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PUBLIC EMPLOYEES' RETIREMENT SYSTEM
OCTOBER 15, 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
| Option Changes - none |
Special - none |
Totals |
| Called
to Order: |
10:07 a.m. |
| Roll Call: |
Leon Flanagan, John Lowden, Suzanna Buriani-DeSantis, Thomas Bruno, Jonathan Berg, Ned Thomson (arrived 10: 40 a.m.), Susanne Culliton (seated as Treasurer’s representative) |
| Absent: |
Ronald Winthers, Christine Veliz
|
| Also
Present: |
DAG Kellie Pushko; Kathleen Coates; Jackie Bussanich; Marylou Mayoros; Jean Monahan; Hank Schwedes; Mike Czyzyk; Amy Mazzeo; Mark Schwedes; Luann Barnett; Joe Zisa; Virginia Martucci; Oren Orr; William Doggett; Frederick Kalma, attorney; Julius Ramsey, NAACP; Daniel Zirrith, attorney; Gail Cookson
|
OPEN SESSION
Minutes
Minutes from the meeting of September 17, 2008 - Approved (Trustee Culliton abstained)
Finance
A-1 |
Common Pension Fund E as of April 30, 2008 - Approved |
A-2 |
Common Pension Fund A as of August 31, 2008 - Approved |
A-3 |
Common Pension Fund D as of July 31, 2008 - Approved |
A-4 |
Common Pension Fund E as of May 31, 2008 - Approved |
Miscellaneous
Issues
B-1 |
DAG Advice - Authority of Board to resolve contested return to employment matters arising under N.J.S.A. 43:15A-57.2 - Noted |
Retirement and Death Lists
C-1 |
Active and Retired Death Lists - Approved |
| C-2 |
Return to Employment - Approved |
| C-3 |
Chapter 221 - Approved |
| C-4 |
Retirement List - Approved |
CLOSED SESSION
Ordinary Disability
. |
MEMBER'S NAME AND NO. |
EMPLOYER |
EFFECTIVE DATE |
OPT |
DECISION |
D-1 |
Farmer, Juanita
|
New Lisbon Develop Center |
5/08 |
5 |
Approved |
D-2 |
Trevino, Jerri
|
South Wood Prison |
8/08 |
5 |
Denied; Offer Deferred |
D-3 |
Shock, Anna
|
County of Hudson |
7/08 |
5 |
Denied; Offer Deffered |
D-4 |
Endress, Matilda
|
Mt. Holly Board of Chosen Freeholders |
9/07 |
5 |
Approved |
D-5 |
Zuppa, Lucy
|
Jersey City Public Schools |
2/08 |
5 |
Approved; Currently collecting service |
D-6 |
Rodriguez, Andres
|
Township of Franklin |
2/08 |
2 |
Approved |
D-7 |
Sperling, Edward
|
County of Morris |
7/08 |
C |
Denied; continue collecting service |
D-8 |
OD Monthly Grid w/Supplement |
. |
. |
. |
Approved (see below list)
Note: Juan Rodriguez - deceased |
PERS Ordinary Disability Grid |
Member's Name |
Effective Date |
Opt |
Employer |
Alvarado, Norma |
07/08 |
5 |
Newark Public Schools |
Bailey, Tanya R |
09/08 |
1 |
Paterson City |
Bastek, Bernard |
10/08 |
5 |
Ocean County |
Bennett, May K |
10/08 |
A |
West Windsor Plainsboro Regional |
Best, Mary |
07/08 |
5 |
UMDNJ |
Bird, Ricky A |
06/08 |
5 |
Dept of Children & Families |
Bryan, Patricia E |
10/08 |
5 |
Hagedorn Gero-Psych Hospital |
Cafferata, Heather |
06/08 |
5 |
Hopatcong Borough |
Carey, Ellen J |
10/08 |
5 |
Judiciary/Middlesex County |
Carhart, Walter J |
06/08 |
A |
Atlantic City MUA |
Clark, Richard C Jr |
12/08 |
5 |
Camden Co Bd of Chosen Freeholders |
Compitello, William |
12/08 |
5 |
North Bergen BOE |
Connor, Joseph L |
09/08 |
D |
Atlantic City |
Davis, Michael W |
06/08 |
1 |
UMDNJ |
Decraene, Robert V |
02/08 |
B |
Hazlet Township |
Devereux, Timothy |
09/08 |
5 |
Manasquan Borough |
Diiura, Antonietta |
05/08 |
5 |
West Orange Township |
Du Bois, Barbara A |
03/09 |
5 |
Judiciary/Atlantic County |
Felder, Daniel |
07/08 |
B |
Jersey City Housing Authority |
Gallner, Mary |
09/08 |
2 |
Woodbine Developmental |
Gamba, Donald P |
07/08 |
5 |
Woodbridge Township |
Genovesi, Grace |
04/09 |
D |
Judiciary |
Gerardi, Michael A |
09/08 |
5 |
Bergen County |
Graham, Harold |
09/08 |
5 |
Fredon Township |
Hamilton, Rosanne |
04/08 |
5 |
Trenton Psychiatric Hospital |
Harmon, June F |
01/09 |
5 |
Burlington City BOE |
Heath, Gary S |
07/08 |
A |
Deptford Township |
Hill, Levon |
01/09 |
1 |
Ancora Psychiatric Hospital |
Ivy, Alicia |
11/08 |
5 |
Passaic County |
Jandoli, Robert A |
10/07 |
A |
Orange City |
Kelsey, Wendy L |
06/08 |
5 |
Judiciary/Morris County |
Knapp, Donald E |
07/08 |
A |
Hazlet Twp BOE |
Lipovsky, Carolyn |
10/08 |
5 |
Hagedorn Gero-Psych Hospital |
Mauger, Mary A |
09/08 |
5 |
Gloucester Twp BOE |
Melucci, Rosemary |
06/08 |
C |
Carlstadt-E. Rutherford BOE |
Morley, Jeffrey |
09/08 |
5 |
Burlington County Bridge Comm |
Mount, Betty Rose |
11/08 |
5 |
Brick Twp BOE |
Mross, Helmut |
10/08 |
B |
Hudson County |
Murphy, James F |
08/08 |
5 |
Hudson County |
Negron, Hazel M |
08/08 |
5 |
MVC-Shared Services |
Member's Name |
Effective Date |
Opt |
Employer |
Nester, Maryann |
09/08 |
B |
Lawrence Township |
Nigro, Nicholas |
10/08 |
B |
Somerset Co Vocational School |
Orouke, Beverly G |
02/09 |
5 |
Holmdel Township |
Pabon, Enrique |
08/08 |
5 |
Atlantic County |
Patierno, Elinor C |
10/08 |
5 |
Glen Ridge BOE |
Petrone, Candace E |
06/08 |
5 |
Dept of Children & Families |
Presti, Mark R |
12/08 |
C |
Bergen County |
Rauchbach, Eric |
10/08 |
5 |
East Jersey State Prison |
Reilly, Denise M |
08/08 |
5 |
Vocational Rehabilitation Comm |
Reyes, Elisa M |
08/08 |
5 |
Judiciary/Somerset County |
Rodriguez, Juan J
(deceased 10/5/08) |
06/08 |
C |
Montclair State University |
Ruggeri, Michael |
07/08 |
D |
Ancora Psychiatric Hospital |
Sikora, Paul A |
03/08 |
5 |
Atlantic County |
Skillman, Gerald A |
11/08 |
4 |
Monroe Township |
Slaughter, Marc |
06/08 |
A |
Paterson Housing Authority |
Smith, Cheryl L |
09/08 |
D |
Dept. of Health |
Smolko, Richard |
08/08 |
B |
Morristown Town |
Spicuzza, Joseph |
10/08 |
5 |
Department of Labor |
Srahola, Linda A |
06/08 |
5 |
MVC-Shared Services |
Truesdell, Valorie |
04/08 |
5 |
DEPE - Office of the Commissioner |
Tyger, Mary L |
08/08 |
5 |
Robbinsville Township |
Vazquez, Abigail |
07/08 |
5 |
Morris County |
Washington, Phylis |
07/08 |
5 |
Jersey City Public Schools |
Whelan, Gerard J |
09/08 |
D |
Middletown Twp Sewerage Auth |
Wiggins, Billy Ray |
12/07 |
5 |
North Brunswick Township |
Williams, Stanley J |
08/08 |
C |
Dept. of Agriculture |
Wilmore, Bernice |
12/08 |
D |
Union Twp BOE |
Total = 67 |
CLOSED SESSION
Accidental Disability
|
MEMBER'S NAME AND NO. |
EMPLOYER |
EFFECTIVE DATE |
OPT |
ACCIDENT
DATE |
Decision |
E-1 |
Drass, Charles
|
Cherry Hill Fire Dist #13 |
3/08 |
A |
7/15/04 |
Denied Accidental; Continue collecting Ordinary |
E-2 |
Byrd, Edward
|
Newark Public Schools |
2/08 |
1 |
6/20/07 |
Approved |
E-3 |
Geffen, Daniel
|
Middlesex County College |
9/08 |
A |
4/21/07 |
Approved |
E-4 |
Hamilton, Tyrone
|
Union County |
5/07 |
5 |
5/10/03 |
Denied Accidental; Grant Ordinary |
E-5 |
Graves, Reginald
|
City of Trenton |
7/08 |
5 |
10/15/07 |
Denied Accidental; Offer Service |
E-6 |
Sullivan, Kenneth
|
William Paterson University |
5/08 |
5 |
8/15/04
12/16/04
6/20/05
5/30/07
9/13/07
11/27/07
12/07/07
1/18/08
1/24/08
2/8/08 |
Denied Accidental; Only eligible for withdrawal (less than 10 years) |
E-7 |
Allen, Dedra
|
Shore Regional High School |
3/08 |
1 |
5/15/06 |
Approved |
E-8 |
Ziemkowska, Iwona
|
Jersey City Public Schools |
9/08 |
5 |
11/14/06 |
Approved |
E-9 |
Grimaldi, Robert
|
Township of Old Bridge |
8/02 |
5 |
8/28/01 |
Reconsidered OAL Case; Denied Accidental; Continue Ordinary; Continue in OAL |
E-10 |
Cooksey, Robert
|
Township of Pennsville |
6/08 |
2 |
11/1/07 |
Denied Accidental; Grant Ordinary |
E-11 |
Roper, Carolyn
|
Cape May County Special Services |
11/08 |
5 |
7/22/04 |
Approved |
E-12 |
McCue, John
|
Boro of Fair Haven |
8/08 |
5 |
12/17/04 |
Approved |
E-13 |
Johnson, Louisette
|
Judiciary |
11/07 |
5 |
4/9/07 |
Denied Accidental; Grant Ordinary |
|
. |
MEMBER'S NAME AND NO. |
EMPLOYER |
EFFECTIVE DATE |
OPT |
ACCIDENT
DATE |
Decision |
E-14 |
Muns, Robert
|
Bergen Co Bd of Special Services |
11/08 |
D |
8/3/06 |
Approved |
E-15 |
Hall, Eric
|
Judiciary |
12/08 |
5 |
4/28/03
11/2/06 |
Denied Accidental; Offer Deferred |
E-16 |
Marin, Bernadette
|
Dept of Health |
2/08 |
4 |
4/11/07 |
Denied Accidental; Grant Ordinary |
E-17 |
Massie, Diane
|
Hunterdon Developmental Center |
9/08 |
5 |
1/10/07 |
Denied Accidental; Reaffirm Grant Ordinary |
OPEN SESSION
Retirement
Issues
|
F-1+ |
Orr, Oren - Newark Housing Authority
a) Issue of Bona fide retirement - Denied; Re-enroll retroactive to 7/99
b) Repayment schedule - Approve 10 year repayment schedule; Assign life insurance benefits
(Retirement Bureau, External Audit, Enrollment Bureau, Beneficiary Services) |
F-2 |
Don, Berek - Bergen Co. Vocational School - Honorable Service - Partial Forfeiture; Forfeit 18% of Final Average Salary (Retirement Bureau) |
F-3 |
Palughi, Anthony - Monmouth County Bd of Chosen Freeholders - Honorable Service - Partial Forfeiture; Forfeit Service and Salary from March 1, 2004 to termination; Apply prospectively (Retirement Bureau) |
F-4+ |
Doggett, William - Monmouth County/Hall of Records - Honorable Service – No Forfeiture |
F-5+ |
Pfannen, Kenneth - Issue of Bona fide retirement - Denied; Re-enroll through all covered locations beginning July 1997; Approved 10 year repayment schedule; Approved OAL Hearing (Retirement Bureau, External Audit, Enrollment Bureau) |
OPEN SESSION
Hearing
Decisions
| G-1 |
Crimaldi, Anthony - Western Monmouth Utility Auth - Initial Decision - ALJ reversed the Board's decision and granted Accidental disability retirement benefits effective January 1, 2003 under Maximum Option - Exceptions filed by DAG - Adopted ALJ decision with modifications; Affirm approval of Accidental Disability (Retirement Bureau, Financial Services) |
| G-2 |
Sowinski, Josephine - Bergen County Special Services - Initial Decision ALJ
upheld the Board's decision and granted Ordinary disability effective e April 1, 2004 under Option C - Request to Postpone - Approved postponement |
| G-3 |
Reed, Thomas - Sussex County - Final Administrative Determinations - Approved |
OPEN SESSION
Hearing
Requests
H-1 |
Mitchell, Paul - Office of Information Technology - Appeals Board's denial of to purchase service based on the June 22, 2007 rate - Approved |
H-2 |
Nyema, Josephus - Mercer County - Appeals Board's denial of Accidental
Disability - Approved |
H-3 |
Tomesko, Carolyn - Pompton Lakes BOE - Appeals Board's denial of Ordinary Disability - Approved |
Active
Membership Issues
J-1+ |
Cookson, Gail - Division of Law - Request for reactivation of PERS account - Denied (Trustee Buriani-DeSantis abstained) |
J-2 |
Sickler, Richard - Keyport Borough - Request for third loan - Denied |
Death Claim Issues
K-1 |
Clegg, Linda - Dover MUA - Accidental Death - Denied
|
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 |
Proposed 2009 Annual Dates of Meetings - Noted with suggested changes for November 2009 date |
"+" Indicates personal
appearance
"=" Indicates
items not mailed
The next meeting
of the Board will be held on November 12, 2008.
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