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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

Service Early Veteran Deferred

Option Changes - none Special Totals



Called to Order: 10:05 a.m.

Adjourned: 2:00 p.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

K-1

None

Informational 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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Last Updated: March 20, 2008