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PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AUGUST 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: |
10:06 a.m. |
| Roll Call: |
Leon Flanagan, John Lowden, Jonathan Berg, Ned Thomson, Thomas Bruno, Ronald Winthers, Christine Veliz, Fred Beaver |
| Absent: |
Suzanna Buriani-DeSantis
|
| Also
Present: |
DAG Kellie Pushko; Kathleen Coates; Jackie Bussanich; Marylou Mayoros; Virginia Martucci; Amy Mazzeo; Jean Monahan; Marie O’Connell; Bob Bobik, NJEA; Hank Schwedes; Dusty McNichol, Star Ledger; Karen Flanagan; Ryan Flanagan; Janice Nelson; Joanne Wolfe, Joseph Kempter, attorney; Patricia Rothenberg; Herbert Rothenberg; Anthony D’Altrui; Marc Chiappini
|
OPEN SESSION
Minutes
Minutes from the meeting of July 16, 2008 - Approved
Finance
A-1 |
Common Pension Fund E as of January 31, 2008 - Approved |
A-2 |
Common Pension Fund A as of June 30, 2008 - Approved |
A-3 |
Common Pension Fund B as of June 30, 2008 - Approved |
A-4 |
Common Pension Fund E as of February 29, 2008 - Approved |
| A-5 |
Common Pension Fund D as of May 31, 2008 - Approved |
| A-6 |
Trial Balance as of June 30, 2008 - Approved |
Miscellaneous
Issues
Retirement and Death Lists
C-1 |
Active and Retired Death Lists - Approved |
| C-2 |
Return to Employment - Approved |
| C-3 |
Retirement List - Approved w/exception of Michael Fallon who is being reviewed for Prosecutor’s Part of PERS |
| C-4 |
Chapter 221 - Approved |
CLOSED SESSION
Ordinary Disability
. |
MEMBER'S NAME
AND NO. |
EMPLOYER |
EFFECTIVE DATE |
OPT |
DECISION |
D-1 |
Siino, Barbara
|
Eatontown BOE |
7/08 |
1 |
Denied Ordinary; Offer Service |
D-2 |
Rodriguez, Nixa
|
Camden BOE |
7/07 |
5 |
Reconsidered; Approved Ordinary |
D-3 |
Zack, Eileen
|
Dept of Labor |
4/08 |
5 |
Denied Ordinary; Offer Service |
D-4 |
Pitts, Joann
|
DHS |
7/08 |
A |
Approved |
D-5 |
Bernard, Kevin
|
Borough of Lavalette |
5/08 |
5 |
Approved Involuntary Ordinary |
D-6 |
Monthly OD Grid with Supplement |
. |
. |
. |
Approved (see below list) |
D-7 |
Lee, Geraldine
|
Greystone Park Psych Hosp |
9/07 |
5 |
Approved |
|
PERS ORDINARY DISABILITY GRID |
Member's Name |
Effective Date |
Opt |
Employer |
Blithe, Margaret |
07/07 |
5 |
Cherry Hill Twp BOE |
Bonavita, Francesca |
05/08 |
1 |
Newark Public Schools |
Boyd, Arthur L |
09/08 |
1 |
Vineland City BOE |
Bucci, Joseph |
04/08 |
C |
Washington Twp BOE |
Calderone, Mary Marg |
09/08 |
5 |
Judiciary/Essex County |
Caponera, Nicolina |
04/08 |
5 |
Dept Children & Families |
Carter, Elva M |
08/08 |
5 |
Division of Consumer Affairs |
Caruso, Lorraine |
07/08 |
5 |
Cherry Hill Twp BOE |
Chisolm, Eva M |
03/08 |
5 |
Jersey City Public Schools |
Chojnacki, Bernadette |
08/08 |
5 |
Trenton City BOE |
Ciccolella, Joan M |
07/08 |
3 |
Clifton City BOE |
Coletta, Joseph |
09/08 |
5 |
Jersey City Public Schools |
Comer, Roy R Sr. |
06/08 |
5 |
Passaic City |
Cotten, Eric |
02/08 |
5 |
Woodbridge Developmental Center |
Crose, Francis M |
09/08 |
A |
Union County |
Davis, Beverly |
06/08 |
5 |
Comm for the Blind/Visually Impaired |
DePeri, Richard |
07/08 |
5 |
Lodi Borough |
Dillon, Joann M |
11/08 |
5 |
Springfield Twp BOE |
Elio, August |
07/08 |
A |
Woodbridge Township BOE |
Fasulka, Sherry K |
06/08 |
A |
Middlesex County |
Grover, Joseph |
08/08 |
A |
Ocean County |
Gunter, Laverne F |
02/08 |
5 |
Buena Vista Township |
Hannah, Diane |
03/07 |
A |
Passaic City |
Harper, Lenora |
01/08 |
2 |
Newark Housing Authority |
Hudak, Kathleen |
08/08 |
1 |
Jersey City Public Schools |
Jackson, Chyrelle Y |
02/08 |
1 |
Dept of Children & Families |
Jones, Andrea |
04/08 |
5 |
Paterson City |
Jones, Cheryl A |
07/08 |
1 |
Judiciary/Sussex County |
Kascik, M Sandra |
07/08 |
5 |
West Amwell Twp BOE |
Koegler, Kathleen J |
08/08 |
5 |
Pequannock Township |
Kolison, Stephen H |
02/08 |
5 |
Trenton City BOE |
Lane, Martin L |
04/08 |
5 |
Metuchen Boro BOE |
Lawshe, Edwina |
09/08 |
5 |
Judiciary/Burlington County |
Lea, Pamela J |
05/08 |
5 |
Trenton Psychiatric Hospital |
Magliocco, Denise A |
07/08 |
4 |
Gloucester Twp BOE |
Marshall, Debra |
07/08 |
5 |
Salem County |
Mendez, Aleida T |
07/08 |
5 |
Camden City BOE |
Metzgar, Donald |
09/08 |
5 |
Maple Shade BOE |
Mills-Planter, Laura C |
08/08 |
5 |
Vineland Developmental Center |
Moore, Yvonne |
01/08 |
5 |
Ocean Co Board of Health |
Mossop, Robert Allan |
04/08 |
5 |
Veterans Memorial Home |
Member's Name |
Effective Date |
Opt |
Employer |
Murawski, Raymond A |
01/09 |
2 |
Department of Human Services |
Murray, Mary F |
07/08 |
5 |
Keansburg Borough |
Olarte, Gildardo |
08/08 |
D |
Englewood City |
Patillo, Barbara A |
06/08 |
D |
Newark City |
Perez, Pura |
12/06 |
5 |
Camden City |
Piazzolla, Mario K |
06/08 |
D |
Rutgers University |
Pitera, Dominick Nichlos |
09/08 |
5 |
UMDNJ |
Powanda, Patricia J |
08/08 |
A |
Union County College |
Rada, Eileen |
08/08 |
A |
Piscataway Township |
Reed, Barbara G |
07/08 |
5 |
Div. of Medical Asst.& Health Service |
Roberts, Yvonne S |
08/08 |
5 |
Pemberton Township BOE |
Ronaghan, William |
07/08 |
B |
Cape May Co Special Services |
Russo, Carmelo |
07/08 |
5 |
Lawrence Twp BOE |
Salender, Carol A |
04/08 |
1 |
Treasury -Division of Revenue |
Slade, Robert H |
06/08 |
D |
Hudson County |
Sleeter, Hazel |
06/08 |
5 |
Gloucester Twp BOE |
Smith, Carlen |
05/08 |
5 |
Randolph Township BOE |
Smith, George Edward |
08/08 |
A |
Tabernacle Twp BOE |
Smith, Lisa |
07/08 |
5 |
Newark Public Schools |
Smith, Richard L |
05/08 |
5 |
Clifton City |
Spada, Kathy |
07/08 |
5 |
Paterson BOE |
Sprague, Richard |
07/08 |
A |
West Milford Township BOE |
Stay, Marie L |
07/08 |
5 |
Hunterdon Developmental Center |
Taussi, Ellen |
02/08 |
5 |
Fairfield Twp BOE |
Taylor, Fillis J |
04/08 |
5 |
Rutgers University |
Thoma, Ann P |
07/08 |
5 |
Gloucester Twp BOE |
Tighe, Carol |
06/08 |
5 |
Dept of Children And Families |
Vanness, Kenneth |
06/08 |
B |
Ocean County Vocational School |
Ward, Velma J |
12/07 |
1 |
Newark Public Schools |
Warwick, Debra A |
12/08 |
5 |
Burlington Co Institute Of Tech |
Washington-Brokaw, Sandra |
05/08 |
D |
Middlesex Co Bd of Social Services |
Webb, Waltha |
05/08 |
5 |
Camden Co Bd of Chosen Frhldrs |
Williams, Denise |
07/08 |
5 |
Middlesex County College |
Wright, Barbara A |
05/08 |
1 |
Dept of Children & Families |
Wright, Derek |
07/08 |
4 |
Jersey City Public Schools |
Zarbatany, Beatrice E |
08/08 |
5 |
Warren Co Special Services Sch Dist |
Total = 77
CLOSED SESSION
Accidental Disability
. |
MEMBER'S NAME AND NO. |
EMPLOYER |
EFFECTIVE DATE |
OPT |
ACCIDENT
DATE |
Decision |
E-1 |
Kane, Sharon
|
Institute of Technology |
6/08 |
5 |
12/1/04 |
Denied Accidental; Grant Ordinary |
E-2 |
Yaldon, Rachel
|
Mercer County Special Services |
2/08 |
5 |
9/3/05 |
Approved |
E-3 |
Rashid, Marie
|
Trenton Psychiatric Hosp |
9/08 |
5 |
6/29/04 |
Denied Accidental; Grant Ordinary |
E-4 |
Scanlon, Lisa
|
UMDNJ |
1/08 |
5 |
2/16/06 |
Denied Accidental; Only eligible for withdrawal (<10 years) |
E-5 |
Nebus, Robert
|
Middlesex County MUA |
3/08 |
D |
10/21/05 |
Denied Accidental; Grant Ordinary |
E-6 |
Leckel, Geraldine
|
Passaic County Community |
9/07 |
A |
8/30/06 |
Denied Accidental; Grant Ordinary |
E-7 |
Williams, Janice
|
Dept of Children & Families |
1/08 |
5 |
10/1/03
11/13/03 |
Denied Accidental; Offer Service |
E-8 |
Neal, Ivy
|
Asbury Park City |
3/02 |
5 |
7/98
thru
6/99 |
Reconsidered OAL case under Richardson/Patterson; Denied Accidental; Continue Ordinary; Continue in OAL |
E-9 |
Garcia, Ada
|
City of Newark |
9/07 |
5 |
9/26/05 |
Denied Accidental; Continue Ordinary |
E-10 |
Venable, Marvin
|
City of Newark |
8/07 |
5 |
1/30/07 |
Denied Accidental; Offer Deferred |
E-11 |
Price, William
|
Atlantic County |
3/08 |
A |
6/25/04 |
Approved |
E-12 |
Conacitis, Robert
|
Woodbridge Twp |
6/08 |
B |
1/18/02
3/30/07 |
Approved |
E-13 |
Hanani, Manal
|
DEP |
8/03 |
A |
7/25/02 |
Reconsidered Appellate Court case under Richardson/Paterson; Denied Accidental; Continue Ordinary; Remand to OAL |
E-14 |
Tavani, Steven
|
Camden County Board of Chosen Freeholders |
11/07 |
5 |
7/30/06 |
Denied Accidental; Offer Deferred |
|
OPEN SESSION
Retirement
Issues
|
F-1 |
Morgan, George - Passaic Valley Water Comm - Honorable Service – Partial Forfeiture; Forfeit service and salary from 1/1/06 through termination of employment (Vote: 6:2; Trustees Thomson and Beaver: Nae) (Retirement Bureau, Audit) |
F-2+ |
Rothenberg, Patricia - Camden County Bd of Chosen Freeholders - Issue of Bona fide retirement - Approved as bona fide retirement (Vote: 7:1; Trustee Winthers: Nae) |
F-3+ |
Wolfe, Joanne E - Kean University - Honorable Service - Deferred Retirement - Denied (dismissed for cause) |
F-4+ |
D'Altrui, Anthony - Borough of Sayreville - Honorable Service - Resubmission - Tabled pending adjudication of litigation |
F-5+ |
Chiappini, Marc - Juvenile Justice Comm/Community Program - Issue of bona fide retirement - Tabled for employment contracts (Trustee Berg recused.) |
F-6 |
Youssef, Soliman - NJ State Dept. of Health - Appeals pending of retirement application - Postponed until September meeting |
F-7 |
Burgess, Carolyn - East Orange City BOE - Honorable Service - Deferred Retirement - Approve pending administrative clarification of whether there is documentation that warrants further review of honorable service |
OPEN SESSION
Hearing
Decisions
| G-1 |
Cartagena, Hector - Rahway Valley Sewerage Authority - Initial Decision - ALJ affirmed the Board's denial of Accidental Disability - Affirmed ALJ decision |
| G-2 |
DiPaola, Philip - Mt. Holly Twp. BOE - Initial Decision - ALJ upheld the Board's decision denying Accidental Disability - Exceptions - Reply to exceptions - Affirmed ALJ decision; Noted exceptions; Noted Reply to exceptions |
| G-3 |
Crimaldi, Anthony - Western Monmouth Utilities Auth - Initial Decision - ALJ reversed the Board's decision and granted Accidental Disability effective January 1, 2003 under maximum option - Postponed until September meeting; DAG Requested extension to file exceptions |
| G-4 |
Francois, Michael - Economic Development Authority - Initial Decision - ALJ upheld the Board's decision denying denied service credit in PERS from May 2003 through December 2005 - Exceptions - Affirmed ALJ decision; Noted exceptions (Trustee Beaver recused.) |
| G-5 |
Joseph, Mary - VA-Paramus - Initial Decision - ALJ upheld the Board's decision and denied Accidental Disability - Affirmed ALJ decision |
| G-6 |
Williams, Kenneth - Dept. of Community Affairs - Final Administrative Determination - Approved |
| G-7 |
Peterson, James - Hawthorne Borough - Final Administrative Determination - Approved |
| G-8 |
Vergara, Angel - Morris County - Hearing Withdrawal - Noted |
| G-9 |
Custy, Barbara - Judiciary/Somerset County - Hearing Withdrawal - Noted |
| G-10 |
Catoggio, Anthony for Lois (dec’d) - Warren Township BOE - Initial Decision - ALJ upheld the Board's decision and concluded that Anthony Catoggio is not entitled to a surviving beneficiary‘s retirement allowance - Exceptions - Affirmed ALJ decision; Noted exceptions |
| G-11 |
Cascaes, Romeo - Freehold Township - Appellate Division Decision - Appellate Division affirmed the Board’s decision that Mr. Cascaes is ineligible for retirement benefits and requires the return of benefits paid to date - Noted (Retirement Bureau, Enrollment Bureau) |
| G-12 |
Davis, Marilyn - North Jersey Development Center - Hearing Withdrawal - Noted |
| G-13 |
Allen, Annette - Vineland Developmental Center - Hearing Withdrawal - Noted |
OPEN SESSION
Hearing
Requests
H-1 |
Major, Mickey - Monmouth County/Hall of Records - Appeals Board's denial of Accidental Disability - Approved |
H-2 |
Schweighardt, Martin - West Orange Township - Appeals Board's denial of Accidental Disability - Approved |
H-3 |
Bosnjakovic, Slavica - UMDNJ - Appeals Board's denial of Ordinary Disability - Approved |
H-4 |
Virnet, Richard - Newark City - Appeals Board's denial of Accidental Disability - Approved |
H-5 |
Smith, Bobbie Lynn - Marlboro Township BOE - Appeals Board's denial of Accidental Disability - Approved |
H-6 |
DePeri, John - Garfield City - Appeals Board's denial of Deferred Retirement due to removal for cause - Denied Reconsideration; Approved hearing |
H-7 |
Rudolph, Napoleon - Richard Stockton College of NJ - Appeals Board's denial of Accidental Disability - Approved |
H-8 |
Simon, Michael - Judiciary/Camden County - Appeals Board's denial of Accidental Disability - Approved |
H-9 |
Luciano, Ramon - Newark City - Appeals Board's denial of Accidental Disability - Approved |
H-10 |
Donnelly, Daniel - County of Somerset - Appeals denial of Accidental Disability - Approved |
Active
Membership Issues
J-1 |
Mitchell, Paul - OIT - Request to Purchase - Denied |
J-2 |
Scott, Maxine - Camden City BOE - Loan Issue - Denied |
Death Claim Issues
Informational
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 minutes for Thursday, June 19, 2008 meeting - Noted |
L-4 |
State Investment Council agenda for Thursday, July 17, 2008 meeting - Noted |
"+" Indicates personal
appearance
"=" Indicates
items not mailed
The next meeting
of the Board will be held on September 17, 2008.
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