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Pensions and Benefits
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
MARCH 17, 2010
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 2010 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 18, 2009.

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
Totals Adobe PDF (7K)


OPEN SESSION


Called to Order: 10:00 AM

Adjourned: 1:25 PM

Roll Call:

Leon Flanagan, John Lowden, Peter Maurer, Thomas Bruno, Christine Veliz, Fred Beaver


Absent: Ned Thomson, Suzanna Buriani-DeSantis and Ronald Winthers

Also Present: DAG Kellie Pushko; Kathleen Coates; Jackie Bussanich; Amy Mazzeo; Marylou Mayoros; Douglas Dinkler; Hank Schwedes; Jean Monahan; Ruth Winters; Janice Nelson; Wadia Alwan, Dina Alwan; Val Tarr; Louann Barnett; Mark Schwedes; Joseph Sharp; O. Gene Hurst, attorney; Frank Capece, attorney; Randall Visconti; Ronald Parrish; DAG Jeff Ignatowitz; John Hughes; Paul Scull, attorney; John Holl; Susanne Culliton; Mary Ellen Rathbun; Gregory McDaniel; Eugene Liss, attorney



OPEN SESSION

Minutes

Minutes for the February 17, 2010 meeting
Approved

Minutes from the meeting of February 25, 2010
Approved


OPEN SESSION

Miscellaneous Issues

B-1 Policy GC-13900 (PERS members)
Approved



OPEN SESSION

Retirement and Death Lists

C-1 Active and Retired Death Lists
Approved
C-2 Retirement List
Approved
C-3 Chapter 221
Approved


CLOSED SESSION

Ordinary Disability

 
MEMBER'S NAME
AND NO.
EMPLOYER
EFFECTIVE DATE
OPT
DECISION
D-1

Silvers, Rosina

Board of Chosen Freeholders
1/1/2010
5
Denied Ordinary, Offer Service
D-2 Rivera, Ramonita
Department of Children and Families
1/1/2010
5
Denied Ordinary, Offer Service
D-3 Rios, Blanca
Paterson Public Schools
11/1/2009
5
Involuntary Approved
D-4 Monthly OD Grid  
  
5
Approved (see list below
D-5 Gerena, Ana
Trenton City
2/1/2009
A
Reconsidered and Approved
Withdrawal from OAL
D-6 Younes, Nadia
Middlesex County
11/1/2009
D
Denied Ordinary, Offer Service

PERS Ordinary Disability Grid

Member's Name

Effective Date

Opt

Employer

Agbottah, Eileen

02/10

D

Mercer County

Alcott, Margaret T

02/10

C

Housing & Mortgage Finance Agency

Barber, Lois

12/09

5

Gloucester County Vocational Tech

Bergmiller, Bruce

01/10

2

New Milford BOE

Blackwell, David T

03/10

5

OIT

Bleasdale, Wayne C

02/10

5

Hamilton Township

Bonds, Darlene M

07/09

5

Plainfield BOE

Canning, Janice

11/09

5

Stratford BOE

Carver, Jean P

02/10

5

Springfield Township

Chabak, Mary E

01/10

5

Elizabeth BOE

Clugston, Harry

03/10

5

State Police Civilian Employees

Crawford, Barbara A

03/10

5

Vineland Developmental Center

Davitt, Mary

12/10

5

Burlington Co Bd Special Services

Delgado, Marta Iris

04/10

5

Woodbridge Developmental Center

Dolan, Martin C

11/09

5

Jersey City

Dougherty, Dennis

03/10

5

Passaic County Motor Vehicle

Enriquez, Anibal R

04/10

A

Essex County

Ford, Shirley L

12/09

5

Camden County Health Services

Foster, Wallace G

06/10

2

CPM

Francis, Thomas

11/09

C

Trenton Psychiatric Hospital

Gaffey, Ellen

02/10

D

Hudson County

Gaffney, Paulette A

04/10

1

Dept. of Health

Hansen, Andrew J

08/10

5

Cape May County

Henriquez, Donald J Jr

05/10

A

Passaic City

Hogan, Erin L

11/09

5

Albert C. Wagner Youth Corr Fac

Horner, Debra

03/10

5

Pemberton Township BOE

Irizarry, Mavelyn

02/10

5

Judiciary / Passaic County

Jackson, Frank R

09/10

C

State Police Civilian Employees

Jernegan, Ronald

04/10

A

Camden Co Bd of Chosen Freeholders

Johnson-Eason, Rosetta

02/10

5

Asbury Park City

Jones, Colleen

11/09

D

Elizabeth BOE

Kirk, Sandra

02/10

5

Pemberton Township

Kousoulos, Antonios G

11/09

5

Vets Memorial Home at Menlo Park

Kuren, Frances A

01/10

1

Passaic County

LaForte, Belinda D

02/10

D

Jersey City Housing Authority

Lane, Robert

07/10

5

Woodbridge Township BOE

Lansing, Linda A

03/10

5

Morristown Town

Layne, Barbara A

12/09

5

Rumson Boro BOE

Luna, Ruthe

04/10

C

Lodi BOE

Magga, Joseph M

01/10

5

West Windsor Plainsboro Regional

Marah, John F

01/10

A

Hagedorn Gero-Psych. Hospital

Member's Name

Effective Date

Opt

Employer

McAvoy, Susan E

09/09

D

Camden Co Bd of Chosen Freeholders

McClure, James R

03/10

A

Cape May County MUA

McCormack, Ruth

03/10

5

Rahway City BOE

Mernone, Warren C

07/10

A

West Windsor Plainsboro Regional

Montoya, Emilso

01/10

5

West New York Town

Myers, Cheryl Ann

09/09

A

County of Somerset

O’Brien, Mary E

06/10

A

Monmouth County Social Services

Parziale, Vincenzo

02/10

A

Corrections-Adult Diag & Treat

Quinones, Angel L

03/10

C

Atlantic City
Atlantic City BOE

Radak, Patricia L

02/10

5

Passaic BOE

Rivera, Maricel

12/09

5

Atlantic City

Rodriguez, Rene

05/10

A

West New York BOE

Rose, Catherine Elaine

01/10

5

Woodbridge Developmental Center

Schaeffer, David R

07/10

5

Salem County

Schwarz, Maryann C

02/10

1

Red Bank Regional H S District

Serrano, Myrna

03/10

5

Perth Amboy Housing Authority

Sherry, Anna

02/10

A

Ancora Psychiatric Hospital

Skeenes, James R

02/10

B

Hainesport Township BOE

Smallwood, Thomas D

02/10

5

Essex County

Street, Toni

12/09

1

Vineland Developmental Center

Taub, Leslie R

03/10

5

Mahway BOE

Thompson, Leonard

03/10

5

Ocean County

Tierney, Kathleen A

04/10

A

Bergen County

Tomicki, Mary L

01/10

5

Mercer County Special Services

Torres, Luis

10/09

5

Rutgers University

Vuz, Sybil

09/10

5

Wayne BOE

Wade, Kelly Ross

03/10

5

Rutgers University

Watkins, Gerald

04/10

1

Woodbine Developmental Center

Williams, Ellen

03/10

5

Department of Human Services

Wilson, Emily J

07/10

A

Pennsauken Twp BOE

Womack, Bobby J

04/09

1

Essex County

Yuncza, Kevin John

02/10

5

Dept of Children & Families

Total = 73


CLOSED SESSION

Accidental Disability 

 .   

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE DATE

OPT

ACCIDENT DATE

DECISION

E-1

Harris, Patricia
Greater Egg Harbor Regional
6/1/2009
5
4/3/2009
Denied Accidental Granted Ordinary
E-2 Spruill, William
Newark Public Schools
8/1/2009
5
8/1/2007
Denied Accidental Granted Ordinary

E-3

Lowenstein, David
South Jersey Transportation Authority
8/1/2009
5
1/17/2008
Denied Accidental Granted Ordinary
E-4 Poole, Kenneth
Passaic County
11/1/2009
A
10/26/2004
Denied Accidental, Offer Deferred
E-5 Sarasamma, Kidangil
Passaic County
2/1/2010
C
1/6/2009
Denied Accidental Granted Ordinary
E-6 Woodall, Talbert
Atlantic Co. Utilities Anthority
8/1/2009
A
5/29/2008
Approved

E-7

Kennedy, Andrew
City of Trenton
6/1/2009
B
4/16/2007
Approved
E-8 Sullivan, Linda
New Lisbon Developmental Center
8/1/2009
5
4/1/2008
Denied Accidental Granted Ordinary

E-9

Luciano, Ramon
City of Newark
10/1/2007
5
12/15/2004
Denied Accidental Granted Ordinary Continue in OAL on Accidental Disability
E-10
Schiess, George
Boro of Tenafly
12/1/2009
5
2/4/2009
Approved
E-11
Still, Everlon
City of Camden
10/1/2009
A
2/2/1996
7/28/1998
12/1/2004
Reconsidered and Denied Accidental; Grant Ordinary
E-12 Dimura, Tony
County of Somerset
2/1/2009
5
3/2/2007
Denied Accidental Granted Ordinary

E-13

Cole, Venetta
Camden County Health Serv. Center
8/1/2009
A
2/24/2008 5/19/2008
Denied Accidental, Withdrawal only (< 10 years)
E-14 Dougherty, Robert
Monroe Twp.
4/1/2010
5
10/21/2003 11/6/2006
9/27/2007
Denied Accidental, Withdrawal only (< 10 years)

E-15

Williams, Shelton
Camden City BOE
9/1/2009
5
1/4/2008
Denied Accidental Granted Ordinary
E-16 Grossmann, Karen
Livingston BOE
4/1/2010
5
3/17/2009
Denied Accidental Granted Ordinary
E-17 Johnson, Carolyn
Vineland Developmental Center
1/1/2010
5
1/3/2004
8/2/2005
Resubmission Denied Accidental, Withdrawal only
Not totally and permemently disabled from position of clerk typist, which was an ADA accommodation requested by member and provided by employer.
E-18 Alford, Tyrone
Department of Children and Families
7/1/2009
5
7/16/2008
Denied Accidental; Continue Early, which is higher benefit than OD); Continue in OAL
(Trustee Bruno abstained.)
E-19 Hazzard, David
Rowan University
11/1/2008
1
2/14/2005 2/21/2007
Denied Accidental, Withdrawal only (< 10 years); Continue in OAL
E-20 Capitano, Sharon
Woodbridge Township BOE
1/1/2008
5
9/22/2005
Denied Accidental Granted Ordinary Continue in OAL
E-21 Cook, Barry
East Orange County 1/1/2010 5
1/16/2009
Approved



OPEN SESSION

Retirement Issues

F-1+ Alwan, Wadia - Department of Education - a) Employment After Retirement - Issue of Bona fide Retirement
b) Extended Repayment
Not a bona fide retirement; Re-enroll; Repay overpayment; Tabled extended repayment for additional documentation (Retirement Bureau, Enrollment Bureau, External Audit)
F-2 Cioffi, Bernice - Jersey City - a) Employment after retirement
b) Hearing request
Cancel Retirement; Re-enroll; Repay overpayment; Approved Hearing Request (Retirement Bureau, Enrollment Bureau, External Audit)
F-3 Jennings, James - Vineland City BOE - Employment after
retirement
Continue retirement; waive repayment of overpayment (External Audit)
F-4 Upton, John - NJ Institute of Technology - REMOVED FOR
ADMINISTRATIVE REVIEW
F-5+ Sharp, Joseph - Union County - a) Member requests stay -
Denied
b) Employer request stay - Denied
F-6+ Visconti, Randall - NJ Turnpike Authority - Honorable Service Deferred
retirement
Denied filing for Deferred (removed for cause) (Trustee Lowden recused.)
F-7 Heineman, Paul - Lawrence Township - Honorable Service
Partial Forfeiture Forfeit service and salary from July 1, 1993 through termination of
employment (Retirement Bureau/Audit)
F-8+ McDaniel, Gregory - Mercer County Board of Social Services
Issue of Bona Fide Retirement
Approved and Waive repayment of overpayment (External Audit) (Trustee Veliz recused.)
F-9 Coari, Augustino - Hoboken City - a) Employment after retirement
b) Extended repayment schedule Cancel Retirement; Repay overpayment; Tabled extended repayment for additional documentation (Retirement Bureau/External Audit)
F-10 Schuckmann, Barbara -Livingston BOE - Employment after
retirement
Continue retirement; waive repayment of overpayment (External Audit)
F-11+ Parrish, Ronald - Riverfront State Prison - Honorable Service
Approved (no forfeiture)



OPEN SESSION

Hearing Decisions

G-1 Chiappini, Marc - Juv. Jus. Comm. - Initial Decision ALJ
determined that adjustments be made but only for a 38 day period that petition was
prematurely working; Exceptions; Reply to Exceptions
Modify to adopt factual finding with amplification; Reject legal conclusions; Note exceptions; Note reply to exceptions (Truste Lowden recused.)
G-2 O'Reilly, Thomas - Office of the Attorney General - Initial Decision
ALJ reversed the Board's decision and granted Mr. O'Reilly a Prosecutors Part pension
from October 2006; Exceptions
Rejected and Note exceptions
G-3 Wendruff, Irwin - Ocean County - Hearing Withdrawals
Noted
G-4 Agarwal, Asha - Livingston BOE - Hearing Withdrawals
Noted
G-5 Abdullah, Aszizudeen - Newark - Hearing Withdrawals
Noted
G-6 Joliceur, Nadege - Morris County - Hearing Withdrawals
Noted
G-7+ Pfannen, Kenneth - Rockleigh Borough - Settlement Proposal
Rejected settlement offer; Continue in OAL
G-8 Jackson, Patricella - Corrections- Adult Diag & Treat. - Initial Decision ALJ
upheld the Board's decision to dismiss
Adopted
G-9 Schweighardt, Martin -East Orange Parking Authority - Hearing Withdrawals
Noted
G-10 Ramos, Jussara - Paterson BOE - Hearing Withdrawals
Noted


OPEN SESSION

Hearing Requests

H-1

Hughes, John - Salem City BOE - a) Reconsideration
b) Hearing Request appealing the Board's decision requiring Mr. Hughes to reenroll in the
PERS retroactive to the date that he violated the statute, November 1, 2003
c) Stay
Denied reconsideration; Approved OAL Hearing; Denied request for a stay

H-2 Quinn, Ann - Woodbridge Township BOE - Appeals denial of
Accidental disability retirement benefits
Approved
H-3 Brooks, James - Willingboro Public Schools - Appeals the denial of Accidental
disability retirement benefits
Approved
H-4 Travers, Dorothea - Brokdale Community College - Appeals the Board's denial of Ordinary disability retirements benefits
Approved
H-5 Bryant, Wayne - UMDNJ - Appeals the Board's determination for a total
forfeiture due to dishonorable service
Approved
H-6 Thompson, Mark - County of Passaic - Appeals the Board's
denial of accidental disability retirement benefits
Approved
H-7 Coley, Nerissa - North Jersey Development Center - Appeals
the Board's denial of accidental disability retirement benefits
Approved



OPEN SESSION

Active Membership Issues

J-1+ Holl, John - Division of Criminal Justice - Request service credit in Pros Part of
PERS
Denied
J-2 Corino, Doreen - Wildwood Crest Borough - Enrollment eligibility; Request OAL
Hearing
Denied and Approved OAL Hearing



OPEN SESSION

Informational Issues

L-1 Appellate Division Decisions Jeffrey A. Seider vs. PFRS
Noted
L-2 Appellate Division Decisions Gregory Russo vs. PFRS
Noted
L-3 Common Pension Fund D as of December 31, 2009
Noted
L-4 Common Pension Fund A As of July 31, 2009
Noted
L-5 Common Pension Fund B As of July 31, 2009
Noted
L-6 Common Pension Fund B As of September 30, 2009
Noted
L-7 Common Pension Fund D As of December 31, 2009 Noted
L-8 Letter from PERS Board to Legislature on proposed pension reform. Noted
L-9 Wire Transfers PERS Contributory group insurance policy #13900 Noted
L-10 Wire Transfers Non-Contributory group insurance policy #14800 benefit claims Noted
L-11 Trial Balance for July 31, 2009 Noted
L-12 Wire Transfers Non-Contributory group insurance policy #14800 benefit claim Noted
L-13 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 April 21, 2010.

 
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