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PUBLIC EMPLOYEES' RETIREMENT SYSTEM
JANUARY 16, 2008
ORDER OF BUSINESS
Notice of this meeting has been provided through the annual notice of the schedule of regular meetings of the Board filed with and prominently posted in the offices of the Secretary of State. The 2008 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 28, 2007.
DISCLOSURE OF THE OPEN PUBLIC MEETINGS ACT
(A) When necessary, the Board shall adopt Resolution A to go into closed session to consider individuals’ disability applications, which states:
In accordance with the provisions of the Open Public Meetings Act, N.J.S.A. 10:4-13, be it resolved that the Board of Trustees go into closed session for purposes of discussing matters pertaining to disability retirement which involves material involving personal medical and health records, data, reports and recommendations relating to specific individuals, pursuant to N.J.S.A. 10:4-12(3). Those matters are confidential unless expressly waived by the individual involved.
The actions taken during closed session relating to a disability retirement are anticipated to become available to the public immediately at the conclusion of the meeting and will be posted on the Division of Pensions and Benefits’ website within a reasonable time; however, personal information pertaining to an individual shall be redacted from the minutes of such meeting and shall remain confidential until after such time as the Board determines that the need of confidentiality no longer exists and the matters discussed can be disclosed.
(B) When necessary, the Board shall adopt Resolution B to go into executive session to request/receive attorney-client advice from the Deputy Attorney General, which states:
In accordance with the provisions of the Open Public Meetings Act, N.J.S.A. 10:4-13, be it resolved that the Board of Trustees go into closed session to discuss matters falling within the attorney-client privilege, and/or matters in which litigation is pending or anticipated, pursuant to N.J.S.A. 10:4-12(7).
The minutes of such meeting shall remain confidential until after such time as the Board determines that the need of confidentiality no longer exists and the matters discussed can be disclosed and the Board waives the attorney-client privilege.
RETIREMENT
LISTS
| Called
to Order: |
10:04 a.m. |
| Roll Call: |
John Lowden, Jonathan Berg, Ned Thomson, Suzanna Buriani-DeSantis, Ronald Winthers, Christine Velez, Fred Beaver, Thomas Bruno (arrived 10:10) |
| Also
Present: |
DAG Kellie Pushko; Kathleen Coates; Jackie Bussanich; Virginia Martucci; Marylou Mayoros; Billy Tedder; Amy Mazzeo; Bob Bobik, NJEA; Mike Czyzyk; Lisa Pointer; Valarie Tarr; Mark Schwedes; DAG Jobil Cyriac; Florence Sheppard; Susanne Culliton
|
OPEN SESSION
Minutes
Minutes of the meeting of December 12, 2007 - Approved
Finance
A-1 |
Common Pension Fund E as of July 31, 2007 - Approved |
A-2 |
Common Pension Fund A as of November 30, 2007 - Approved |
A-3 |
Common Pension Fund B as of November 30, 2007 - Approved |
A-4 |
Common Pension Fund E as of August 31, 2007 - Approved |
Miscellaneous
Issues
Retirement and Death Lists
C-1 |
Active and Retired Death Lists - Approved |
C-2 |
Chapter 221 - Approved |
C-3 |
Retirement List with Supplement regarding Frank Edgar - Approved |
C-4 |
Return to Employment - Approved |
CLOSED SESSION
Ordinary Disability
D-1 |
Csigo, Margit - Middlesex County Improvement Auth - Effective January 1, 2007 - Option A - Reconsideration - Approved |
D-2 |
Riley, Tereatha - Woodbine Developmental Center - Effective April 1, 2002 - Option 1 - Reconsideration - OAL Case - Reconsidered; Approved; Withdrawal from OAL |
D-3 |
Willis, Cynthia - Vineland Developmental Center - Effective April 1, 2005 - Option 1 - Approved |
D-4 |
Sheldon, William - Cape May County - Effective October 1, 2007 - Option A - Approved |
D-5 |
Puglisi, Patricia - Somerset County - Effective July 1, 2007 - Maximum Option - Reconsideration - Approved |
D-6 |
Menard, Faith - Union County - Effective September 1, 2007 - Maximum Option - Denied; Offer Service |
D-7 |
Yackwack, Donna - Elizabeth Public Schools - Effective June 1, 2007 - Maximum Option - Denied; Offer Deferred |
D-8 |
Custy, Barbara - Judiciary/Somerset - Effective January 1, 2008 - Option B - Denied; Offer Service |
D-9 |
Calella, Joseph - Monroe Twp Fire Dist - Effective February 1, 2007 - Maximum Option - Involuntary - Approved |
D-10 |
Bibby, Mirian - Dept of Labor - Effective December 1, 2006 - Option A - Reconsideration - Tabled for IME |
D-11 |
McDowell, Marie - Gloucester Twp BOE – Effective January 1, 2007 - Reconsideration - OAL Case - Approved; Withdrawal from OAL (DAG Pushko recused.) |
D-12 |
Kernohan, Marie - Dept of Labor - Effective April 1, 2007 - Option D - Approved |
D-13 |
Hahne, Margrit - Sussex County - Effective September 1, 2007 - Maximum Option - Resubmission - Approved |
D-14 |
Ordinary Disability Grid w/Supplement - (see list below) - Approved
Member's Name |
Effective Date |
Opt |
Employer |
Alvarez, Miguel |
06/07 |
5 |
Vets Memorial Home Vineland |
Anderson, William Jr. |
01/08 |
5 |
South Brunswick BOE |
Anner, Christopher G |
11/07 |
5 |
Woodbridge Township BOE |
Bardon, Troy Darnell |
07/07 |
B |
Matawan-Aberdeen Reg School |
Black-Young, Betty J |
04/07 |
5 |
UMDNJ |
Boesz, Richard D |
07/07 |
C |
Regional Operations South |
Boyer, Arnol Jr |
09/07 |
1 |
Mine Hill Township. DPW |
Cascioli, Gertrude F |
01/08 |
5 |
Judiciary/Warren County |
Cenci, Mario G |
09/07 |
A |
Parsippany Troy Hills BOE |
Coates, Charles A |
09/07 |
A |
Albert C. Wagner Youth Corr Fac. |
Cooke, Joyce |
08/07 |
5 |
Monmouth County/Hall of Records |
D’Agostino, Caterina |
01/08 |
D |
Newark Public Schools |
DeVaughn, Iris |
10/07 |
5 |
Camden Co Bd of Social Services |
Eish, Ezz M |
03/08 |
B |
OIT |
Fodor, Robert L Jr |
11/07 |
5 |
Rutgers University |
Ford, Claire F |
10/07 |
5 |
Eatontown BOE |
Forde, Maurice E |
11/07 |
5 |
Newark Housing Authority |
Forschino, Michael |
01/08 |
B |
New Jersey Highway Authority |
Fox, Carolyn |
01/08 |
B |
Atlantic City BOE |
Fryzel, Robin J |
10/07 |
5 |
Bridgewater-Raritan Reg Sch Dist |
Gfroehrer, Kathleen |
10/07 |
5 |
Monmouth Co Social Services |
Gilbert, Madelyn P |
01/08 |
5 |
Millstone Township |
Gomm, Warren C Jr |
01/08 |
5 |
Department of Corrections |
Gonzalez, Juan J |
07/07 |
5 |
Mt. Holly Twp BOE |
Holmes, Mary A |
05/07 |
5 |
Regional Operations North |
Hughes, Marie J |
10/07 |
5 |
Judiciary/Mercer County. |
Kalian, Patricia A |
01/08 |
5 |
Bernards Twp BOE |
Karvoski, Michael J |
11/07 |
5 |
Gloucester Co Special Services |
Kerr, Donna M |
08/07 |
5 |
Gloucester County |
Ksensik, John J |
01/08 |
5 |
State Police Civilian Employees |
MacDonald, Andrea J |
01/08 |
5 |
Judiciary/Hudson County |
Mattox, Barbara |
08/07 |
5 |
Newark Public Schools |
McCarthy, Michael |
12/07 |
5 |
South Amboy City |
McClain, Oral L |
10/07 |
1 |
Newark City |
McClure, George E |
07/08 |
A |
Middle Township |
McElhaney, John J |
10/07 |
B |
Middlesex County |
Mercado, Valentina |
01/07 |
5 |
Rutgers University |
Mooney, Patricia |
11/07 |
5 |
Hawthorne BOE |
Muzzi, Judy L |
06/07 |
5 |
MVC |
Nagy, Ernest Charles |
10/07 |
5 |
New Brunswick City |
Ohara, Nancy |
11/07 |
1 |
West Orange Township |
Price, George, IV |
02/08 |
C |
North Hunterdon-Voorhees |
Prunetti, Faye J |
04/07 |
D |
Mercer Co Improvement Authority |
Member's Name |
Effective Date |
Opt |
Employer |
Purpura, Dennis |
05/07 |
A |
Essex County |
Rodriguez, Tomas |
07/07 |
5 |
Vineland City BOE |
Sanders, Charles Jr. |
07/07 |
A |
Newark City |
Schmidt, Charles J |
11/07 |
5 |
Monmouth County/Hall of Records |
Schmidt, Michael |
01/08 |
D |
Allamuchy Township. Independence Twp/ Mun Bldg. Oxford Township.
Pohatcong Township.
Washington Twp. |
Simonetti, Angel |
06/07 |
5 |
Woodbine Developmental Center |
Smith, Alice J |
07/07 |
5 |
Clifton City BOE |
Suszko, John |
09/07 |
5 |
Irvington Twp -Dept Rev & Finance. |
Szymanski, Stanley |
12/07 |
5 |
Jersey City Public Schools |
Thompson, Geraldine |
09/07 |
5 |
Trenton City BOE |
Travia, Mary E |
11/07 |
B |
Department of Health |
Trocine, Lorraine C |
10/07 |
5 |
Lindenwold Borough BOE |
Valletta, Margaret |
11/07 |
5 |
Morris County |
Velazquez, Gloria |
12/07 |
5 |
Vets Memorial Home at Menlo Park |
Warren, Kealoha |
10/07 |
2 |
Newark City |
Warrington, George |
01/08 |
2 |
NJ Transit Corporation |
Whetzel, Alice C |
02/08 |
5 |
Vets Memorial Home at Menlo Park |
Zheng, Nian Qing |
10/07 |
5 |
Rutgers University |
Total = 61 |
Accidental Disability
. |
MEMBER'S NAME AND NO. |
EMPLOYER |
EFFECTIVE DATE |
OPT |
ACCIDENT
DATE |
TP |
DR |
TE |
DECISION |
E-1 |
Briganti, Michael
|
Paterson Public Schools |
9/07 |
5 |
4/13/2004 |
N |
N |
Y |
Denied Accidental; Offer Service |
E-2 |
Marquez, Diana
|
Passaic County |
9/07 |
5 |
1/31/2007 |
Y |
N |
Y |
Denied Accidental; Grant Ordinary (pre-existing) |
E-3 |
Doheny, Dennis
|
Bergenfield Boro |
4/04 |
A |
4/12/1995
(no delayed manifestation)
9/24/2002 |
Y
Y |
Y
N |
N
N |
Reconsidered; Denied Accidental; Continue Ordinary (both incidents not external; not undesigned and unexpected; 2002 incident was from pre-existing); Continue in OAL |
E-4 |
Ferreira, Maria
|
Elizabeth BOE |
1/06 |
5 |
9/10/2004
12/3/2004 |
Y
Y |
N
Y |
N
Y |
Reconsidered and Approved (12/3/04 incident); Withdrawal from OAL |
. |
MEMBER'S NAME AND NO. |
EMPLOYER |
EFFECTIVE DATE |
OPT |
ACCIDENT
DATE |
TP |
DR |
TE |
DECISION |
E-5 |
Smith, Yvette
|
Division of Family
Development |
11/06 |
5 |
9/17/2004 |
Y |
N |
N |
Denied Accidental; Grant Ordinary (pre-existing; not undesigned and unexpected) |
E-6 |
Natarajan, Geetha
|
Middlesex County |
8/07 |
D |
3/13/2006 |
Y |
Y |
Y |
Approved |
E-7 |
Ciallella, Philip
|
Borough of Spring
Lake Heights |
11/07 |
D |
9/7/2006 |
Y |
Y |
N |
Denied Accidental; Grant Ordinary (not external; not undesigned and unexpected) |
E-8 |
Clain, Harry
|
Rutgers University |
4/07 |
1 |
4/7/1988
(no delayed manifestation) |
Y |
N |
N |
Denied Accidental; Grant Ordinary (pre-existing) |
E-9 |
Rosas, Dale
|
Eatontown BOE |
9/05 |
1 |
5/21/2002
5/29/2002 |
Y
Y |
N
N |
Y
Y |
Denied Accidental; Only eligible for Withdrawal (<10 years) (pre-existing and not external); Continue in OAL (DAG Pushko recused.) |
| |
T/P = |
a) Permanently and totally disabled, mentally or physically, from performing the regular assigned work duties; AND
b) Permanently and totally disabled, mentally or physically, from performing any other available job duties. |
| |
D/R = |
The disability is not the result of a pre-existing disease that is aggravated or accelerated by the work. |
| |
T/E = |
A work-connected incident that is:
a) Identifiable as to time and place;
b) undesigned and unexpected; and
c) caused by a circumstance external to the member. |
OPEN SESSION
Retirement
Issues
|
F-1 |
Baylock, Sandra - Willingboro Twp BOE - Employment after retirement - Not bonafide retirement; Repay overpayment (Retirement Bureau, Enrollment Bureau) |
F-2 |
Triveri, Hugo - Division of Criminal Justice - Request for Prosecutors Part Eligibility - Denied Prosecutors Part; Not covered title; All service credited in regular PERS (Retirement Bureau) |
F-3 |
Bourne, Joanne - Dept of Treasury - Honorable Service - Deferred Retirement - Denied |
F-4+ |
Cassidy, Veronica - Brick Twp BOE - Honorable Service - Deferred Retirement - Denied |
Hearing
Decisions
| G-1 |
Auriemma, Joseph - Florham Park Borough - Initial Decision - ALJ upheld the Board's decision to impose a partial forfeiture; however the ALJ ordered the forfeiture be changed from January 1, 1992 through termination of employment to January 1,1994 through termination of employment; Exceptions; Reply to Exceptions - Adopted ALJ decision with modification for original forfeiture date of January 1, 1992; Noted exceptions; Noted reply to exceptions |
| G-2 |
Ceasar, Willie - Atlantic City - Hearing Withdrawal - Failure to Appear - Noted |
| G-3 |
Dandy, Patricia - Judiciary/Passaic County - Initial Decision - ALJ affirmed Board's
denial of ordinary disability retirement benefits; Exceptions; Reply to Exceptions - Adopted ALJ decision; Noted exceptions; Noted reply to exceptions (DAG Pushko recused.) |
| G-4 |
Solis, Ursula - Montclair State University - Initial Decision - ALJ reversed the Board's decision and granted ordinary disability retirement benefits effective January 1, 2006 under Maximum Option; Exceptions; Reply to Exceptions - Adopted ALJ decision with modification; Noted exceptions; Noted reply to exceptions (Retirement Bureau, Health Benefits) (DAG Pushko recused.) |
| G-5 |
Rockaway Township Bus Drivers Assoc - Initial Decision - ALJ upheld Board's decision denying creditable compensation; Exceptions; Reply to Exceptions - Adopted ALJ decision; Noted exceptions; Noted reply to exceptions |
| G-6 |
White, Audrey - UMDNJ - Final Administrative Determination - Approved |
| G-7 |
Crimaldi, Anthony - Western Monmouth Utility Auth. - Appellate Division Decision - Remand to OAL with specific request for fact finding |
| G-8 |
Frank, Mark - UMDNJ - Final Administrative Determination -Approved |
| G-9 |
Francois, Trevor - Englewood on the Palisades Charter School - Hearing Withdrawal - Noted |
| G-10 |
Harbeson, Carol - Mt. Holly Twp BOE - Initial Decision - ALJ reversed the Board's decision and approved Ordinary Disability retirement benefits effective September 1, 2005 under Maximum Option - Adopted ALJ decision (Retirement Bureau, Health Benefits) |
| G-11 |
DeClerico, Lawrence - Department of Treasury - Initial Decision - ALJ affirmed Board's denial of Ordinary Disability retirement benefits - Adopted ALJ decision with modification |
| G-12 |
Jackson, Lateaque - Vineland Developmental Center - Hearing Withdrawal - Noted |
OPEN SESSION
Hearing
Requests
| H-1 |
Lugo, Joseph - Mercer County Community College - Appeals denial of Accidental Disability retirement benefits - Approved |
| H-2 |
Beer, Beverly - Princeton Regional School - Appeals denial of group life insurance - Denied |
| H-3 |
Carroll, Thomas - Hudson County - Appeals denial of purchase as Prosecutors Part - Denied |
| H-4 |
Gonzalez, Francisco - Dover Township - Appeals denial of Accidental Disability retirement benefits - Approved |
Active
Membership Issues
J-1 |
Valentin, Luis - Monmouth County/ Hall of Records - Request for Prosecutors Part Credit - Request for Postponement - Approved postponement only until February 20, 2008 |
Death Claim Issues
| K-1 |
Jimenez, Eduardo (deceased) - Department of Transportation - Accidental Death Benefits - Approved (Trustee Lowden recused.)
|
L-1 |
Wire Transfers - Non-Contributory Group Insurance Policy #14800 - Noted |
L-2 |
Wire Transfers - Contributory Group Insurance Policy #13900 - Noted |
L-3 |
Policy Memorandum Privacy Notice - Noted |
L-4 |
Certifying Officer Letter - New Legislation and Report of Contributions - Noted |
L-5 |
State Investment Council Minutes for November 15, 2007 meeting - Noted |
L-6 |
State Investment Council Agenda for December 20, 2007 meeting - Noted |
"+" Indicates personal
appearance
"=" Indicates
items not mailed
The next meeting
of the Board will be held on February 20, 2008.
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