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PUBLIC EMPLOYEES' RETIREMENT SYSTEM
FEBRUARY 20, 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: |
10:07 a.m. |
| Roll Call: |
Leon Flanagan, John Lowden, Jonathan Berg, Ned Thomson, Ronald Winthers (arrived 10:25), Thomas Bruno, Christine Veliz, Fred Beaver |
| Absent: |
Suzanna Buriani-DeSantis |
| Also
Present: |
DAG Pushko; Kathleen Coates; Jackie Bussanich; Lisa Pointer; Virginia Martucci; Marylou Mayoros; Amy Mazzeo; Bob Bobik, NJEA; Dusty McNichol, Star Ledger; Mark Schwedes; Christopher Hagerman; Charles Uliano, attorney; Ana Bezama; Patricia Verdejo; Norbert Binkowski; Matthew J. Giacobbe, attorney; Jay Weiner; Billy Tedder; Valerie Tarr; Donald Cain
|
OPEN SESSION
Minutes
Minutes of the meeting of January 16, 2008 - Approved
Finance
A-1 |
Common Pension Fund A as of December 31, 2007 - Approved |
A-2 |
Common Pension Fund B as of December 31, 2007 - Approved |
A-3 |
Common Pension Fund D as of October 31, 2007 - Approved |
A-4 |
Trial Balance as of July 31, 2007 - Approved |
Miscellaneous
Issues
| B-1 |
Municipal Election Results - Approved |
| B-2 |
State Election Results - Approved |
Retirement and Death Lists
C-1 |
Active and Retired Death Lists - Approved |
C-2 |
Retirement List - Approved w/o Joseph Coniglio (page 5) |
C-3 |
Chapter 221 - Approved |
CLOSED SESSION
Ordinary Disability
D-1 |
Campbell, Janet - Motor Vehicle Commission - Effective March 1, 2007 - Maximum Option - Reconsideration - Reaffirmed denial of Ordinary Disability; Offer Deferred |
D-2+ |
Hagerman, Christopher - DEPE - Effective July 1, 2004 - Option 2 - Resubmission - Approve subject to earnings test |
D-3 |
Campanile, Pasquale - City of Orange Township - Effective August 1, 2007 - Option A - Tabled for re-evaluation by same IME |
D-4 |
Lake, Dana - Hanover Twp - Effective December 1, 2006 - Maximum - Denied; Offer Deferred; Approve OAL Hearing |
D-5 |
Brown, Delois - Greenbrook Regional Center - Effective April 1, 2007 - Maximum - Reconsidered and Approved |
D-6 |
Shapiro, Kathryn - New Lisbon Devel Center - Effective December 1, 2007 - Maximum - Approved |
D-7 |
Harvey, Floyd - Regional Operations Central - Effective November 1, 2007 - Maximum - Approved |
D-8+ |
Bezama, Ana - Jersey City Public Schools – Effective December 1, 2006 – Maximum - Reconsideration – Reaffirmed denial of Ordinary Disability; Offer Service |
D-9 |
Lanza, James - MVC - Effective March 1, 2008 - Option B - Denied; Offer Early |
D-10 |
Ray, Linda - MVC - Effective April 1, 2007 - Maximum - Reconsideration - Denied; Offer Service effective November 1, 2007 |
D-11 |
Steiner, Sarka - Dept of Transportation - July 1, 2007 - Option D - Resubmission - Denied; Offer Service |
D-12 |
Johnson, Kim - UMDNJ - October 1, 2007 - Option 5 - Denied; Offer Deferred |
D-13 |
Ordinary Disability Grid w/Supplement - Approved (see attached list) NOTE: Joseph Giermanski - deceased; No re-evaluation for Reynold Beaton
Member's Name |
Effective Date |
Opt |
Employer |
Apfelbaum, Alan |
11/07 |
5 |
Hudson County |
Baker, Melanie |
12/07 |
1 |
MVC-Shared Services |
Barrera, Grauven |
10/07 |
1 |
Elizabeth BOE |
Beaton, Reynold |
08/07 |
D |
Middlesex Co Bd of Social Services |
Berghuis, Maria |
07/07 |
5 |
Pennsauken Twp BOE |
Bright, Paul |
11/07 |
5 |
Southampton Twp BOE |
Brower, Peter |
11/07 |
C |
Passaic County |
Brown, Kenneth |
08/07 |
C |
West Orange Township BOE |
Brown, Lillian |
03/08 |
B |
Winslow Township BOE |
Bullaro, Leonardo |
02/08 |
D |
Passaic County |
Bumbrey, Eric |
09/07 |
5 |
Camden City BOE |
Buono, Alexander |
02/08 |
A |
Monmouth County/Hall of Records |
Cade, Annie M |
01/08 |
5 |
Camden City BOE |
Cerreta, Renee A |
07/07 |
A |
Jersey City Public Schools |
Chaar, Gwen L |
05/08 |
5 |
Mt. Olive Twp BOE |
Clay, Melvin M |
10/07 |
1 |
Asbury Park BOE |
Cohen, Alan |
04/08 |
5 |
Brick Township |
Dacruz, Anita M |
03/08 |
1 |
Brick Twp BOE |
Deibel, Kela L |
01/08 |
1 |
Winslow Township BOE |
Delese, Anthony J |
03/08 |
B |
Piscataway BOE Admin Bldg |
Diaz, Camille R |
11/07 |
5 |
Burlington Twp BOE |
Discenza, Geraldine |
07/07 |
A |
Garfield City BOE |
Donoghue, Marie |
11/07 |
5 |
Jersey City Housing Authority |
Dunay, Terry |
09/07 |
A |
Office of the Public Defender |
Freda, Antoinette |
10/07 |
1 |
Clifton City |
Gantt, Patricia C |
08/07 |
1 |
Camden City BOE |
Gavrell, Stephen J |
01/08 |
5 |
Juvenile Justice Commission |
Giermanski, Joseph* |
1/08 |
B |
Kenilworth Boro BOE |
Goonan, Howard J |
07/07 |
A |
Bellmawr Borough |
Hatcher, Christina S |
12/07 |
5 |
Woodbine Developmental Center |
Herrera, Margarita |
11/07 |
1 |
Passaic County |
Hockenbury, Matthew |
11/07 |
B |
Elizabeth BOE |
Hoffman, Clarence W |
09/07 |
A |
Millville City |
Kelly, Liv H |
01/08 |
5 |
Essex Co Vocational School |
Koleski, Patricia S |
01/08 |
5 |
Division of Alcohol Beverage Control |
Lawless, Michael |
04/06 |
5 |
Harrison Township |
Ledrew, Theresa E |
09/07 |
1 |
Washington Twp BOE |
Maciolek, Richard F |
07/07 |
5 |
Middlesex County |
Managault, Marge |
11/07 |
5 |
Jersey City Public Schools |
Mann, Michael I |
02/08 |
B |
Trenton Psychiatric Hospital |
Member's Name |
Effective Date |
Opt |
Employer |
Marotta, Florence |
03/08 |
D |
Judiciary/Somerset County |
Martini, Regina |
03/08 |
C |
Bergen County |
Mason, William |
02/08 |
D |
Monmouth County/Hall of Records |
Mathis, Francine S |
04/07 |
5 |
Trenton Housing Authority |
Matthews, Martin |
05/07 |
A |
Hudson County |
McKoy-Orr, Lavinia |
11/07 |
5 |
Commission for Blind & Visually Imp |
Miller, Kimberly Renea |
06/07 |
5 |
Mercer County |
Moore, Deborah A |
08/07 |
5 |
Newark City |
Nativo, Josephine |
03/08 |
5 |
Brick Twp BOE |
Newman, William J |
02/08 |
A |
Monmouth County/Hall of Records |
Nuscis, Frances M |
01/08 |
C |
Woodbine Developmental Center |
Oliver, Thomas W |
05/08 |
B |
East Jersey State Prison |
Pena, Yolanda |
03/08 |
B |
Newark Public Schools |
Person, Veronica L |
12/07 |
A |
Camden Co Health Services Center |
Pestritto, Lois |
10/07 |
D |
Washington Twp BOE |
Portela, Ana A |
01/07 |
D |
Union City BOE |
Quigley, Eileen P |
03/08 |
5 |
Elizabeth City |
Reynolds, Joanne |
01/08 |
5 |
Dept of Children & Families |
Robertazzi, Jacqueline |
03/08 |
1 |
Ocean County |
Rosario, Juan |
10/07 |
1 |
Mercer County |
Ryan, Larry M |
02/08 |
A |
Jersey City Public Schools |
Sartor, Douglas W |
01/08 |
5 |
Willingboro Township |
Scioli, Judy A |
03/07 |
5 |
Fort Lee Borough |
Seidle, William E |
12/07 |
4 |
Mt Holly Municipal Utilities Auth |
Sickels, B Ellen |
01/08 |
5 |
Berkeley Township |
Sims, Thomas Jr. |
09/07 |
5 |
Union County |
Spaulding-Howse, Deborah |
01/08 |
A |
Plainfield BOE |
Stampone, Annette |
12/07 |
5 |
Bergen County |
Swaney-Ramos, Debra |
08/07 |
C |
Dept of Banking & Insurance |
Sweet-Letie, Sandra |
11/07 |
5 |
Burlington Co College |
Torres, Gladys |
11/07 |
5 |
Passaic County |
Wagoner, Abrum |
02/08 |
5 |
Morris County |
Walker, Cynthia R |
01/08 |
5 |
The College of New Jersey |
Watson, Stanley |
10/07 |
A |
Jersey City Housing Authority |
Weldon, Nancy |
01/08 |
5 |
NJ Turnpike Authority |
Williams, James A |
12/07 |
C |
Mercer County |
Young, Stephen |
06/07 |
5 |
Essex County |
Yourman, Edna H |
10/07 |
5 |
East Brunswick Twp BOE |
Zapata, Antonia |
12/07 |
5 |
Northern State Prison |
*Member deceased |
Total = 79 |
|
D-14 |
Purcell, Geraldine - Cape May County Bridge Comm - August 1, 2007 - Maximum - Denied; Offer Deferred
|
Accidental Disability
. |
MEMBER'S NAME AND NO. |
EMPLOYER |
EFFECTIVE DATE |
OPT |
ACCIDENT
DATE |
TP |
DR |
TE |
DECISION |
E-1 |
Rudolph, Napoleon
|
Richard Stockton College of NJ |
11/06 |
D |
9/7/04
9/23/05 |
Y
Y |
N
Y |
T
T |
Tabled for statement of witness |
E-2 |
Arthurs, Kathleen
|
Office of Education |
9/07 |
A |
10/22/02 |
Y |
Y |
Y |
Approved |
E-3 |
Gangemi, Michele
|
DYFS |
1/08 |
5 |
9/28/06 |
Y |
N |
Y |
Denied Accidental; Grant Ordinary; pre-existing |
E-4 |
Dennis, Debra
|
Rutgers University |
9/07 |
A |
4/20/06 |
Y |
N |
N |
Denied Accidental; Grant Ordinary; not identifiable as to time/place; not undesigned and unexpected; not caused by external circumstance (no specific incident) |
E-5 |
Doukas, George
|
Trenton City |
10/07 |
C |
7/5/06 |
Y |
N |
N |
Denied Accidental; Grant Ordinary; not external; pre-existing |
E-6 |
Rodriguez, Monserrate |
Atlantic City |
5/06 |
5 |
6/4/04 |
N |
N |
Y |
Reconsidered and Reaffirm denial of Accidental; Offer Deferred |
|
MEMBERS NAME AND NO. |
EMPLOYER |
EFFECTIVE DATE |
OPT |
ACCIDENT
DATE |
TP |
DR |
TE |
DECISION |
E-7 |
Akuffo, Helen
|
Trenton Psych |
9/07 |
5 |
10/10/05 |
Y |
N |
N |
Denied Accidental; Only eligible for withdrawal (less than 10 years); not caused by external circumstance; pre-existing |
E-8 |
Ugorji, Anastasia
|
Trenton Psych |
4/07 |
D |
2/15/04 |
Y |
N |
N |
Denied Accidental; Offer Service (less than 10 years); not caused by external circumstance; pre-existing |
E-9 |
Hubbard, Ralph
|
Springfield BOE |
7/07 |
5 |
12/16/98 |
T |
T |
T |
Tabled for clarification for off payroll over 2 years |
E-10 |
Olivera, Lydia
|
UMDNJ |
5/07 |
1 |
4/10/04 |
Y |
Y |
Y |
Approved |
E-11 |
Crumbley, Gregory
|
Trenton Housing Auth |
6/07 |
D |
2/13/06 |
Y |
T |
T |
Tabled Accidental for new IME; Continue Ordinary |
E-12 |
Mauger, Charles, Jr.
|
Berlin Twp School Dist |
10/07 |
A |
9/19/05 |
Y |
N |
N |
Denied Accidental; Grant Ordinary; not caused by external circumstance; pre-existing |
E-13 |
Foxworth, Greta
|
NJ Military and Veteran Affairs |
3/07 |
5 |
12/16/05 |
Y |
Y |
Y |
Approved |
E-14 |
Rutkowski, John
|
Garfield BOE |
1/07 |
5 |
2/14/00
6/28/00
1/7/03
4/30/03
10/4/04
10/28/05
11/3/05
3/8/06 |
Y |
Y
Y
Y
Y
Y
Y
Y
Y |
N
Y
N
N
Y
N
N
N |
Denied Accidental; Grant Ordinary (pending purchase)
2/14/00 – not undesigned and unexpected; not external
1/7/03 – not during and as a result of work duties
4/30/03 and 10/28/05 – no official documentation
11/03/05 and 3/8/06 not external, no physical component
2/14/00 and 6/28/00 no delayed manifestation |
|
MEMBER'S NAME AND NO. |
EMPLOYER |
EFFECTIVE DATE |
OPT |
ACCIDENT
DATE |
TP |
DR |
TE |
DECISION |
E-15 |
Alford, Pecola
|
New Lisbon Develop Center |
5/07 |
5 |
1/9/06
12/27/06 |
NA
N |
NA
N |
NA
Y |
Denied Accidental; Offer Service (not enrolled in PERS until 1/21/06, so not eligible to file on incident of 1/9/06) |
| |
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 |
Binkowski, Norbert - Human Ser-Arthur Brisbane Child - Creditable Compensation (Medical Officer of the Day-MOD) - Denied; Apply prospectively (Retirements) |
F-2 |
Weiner, Jay - MVC - Honorable Service – Partial Forfeiture; Forfeit service and salary from January 1, 2006 through termination of employment; Apply prospectively (Retirements) |
F-3 |
Knox, Harold - Union County - Employment after retirement (Bona fide Retirement) - Request for Postponement - Approved |
F-4+ |
Scarpelli, Joseph - Brick Township - Honorable Service - Partial Forfeiture; Forfeit service and salary from January 1, 1998 through termination of employment; Apply penalty retroactive to retirement date; Approve 10 year repayment schedule with assignment of life insurance policy to the PERS; Approve dependency to spouse to receive adjusted pension, further reduced by repayment schedule (Retirements/Audit/Claims) |
F-5 |
Weldon, Terrance - Ocean Twp. Sewerage Authority - Ocean Twp. - Asbury Park City - Honorable Service – Total Forfeiture (Retirements/Audit) |
F-6 |
Ismail, Samia - Woodbridge Developmental Center - Honorable Service - Deferred
Retirement - Total Forfeiture (not eligible for deferred; removed for cause) (Retirements/Audit) |
F-7 |
Removed administratively until March 19, 2008 |
F-8 |
Mouber, Michael - Mt. Laurel Twp - Repayment Schedule - Approve 10 year repayment schedule; Assign life insurance to PERS (Retirements/Claims) |
F-9 |
Mosston, Leora - Division of Rate Payer Advocate - Repayment Schedule – Request 10 year repayment schedule - Approved; Assign life insurance policy to PERS (Retirements/Claims) |
OPEN SESSION
Hearing
Decisions
G-1 |
Campbell, Greta - North Jersey Development Center - Hearing Withdrawal - Failure to appear - Noted |
G-2 |
Cain, Donald - Camden City Housing Authority - Initial Decision with Exceptions - ALJ reversed the Board's decision and granted Accidental disability retirement benefits effective December 1, 2006 – Option B – Adopt with modification; Note exceptions and supplement (Retirements/Financial) |
G-3 |
Carroll, Thomas - Hudson County - Final Administrative Determination - Approved |
G-4 |
Beer, Beverly - Princeton Regional School - Final Administrative Determination - Approved |
G-5+ |
Sacco, Catherine - Woodbridge Township BOE - Request for advice - Request to postpone hearing for Division to investigate and consolidate similar matters (Retirements) |
G-6 |
Russo, Anthony - Hoboken City - Initial Decision - ALJ affirmed the Board’s
decision for partial forfeiture of service which includes all time served in position of Mayor
(8 years) - Adopt |
G-7 |
Murphy, Deborah - DYFS - Hearing Withdrawal - Noted |
OPEN SESSION
Hearing
Requests
| H-1 |
Jackson, Fred - UMDNJ - Appeals Board’s denial of Accidental Disability retirement benefits - Approved |
| H-2 |
Fletcher, Rosita - Union County - Appeals Board’s denial of Ordinary Disability retirement benefits - Approved |
| H-3 |
Montoya, Aida - Newark City - Appeals Board’s denial of Accidental Disability retirement benefits - Approved |
| H-4 |
Stankiewicz, Stanley - Cape May Court House - Appeals Board’s denial of Accidental Disability retirement benefits (issue of delayed manifestation) - Approved |
| H-5 |
Henderson, James - Mercer County Special Services School District - Appeals Board’s denial of Ordinary Disability retirement benefits - Approved |
| H-6 |
Montani, Hugh - Perth Amboy City - Appeals Board’s denial of Accidental Disability retirement benefits - Approved |
| H-7 |
Cooper, Joseph - Haledon Borough BOE - Appeals Board’s denial of Accidental Disability retirement benefits - Requests reconsideration of T/E on incident of May 30, 2006 - Reaffirmed denial and approved OAL Hearing |
| H-8 |
Baylock, Sandra - Willingboro Twp. BOE - Appeals Board's decision of that there was not a bonafide retirement - Denied Hearing |
| H-9 |
Martins, Fernando - Passaic Valley Sewerage Comm. - Appeals Board's decision that employment was that of an independent contractor and that his retirement was not bona fide (also request reconsideration as independent contractor) - Reaffirmed decision and Approved OAL Hearing |
| H-10 |
Ciallella, Philip - Spring Lake Heights Borough - Appeals Board's denial of Accidental Disability retirement benefits - Approved |
| H-11 |
Barto, Loretta - Judiciary - Burlington County - Appeals denial request to received the retired pension benefit and the active PERS group life insurance - Denied Hearing |
| H-12 |
Menard, Faith - Union County - Appeals Board's denial of Ordinary Disability
retirement benefits - Approved |
Active
Membership Issues
J-1+ |
Valentin, Luis - Monmouth County/Hall of Records - Request for Prosecutors Part Credit - Request to Postpone - Approved request to postpone until March 19, 2008 |
Death Claim Issues
L-1 |
Wire Transfers - Non-Contributory Group Insurance Policy #14800 - Noted |
L-2 |
Wire Transfers - Contributory Group Insurance Policy #13900 - Noted |
L-3 |
State Investment Council Agenda for the January 17, 2008 meeting - Noted |
L-4 |
Nominating Petition Results - County Election - Noted |
L-5 |
Nominating Petition Results - County Election - Noted |
L-6 |
State Investment Council Minutes for the December 20, 2007 meeting - Noted |
L-7 |
Notification of Results of Position on Ballot for County Election -Noted |
L-8 |
Wire Transfers Non-Contributory Group Insurance Policy #14800 Benefit Claims - Noted |
| L-9 |
Wire Transfers PERS Contributory Group Insurance Policy #13900 - Noted |
"+" Indicates personal
appearance
"=" Indicates
items not mailed
The next meeting
of the Board will be held on March 19, 2008.
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