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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

Service Early Veteran Deferred

Option Changes - none Special Totals



Called to Order: 10:07 a.m.

Adjourned: 1:50 p.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

K-1

None

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 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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Last Updated: February 27, 2008