Minutes


MINUTES OF PUBLIC MEETING 

FOR THE CORRECTIONS OFFICER RETIREMENT PLAN LOCAL BOARD 

FOR THE JUDICIARY 

A Public Meeting of the Corrections Officer Retirement Plan Local Board for the Judiciary was convened May 5, 2020 at 10:00 a.m., Conference Room 109, Arizona State Courts Building, 1501 West Washington Street, Phoenix, Arizona. 

Board Members Present in Conference Room 109:Kevin Kluge, Chair.

Board Member Present by Conference Call: Mark Smalley; Jason Hathcock; Jennifer Fish; Scott Mabery.

Board Member Absent: N/A

Also Present in Conference Room 109: Vanessa Haney, Board Secretary; Alicia Bocardo, Recorder.

Call to Order:

Approval of the Minutes:

April 7, 2020 – Public Meeting Minutes

MOTION: A motion to approve the public minutes of the April 7, 2020 meeting was made by Mark Smalley. The motion was seconded and passed; minutes stand approved. CORP 2020-22

Approval of Survivor Benefits:

An application for a survivor benefit was submitted for the Board’s approval pursuant to A.R.S. §38-887.

Member: Julie Eggman (Active Member, deceased March 27, 2020)

Benefit Payable to Spouse Keith Eggman beginning April 30, 2020: $1,768.47

The Chair stated that the documentation provided indicated that the member and the spouse were separated at the time of death. The Chair inquired if separation paperwork was needed for the application. The Local Board Secretary responded that separation paperwork would be needed in the case of a divorce such as: finalized divorce decree or a qualified domestic relations order. Being that a divorce did not take place, Mr. Eggman is, in fact, entitled to surviving spouse benefits.

The Chair invited Board Member Jason Hathcock to discuss his remarks on survivor benefits for active members.

Board Member Jason Hathcock expressed his confusion about how Public Safety Personnel Retirement System (PSPRS) calculates CORP member survivor benefits for “active” deceased members with 20 years of eligible service differently from PSPRS members.

He stated that he was aware that in the event of a CORP “active” member’s death, the surviving spouse would be entitled to 40 percent of deceased member's average monthly salary (pursuant to A.R.S. §38-888) but he was unaware that the deceased CORP members that met 20 years of eligible service would not be retired by the system. He noted that a surviving spouse of a deceased PSPRS “active” member with 20 years of eligible service would be automatically retired by the system entitling the surviving spouse to 80 percent. (pursuant to A.R.S. §38-846)

Mr. Hathcock added that by not retiring the deceased CORP member from the system at 20 years of service, the surviving spouse would not be entitled the years of service accrued after 20 years. He articulated his dismay about this information because he implied that a surviving spouse in this situation, such as Mr. Eggman, would be missing out on the years of service simply because the member did not retire when eligible to whereas PSPRS automatically retire “active” PSPRS deceased members with 20 years of service and would not subject the surviving spouse to forfeit any accrued time.

Board member Jason Hathcock pointed out that benefit amount difference between the two plans results from the varying statutes within the same system.

The Chair stated that he is hopeful that the Arizona Probation Officer’s Association will request legislation to modify A.R.S. §38-888. He added that due to COVID-19, legislators may not be readily available to make immediate decisions.

Board member Jason Hathcock replied that he was aware that the changes would likely not be presented until the next legislative session; however, he added that an emergency clause would be ideal in this situation.

MOTION: A motion to approve the payment of a survivor benefit to the following applicant in about the following amount was made by Scott Mabery. The motion was seconded and passed unanimously. CORP 2020-23

Member: Julie Eggman (Active Member, deceased March 27, 2020)

Benefit Payable to Spouse Keith Eggman beginning April 30, 2020: $1,768.47

Approval of Normal Retirement Benefits:

There were four applications for Normal Retirement benefits submitted for the Board’s approval pursuant to A.R.S. § 38-893 (D).

MOTION: A motion to approve the payment of Normal Retirement benefits to the following applicants in about the following amounts, effective May 1, 2020 was made by Jennifer Fish.The motion was seconded and passed unanimously. CORP 2020-24

Carolina Cabral$1,819.48

Manuel Martinez$2,929.34

Elena Negrete$2,589.37

Allison Thompson-Mills$4,012.86; Reverse DROP Estimate $148,938.90

Approval of Membership:

The Local Board may consider and vote on the approval of the following requests for membership or defer decision to a later date:

Bennett, Christina

Pima

3/29/2020

Chaznae Smith

Maricopa

4/5/2020

Collier, Madeline

Yavapai

3/11/2020

Dersarkissian, Jacques

Maricopa

4/5/2020

Jaidah, Samuel

Maricopa

4/1/2020

Jeter, Melissa

Pima

3/15/2020

Kim, Do

Pinal

4/12/2020

Kretlow, Katie

Pinal

4/12/2020

Lambeth, Brittany

Maricopa

4/5/2020

Mattila, Kaitlyn

Mohave

3/22/2020

Neese, Kelsey

Cochise

12/23/2019

Orr, LaTona

Maricopa

4/12/2020

Przybylski, Kristin

Maricopa

4/12/2020

Radke, Alexis

Pinal

4/12/2020

Rvera, Mia

Maricopa

4/5/2020

Salcido, Breanna

Pima

3/15/2020

Seewaldt, Adrianna

Coconino

3/29/2020

Young, Kirstina

Pima

3/21/2020

MOTION:A motion to approve the 18 applicants listed on the agenda for this meeting for membership in CORP pursuant to A.R.S. §38-893.D and to note for the record that the physical examinations for Jacques Dersarkissian, Melissa Jeter, Do Kim, Katie Kretlow, Brittany Lambeth, Kelsey Neese, Mia Rivera and Chaznae Smith identified a physical or mental condition or injury that existed or occurred before their date of membership in the plan, was made by Jason Hathcock. The motion was seconded and passed unanimously.CORP 2020-25

See Attachment A to these minutes for details of the membership approved at this meeting.

Future Agenda Items:

The Chair stated that he would coordinate a meeting with AOC’s director Dave Byers and AOC’s legislative officer Jerry Landau to discuss the legislation issue with the CORP surviving spouse statute. The Chair stated that the meeting should take place in person rather than telephonically prompting a possible June date.

The Board Secretary informed the Board that two surviving spouse applications will likely be placed on the June 2, 2020 agenda for review. The Chair inquired if the one the applicants was the individual who deceased due to COVID-19. The Board Secretary responded by confirming the fact. The Chair advised the Local Board Secretary to have Board Attorney Cynthia Kelley available via telephone for that application review because it was unclear if the health conditions leading to the COVID-19 related death would qualify as “killed in the line of duty”

The Local Board Secretary informed the Board that Julie Anderson’s Independent Medical Evaluation Review will also be placed on the June 2, 2020 agenda.

Call to the Public:

No members of the public addressed the Board.

The meeting was adjourned at 10:14 a.m.

Transcribed May 6, 2020.