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PUBLIC EMPLOYEES' RETIREMENT SYSTEM
MARCH 19, 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: |
10:05 a.m. |
| Roll Call: |
Leon Flanagan, John Lowden, Jonathan Berg, Christine Veliz, Fred Beaver, Ned Thomson, Thomas Bruno (arrived 10:09), Ron Winthers (arrived 10:13) |
| Absent: |
Suzanna Buriani-DeSantis
|
| Also
Present: |
DAG Kellie Pushko; Kathleen Coates; Jackie Bussanich; Wendy Wise-Whitfield; Henry Matwiejewicz; Janet Cranna, Actuary; Marylou Mayoros; Virginia Martucci; Jim Jamison, NJEA; Rae Roeder; Peter Mauer; Amy Mazzeo; Lisa Pointer; Michael Czyzyk; Jean Monahan; David Ben-Asher, attorney; Harold Knox; Arlene Knox; Joseph Vacca; Luis Valentin; Matthew Giacobbe, attorney; Dusty McNichol, Star Ledger; Mary Ellen Rathbun; Valerie Tarr, Mark Schwedes
|
OPEN SESSION
Minutes
Minutes from the meeting of February 20, 2008 - Approved
Finance
A-1 |
Common Pension Fund E as of September 30, 2007 - Approved |
A-2 |
Common Pension Fund D as of November 30, 2007 - Approved |
A-3 |
Trial Balance as of August 31, 2007 - Approved |
A-4 |
Trial Balance as of September 30, 2007 - Approved |
A-5 |
Common Pension Fund A as of January 31, 2008 - Approved |
A-6 |
Common Pension Fund B as of January 31, 2008 - Approved |
| A-7 |
Trial Balance as of October 31, 2007 - Approved |
Miscellaneous
Issues
B-1 |
Administrative Code Proposed Repeal to NJAC 17:2-2.8 (d) - Adopted with issuance linked to PFRS |
B-2 |
Prudential Report regarding PERS Contributory Group Life Plan for the policy year July 1, 2006 through June 30, 2007 - Approved |
B-3+ |
Actuary Valuation Report from Buck Consultants for the period ending June 30, 2007 - Accept |
B-4 |
Prosecutors Part Contribution Rate - Adopted contribution rate at 8.5%, effective July 1, 2008 |
Retirement and Death Lists
C-1 |
Active and Retired Death Lists - Approved |
| C-2 |
Return to Employment - Approved |
| C-3 |
Retirement List - Approved |
| C-4 |
Chapter 221 - Approved |
CLOSED SESSION
Ordinary Disability
. |
MEMBER'S NAME AND NO. |
EMPLOYER |
EFFECTIVE DATE |
OPT |
TP |
DECISION |
D-1 |
Tharp, Donald |
Upper Freehold Twp |
10/07 |
5 |
Y |
Involuntary; Approved |
D-2 |
Violio, Louis |
Morris County |
1/08 |
5 |
N |
Denied Ordinary; Offer Service |
D-3 |
Cino, Fran |
Linden City BOE |
9/07 |
5 |
N |
|
D-4 |
Robinson, Carletha |
UMDNJ |
11/07 |
1 |
N |
Denied Ordinary; Offer Service |
D-5 |
Schlessinger, Gail |
Camden Judiciary |
6/08 |
5 |
N |
Denied Ordinary; Offer Service |
D-6 |
Piepszak, Barbara |
Trenton City |
11/07 |
5 |
N |
Denied Ordinary; Offer Service |
D-7 |
Collins, Gary |
Dept of Transportation |
8/07 |
B |
Y |
Approved |
D-8 |
Alvarado, Yolanda |
Cape May County |
2/07 |
5 |
N |
Although currently disabled; Not disabled when left employment in 2002; Offer Deferred |
D-9 |
Felton-Pierce, Joy |
County of Essex |
8/07 |
5 |
N |
Denied Ordinary; Offer Deferred |
D-10 |
Marchese, Anthony |
Turnpike Auth |
6/07 |
D |
N |
Reconsidered and Denied Ordinary; Approve Hearing |
D-11 |
Coy, Muriel
|
Hudson Judiciary |
9/07 |
5 |
Y |
Approved Ordinary from Service |
D-12 |
Patron, Vera |
Franklin Township |
7/07 |
C |
Y |
Approved |
D-13 |
Horner, Joseph
|
Pemberton Twp |
12/06 |
1 |
Y |
Approved Ordinary from Service |
D-14 |
Gramby, John |
Irvington BOE |
12/06 |
5 |
N |
Denied Ordinary; Offer Service |
D-15 |
Salermo, Silvio |
Elizabeth Public Schools |
04/07 |
1 |
N |
Denied Ordinary; Offer Service |
D-16 |
Bibby, Marian |
Dept of Labor |
12/06 |
A |
Y |
Reconsidered and Approved |
D-17
Monthly OD Grid - Approved (See list below)
Member's Name |
Effective Date |
Opt |
Employer |
Bay, Ruth H |
10/07 |
5 |
Logan Township BOE |
Bostic, Amanda |
07/08 |
1 |
Newark Public Schools |
Boyce, Ina |
08/07 |
1 |
Mercer County |
Brettell, Patricia A |
01/08 |
B |
Treasury-Division of Taxation |
Carter, Craig L |
12/07 |
5 |
Camden Co Board of Social Services |
Casper, Albert |
09/07 |
1 |
Cumberland County |
Caswell, Dale June |
03/08 |
5 |
Bridgewater-Raritan Reg Sch Dis |
Childs-Wyatt, Detriea |
01/08 |
5 |
Atlantic City |
Collins, Paul B Jr |
01/08 |
B |
Salem Co Utilities Authority |
Craig, David A |
02/08 |
A |
Bergen County |
Crayne, Eileen B |
12/07 |
C |
Dept. of Health |
Cunningham, Alvin |
03/08 |
A |
Bergen County |
Devincentis, Arnie V |
05/08 |
5 |
Stafford Township BOE |
Diggs-Carey, Deborah |
03/08 |
5 |
Lawrence Township |
Dunaj, Leo J |
05/08 |
5 |
Bergen County |
Engram, Lisa |
03/08 |
5 |
Treasury-Division of Pensions & Benefits |
Guzman, Judilisa |
10/07 |
5 |
Teaneck BOE |
Huesser, Christina |
12/07 |
5 |
Judiciary/Gloucester County |
Humphreys, Mary F |
03/08 |
5 |
Evesham Twp BOE |
Johnson, Phillip |
10/07 |
B |
Glassboro BOE |
Jones, Bernard |
01/08 |
A |
Trenton Psychiatric Hospital |
Kavanagh, Kathleen M |
01/08 |
5 |
Jackson Township BOE |
Kunzig, Lynne |
07/08 |
5 |
Passaic Co Manchester Reg High |
Lindsay, Terry A |
02/08 |
5 |
Burlington County |
Logan, David A |
07/07 |
5 |
Operations/Traffic Operations |
Martin-Rivera, Linda J |
09/07 |
5 |
Long Branch BOE |
Mitzak, Eileen M |
05/08 |
A |
Hillsborough Twp BOE |
Norris, Lisa C |
11/07 |
5 |
Highway Authority |
O’Dell, Donald F |
07/08 |
2 |
Union City BOE |
Pallante, Carmela |
02/08 |
5 |
Judiciary/Essex County |
Paulino, Maria |
09/07 |
5 |
Weehawken Twp BOE |
Quintavella, Rosella |
02/08 |
5 |
Clifton City BOE |
Rodriguez, Reinoldo |
02/08 |
D |
Union County |
Scott, Marilyn L |
02/08 |
1 |
Bergen Co Bd of Special Services |
Semptimphelter, Toni J |
11/07 |
5 |
Rancocas Valley Regional HS |
Stark, Judith L |
04/08 |
5 |
Voorhees Township |
Sutterlin, Karl W |
01/08 |
C |
Barnegat Township |
Taylor, Ann S |
12/07 |
5 |
Kearny Town BOE |
Taylor, Wayne H |
03/08 |
2 |
Manalapan Township |
Truch, Jessie J |
12/07 |
5 |
Trenton City |
Veltri, Joseph |
06/08 |
A |
Jersey City University |
Ware, Ida |
03/08 |
5 |
Mercer County |
Member's Name |
Effective Date |
Opt |
Employer |
Wetzel, Debra L |
10/07 |
5 |
Vineland Developmental Center |
Whittaker, Sandra |
11/07 |
C |
Ewing Township |
Wilkins, Linda |
12/07 |
5 |
Camden City BOE |
Williams, Hilery Jr |
02/08 |
C |
Newark Public Schools |
Wise, Kashawn A |
05/08 |
1 |
State Police Civilian Employees |
Wright, Mariam M |
12/07 |
1 |
Passaic County |
Zellers, Thomas E |
10/07 |
5 |
Oxford Twp BOE |
Ziobro, Dolores |
02/08 |
D |
Millstone Township BOE |
Total = 50
|
(TP = Total and Permanent)
CLOSED SESSION
Accidental Disability
. |
MEMBER'S NAME AND NO. |
EMPLOYER |
EFFECTIVE DATE |
OPT |
ACCIDENT
DATE |
TP |
DR |
TE |
DM |
DECISION |
E-1 |
Messick, Rita
|
Pittsgrove BOE |
5/07 |
2 |
6/1/01
10/8/01
3/20/02 |
N
N
Y |
N
N
Y |
N
N
Y |
N
N
Y |
Approved |
E-2 |
Mundy, Melissa
|
Camden County Board of Chosen Freeholders |
9/07 |
A |
3/4/04 |
T |
T |
T |
. |
Tabled for additional information regarding incident |
E-3 |
Toscano, John
|
Essex County |
1/08 |
5 |
1/25/06 |
Y |
Y |
Y |
. |
Approved |
E-4 |
Jackson, Patricella
|
Corrections-Adult Diagnostic Treatment Center |
6/07 |
5 |
4/26/00
8/18/04 |
N
N |
N
N |
N
N |
N |
Denied Accidental; Offer Deferred
(not TP, therefore, not a DR of a TE) |
E-5 |
Marquez, Jose
|
Mercer County |
8/07 |
B |
7/31/06
10/12/06 |
Y
Y |
N
Y |
Y
Y |
. |
Approved |
E-6 |
Russo, Emilio
|
Newark City |
6/07 |
2 |
1/27/03 |
Y |
Y |
N |
. |
Denied Accidental; Grant Ordinary
(not undesigned and unexpected; not caused by external circumstance) |
E-7 |
Vicheto, Anthony
|
Camden County Health Services
Center |
1/08 |
5 |
10/6/04 |
N |
N |
N |
. |
Denied Accidental; Offer Service (not TP, therefore, not a DR of a TE) |
E-8 |
Wilson, Robert
|
Pemberton
Township BOE |
11/07 |
5 |
2/14/06 |
Y |
N |
N |
. |
Denied Accidental; Grant Ordinary (not caused by external circumstance; pre-existing) |
E-9 |
Moreland, John
|
Jersey City Public Schools |
3/07 |
5 |
7/27/05 |
N |
N |
N |
. |
Denied Accidental; Offer Service (not TP, therefore, not a DR of a TE) |
E-10 |
Lemke, Joseph
|
Hasbrouck Hts. BOE |
3/08 |
A |
6/6/06
6/8/07 |
Y
Y |
Y
N |
Y
N |
. |
Approved
6/8/07 – not undesigned and unexpected |
E-11 |
Hafey, Rachelle
|
Howell Twp. BOE |
11/07 |
5 |
11/1/95
12/6/06 |
N
Y |
N
N |
N
N |
N |
Denied Accidental; Grant Ordinary
11/1/95 – not TP, therefore, not a DR of a TE
12/6/06 – not caused by external circumstance (pre-existing) |
. |
MEMBER'S NAME AND NO. |
EMPLOYER |
EFFECTIVE DATE |
OPT |
ACCIDENT
DATE |
TP |
DR |
TE |
DM |
DECISION |
E-12 |
Clark, Nieftea
|
Trenton Psychiatric Hospital |
8/07 |
5 |
9/29/02
10/9/04
12/7/06 |
Y
Y
Y |
Y
Y
Y |
Y
Y
N |
. |
Denied Accidental; Only eligible for Withdrawal; 12/7/06 - not undesigned and unexpected; caused by member exceeding limits set by doctor; member cannot withdraw claim on incident of 12/7/06 |
E-13 |
Kucharek, John
|
UMDNJ |
10/07 |
D |
10/30/03
8/16/06 |
N
Y |
N
Y |
N
Y |
. |
Approved
10/30/03 - not TP, therefore, not a DR of a TE |
E-14 |
Smith, Bart
|
Newark Housing Auth |
12/06 |
D |
1/23/01
12/8/05 |
Y
Y |
N
N |
N
N |
N |
Denied Accidental; Continue Ordinary (not external; pre-existing) |
E-15 |
Johnson, Louisette
|
Judiciary |
11/07 |
5 |
4/9/07 |
T |
T |
T |
. |
Tabled for IME to clarify if able to perform alternate duties available |
E-16 |
Love, Channell
|
County of Mercer |
6/07 |
D |
12/16/05 |
Y |
Y |
Y |
. |
Approved |
E-17 |
Lawz, Kim
|
Woodbridge Develop Center |
4/06 |
5 |
1/23/03
8/25/05 |
N
N |
N
N |
Y
N |
. |
Reconsider and Reaffirm Denial (not during and as a result of regular and assigned duties); Continue in OAL |
E-18 |
Aufiero, John
|
Borough of Stanhope |
11/07 |
B |
9/9/02 |
Y |
Y |
Y |
. |
Approved |
E-19 |
Scott, Clifford
|
City of Orange Twp |
1/08 |
5 |
4/10/00
9/20/01
11/8/02
7/2/03
12/16/04
6/23/06 |
Y |
T |
T |
T |
Tabled Accidental for clarification from IME; Grant Interim Ordinary |
E-20 |
Perez, Jesus
|
North Bergen BOE |
12/07 |
5 |
12/16/04
1/18/07 |
Y |
Y |
Y |
. |
Approved |
E-21 |
Hill, Thomas
|
Borough of Bergenfield |
4/07 |
5 |
9/24/04 |
Y |
N |
Y |
. |
Denied Accidental; Continue Ordinary (other factors contributed to TP; pre-existing) |
| |
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 |
Thompson, Julius - NJ Training School for Boys - Request an extension of repayment – Approved 10 year repayment schedule (Retirement Bureau) |
F-2+ |
Knox, Harold - Union County - Employment after retirement (bona fide retirement) - Not a bona fide retirement; not seasonal; must repay overpayment of retirement benefits; approved 10 year repayment schedule with assignment of life insurance policy; grant stay until appeal filed with Board (Retirement Bureau, Claims Bureau) |
F-3+ |
Vacca, Joseph - Paterson BOE - Honorable Service - Partial Forfeiture of service and salary from 1/1/02 through termination; prospectively (Retirement Bureau) |
F-4 |
Stewart, Madeline - East Orange City BOE - Honorable Service - Partial forfeiture of service and salary from 1/1/94 through termination (Retirement Bureau) |
F-5 |
Surillo-Rojas, Jessie - Mid-State Correctional Facility - Honorable Service - No forfeiture of service or salary; approved Early retirement effective November 1, 2007 (Retirement Bureau) |
OPEN SESSION
Hearing
Decisions
| G-1 |
Tiefenbacher, Thomas - Passaic County - Initial Decision - ALJ upheld the Board's decision and denied Accidental Disability - Tabled for exceptions |
| G-2 |
Larocca, Louis - Essex County - Initial Decision - ALJ affirmed the Board's decision for repayment the overpayment of benefits over a period of 10 years due to his return to employment - Adopted with corrections noted |
| G-3 |
Baylock, Sandra - Willingboro Twp. BOE - Final Administrative Determination - Approved |
| G-4 |
Barto, Loretta - Judiciary/Burlington County - Final Administrative Determination - Approved |
| G-5 |
Redden, John - Morris County - Appellate Division Decision - Appellate Court affirmed the Board’s decision dismissing petitioner’s request for full credit in the Prosecutors Part for his service in the PERS in accordance with Chapter 366, P.L. 2001 - Noted |
OPEN SESSION
Hearing
Requests
H-1 |
Briganti, Michael - Paterson EOF - Appeals Board's denial of Accidental Disability - Approved |
H-2 |
Yackwack, Donna - Elizabeth BOE - Appeals Board's denial of Ordinary Disability - Approved |
H-3 |
Custy, Barbara - Judiciary/Somerset County - Appeals Board's denial of Ordinary
Disability - Approved |
H-4 |
Long, Diana - Camden County Board of Chosen Freeholders - Appeals Board's denial of Ordinary Disability (beyond 45 days) - Approved |
H-5 |
Clain, Harry - Rutgers University - Appeals Board's denial of Accidental Disability - Approved |
OPEN SESSION
Active
Membership Issues
J-1+ |
Marzarella, Samuel - Ocean County - Request for retroactive enrollment in Prosecutors Part - Denied; Tabled request for hearing in OAL pending factual basis for the hearing |
| J-2+ |
Valentin, Luis - Monmouth County/Hall of Records - Request for Prosecutors
Credit - Denied purchase as Prosecutors Part |
Death Claim Issues
L-1 |
Larry S. Loigman, Esq. Vs. PFRS - Noted |
L-2 |
State Investment Council Minutes for the January 17, 2008 meeting - Noted |
L-3 |
State Investment Council Agenda for the February 21, 2008 meeting - Noted |
L-4 |
Supreme Court Decisions regarding psychiatric Accidental Disability cases - Noted |
L-5 |
State Investment Council Agenda for March 20, 2008 - Noted |
"+" Indicates personal
appearance
"=" Indicates
items not mailed
The next meeting
of the Board will be held on April 16, 2008.
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