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Pensions and Benefits
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
MARCH 16, 2016
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 2016 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on December 21, 2015.

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 (20K)


OPEN SESSION


Called to Order: 10:10 AM

Adjourned: 3:50 PM

Roll Call:

Tom Bruno, Susanne Culliton, Benjamin Hurst, Ronald Winthers, Carey Brown,
William O'Brien, Brian Currie, Tracy Smith, Ned Thomson (left at 1:30)


Absent: None

Also Present: Jackie Bussanich; Sharon Barnes; DAG Robert Kelly; Tim McMullen; Valerie
McManus; Amy Cervosky; Cheryl Chianese; Marc Greenfield; Edward Dinatale; Mary
Ellen Rathbun; Donna Walton; Alice Smith; Jaysahn Veal; Richard Bowman; Jessica
Kirkland; Sukhbir Hundal; Sharon Fenstermacher; Kara Ansley; Matthew Hofgesang;
Wolodymyr Tyshchenko, attorney; Sue Grant; Marsha Lau; Carrie Johnson; Steven
Bosin, attorney; Trooper Walther; Sarah Favinger; Carol Mutterperl; Carl Billek,
attorney; Brian Murphy; Patrick Healy; Hank Schwedes



OPEN SESSION

Minutes

Minutes from the meeting of February 17, 2016
Approved


OPEN SESSION

Miscellaneous Issues

B-1+

Policy G-14800-2 (Formerly 13900-1) (Members of PERS)
Approved

B-2 State Investment Council Representative
Tom Bruno designated to SIC representative March 16, 2016 through June 30, 2017


OPEN SESSION

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 Spaziani, Lois
Greystone Park Psych
Hospital
10/1/2013 A Reconsidered and Denied Ordinary;
Continue in OAL
D-2 Wojtaszek, Krystyna
Passaic County 8/1/2015 D Denied Ordinary, Offer Service
D-3 Londono, Ruben
Randolph Twp. BOE 6/1/2015 5 Approved
D-4 Monthly OD Grid       Approved; Note Matthew Davis
(deceased)
(see list below)

ORDINARY DISABILITY APPROVALS

Member's Name

Effective Date

Opt

Employer

Akbar, Qasim K

08/15

5

Irvington Township

Anaya, Frank

01/16

A

Atlantic County

Armstrong, Earl C

10/15

5

Juv. Jus. Comm.

Atshan, Omar K

01/16

5

Greenbrook Regional Center

Bate, William E

03/16

5

Department of Labor

Bleakley, Kenneth B

12/15

5

Ewing Township

Booker, Dorothy L

11/15

5

Hospital Attendant

Borchester, Katrina R

10/15

C

Transportation Systems Planning

Boroughs, Josephine M

05/15

5

Fair Lawn Borough

Bryant, Raymond E

04/16

5

Hudson Co Schools

Carson, Rosanne L

12/15

5

Rutgers University

Carter, Marilyn

10/15

A

Dept. of Children And Families

Childs, Lafrance

10/15

5

Vineland Developmental Center

Coleman, Carol

05/15

5

Division Of Law

Conlan, James

12/15

5

Roxbury Twp.  BOE

Crooms, Terrance

11/15

5

Hudson County

Csik, David J

10/15

5

NJ Turnpike Authority

Curley, Kathleen

03/16

1

Long BOE

*Davis, Matthew

04/16

A

New Jersey State Prison

Delellis, Estelle

09/16

5

Cherry Hill Twp. BOE

Elsey, Prentice B

11/15

2

Woodbine Developmental Center

Fletcher, Marilyn

09/15

5

Department of Education

Ford, Caroline

06/16

5

Ocean City BOE

Franklin, Rhonda C

11/15

5

Green Brook Regional Center

Galante, Benedict J

03/16

A

Belleville Twp.

Garrett, Melvin A

01/16

5

State Police Civilian 

Grooms, Armelia L

11/15

5

East Orange City

Hammer, Melanie A

04/16

5

Wood-Ridge Borough

Henry, Ruddy

05/15

5

Passaic County

Hernandez, Leonardo

08/15

5

Passaic BOE.

Hernandez, Zoila G

03/16

A

Union City BOE

Hicks, Sonya

09/15

5

New Lisbon Dev. Ctr.

Kerwood, Deborah E

12/15

5

Unemployment Ins & Disability

Kollar, Vincent D

03/16

5

Forensic Psychiatric Hospital

Lazo, Sandra

08/14

5

Morris-Union Jointure Comm.

Luciano, Joseph G

04/16

5

Linden City

Marchitto, Michael J Jr

01/16

D

Voorhees Township

McDonough, Tonette M

01/16

A

Cherry Hill Twp. BOE

McGonigle, Jean-Ann

07/15

A

Regional Operations Central

McKinley, Lisa K

11/15

5

Linden City

Meighan, Joseph M

09/15

5

South Jersey Trans Authority

Nemeth, Joseph John

10/15

C

Perth Amboy City

Owen, George W

02/16

D

Sandyston Twp.

Peterson, Kimberly

10/15

A

Rutgers University

Raia-Gonzales, Geraldine

09/15

A

Bergen Co Bd of Soc. Serv.

Reina, Salvador Jr

03/16

5

Passaic County

Rinaldi, Marie A

02/16

5

Bergen County

Romano, Nancy S

05/16

5

Hunterdon Developmental Center

Ryder, Richard

07/16

A

Pemberton Township Bd. Of Ed

Smullen, Norma A

09/15

5

Somerset Raritan Valley Sew Auth.

Tambone, Maureen E

01/16

5

Wall Township BOE

Thompson, Jack E

04/16

5

Phillipsburg Town BOE

Valentino, Joseph T

02/16

A

Ocean Township

Vandewater, Jeffrey J

03/15

5

The College of New Jersey

Voelker, Frederick W

07/16

C

Lower Cape May Reg. School District

Werner, Gary Frederick

12/15

B

Berkeley Twp.

Zane, Wade Addison Sr

04/16

A

Pittsgrove Twp.

Zwartjes, Tammy

06/15

D

Mercer County

Approved  = 58
Note: Matthew Davis (deceased)


CLOSED SESSION

Accidental Disability 

 

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE
DATE

OPT

ACCIDENT
DATE

DECISION

E-1

Villanueva, Francisco
Frankllin Twp. BOE 2/1/2012 5 10/18/2010 Withdrawn from agenda for
administrative review
E-2 Casaccio, John
Cumberland County 10/1/2015 5 12/13/2010 Approved

E-3

Timmerman, Richard

Wayne Township 7/1/2015 5 5/16/2013 Approved
E-4 Johnson, Don

Woodbine
Developmental Center
7/1/2015 B 7/29/2014 Denied Accidental, Offer Deferred

E-5

Dinatale, Edward
Mercer County 11/1/2015 5 4/4/2013 Denied Accidental Granted Ordinary
E-6 Thompson, Tauhidah

Woodbine
Developmental Center
3/1/2015 5 1/13/2014
10/27/2014
Denied Accidental, Withdrawal only

E-7

Walton, Donna

Department of
Education
7/1/2015 1 7/9/2010 Request to apply for Accidental
Disability retirement benefits (during
performance of duty issue)
Approved request to apply for
Accidental; (member has 30 days to
provide medical documentation)
E-8 Detore, Stephen

Little Egg Harbor Twp
BOE
6/1/2015 B 6/22/2011 Approved

E-9

Pietropinto, Frank

Livingston BOE 7/1/2016 C 3/5/2015
6/3/2015
Approved on 3/5/2015 incident
E-10 Lajeunesse, Leonard
Bernards Twp 11/1/2015 5 11/2/2011 Approved

E-11

Stradiotti, Susanna
Rutgers University 10/1/2015 5 7/9/2003
6/20/2011
Approved on the 6/20/11 incident
E-12 Oliveria, Fernanda
Linden City BOE 3/1/2015 B 8/28/2012 Denied Accidental, Offer Deferred

E-13

Anderson, Sherol

Judiciary/Somerset
County
2/1/2016 5 6/1/2015 Denied Accidental, Withdrawal only
E-14 Smith, Alice


New Lisbon
Developmental Center
4/1/2015 1 9/16/2009
9/7/2010
10/16/2013
Approved on the 10/16/13 incident
(no incident report on file for the
9/7/10 incident member was on
leave of absence)
(Vote: 8:1; Trustee Hurst: Nae)
E-15 Davis, Esther
Veterans Haven South 4/1/2015 5 12/16/2005
4/9/2007
Denied Accidental, Offer Deferred
E-16 Craig, Georgette
Rutgers University 1/1/2016 5 12/3/2008
8/5/2009
9/12/2013
Denied Accidental, Offer Service
(may apply for Ordinary Disability
maintaining original effective date,
provided the app for OD is filed
wtihin 30 days)

E-17

Gilliam, Elijah

Monmouth
County/Hall of
Records
1/1/2016 5 10/2/2000 Denied Accidental Granted Ordinary
E-18 Green, Tyrone

Ancora Psychiatric
Hospital
8/1/2014 A 10/5/2012 Denied Accidental Granted Ordinary
(disability not related to the incident)

E-19

Stone, Charles
Raritan Twp. MUA 9/1/2015 C 6/20/2014 Approved
E-20 Martinez, Carmelo

New Brunswick City 11/1/2015 A 11/20/2014 Approved
E-21 Hodgson, Mary
Bernards Twp BOE 7/1/2016 5 2/28/2011
2/7/2014
2/11/2014
2/19/2014
3/7/2014
Denied Accidental Granted Ordinary
(disability not related to any
incident - no incident reports on file
for 2/7/14, 2/11/14, 2/19/14 and
3/7/14)



OPEN SESSION

Retirement Issues

F-1 Hofgesang, Matthew - Roxbury Twp BOE - Honorable Service
Partial Forfeiture of service and salary from the date of offense (August 2014 through
termination of employment) Apply retroactive to retirement date (Retirements)
F-2 Rosado, William - Ancora Psychiatric Hospital - Honorable Service Request to
Postpone
Denied request to postpone; No forfeiture; Approved Early retirement effective 10/1/13,
under Option C (Retirements)
F-3 Jordan, Jean - Atlantic Co Special Services - Honorable Service Request to Postpone
Approved request to postpone
F-4+ Lau, Marsha - NJ State Dept. of Health - Issue of bona fide
retirement
Non bona fide retirement; Cancel retirement; Re-enroll; Repay overpayment of retirement
benefits (External Audit, Enrollments, Retirements)
F-5+ Mutterperl, Carol - Bayonne BOE - Issue of bona fide retirement
Non bona fide retirement; Cancel retirement; Re-enroll; Repay overpayment of retirement
benefits (External Audit, Enrollments, Retirements)
   

OPEN SESSION


Hearing Decisions

G-1 Hurlburt, Mark - Juv. Jus. Comm Central Office - Initial Decision ALJ affirmed
the Board's denial of accidental disability retirement benefits; Exceptions; Reply to
Exceptions
Adopt ALJ's findings of fact; Reject the legal conclusions; Grant Accidental Disability
effective June 1, 2012, under maximum option; Note exceptions; Note reply to exceptions
(Retirements, Health Benefits)
G-2 Turpin, Gayle - Camden Co Health Services Ctr - Failure to
Appear
Noted
G-3 Carlson, Robert - Ann Klein Forensic Center - Failure to Appear
Noted
G-4 Williams, Wayne - Essex County - Appellate Division Decisions
The Appellate Court upheld the Board's decision to deny pension credit for retroactive
salary increases he received as part of a settlement of a lawsuit he filed against his
employer.
Noted
G-5 Chrzanowski, Matthew - Mt. Laurel Twp Mun. Util. Auth. -
Appellate Division Decisions The Appellate Court upheld the Board's decision to deny
accidental disability retirement benefits
Noted
G-6 Pinto, Irma - Stratford BOE - Initial Decision ALJ upheld the Board's denial of
accidental disability retirement benefits; Exceptions; Reply to Exceptions
Adopt the ALJ's decision; Note exceptions; Note reply to exceptions
G-7 Azack, Frank - Regional Opertions Central - Initial Decision ALJ
determined that there are no genuine issues of material fact and concludes that this matter
is ripe for summary decision
Adopt the ALJ's decision
G-8 Johnson, Carrie - Department of Corrections - Appellate Division
Decisions Remand from Appellate Court (Honorable Service Issue)
Reconsidered and reapplied the Uricoli Factors; Reaffirmed original forfeiture
G-9 Williams-Fasion, Carolyn - Rutgers University - Final Administrative
Determinations Denied request to apply for ordinary disability retirement benefits
Approved FAD
G-10 Farrington, Christine - Final Administrative Determinations Denied interfund
transfer of inactive PERS account into JRS
Approved FAD
G-11 Lucas, Venus - Newark Public Schools - Findings of Fact, Conclusions of Law
Approved findings of fact and conclusions of law; Remand to OAL
   

OPEN SESSION


Hearing Requests

H-1 Frankowski, John - Sussex - Appeals the Board's denial of ordinary disability
retirement benefits
Approved
H-2 Bucca, Benjamin - Rutgers University - Appeals denial of eligibility in PERS
pursuant to N.J.S.A. 43:15A-7(b) and N.J.S.A. 43:15A-7.2
Approved
H-3 Stefankiewicz, Lisa - Stone Harbor Borough - Appeals the Board's decision to
impose a partial forfeiture due to dishonorable service
Withdrew Appeal
H-4 Carmichael, Jerome - Dept of Corrections - Appeals the Board's denial of
ordinary disability retirement benefits
Approved
H-5 Stasi, Andrea - Summit BOE - Appeals the Board's denial of
ordinary disability retirement benefits
Denied (beyond the 45 days to file)
H-6 Howell, James - Medford Twp. BOE - Appeals the Board's denial of ordinary
disability retirement benefits
Approved
H-7 Russy, Vanessa - Bergen Co Bd of Special Services - Appeals the Board's
denial of ordinary disability retirement benefits
Approved
H-8 Zimmerman, Todd - Woodbine Developmental Center - Appeals the Board's
denial of accidental disability retirement benefits
Approved
H-9 Sowney, George - Northern Burlington Co Reg - Appeals the Board's denial of
accidental disability retirement benefits
Approved
   



OPEN SESSION

Active Membership Issues

J-1+ Murphy, Brian - Middle Township - Resubmission Eligibility for PERS service credit
Approved; also approved to purchase temporary service (Enrollments and Purchase
Bureau)
J-2+ Healy, Patrick - Aberdeen Twp. - Termination from PERS
pursuant to Ch. 92, P.L. 2007
Denied ; Not eligible for PERS under N.J.S.A.43:15A-7.2(a) effective January 1, 2008
   

OPEN SESSION

Death Claim Issues

  None
   

OPEN SESSION

Informational Issues

L-1 Trial Balance For December 31, 2015
Noted
L-2 Common Pension Fund E As of January 31, 2016
Noted
L-3 Common Pension Fund D As of January 31, 2016
Noted
L-4 Wire Transfers PERS contributory group insurance policy #13900
Noted
L-5 Wire Transfers Non-contributory group insurance policy #14800 benefit claims
Noted
   

OPEN SESSION

Reports

M-1 Outside Legal Counsel invoice dated February 29, 2016
Approved (Trustee Culliton, Winthers and DAG Kelly recused.)
M-2 Appellate Division Brief regarding law suit
Noted (Trustee Culliton, Winthers and DAG Kelly recused.)
M-3 DAG Advice regarding SIC
The Board waved the confidentiality of the advice, in a limited manner, to use it for
reference, but may not release the documents. However, the Board members may retain
their copies (Trustee Culliton abstained.)
   

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

The next meeting of the Board will be held on March 31, 2016.

 
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