State Employees Retirement Commission Meeting Minutes May 16, 2019

DRAFT
STATE OF CONNECTICUT
STATE EMPLOYEES RETIREMENT COMMISSION

A regular meeting of the State Employees Retirement Commission (the �Commission�) was held on May 16, 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 9:06 a.m. 

Chairman's Report

The Chairman asked for the agenda to be amended to add the actuarial calculations of the withdrawal of municipality.

  1.  At 9:07 a.m., moved, seconded by Mr. Casella to accept the recommendation of CMERS actuary regarding the use of the 20-year municipal bond discount rate in the computation of liabilities for entities that want to terminate their participation from CMERS.
  2.  The Chairman asked if there was any discussion. There being no discussion he called for a vote.
  3. The Commission voted unanimously in favor to amend the agenda to add, under Executive Session, the recommendation of CMERS actuary regarding the use of the 20-year municipal bond discount rate in the computation of liabilities for entities that want to terminate their participation from CMERS.

Division Director�s Report 

At 9:08 a.m., Mr. Herrington provided the Division Director�s Report. As the responsibilities diminish the Division is focusing their efforts on disability.  

Division Director Report (5/16/2019)

I.  Disability Retirements 

A.  Pending Disability Applications for the Initial Review by the Medical Examining Board: The Division continues to analyze the 15 dates that have been scheduled for MEB meetings for the remainder of 2019 in an attempt to add more initial application type meetings so as to reduce the wait period. 

4/2019    5/2019
Pending Disability Retirement Applications    393    423

B.  Twenty-Four Month Reviews 

C.  Disability Files Processed (51)

 

 

   4/2019     5/2019 
Disability Retirements Processed     37     51 

D.  Disability Backlog:  As of today�s date of the May Retirement Commission meeting there are approximately 2002 disability retirement applications that have yet to be finalized.  1821 are disability retirement applications with a retirement date that is pre-July 1, 2016.  The remaining 181 applications are from July 1, 2016 through the present.   

 

   4/2019    5/2019
Disability Backlog     2016    2002

III.  Normal Retirement Audits:

1/2019   2/2019   3/2019   4/2019   5/2019
Retirements Processed   210   225   214   219   101

New Matters

1. Request Commission Approval of the April 18, 2019 minutes.

i. At 9:22 a.m., Mr. Luciano moved, seconded by Ms. Nolen to approve the April 18, 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 April 18, 2019 minutes.

2. Request Commission Approval of the State Employees Retirement Commission Chairman�s Per Diem Expenses.

i.  At 9:22 a.m., Mr. Luciano moved, seconded by Mr. Casella 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 9:22 a.m., Mr. Luciano moved, seconded by Mr. Casella 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 Claude Poulin Per Diem and Travel Expenses.

4. Request Commission Acceptance of the May 2019 Billing from Robinson and Cole for Federal Tax Matters.

i.  At 9:23 a.m., Mr. Luciano moved, seconded by Mr. Casella to accept the March 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 March 2019 billing from Robinson and Cole for Federal Tax Matters.

5. Request Commission Acceptance of the May 2019 Billing from Robinson and Cole for CMERS.

i.  At 9:23 a.m., Mr. Luciano moved, seconded by Mr. Casella to accept the March 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 March 2019 billing from Robinson and Cole for CMERS.

6. Request Commission Acceptance of Invoices from Rose Kallor rendered for the month of April.

i.  At 9:23 a.m., Mr. Luciano moved, seconded by Mr. Casella to accept the invoices from Rose Kallor rendered for the month of April.
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 April.

7. Request Commission Approval of the Connecticut State Employees Retirement System Service Retirements for the Month of April 2019. 

i.  At 9:23 a.m., Mr. Luciano moved, seconded by Mr. Casella to approve the Connecticut State Employees Retirement System Service Retirements for the Month of April 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 April 2019.

8. Request Commission Approval of the Connecticut State Employees Retirement System Voluntary Pending Retirements for the Month of April 2019.

i.  At 9:23 a.m., Mr. Luciano moved, seconded by Mr. Casella to approve the Connecticut State Employees Retirement System Voluntary Pending Retirements for the Month of April 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 April 2019. 

9. Request Commission Approval of the Connecticut State Employees System Disability Retirements for the Month of April 2019. 

i.  At 9:23 a.m., Mr. Luciano moved, seconded by Mr. Casella to approve the Connecticut State Employees System Disability Retirements for the Month of April 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 April 2019.

10.  Request Commission Approval of the Connecticut State Employees System Retroactive Retirements for the Month of April 2019.

i.  At 9:23 a.m., Mr. Luciano moved, seconded by Mr. Casella to approve the Connecticut State Employees System Retroactive Retirements for the Month of April 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 April 2019.

11.  Request Commission Approval of the Connecticut State Employees System Pre-retirement Death Benefits for the Month of April 2019.

i.  At 9:23 a.m., Mr. Luciano moved, seconded by Mr. Casella to approve the Connecticut State Employees System Pre-retirement Death Benefits for the Month of April 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 Pre-retirement Death Benefits for the Month of April 2019.

12.  Request Commission Approval of the Municipal Employees Retirement System Retirements for the Month of April 2019. 

i.  At 9:23 a.m., Mr. Luciano moved, seconded by Mr. Casella to approve the Municipal Employees Retirement System Retirements for the Month of April 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 April 2019.

13.  Request Commission Approval of the Municipal Employees Retirement System Disability Retirements Approved by the Medical Examining Board.

i.  At 9:23 a.m., Mr. Luciano moved, seconded by Mr. Casella 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.

14.  Request Commission Approval of the Municipal Employees Retirement System Disability Retirements Tabled and Denied by the Medical Examining Board.

i.  At 9:23 a.m., Mr. Luciano moved, seconded by Mr. Casella 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.

15.  Request Commission Approval of the Retirement Services Division Request to Discontinue the Disability Applications Due to the One Year Deadline Associated with the Right to Ask for a Reconsideration of the Medical Examining Board Denial.

i.  At 9:23 a.m., Mr. Luciano moved, seconded by Mr. Casella to accept the discontinuation of the Disability Applications Due to the One Year Deadline Associated with the Right to Ask for a Reconsideration of the Medical Examining Board Denial.
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 discontinuation of the Disability Applications Due to the One Year Deadline Associated with the Right to Ask for a Reconsideration of the Medical Examining Board Denial.

16.  Request Commission Approval of the Connecticut Probate, Judges and Employees Retirement System Retirements.

i. At 9:23 a.m., Mr. Luciano moved, seconded by Mr. Casella to approve the Connecticut Probate, Judges and Employees Retirement System Retirements.
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 Retirements.

17.  Request Commission Approval of the Probate Judges and Employees Retirement Fund Personnel Expenses for the Pay Period March 15, 2018 Through April 11, 2019.

i.  At 9:23 a.m., Mr. Luciano moved, seconded by Mr. Casella to approve the Probate Judges and Employees Retirement Fund Personnel Expenses for the Pay Period March 15, 2018 Through April 11, 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 March 15, 2018 Through April 11, 2019.

18.  Claim Received from Robert Martineau that the Commission Review and Reconsider its April 19, 2018 Denial of his Untimely Request to Purchase his Period of Prior Military Service from June 18, 1974 to June 17, 1977 beyond One Year from his Date of Hire. (Appearance is scheduled at 9:30 a.m.)

i. At 9:40 a.m. the Commission reconvened in public session following the discussion of the first two items in executive session (below). Mr. Martineau came before the Commission to present his request for a Review and Reconsideration of its April 19, 2018 Denial of his Untimely Request to Purchase his Period of Prior Military Service from June 18, 1974 to June 17, 1977 beyond One Year from his Date of Hire. He concluded at 9:59 a.m.
ii. Chairman asked if there was any further discussion. There was a brief discussion of the facts presented by Mr. Martineau. 
iii. At 10:06 a.m., Mr. Carey motioned, seconded by Mr. Casella to affirm the Commission�s April 19, 2018 Denial of Mr. Martineau�s Untimely Request to Purchase his Period of Prior Military Service from June 18, 1974 to June 17, 1977 beyond One Year from his Date of Hire.
  iv.  The Commission voted unanimously in favor, with Mr. Fortier abstaining, to affirm the Commission�s April 19, 2018 Denial of Mr. Martineau�s Untimely Request to Purchase his Period of Prior Military Service from June 18, 1974 to June 17, 1977 beyond One Year from his Date of Hire.

Executive Session - discussion and possible recommendation

  1. Sen. Frantz/waiver of participation - written legal opinion.
  2. Overpayment of interest on contributions to CMERS - written legal opinion.
  3. David Gulick, Tier IIA member request to purchase retirement credit for his prior non-CMERS service under Conn. Gen. Stat. � 5-192b(c) - written legal opinion.
  4. Prior Military Service Credit - written legal opinion.
  5. Ralph Tedesco appeal - written legal opinion.
  6. Brian Comerford petition for declaratory ruling - written legal opinion.
  7. Marianna Grzeszczyk petition for declaratory ruling - written legal opinion.
  8. David Carter/Richard Kay - pending litigation.
  9. Catherine Crandle - pending litigation.
  10. Town of Thompson - pending litigation.
  11. Ronald Johnson - pending litigation.
  12. James Rizzio - pending litigation.
  13. Actuarial calculation of the Putnam Housing Authority�s liability to CMERS as it relates to Putnam Housing Authority�s withdrawal from CMERS - written legal opinion.

At 9:25 a.m., Mr. Luciano moved, seconded by Mr. Fortier 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 9:30 a.m., Mr. Luciano moved, seconded by Mr. Casella 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 9:30 a.m., Mr. Luciano moved, seconded by Mr. Casella 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 9:39 a.m., Mr. Luciano moved, seconded by Mr. Casella 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 9:40 a.m., the Commission reconvened in public session for the purposes of Item 18 (above).

At 10:07 a.m., Mr. Luciano moved, seconded by Mr. Casella 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.  Ms. Buffkin recused herself from the discussion of Item 3. 

At 10:24 a.m., Mr. Luciano moved, seconded by Mr. Casella 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. Casella 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 10:36 a.m., Mr. Luciano moved, seconded by Mr. Casella 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 10:36 a.m., Mr. Luciano moved, seconded by Mr. Casella 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 10:41 a.m., Mr. Luciano moved, seconded by Mr. Casella 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 10:42 a.m., Mr. Luciano moved, seconded by Mr. Casella 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 10:44 a.m., Mr. Luciano moved, seconded by Mr. Casella 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 10:44 a.m., Mr. Luciano moved, seconded by Mr. Casella to go into executive session for purposes of discussing Item 7.  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 7.   

At 10:52 a.m., Mr. Luciano moved, seconded by Mr. Casella 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 10:53 a.m., Mr. Luciano moved, seconded by Mr. Casella to go into executive session for purposes of discussing Item 8.  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 8.   

At 10:54 a.m., Mr. Luciano moved, seconded by Mr. Casella 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 10:55 a.m., Mr. Luciano moved, seconded by Mr. Casella to go into executive session for purposes of discussing Item 9.  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 9.   

At 10:55 a.m., Mr. Luciano moved, seconded by Mr. Casella 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 10:57 a.m., Mr. Luciano moved, seconded by Mr. Casella 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 10:57 a.m., Mr. Luciano moved, seconded by Mr. Casella to go into executive session for purposes of discussing Item 11.  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 11.   

At 10:57 a.m., Mr. Luciano moved, seconded by Mr. Casella 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 10:57 a.m., Mr. Luciano moved, seconded by Mr. Casella to go into executive session for purposes of discussing Item 12.  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 12.   

At 10:58 a.m., Mr. Luciano moved, seconded by Mr. Casella 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 10:58 a.m., Mr. Luciano moved, seconded by Mr. Casella to go into executive session for purposes of discussing Item 13.  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 12.   

At 11:08 a.m., Mr. Luciano moved, seconded by Mr. Casella 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 motions were made: 

At 11:09 a.m., Mr. Luciano moved, seconded by Mr. Fortier to table Mr. Gulick�s request to purchase retirement credit for his prior non-CMERS service under Conn. Gen. Stat. � 5-192b(c). The Chairman asked if there was any discussion. There being no discussion he called for a vote. All voted in favor, with Ms. Buffkin abstaining.

At 11:11 a.m., Ms. Buffkin moved, seconded by Mr. Carey to direct the Retirement Services Division to apply the prohibition against awarding military service found in Conn. Gen. Stat. � 5-192i(j) in the relevant SEBAC Agreements for any SERS members receiving a military pension based solely on active duty service and to apply that prohibition prospectively.  The Chairman asked if there was any discussion. There being no discussion he called for a vote. All voted in favor.

At 11:11 a.m., Mr. Luciano moved, seconded by Mr. Fortier to deny Mr. Tedesco's appeal. The Chairman asked if there was any discussion. There being no discussion he called for a vote. All voted in favor. 

At 11:12 a.m., Mr. Poulin moved, seconded by Mr. Casella to accept the recommendation of the CMERS actuary regarding the use of the 20-year municipal bond discount rate in the computation of liabilities for entities that want to terminate their participation from CMERS. 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 Mr. Casella to adjourn at 11:12 a.m.  The Commission voted unanimously to adjourn. 

 

Respectfully Submitted by: 

__________________________________
Peter Adomeit, Chairman

___________________________________
Prepared by John Herrington
Director Retirement Service Division

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