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Pensions and Benefits
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
MARCH 19, 2014
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 2014 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 12, 2013.

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: 10:08 AM

Adjourned: 12:55 PM

Roll Call:

Thomas Bruno, Leon Flanagan, Ronald Winthers, Peter Maurer; Benjamin Hurst; Ned
Thomson; William O'Brien (arrived at 10:30); Suzanna Buriani-DeSantis (arrived at
10:30); Susanne Culliton


Absent: None

Also Present: DAG Robert Kelly; Hank Schwedes; Jackie Bussanich; Amy Cerovsky; Michael Weik;
Mike Czyzyk; Sunanda Rana; Sue Grant; Kristin Bell; Mark Greenfield; Val McManus;
Mary Ellen Rathbun; Tim McMullen; Kristina Garrett; Lanita DiMondi; John Feeley,
attorney; Cameshia Caldwell; Samuel Gaylord, attorney; Anthony Boffa; Joseph
Ferrante, attorney; Andrew Brewer, attorney for Millburn Township; Alexander
McDonald; John Bace, Jr.; Carlos Salgado; Condance Salgado; Martin Ryan; Matthew
Vance, attorney; Stuart Ball, attorney; DAG Danielle Schimmel



OPEN SESSION

Minutes

Minutes from the meeting of February 19, 2014
Approved (Trustees Flanagan and Hurst abstained)

Minutes from the meeting of March 6, 2014
Approved (Trustees Maurer and Flanagan abstained.)


OPEN SESSION

Miscellaneous Issues

B-1+

Policy G-14800-2 (Formerly 13900-1) PERS Contributory Group Life Plan for policy year July 1, 2012 through June 30, 2013
Approved



OPEN SESSION

Retirement and Death Lists

C-1
Active and Retired Death Lists for March 3, 2014
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 LaPira, Joseph
City of Linden
8/1/2010
5
Reconsidered and Denied Ordinary
(off payroll over 2 years); Continue
in OAL
D-2 Richardson, Michael
Rahway City BOE
12/1/2013
5
Denied Ordinary, Offer Deferred
D-3 Nieves, Evelin
Passaic County
9/1/2012
5
Reconsidered and Approved
Ordinary; Withdraw from OAL
D-4 Zammit, Susan Marie
New Lisbon
Developmental
Center
2/1/2009
D
Reinstatement Approved
D-5 Love, Marie
Verona BOE
9/1/2013
5
Approved (off payroll over 2 years)
D-6 Montelpare, James
Evesham Township
1/1/2014
A
Tabled for IME
D-7 McCarthy, Mary
Capt May City
12/1/2012
5
Denied Ordinary, Offer Deferred
D-8 Clark, Carol
Bridgeton BOE
12/1/2013
1
Denied Ordinary, Offer Service
D-9 Liriano, Rafael
Pallisades interstate
Park Comm
4/1/2010
5
Reconsidered and Approved
Ordinary; Withdraw from OAL
D-10 McLaren, Eunice
North Jersey
Development Center
1/1/2014
3
Denied Ordinary, Offer Service
D-11 Capella, Raymond
Rutgers University
7/1/2014
5
Denied Ordinary, Offer Deferred
D-12 Monthly OD Grid       Approved (see list below)
D-13 Garrett, Kristina
Passaic County
7/1/2014
5
Denied Ordinary, Offer Deferred
D-14 Brooks, Leon
Rutgers University
9/1/2013
5
Denied Ordinary, Offer Deferred
D-15 Britton, Male
 
  
 
SEE E-11
D-16 McGrory, Kathy
Rutgers University
6/1/2013
D
Denied Ordinary, Offer Deferred (off
payroll over 2 years)
D-17 Suiter, Sandra
Jackson Twp.
10/1/2013
5
Denied Ordinary, Offer Deferred

ORDINARY DISABILITY APPROVALS

Member's Name

Effective Date

Opt

Employer

Baez, Felicia Renee

01/14

5

Woodbine Developmental Center

Bankston, Joann

10/13

C

Newark Housing Authority

Barlow-Henry, Cressie M

12/13

A

Training & Employment Services

Batie, Elaine

12/13

5

Dept of Corrections

Bello, Sharon L

07/14

5

Cumberland Co Board of Social Service

Benitez, Isabel

09/13

5

Paterson BOE

Benjamin, Christine

04/14

1

New Jersey City University

Boyle, Natalie Jane

11/13

5

Unemployment Insurance & Disability

Brooks-Smith, Kia R

05/14

5

Treasury - Division of Revenue

Buscemi, Geraldine M

05/14

5

South Woods Prison - Dept. of Cor

Cestaro, Margaret A

08/14

5

Jersey City Public Schools

Connelly, William Jr

09/12

5

Hackensack City

Conner, Susan A

07/14

B

Pequannock Twp BOE

Constantine, Jacqueline

11/13

5

Egg Harbor Township

Costine, Barbara J

08/14

A

Westfield Town BOE

Davis, Carol A

04/14

5

Dept of Corrections

Dawson, Naomi

05/14

5

Jersey City Public Schools

Dematte, Dennis J Jr

01/14

C

Cumberland County  Improvement Auth

Fisher, Virginia

02/14

5

Gloucester County

Garton, Sherri L

04/14

A

Camden City

Goldman, F Richard

07/14

5

Ocean Twp BOE (Monmouth)

Hamidy, Debra

01/14

5

Judiciary/Cumberland County

Hoffman, Alan

04/14

B

Dept of Banking & Insurance

Kelly, Bonnie J

05/13

D

Burlington County

Laufer, Joseph M

02/14

A

Burlington County
Lenape Regional HS District
Southampton Township

Lynch, Gail L

12/13

1

Union County

Maier, Janet M

02/14

5

Woodbridge Township BOE

Manns, Marva L

11/13

5

Newark Public Schools

Marte, Dilenia

04/13

5

Rutgers University

Martinez, Zunilda Z

11/13

5

Kean University

McQuade, Ronald S

03/14

A

Atlantic County Special Services

Meadows, Demetria

01/14

C

Greystone Park Psych Hospital

Mendoza, Julio C

04/14

B

Passaic County

Mertz, Renee V

04/14

C

Gloucester Township

Orland, Diantha Catherine

06/14

5

State Police Civilian Employees

Porto, Donna M

12/13

5

Holmdel Township BOE

Puzzo, Rocco J

08/13

5

Passaic City

Roberts, Crystal L

01/14

A

Atlantic City BOE

Rodriguez, Ana

10/13

5

Union Co Board of Social Services

Rudnick, Michael J

06/14

D

Mercer County

Siciliano, Eleanor H

04/14

5

Camden Co Health Services Center

Wiedman, Richard A

10/13

A

Denville Twp BOE

Wilson, George S

03/14

C

Gloucester County

Woltman, K Joyce

11/13

5

Motor Vehicle Commission

Zoppi, Leeann

01/14

5

Wayne BOE

Total = 45


 




CLOSED SESSION

Accidental Disability 

 

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE
DATE

OPT

ACCIDENT
DATE

DECISION

E-1

Ibrahim, Thouria
Dept of Children &
Families
10/1/2013
2
12/17/2009
2/27/2012
Denied Accidental Granted Ordinary
(TP but not related to incidents (preexisting)
E-2 Anello, Marion
Hagedorn Gero-Psych Hospital
2/1/2013
5
5/17/2008
10/20/2011
Denied Accidental Granted Ordinary
(TP, but not related to incidents)

E-3

Bonner, George
Trenton City
11/1/2013
A
2/17/2010
Approved on 2/17/10
E-4 Dimondi, Lanita
Union County
11/1/2013
B
5/16/2012
Denied Accidental, Withdrawal only

E-5

Rankovich, Danka
Juv. Jus. Comm/Community Prog.
12/1/2013
5
3/17/2010
Approved
E-6 Parker, William
South Woods Prison-Dept. of Cor
7/1/2013
5
5/21/2012
Approved

E-7

Dotts, Robert
Middletown Twp. BOE
8/1/2013
5
6/2/2011
Denied Accidental, Withdrawal only (less than 10 years)
E-8 Elliott, George
South Brunswick BOE
2/1/2013 B
9/20/2007
a) Accidental Disability- Denied
b) Honorable Service - Dismissed for cause; Not eligible for Deferred

E-9

Wahler, Kenneth
Woodbine
Developmental Center
6/1/2013 5
6/6/2012
Denied Accidental Granted Ordinary
E-10 Metzdorf, Thomas
Bergen County
5/1/2014 5
11/27/2012
Approved

E-11

Britton, Male
Atlantic City
2/1/2014
5
2/12/2013
Approved



OPEN SESSION

Retirement Issues

F-1+ Caldwell (deceased), Sharon - Department of Labor - Honorable Service
Total Forfeiture under NJSA 43:1-3.1(2) (Retirement Bureau)
F-2+ Boffa, Anthony - Millburn Township - Honorable Service
Partial Forfeiture of service and salary; Forfeit from January 1, 2012 through termination of
employment; Eligible for Deferred Retirement (Retirement Bureau)
F-3+ Salgado, Carlos - Rutgers University - Issue of bona fide retirement
Non bona fide Retirement; Cancel Retirement; Re-enroll; Repay overpayment of retirement
benefits (Retirements, Enrollments, External Audit)
F-4 Reve, Leonard - Hudson County - Honorable Service
Partial Forfeiture of service and salary; Forfeit from January 1, 2011 through termination of
employment (Retirement Bureau)
   

OPEN SESSION


Hearing Decisions

G-1 Jones, Robert - Regional Operation South - Initial Decision ALJ reversed the Board's decision and granted Accidental Disability retirement benefits effective June 1, 2012;
Exceptions
Adopted the ALJ decision with corrections as noted in exceptions (Retirements)
G-2+ Williams, Wayne - Essex County - Initial Decision ALJ reversed the Board's decision thereby approving creditable compensation for certain salary increases in a settelment agreement; Exceptions; Reply to Exceptions
Rejected ALJ decision; Reaffirm Board original decision; Noted exceptions; Note reply to exceptions (DAG Schimmel counselled the Board. DAG Kelly recused from the matter.)
G-3 Joyner, Courtney - Newark City - Initial Decision ALJ upheld the Board's denial of Accidental Disability retirement benefits (Beyond 45 days-Final Decision)
Noted
G-4 Hargrove, Louise - Dept of Children & Families - Initial Decision ALJ upheld the Board's decision denying Ordinary Disability retirement benefits
Adopted ALJ Decision
G-5 Johnson, Carrie - Department of Corrections - Initial Decision ALJ upheld the Board's decision to forfeit salary & service from January 1, 2005 through termination of employment due to dishonorable service
Adopted ALJ decision
G-6 Newcomb, Joseph - Camden County College - Hearing Withdrawals
Noted
G-7 Conway, Craig - Department of Corrections - Hearing
Withdrawals
Noted
G-8 O'Hagan, Deborah - Montclair BOE - Initial Decision ALJ upheld the Board's decision which denied Ordinary Disability retirement benefits; Exceptions
Adopted ALJ decision; Noted Exceptions
G-9 Zagorski, William - Union County College - Initial Decision ALJ reversed the
Board's decision to require the petitioner to repay the PERS in the amount of $85,411.41
and re-enroll into the PERS and pay $5,002.27 in back deductions for missed contributions;
Exceptions; Reply to Exceptions
Modified ALJ decision; Adopted conclulsion that retirement was not bona fide; Rejected
conclusion that he is not subject to reenrollment and the requirement to make repayments;
Noted exceptions; Noted reply to exceptions
G-10 Kelly, Meredith - Community College - Initial Decision ALJ upheld the Board's denial of Ordinary Disability retirement benefits - Request to postpone to file exceptions
Tabled
G-11 Gregorio, Nancy - Union Co Educ Serv Commission - Final Administrative Determinations
Approved
G-12 Capitano, Sharon - Woodbine Township BOE - Request to remand to OAL
Approved
   

OPEN SESSION


Hearing Requests

H-1 Verhage, Scott - Wayne BOE - Appeals the Board's denial of Accidental Disability retirement beneifts
Approved
H-2 Callahan, John - Woodbine Developmental Center - Appeals the Board's denial of Accidental Disability retirement benefits
Approved
H-3 Arnold, Jeffrey - Ancora Psychiatric Hospital - Appeals the Board's denial of Ordinary Disability retirement beneifts
Approved
H-4 Currie, Jo Ann - Manchester Township BOE - Appeals the Board's denial of retroactive Service effective date
Denied
H-5 Moss, Marissa - Trenton Psychiatric Hospital - Appeals the Board's denial of Accidental Disability retirement benefits
Approved
H-6 Hill-George, Carol - NJ Vet Men Home At Menlo Park - Appeals the Board's denial of Ordinary Disability retirement benefits
Approved
H-7 Turner, Tina - Woodbine Developmental Center - Appeals the Board's denial of Ordinary Disability retirement benefits
Approved
H-8 Carroll, James - Bergen County - Appeals the Board's denial of pension credit for back pay award
Denied
H-9 Randolph, Nancy - New Lisbon Developmental Center - Appeals the Board's denial of Ordinary Disability retirement benefits
Approved
H-10 Petit-Clair, Alfred - Perth Amboy City - Appeals the Board's denial of PERS memebership after January 1, 2008 pursuant to Chapter 92
Approved
   



OPEN SESSION

Active Membership Issues

  None
   

OPEN SESSION

Death Claim Issues

  None
   

OPEN SESSION

Informational Issues

L-1 Appellate Division Decisions George Politza vs. PFRS
Noted
L-2 Settlement agreement
Noted
L-3 Common Pension Fund A as of January 31, 2014
Noted
L-4 Common Pension Fund D as of January 31, 2014
Noted
L-5 Common Pension Fund E as of January 31, 2014
Noted
L-6 Common Pension Fund B as of January 31, 2014
Noted
L-7 Wire Transfers PERS Contributory group insurance policy #13900
Noted
L-8 Wire Transfers Non-Contributory group insurance policy #14800 benefit claims
Noted
L-9 Trial Balance for January 31, 2014
Noted
   

"+" Indicates personal appearance
"=" Indicates items not mailed

The next meeting of the Board will be held on April 16, 2014.

 
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