance of Invoices from Rose Kallor rendered for the month of December.
i.  At 9:24 a.m., Mr. Luciano moved, seconded by Ms. Brown-Brewton to accept the invoices from Rose Kallor rendered for the month of December. ii.  Chairman asked if there was any discussion. There being no discussion he called for a vote.
iii.  The Commission voted unanimously in favor to accept the invoices from Rose Kallor rendered for the month of December.

6. Request Commission Approval of the Connecticut State Employees Retirement System Service Retirements for the Month of December 2019. 
i.  At 9:24 a.m., Mr. Luciano moved, seconded by Ms. Brown-Brewton to approve the Connecticut State Employees Retirement System Service Retirements for the Month of December 2019.
ii.  Chairman asked if there was any discussion. There being no discussion he called for a vote.
iii.  The Commission voted unanimously in favor to approve the Connecticut State Employees Retirement System Service Retirements for the Month of December 2019.

7. Request Commission Approval of the Connecticut State Employees Retirement System Voluntary Pending Retirements for the Month of December 2019.
i. At 9:24 a.m., Mr. Luciano moved, seconded by Ms. Brown-Brewton to approve the Connecticut State Employees Retirement System Voluntary Pending Retirements for the Month of December 2019. ii.  Chairman asked if there was any discussion. There being no discussion he called for a vote.
iii.  The Commission voted unanimously in favor to approve the Connecticut State Employees Retirement System Voluntary Pending Retirements for the Month of December 2019.
8. Request Commission Approval of the Connecticut State Employees System Disability Retirements for the Month of December 2019.
i.  At 9:24 a.m., Mr. Luciano moved, seconded by Ms. Brown-Brewton to approve the Connecticut State Employees System Disability Retirements for the Month of December 2019.
ii.  Chairman asked if there was any discussion. There being no discussion he called for a vote.
iii.  The Commission voted unanimously in favor to approve the Connecticut State Employees System Disability Retirements for the Month of December 2019.

9. Request Commission Approval of the Connecticut State Employees Retirement System Municipal Employees Retirements for the Month of December 2019.
i.  At 9:24 a.m., Mr. Luciano moved, seconded by Ms. Brown-Brewton to approve the Connecticut State Employees Retirement System Municipal Employees Retirements for the Month of December 2019.
ii.  Chairman asked if there was any discussion. There being no discussion he called for a vote.
iii.  The Commission voted unanimously in favor to approve the Connecticut State Employees Retirement System Municipal Retirements for the Month of December 2019.

10.  Request Commission Approval of the Municipal Retirement System Disability Retirements Approvals by the Medical Examining Board.
i.  At 9:25 a.m., Mr. Luciano moved, seconded by Ms. Brown-Brewton to approve the Municipal Retirement System Disability Retirements Approvals by the Medical Examining Board.
ii.  Chairman asked if there was any discussion. There being no discussion he called for a vote.
iii.  The Commission voted unanimously in favor to approve the Municipal Retirement System Disability Retirements Approvals by the Medical Examining Board.

11. Request Commission Approval of the Connecticut Judges, Family Support Magistrates and Compensation Commissioners Retirement System (Omitted from the December meeting).
i. At 9:25a.m., Mr. Luciano moved, seconded by Ms. Brown-Brewton to approve Connecticut Judges, Family Support Magistrates and Compensation Commissioners Retirement System.
ii. Chairman asked if there was any discussion. There being no discussion he called for a vote.
iii. The Commission voted unanimously in favor approve Connecticut Judges, Family Support Magistrates and Compensation Commissioners Retirement System.

12.  Request Commission Approval of the Connecticut Probate Judges and Employees Retirement System.

i.  At 9:25 a.m., Mr. Luciano moved, seconded by Ms. Brown-Brewton to approve the Connecticut Probate Judges and Employees Retirement System.
ii.  Chairman asked if there was any discussion. There being no discussion he called for a vote.
iii.  The Commission voted unanimously in favor to approve the Connecticut Probate Judges and Employees Retirement System.

13.  Request Commission Acceptance of the GASB 67 Report for the Connecticut Judges, Family Support Magistrates and Compensation Commissioners Retirement System Prepared as of June 30, 2019.

i. At 9:25 a.m., Mr. Luciano moved, seconded by Ms. Brown-Brewton to accept the GASB 67 Report for the Connecticut Judges, Family Support Magistrates and Compensation Commissioners Retirement System Prepared as of June 30, 2019.
ii. Chairman asked if there was any discussion. There being no discussion he called for a vote.
iii. The Commission voted unanimously in favor to accept the GASB 67 Report for the Connecticut Judges, Family Support Magistrates and Compensation Commissioners Retirement System Prepared as of June 30, 2019.

14.  Request Commission Acceptance of the GASB 68 Report for the Connecticut Judges, Family Support Magistrates and Compensation Commissioners Retirement System Prepared as of June 30, 2019.

i. At 9:25 a.m., Mr. Luciano moved, seconded by Ms. Brown-Brewton to accept the GASB 68 Report for the Connecticut Judges, Family Support Magistrates and Compensation Commissioners Retirement System Prepared as of June 30, 2019.
ii. Chairman asked if there was any discussion. There being no discussion he called for a vote. 
iii. The Commission voted unanimously in favor to accept the GASB 68 Report for the Connecticut Judges, Family Support Magistrates and Compensation Commissioners Retirement System Prepared as of June 30, 2019.

15.  Request Commission Acceptance of the GASB 67 Report for the Connecticut State Employees� Retirement System Prepared as of June 30, 2019.

i. At 9:25 a.m., Mr. Luciano moved, seconded by Ms. Brown-Brewton to accept the GASB 67 Report for the Connecticut State Employees� Retirement System Prepared as of June 30, 2019.
ii. Chairman asked if there was any discussion. There being no discussion he called for a vote.
iii. The Commission voted unanimously in favor to accept GASB 67 Report for the Connecticut State Employees� Retirement System Prepared as of June 30, 2019.

16.  Request Commission Acceptance of the GASB 68 Report for the Connecticut State Employees� Retirement System Prepared as of June 30, 2019 Measurement Date for June 30, 2020 Reporting Date.

i. At 9:25 a.m., Mr. Luciano moved, seconded by Ms. Brown-Brewton to accept the GASB 68 Report for the Connecticut State Employees� Retirement System Prepared as of June 30, 2019 Measurement Date for June 30, 2020 Reporting Date.
ii. Chairman asked if there was any discussion. There being no discussion he called for a vote.
iii. The Commission voted unanimously in favor accept the GASB 68 Report for the Connecticut State Employees� Retirement System Prepared as of June 30, 2019 Measurement Date for June 30, 2020 Reporting Date.

Executive Session - discussion and possible action

  1. VCP application - written legal opinion
  2. SERS Compilation - written legal opinion
  3. David Carter/Richard Kay v. SERC - pending litigation
  4. Town of Thompson v. SERC - pending litigation
  5. Ronald Johnson v. SERC - pending claim/litigation
  6. Catherine Crandle v. SERC - pending litigation
  7. Scott Barton appeal - written legal opinion
  8. Jeffrey Heser appeal - written legal opinion
  9. Gary Fredericks request for reconsideration - written legal opinion
  10. Thomas Roberts request for reconsideration - written legal opinion
  11. Brian Comerford v. SERC - pending litigation

At 9:25 a.m., Mr. Luciano moved, seconded by Ms. Brown-Brewton to suspend the regular meeting and go into executive session for the purposes of discussing Item 1. Attorney Barth, Attorney Braswell, Attorney Cieslak, John Herrington, Colin Newman, Attorney Rose and Attorney Sullivan were invited by the Commission to stay for executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously in favor to enter executive session to discuss Item 1.

At 9:28 a.m., Mr. Luciano moved, seconded by Ms. Brown-Brewton to exit executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously to exit executive session.

At 9:28 a.m., Mr. Luciano moved, seconded by Ms. Brown-Brewton to go into executive session for purposes of discussing Item 2.  Attorney Barth, Attorney Braswell, Attorney Cieslak, John Herrington, Colin Newman, Attorney Rose and Attorney Sullivan were invited by the Commission to stay for executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously in favor to enter executive session to discuss Item 2.

At 9:32 a.m., Mr. Luciano moved, seconded by Ms. Brown-Brewton to exit executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously to exit executive session.

At 9:32 a.m., Mr. Luciano moved, seconded by Ms. Brown-Brewton to go into executive session for the purposes of discussing Item 3. Attorney Barth, Attorney Braswell, Attorney Cieslak, John Herrington, Colin Newman, Attorney Rose and Attorney Sullivan were invited by the Commission to stay for executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously in favor to enter executive session to discuss Item 3.

At 9:39 a.m., Mr. Luciano moved, seconded by Mr. Quiros to exit executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously to exit executive session.

At 9:39 a.m., Mr. Luciano moved, seconded by Mr. Quiros to go into executive session for purposes of discussing Item 4.  Attorney Barth, Attorney Braswell, Attorney Cieslak, John Herrington, Colin Newman, Attorney Rose and Attorney Sullivan were invited by the Commission to stay for executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously in favor to enter executive session to discuss Item 4.

At 9:47 a.m., Mr. Luciano moved, seconded by Mr. Quiros to exit executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously to exit executive session.

At 9:47 a.m., Mr. Luciano moved, seconded by Mr. Quiros to go into executive session for purposes of discussing Item 5.  Attorney Barth, Attorney Braswell, Attorney Cieslak, John Herrington, Colin Newman, Attorney Rose and Attorney Sullivan were invited by the Commission to stay for executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously in favor to enter executive session to discuss Item 5.

At 9:49 a.m., Mr. Luciano moved, seconded by Mr. Quiros to exit executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously to exit executive session.

At 9:49 a.m., Mr. Luciano moved, seconded by Mr. Quiros to go into executive session for purposes of discussing Item 6.  Attorney Barth, Attorney Braswell, Attorney Cieslak, John Herrington, Colin Newman, Attorney Rose and Attorney Sullivan were invited by the Commission to stay for executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously in favor to enter executive session to discuss Item 6.

At 9:50 a.m., Mr. Luciano moved, seconded by Mr. Quiros to exit executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously to exit executive session.

At 9:50 a.m., Mr. Luciano moved, seconded by Mr. Quiros to go into executive session for purposes of discussing Item 7.  Attorney Barth, Attorney Braswell, Attorney Cieslak, John Herrington, Colin Newman, Attorney Rose and Attorney Sullivan were invited by the Commission to stay for executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously in favor to enter executive session to discuss Item 7.

At 9:57 a.m., Mr. Luciano moved, seconded by Mr. Quiros to exit executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously to exit executive session.

At 9:58 a.m., Mr. Luciano moved, seconded by Mr. Quiros to go into executive session for purposes of discussing Item 8.  Attorney Barth, Attorney Braswell, Attorney Cieslak, John Herrington, Colin Newman, Attorney Rose and Attorney Sullivan were invited by the Commission to stay for executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously in favor to enter executive session to discuss Item 8.

At 10:07 a.m., Mr. Luciano moved, seconded by Mr. Quiros to exit executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously to exit executive session.

At 10:07 a.m., Mr. Luciano moved, seconded by Mr. Quiros to go into executive session for purposes of discussing Item 9.  Attorney Barth, Attorney Braswell, Attorney Cieslak, John Herrington, Colin Newman, Attorney Rose and Attorney Sullivan were invited by the Commission to stay for executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously in favor to enter executive session to discuss Item 9.

At 10:11 a.m., Mr. Luciano moved, seconded by Mr. Quiros to exit executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously to exit executive session.

At 10:11 a.m., Mr. Luciano moved, seconded by Mr. Quiros to go into executive session for purposes of discussing Item 10.  Attorney Barth, Attorney Braswell, Attorney Cieslak, John Herrington, Colin Newman, Attorney Rose and Attorney Sullivan were invited by the Commission to stay for executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously in favor to enter executive session to discuss Item 10.

At 10:22 a.m., Mr. Luciano moved, seconded by Mr. Quiros to exit executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously to exit executive session.

At 10:22 a.m., Mr. Luciano moved, seconded by Mr. Quiros to go into executive session for purposes of discussing Item 11.  Attorney Barth, Attorney Braswell, Attorney Cieslak, John Herrington, Colin Newman, Attorney Rose and Attorney Sullivan were invited by the Commission to stay for executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously in favor to enter executive session to discuss Item 11.

At 10:23 a.m., Mr. Luciano moved, seconded by Mr. Quiros to exit executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously to exit executive session.

At 10:24 a.m., Mr. Luciano moved, seconded by Mr. Quiros to go into executive session for purposes of discussing Item 12.  Attorney Barth, Attorney Braswell, Attorney Cieslak, John Herrington, Colin Newman, Attorney Rose and Attorney Sullivan were invited by the Commission to stay for executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously in favor to enter executive session to discuss Item 12.

At 10:25 a.m., Mr. Luciano moved, seconded by Mr. Quiros to exit executive session. The Chairman asked if there was any discussion. There being no discussion he called for a vote. The Commission voted unanimously to exit executive session.

At 10:28 a.m., Ms. Brown- Brewton moved, seconded by Mr. Luciano with respect to the Town of Thompson, that the actual dollar amount is the amount counsel shall provide to Thompson as the amount that shall be paid within 30 days with the understanding that there is an escalator of 0.5% if not paid within 30 days. The Chairman asked if there was any discussion. There being no discussion he called for a vote.  The Commission voted unanimously in favor.

At 10:28 a.m., Ms. Brown-Brewton moved, seconded by Mr. Luciano, that with respect to Mr. Heser�s appeal that the Commission direct the Division to reinstate Mr. Heser�s pay retroactively and to pursue additional questions and absent satisfaction proceed to discontinue the pay with due process provided to the individual. The Chairman asked if there was any discussion. There being no discussion he called for a vote.  The Commission voted unanimously in favor.

At 10:29 a.m., Ms. Brown-Brewton moved, seconded by Mr. Luciano with respect to Mr. Roberts� request for reconsideration that counsel reject the settlement offer made by Mr. Roberts� estate and pursue the matter accordingly. The Chairman asked if there was any discussion. There being no discussion he called for a vote.  The Commission voted unanimously in favor.

At 10:30 a.m., Mr. Luciano moved, seconded by Ms. Brown Brewton to deny Mr. Fredricks� request for reconsideration.  The Chairman asked if there was any discussion. There being no discussion he called for a vote.  The Commission voted unanimously in favor.

At 10:30 a.m., Mr. Coffey moved, seconded by Mr. Casella to approve the recommendation from the Legal and Personnel Subcommittee and accept the recommendation from Counsel that Mr. Barton�s appeal has not presented any legal arguments which would support a reversal of the Division�s decision in this matter, and therefore, deny the appeal. The Chairman asked if there was any discussion. There being no discussion he called for a vote.  The Commission voted unanimously in favor.

Adjournment

With no further business before the Commission, Ms. Brown-Brewton moved, seconded by Mr. Chisem to adjourn at 10:31 a.m.  The Commission voted unanimously to adjourn.

 

Respectfully Submitted by: 

__________________________________
Peter Adomeit, Chairman

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Prepared by John Herrington
Director Retirement Service Division

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