STATE OF CONNECTICUT STATE STATE EMPLOYEES RETIREMENT COMMISSION Minutes July 18, 2019

DRAFT
STATE OF CONNECTICUT
STATE EMPLOYEES RETIREMENT COMMISSION

A regular meeting of the State Employees Retirement Commission (the �Commission�) was held on July 18, 2019, in 7th Floor Conference Room at 55 Elm Street, Hartford Connecticut.  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 9:05 a.m.

Chairman's Report

The state is not going to require the Retirement Commission to put out an RFP to rehire a tax attorney. The Chairman asked that the executive session agenda be amended to add a discussion of the current tax attorney and to make sure all the trustees were in agreement with not needing to submit a RFP.  

At 9:09 a.m., Mr. Casella moved, seconded by Ms. Brown-Brewton, to amend the executive session portion of the agenda to add a discussion regarding legal services for tax matters.  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 

At 9:10 a.m., Mr. Herrington provided the Division Director�s Report. This month was a standard month for retirements processed. The Division was able to focus on the increased disability backlog. The Division has also been working on implementing the MERS rate changes. 

July 2019 Division Director Report 

   4/2019   5/2019     6/2019     7/2019
Pending Disability Retirement           
Applications:    393    423    381    402
4/2019     5/2019     6/2019     7/2019
Disability Retirements Processed     37    51    74    85
4/2019     5/2019     6/2019     7/2019
Disability Backlog     2016    2002    1997    1960
Normal Retirement Audits: 
2/2019   3/2019   4/2019   5/2019   6/2019    7/2019
Retirements Processed   225   214   219   101   143  186

New Matters

1. Request Commission Approval of the June 20, 2019 minutes.
i.  At 9:18 a.m., Mr. Luciano moved, seconded by Mr. Quiros to approve the June 20, 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 June 20, 2019 minutes.

2. Request Commission Approval of the State Employees Retirement Commission Chairman�s Per Diem Expenses.
i.  At 9:18 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 Per Diem and Travel Expenses.
i. At 9:18 a.m., Mr. Luciano moved, seconded by Ms. Brown Brewton to approve the State Employees Retirement Commission Union Trustee�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's Per Diem and Travel Expenses.

4. Request Commission Acceptance of the July 2019 Billing from Robinson and Cole for Federal Tax Matters.
i. At 9:18 a.m., Mr. Luciano moved, seconded by Mr. Fortier to accept the July 2019 billing from Robinson and Cole for Federal Tax Matters.
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 July 2019 billing from Robinson and Cole for Federal Tax Matters.

5. Request Commission Acceptance of the July 2019 Billing from Robinson and Cole for CMERS.
i.  At 9:18 a.m., Mr. Luciano moved, seconded by Mr. Fortier to accept the July 2019 billing from Robinson and Cole for CMERS.
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 July 2019 billing from Robinson and Cole for CMERS.

6. Request Commission Acceptance of Invoices from Rose Kallor rendered for the month of June.
i.  At 9:18 a.m., Mr. Luciano moved, seconded by Mr. Fortier to accept the invoices from Rose Kallor rendered for the month of June.
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 June.

7. Request Commission Approval of the Connecticut State Employees Retirement System Service Retirements for the Month of June 2019. 
i.  At 9:19 a.m., Mr. Luciano moved, seconded by Mr. Fortier to approve the Connecticut State Employees Retirement System Service Retirements for the Month of June 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 June 2019.

8. Request Commission Approval of the Connecticut State Employees Retirement System Voluntary Pending Retirements for the Month of June 2019.
i.  At 9:19 a.m., Mr. Luciano moved, seconded by Mr. Fortier to approve the Connecticut State Employees Retirement System Voluntary Pending Retirements for the Month of June 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 June 2019.

9. Request Commission Approval of the Connecticut State Employees System Disability Retirements for the Month of June 2019.
i. At 9:19 a.m., Mr. Luciano moved, seconded by Mr. Fortier to approve the Connecticut State Employees System Disability Retirements for the Month of June 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 June 2019.

10. Request Commission Approval of the Connecticut State Employees System Retroactive Retirements for the Month of June 2019.
i. At 9:19 a.m., Mr. Luciano moved, seconded by Mr. Fortier to approve the Connecticut State Employees System Retroactive Retirements for the Month of June 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 Retroactive Retirements for the Month of June 2019.

11. Request Commission Approval of the Municipal Employees Retirement System Retirements for the Month of June 2019.
i. At 9:19 a.m., Mr. Luciano moved, seconded by Mr. Fortier to approve the Municipal Employees Retirement System Retirements for the Month of June 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 Municipal Employees Retirement System Retirements for the month of June 2019.

12. Request Commission Acceptance of the Recommendations by the Medical Examining Board for the Continued Entitlement Tabled and Denials.
i.  At 9:19 a.m., Mr. Luciano moved, seconded by Mr. Fortier to accept the recommendations by the Medical Examining Board for the Continued Entitlement Tabled and Denials.
ii.  Chairman asked if there was any discussion. There was a brief discussion.  Mr. Carey inquired whether the Retirement Services Division is pursuing any possibility of fraud with any of these cases.  Mr. Newman advised that he would follow up.
iii.  There being no further discussion, the Chairman called for a vote. The Commission voted unanimously in favor to accept the recommendations by the Medical Examining Board for the Continued Entitlement Tabled and Denials.
13.  Request Commission Acceptance of the Recommendations by the Medical Examining Board for the Continued Entitlement Approvals.
i.  At 9:20 a.m., Mr. Luciano moved, seconded by Mr. Fortier to accept the recommendations by the Medical Examining Board for the Continued Entitlement Approvals.
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 recommendations by the Medical Examining Board for the Continued Entitlement Approvals.

14.  Request Commission Approval of the Municipal Employees Retirement System Disability Retirements Approved by the Medical Examining Board.
i.  At 9:20 a.m., Mr. Luciano moved, seconded by Ms. Brown-Brewton to approve the Municipal Employees Retirement System Disability Retirements Approved 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 Employees Retirement System Disability Retirements Approved by the Medical Examining Board.

15.  Request Commission Approval of the Municipal Employees Retirement System Disability Retirements Tabled and Denied by the Medical Examining Board.
i.At 9:20 a.m., Mr. Luciano moved, seconded by Ms. Brown-Brewton to approve the Municipal Employees Retirement System Disability Retirements Tabled and Denied 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 Employees Retirement System Disability Retirements Tabled and Denied by the Medical Examining Board.

16. Request Commission Approval of the Connecticut Probate, Judges and Employees Retirement System.
i. At 9:20 a.m., Mr. Luciano moved, seconded by Mr. Chisem to approve the 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 to approve the Connecticut Probate, Judges and Employees Retirement System.

17. Request Commission Approval of the Probate Judges and Employees Retirement Fund Personnel Expenses for the Pay Period May 10, 2019 Through June 6, 2019.
i. At 9:20 a.m., Mr. Luciano moved, seconded by Ms. Brown Brewton to approve the Probate Judges and Employees Retirement Fund Personnel Expenses for the Pay Period May 10, 2019 Through June 6, 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 Probate Judges and Employees Retirement Fund Personnel Expenses for the Pay Period May 10, 2019 Through June 6, 2019.

Executive Session - discussion and possible action

  1. Ralph Tedesco petition for declaratory ruling - written legal opinion
  2. Town of Thompson - pending litigation
  3. Ronald Johnson - pending litigation
  4. Catherine Crandle - pending litigation
  5. David Carter/Richard Kay - pending litigation
  6. James Rizzio - pending litigation Legal Services for Tax Matters - personnel discussion

At 9:20 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, 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 9:22 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 9:22 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, 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 9:24 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 9:24 a.m., Mr. Luciano moved, seconded by Ms. Brown Brewton to go into executive session for purposes of discussing Item 3.  Attorney Barth, Attorney Braswell, Attorney Cieslak, John Herrington, Colin Newman, 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 9:25 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 9:25 a.m., Mr. Luciano moved, seconded by Ms. Brown Brewton to go into executive session for purposes of discussing Item 4.  Attorney Barth, Attorney Braswell, Attorney Cieslak, John Herrington, Colin Newman, 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 9:26 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 9:26 a.m., Mr. Luciano moved, seconded by Ms. Brown Brewton to go into executive session for purposes of discussing Item 5.  Attorney Barth, Attorney Braswell, Attorney Cieslak, John Herrington, Colin Newman, 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 9:27 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 9:27 a.m., Mr. Luciano moved, seconded by Ms. Brown Brewton to go into executive session for purposes of discussing Item 6.  Attorney Barth, Attorney Braswell, Attorney Cieslak, John Herrington, Colin Newman, 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 9:29 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 9:29 a.m., Mr. Luciano moved, seconded by Ms. Brown Brewton to go into executive session for purposes of discussing Item 7.  Attorney Braswell, John Herrington, and Colin Newman 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 9:35 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. 

In public session the following discussion occurred and motions were made: 

At 9:36 a.m., Mr. Carey moved, seconded by Mr. Casella to authorize counsel to enter into a settlement agreement with Thompson on behalf of the Commission, if the proposal by the Town does not exceed a cost of $15,000 to the fund. The Chairman asked if there was any discussion. There being no discussion he called for a vote. All voted in favor.

At 9:37 a.m., Mr. Coffey moved, seconded by Mr. Casella to authorize counsel to draft a declaratory ruling in response to Mr. Tedesco�s petition for the Commission�s review. The Chairman asked if there was any discussion. There being no discussion he called for a vote. All voted in favor.

At 9:37 a.m., Mr. Coffey moved, seconded by Ms. Brown-Brewton to authorize the legal and personnel subcommittee to enter into negations with Robinson and Cole for a contract for legal services for a duration of 3 years, with the option to renew each of the next 2 years. The Chairman asked if there was any discussion. There being no discussion he called for a vote. All voted in favor.

Adjournment 

With no further business before the Commission, Mr. Luciano moved, seconded by Ms. Nolen adjourn at 9:38 a.m.  The Commission voted unanimously to adjourn.

 

Respectfully Submitted by: 

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Peter Adomeit, Chairman

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Prepared by John Herrington
Director Retirement Service Division

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