August 7, 2019, Meeting Minutes

MINUTES FOR THE SPRINGFIELD RETIREMENT BOARD MEETING
70 TAPLEY STREET, SPRINGFIELD, MA 01104
HELD ON AUGUST 7, 2019 AT 5:00 P.M.

Present: Thomas Scanlon, Robert Moynihan, Patrick Burns, Philip Mantoni, Haskell Kennedy, Attorney Alfredo ViVenzio, Executive Director, Susana Baltazar, Judy Dziobek, Recording Clerk, Commissioner Bernard Calvi, Brian Devivo, Joshua Mastey, Health Commissioner Helen Caulton, Linda Franklin, Attorney Thomas Downey, Margaret Cahillane, Attorney Lan Kantany, Charles Howard, Kris Brown, Attorney Marshall Moriarty, Lori Lefebvre

Chairman Scanlon called the meeting to order at 5:00 P.M.

Agenda Item #1- Retirement Board Election Results
The Retirement Board Election results have been posted. Robert P. Moynihan has been re-elected to the Springfield Retirement Board for another term commencing August 1, 2019 through July 31, 2022.

Agenda Item #2-Minutes
Motion made by Moynihan to approve the minutes of the meeting held on July 10, 2019, second by Burns and voted unanimously.

Agenda Item #3-Ordinary Disability Application-Linda Franklin-Division of Health & Human Services
Motion made by Mantoni to accept the application for Ordinary Disability benefits submitted by Linda Franklin, and request that PERAC convene a medical panel, second by Kennedy and voted unanimously.

Agenda Item #4-Accidental Disability Application-Charles Howard-Police Department
Motion made by Moynihan to accept the responses of the medical panel, the evidence of the Accidental Disability Application and approve the disability benefits for Charles Howard, second by Kennedy and voted unanimously.

Agenda Item #5-Accidental Disability Application-Kris Brown-Department of Public Works
Motion made by Moynihan to table action for an additional 90 days on considering the responses of the medical panel clarification, pending receipt of additional neuro-otological testing, second by Kennedy and voted unanimously.

Agenda Item #6-Accidental Disability Application-Brian Devivo-Fire Department
Attorney Vivenzio and Brian Devivo addressed the Board regarding the application for Accidental Disability benefits. Mr. Devivo’s date of injury dates back to 2002. This injury is the basis of Mr. Devivo’s application for Accidental Disability benefits. Mr. Devivo continued to work in the same position up until March of 2019 when he officially retired on a Superannuation Retirement. Motion made by Moynihan to deny the application for Accidental Disability benefits submitted by Brian Devivo, second by Burns and voted unanimously. The application was denied based on the determination that the member cannot be retired as a matter of law. (timeliness and disability determination) Mr. Devivo was given his appeal rights.

Agenda Item #7-Accidental Disability Application-Margaret Cahillane-Facilities
EXECUTIVE SESSION: Motion made by Kennedy and second by Moynihan to enter into Executive Session and then return to open session. Moynihan, yes, Kennedy, yes, Mantoni, yes, Burns, yes, Scanlon, yes.

Executive Session to discuss the member’s physical condition as in the application for Accidental Disability benefits.

A motion made in Executive Session by Mantoni to accept the application for Accidental Disability benefits submitted by Margaret Cahillane pending Ms. Cahillane amending her application, and request that PERAC convene a medical panel, second by Scanlon. Moynihan, No, Kennedy, Abstain, Mantoni, yes, Burns, yes, Scanlon, yes.

Agenda Item #8-Accidental Disability Application-Lori Lefebvre-School Department
Attorney Marshall Moriarty addressed the Board on the application for Accidental Disability benefits for Lori Lefebvre. Attorney Moriarty stated that Lori Lefebvre’s disability claim is work related, and stated that her injury was substantiated by her Primary Care Physician in the Physician’s Statement that was provided to the Board. Motion made by Burns to deny the application for Accidental Disability benefits submitted by Lori Lefebvre, second by Kennedy and voted unanimously. The application was denied based on the determination that the member cannot be retired as a matter of law. Ms. Lefebvre was given her appeal rights.

Agenda Item #9-Involuntary Accidental Disability Application-Joshua Mastey-Fire Department
Motion made by Moynihan to accept the application for Accidental Disability benefits submitted by Fire Commissioner Bernard J. Calvi, and request that PERAC convene a medical panel, second by Burns and voted unanimously.

Agenda Item #10-Superannuations
Motion made by Moynihan to accept the following Superannuations: Donald Boulay, Junior Custodian, Facilities Management with 13 years as of 9/28/19; Kelly Higgins, Paraprofessional, School Department with 20 years and 7 months as of 10/19/19; Kathleen Larose, Principal Clerk and Typist with 30 years and 5 months as of 9/14/19; Marilyn Vennell, Crossing Guard, School Department with 12 years and 11 months as of 8/13/19, second by Burns and voted unanimously.

Agenda Item #11-Warrants
Motion made by Kennedy to approve and reaffirm the following warrants: Warrant #34 Expenses in the amount of $2,831.80, Warrant #35 Expenses in the amount of $7,442.22, Warrant #36 Refunds in the amount of $77,589.49, Warrant #37 Transfers in the amount of $183,986.44, Warrant #38 Expenses in the amount of $ 736.39, Warrant #39 Expenses in the amount of $898,104.61, Warrant #40 Expenses in the amount of $67,349.26, Warrant #41 Retiree payroll in the amount of $6,679,127.33 and redemption from the PRIT fund in the amount of $0.00, second by Mantoni and voted unanimously.

Agenda Item #12-Refunds/Transfers to Other Systems
Motion made by Kennedy to approve the fourteen (14) requests for refunds and transfers to other systems. The names have been submitted to their particular Department, the Law Department and the Massachusetts Department of Revenue, second by Moynihan and voted unanimously.

Agenda Item #13-Redeposit of Refunds and Makeup of Contributions
Motion made by Moynihan to approve the makeup of contributions to: Alan Bethea, Police Officer, Police Department for 5 months of employment with the Parks Department; Kathleen Bonneau, Financial Analyst, Community Development Department for 1 year 2 months of employment with the Water Department; Diane Fumo, Senior Clerk, Library Department for 1 year 10 months of employment with the Library Department; Peter Garvey, Capital Asset Construction Director, Capital Assets Department for 2 months of employment with the Parks Department; Lisa Willis, Police Budget Director, Police Department for 2 months of employment with Parks Department, second by Burns and voted unanimously.

Motion made by Moynihan to approve the request to redeposit a refund to: Chelsea Parmentier, Program Specialist, Springfield Housing Authority, for the refund from the Springfield Retirement System in 2018, second by Burns and voted unanimously.

Agenda Item #14–MGL Chapter 32 Section 91A - Compliance of 91A reporting / 91A Terminations
Executive Director Baltazar reported that the Section 91A retirees are now in compliance.

Agenda Item #15-Director’s Report
Executive Director Baltazar informed the board that Stephen Hill requested to have his Excess Earnings under M.G.L. Chapter 32, Section 91A deducted from his retirement allowance. Motion was made by Burns to allow retirees who ask to have their 2018 excess earnings repaid in this manner, up to a maximum of eight months to refund the amount owed, second by Kennedy and voted unanimously.

Ms. Baltazar also informed the Board that all the Benefit Verification Forms/Affidavits have been received. Ms. Baltazar informed the Board that the PERAC disability approval for Jose Alves-School Department was received, and the PERAC approval for Section 101 Benefits was also received for the beneficiary of Asuncion Collazo-Springfield Housing Authority. Ms. Baltazar also informed the Board that the MACRS Conference will be held in Springfield from September 29, 2019 through October 2, 2019 for those who can attend, and updated the Board on the PRIT year to date performance.

Executive Director Baltazar informed the Board that Patricia Wolf was paid benefits under Section 101. Ms. Wolf completed forms for entitlement of the benefits when in fact she was not. A Demand Letter will be sent to Ms. Wolf to recover the monies paid to her.

Agenda Item #16-Attorney’s Report
Attorney Vivenzio informed the Board that the appeal for David Gauthier has been dismissed, and that Harold Goodman has filed an appeal and will update the Board accordingly.

EXECUTIVE SESSION:
Motion made by Mantoni and second by Moynihan to enter into Executive Session and then return to open session. Moynihan, yes, Kennedy, yes, Mantoni, yes, Burns, yes, Scanlon, yes.

Executive Session to discuss possible litigation.

Agenda Item #17-Old Business
None

Agenda Item #18-New Business
None

F. Y. I. PERAC Memos, #19-Mandatory Retirement Board Member Training – 3rd Quarter 2019, #20-Reinstatement to Service under G.L. c. 32 Section 105, PERAC Pension News, PERAC Annual Report-2018, June PRIT Fund Update, Trial Balance, Adjusting Entries, Receipts, Disbursements and General
Ledger for the month of June, Treasurer’s Reconciliation for the months of April, May and June, Budget Balances as of July, Monthly Transfers for July, Recent Retiree Deaths, Monthly Cash flow.

The correspondence and reports were received and reviewed by the Board Members and the Executive Director.

Motion made by Moynihan to adjourn at 6:52 P.M. second by Kennedy and voted unanimously.

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Thomas M. Scanlon, Chairman

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Robert P. Moynihan, Elected Member

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Haskell Kennedy, Appointed Member

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Patrick S. Burns, Appointed Member

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Philip J. Mantoni, 5th Member