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State Retirement Systems' of Illinois Executive Committee met June 8

Meetingroom02

State Retirement Systems' of Illinois Executive Committee met June 8.

Here is the minutes as provided by the committee:

A meeting of the Executive Committee of the State Employees’ Retirement System of Illinois

was held on Thursday, June 8, 2017 at 8:30 a.m. in the System's Springfield office at 2101 S.

Veterans Parkway.

Committee Members:

Loren Iglarsh, Chairman

Jeremy Tad Hawk, Trustee

Timothy Blair, Executive Secretary

Others Present:

Jeff Houch, Assistant Executive Secretary

Emily Reid-Peterson, SERS Attorney

Kathy Yemm, Manager, Claims Division

Don Williams, Supervisor, Disability Section

Neal Young, Acting Executive II, Pension and Death Section

Joe Maggio, Manager, Service and Refunds Division

Jessica Blood, Recording Secretary

Minutes of the Previous Meeting

The minutes of the May 11, 2017 meeting of the Executive Committee were presented by

Chairman Iglarsh for approval. Copies of the minutes were previously mailed to Committee

members for review. There being no additions or corrections, on motion by Trustee Hawk,

seconded by Executive Secretary Blair and by unanimous vote, the minutes were approved

as submitted.

Routine Claims Report

The Routine Claims Report for the month of May, 2017 was presented. Following review

and discussion, the Routine Claims Report for the period of May, 2017, as prepared by staff,

was received by the Executive Committee.

Old Business

Kenneth Remo – Non-Occupational Disability Request for Reduced Repayment Amount

Kenneth Remo is currently receiving a non-occupational disability benefit from SERS.

Mr. Remo was approved for a retroactive Social Security disability benefit. The retroactive

benefit created an overpayment with SERS totaling $4,920.00 for the pay period of

December 1, 2016 through January 31, 2017.

Mr. Remo is appealing the monthly amount that was agreed upon in a telephone

conversation to SERS. By paying the $250.00 per month, SERS will recoup the overpaid

benefit in less than 19 months. He is appealing to reduce the monthly payment to $150.00

per month in which the overpayment will be paid in 29 months.

This appeal was deferred at the May, 2017 meeting to determine if Mr. Remo would prefer

to retire as his pension amount would be larger than his non-occupational disability benefit.

Mr. Remo does not want to retire at this time. His intention is to return to work once

approved by his doctor. Mr. Remo would like to pursue his appeal to reduce the monthly

repayment to $150.00 per month.

Following some discussion and review of the case, a motion was made by Chairman Iglarsh

to approve Mr. Remo’s request to reduce his monthly repayment amount. The motion was

seconded by Trustee Hawk and all were in favor.

Paul Pryor – Non-Occupational Disability Request for Longer Repayment Period

Paul Pryor is currently receiving a non-occupational disability benefit from SERS.

With the assistance of Midwest Disability, Mr. Pryor was approved for a retroactive Social

Security disability benefit. The retroactive benefit created an overpayment with SERS

totaling $56,640.00 for the period of April 1, 2014 through November 30, 2016.

Mr. Pryor entered into a contractual agreement to send SERS $40,000.00 and enter into a

monthly payment plan of $280.00 per month. Mr. Pryor did send the $40,000.00 reducing

the overpayment to $16,640.00.

Mr. Pryor is appealing for a longer repayment period. His current amount of $280.00 per

month will repay the overpayment within the 60 month guideline.

This appeal was deferred at the May, 2017 meeting to determine if Mr. Pryor would prefer to

retire as his pension amount would be larger than his non-occupational disability benefit.

Mr. Pryor has requested a pension estimate and a pension application and intends to retire

effective June 1, 2017. His pension is approximately $2,161.90 per month. Mr. Pryor would

still like to pursue the appeal for a longer repayment period.

Following a review of the file and some discussion, a motion was made by Executive

Secretary Blair to deny Mr. Pryor’s request for a longer repayment period. The motion was

seconded by Chairman Iglarsh and all were in favor.

Vickie Adkins – Remand – Denial of Survivor Benefits

William Adkins, the husband of Vickie Adkins (the “Petitioner”), died in May, 1999,

and a SERS non-occupational lump sum death benefit was paid to Petitioner.

In 2015, Petitioner sought to change her benefit election from a SERS nonoccupational

lump sum death benefit to a SERS survivor’s annuity, and claimed she

was never given the option between the two benefits.

SERS was initially unable to locate any paperwork regarding the Petitioner’s

application for the death benefit.

SERS denied Petitioner’s appeal on May 12, 2016, and Petitioner filed for

administrative review of the denial in circuit court. Subsequently SERS staff located

Petitioner’s file. The court remanded Petitioner’s matter back for further

consideration by SERS based on the newly found file.

A hearing on remand was held on May 11, 2017 with Petitioner and her

attorney. To support Petitioner’s request to reverse her selection of the death

benefit, Petitioner testified at the hearing as to the circumstances surrounding her

husband’s death and to the fact that she had not been provided information

concerning the SERS benefit distribution alternatives available to her. Part of

Petitioner’s testimony referred to certain documents marked as exhibits that were

located in her husband’s file. Based upon the exhibits tendered by the Petitioner

and the testimony and statements provided during the hearing, it became clear that

neither Petitioner nor her attorney had been provided with a complete set of the

documents found in Petitioner’s file. The reason for this error was unclear.

Petitioner’s newly found file reflected, among other things, that: Petitioner received

a May 12, 1999 letter from SERS at the address acknowledged by Petitioner at that

time as Petitioner’s home address, which explained the SERS benefit distribution

alternatives and the difference between a SERS survivor’s annuity and a SERS nonoccupational

lump sum death benefit, asked Petitioner to select and mark which of

the two benefits she wanted to receive, and requested that she return the letter to

SERS; Petitioner marked the death benefit as her selection in SERS’ letter and

signed it as of June 14, 1999; and Petitioner signed a SERS benefit application

requesting the death benefit on June 11, 1999.

Based on a careful review of the evidence, Petitioner’s testimony, statements of

Petitioner’s attorney and the records of SERS, a recommendation was provided by

Attorney Emily Reid-Peterson that the Executive Committee reaffirm its prior

decision to deny Petitioner’s appeal. After reviewing the facts of the case and the

recommendation presented by Attorney Reid-Peterson, a motion was made by

Executive Secretary Blair to adopt recommendation No. 2017-4 and seconded by

Chairman Iglarsh. Trustee Hawk abstained.

New Business

Michelle McAuliffe – Appeal to Remove Social Security Offset

Michelle McAuliffe began receiving a survivor annuity effective July 1, 2013, following the

death of SERS member Joseph McAuliffe on June 8, 2013.

Ms. McAuliffe was receiving 50% of her husband’s accrued pension until she turned 60 on

January 16, 2017. In January, 2017, Ms. McAuliffe became eligible to receive a widow’s

benefit from Social Security in the amount of $1,619.70. Half of this amount, $809.50, was

offset from the SERS survivor annuity. Ms. McAuliffe did not receive the widow’s benefit

from Social Security because she was earning more than the limit allowed from her own

employment.

SSA advised that once Ms. McAuliffe turned 62 or retired, she would no longer be eligible for

a widow’s benefit.

Ms. McAuliffe retired from the Chicago Teacher’s Pension Fund on January 5, 2017.

SERS removed the social security offset effective February 1, 2017.

Ms. McAuliffe is requesting the offset be removed effective January 1, 2017 so she can be

paid the amount of $809.50 that was offset in that month.

Following a review of the file and some discussion, a motion was made by Trustee Hawk to

deny Ms. McAuliffe’s request to remove the social security offset. Executive Secretary Blair

seconded the motion and all were in favor.

Roge’a Mingo – Waiver of Survivor Benefit

Marian Jones was an active state employee who died on February 14, 2017. She was

survived by two daughters. One of the surviving daughters, Roge’a Mingo, is 21 years old.

The other daughter is 23 years old.

Ms. Mingo has not been a full time student. She is requesting to waive any possible future

survivor benefits so a death benefit may be paid to the named beneficiaries as an active

member death with no survivors.

Based on the facts of the case and the information submitted, a motion was made by

Chairman Iglarsh to approve Ms. Mingo’s request to waive her survivor benefit. The motion

was seconded by Trustee Hawk and all were in favor.

Anthony Catezone – Non-Occupational Disability 90 Day Waiver

Anthony Catezone is appealing the denial of his disability application based on the 90 day

rule. He was removed from payroll July 9, 2016. He returned to work August 22, 2016. His

90 days expired September 6, 2016. SERS mailed forms to the member and the agency on

May 4, 2017. The application came in from the member May 17, 2017. The medical was

received May 17, 2017.

Following a review of the file and some discussion, a motion was made by Chairman Iglarsh

to approve Mr. Catezone’s request for a 90 day waiver. The motion was seconded by Trustee

Hawk and all were in favor.

Carol West – Request for Additional Service Credit

Carol West’s half time was to cease April 30, 2017. Her file was transferred to the Service

and Refunds Division to determine if there were any optional service credits available for

her to purchase in order to be eligible for extended disability benefits.

The file went unnoticed, and a letter regarding 4.25 months of optional service credit was

sent to Ms. West after her benefit had ceased. During a telephone conversation with SERS

on May 9, 2017 Ms. West indicated that she intended to purchase the optional service credit.

Ms. West has since purchased the optional service credit and is requesting two additional

months of disability benefits.

Based on a review of the case, a motion was made by Chairman Iglarsh to approve Ms.

West’s request for additional service credit. Trustee Hawk seconded the motion and all were

in favor.

Bradley Brubaker – Occupational Disability 12 Month Waiver

Bradley Brubaker worked as a Steamfitter for the Department of Corrections. Mr. Brubaker

is getting ready to retire and had no service credits for March or April of 2001. He was

receiving workers’ compensation at that time.

Mr. Brubaker does not know why he didn’t apply for SERS occupational disability at the

time in 2001. He is requesting that the 12 month filing period for occupational disability be

waived.

After reviewing the facts of the case, a motion was made by Chairman Iglarsh to approve

Mr. Brubaker’s request to waive the 12 month filing limitation. The motion was seconded by

Trustee Hawk and all were in favor.

Larry Griffiths – Appeal to Receive Pension April 1, 2017

Larry Griffiths retired reciprocally with the State Universities’ Retirement System on April

1, 2017.

Prior to his retirement, he received a reciprocal estimate dated September 24, 2016

providing him with a retirement date of April 1, 2017 and a pension amount of $312.90

payable from SERS. This estimate was incorrect however because he was not eligible at this

date as he did not meet the Rule of 85.

His pension was calculated at a reduced rate of $217.54 and deferred until age 55 on August

1, 2018.

Mr. Griffiths is requesting an unreduced pension effective April 1, 2017.

Following a review of the case and some discussion, a motion was made by Chairman

Iglarsh to deny Mr. Griffiths’ appeal to receive an unreduced pension effective April 1, 2017.

Additionally, Mr. Griffiths would be notified that he could either retire effective April 1,

2017 with a reduced pension or wait until he meets the Rule of 85 and receive an unreduced

pension. The motion was seconded by Trustee Hawk and all were in favor.

Donmonique Brown – Appeal Denial of Non-Occupational Disability

Donmonique Brown works as a Correctional Officer for IDOC. She last worked on January

13, 2017. She began a medical leave of absence on January 14, 2017 due to medical issues.

Ms. Brown’s claim was sent to a SERS medical consultant for review. Per the consultant, it

was determined that Ms. Brown has the ability to perform her job duties.

Ms. Brown is requesting that the Executive Committee appeal the denial of her nonoccupational

disability application.

After reviewing the facts of the case, the Executive Committee agreed to defer the case until

more information is received about Ms. Brown’s job duty requirements and a reevaluation is

done by a SERS medical consultant.

Ann O’Donnell – Non-Occupational Disability 90 day Waiver

Ann O’Donnell works as an Activity Therapist for the Illinois Department of Human

Services. She stopped working on January 20, 2017 and began a medical leave of absence on

January 23, 2017 due to medical issues. She has not returned to work.

Ms. O’Donnell requested a non-occupational disability packet on May 17, 2017, four months

past her approved medical leave of absence. Because she did not apply within 90 days of her

medical LOA, her disability application has been denied.

Ms. O’Donnell states that she was unaware that she needed to apply for a non-occupational

disability benefit, as she has never been on a leave of absence for this length of time and is

requesting that the Executive Committee waive the 90 day filing limitation.

Based on review of the case, a motion was made by Chairman Iglarsh to approve Ms.

O’Donnell’s request to waive the 90 day filing limitation. The motion was seconded by

Trustee Hawk and all were in favor.

Karen Allaway – Non-Occupational Disability 90 Day Waiver

Karen Allaway was removed from payroll February 6, 2017. Her 90 days expired May 6,

2017. The application came in from Ms. Allaway May 17, 2017. SERS sent agency forms

March 9, 2017. The medical was received June 1, 2017. Ms. Allaway returned to work June

1, 2017.

Ms. Allaway is requesting that the Executive Committee waive the 90 day filing limitation.

After some discussion, a motion was made by Chairman Iglarsh to approve Ms. Allaway’s

request to waive the 90 day filing limitation. The motion was seconded by Trustee Hawk

and all were in favor.

Policy – Repayment of the ARCP for Individuals Enrolled in Reciprocal Retirement Systems

Jeff Houch presented the Repayment of the ARCP for Individuals Enrolled in Reciprocal

Retirement Systems policy to the Executive Committee. After some discussion, a motion

was made by Trustee Hawk to adopt the policy. The motion was seconded by Chairman

Iglarsh and all were in favor.

There being no further business to be brought before the Committee, the meeting was

adjourned at 10:15 a.m.

https://www.srs.illinois.gov/PDFILES/Minutes/ex_jun17_min.pdf