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Pensions and Benefits
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
APRIL 15, 2015
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 December 18, 2014.

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 (19K)


OPEN SESSION


Called to Order: 10:06 AM

Adjourned: 1:38 PM

Roll Call:

Pete Maurer; Ron Winthers; Brian Currie; Ned Thomson (left 12:40); Benjamin Hurst;
Susanne Culliton; Thomas Bruno; William O'Brien (arrived 10:18)


Absent: None

Also Present: DAG Robert Kelly; Hank Schwedes; Jackie Bussanich; Amy Cerovsky; Michael Weik;
Cheryl Chianese; Val McManus; DAG Nels Lauritzen; Sue Grant; Kristen Bell;
Samantha Marcus, Star Ledger; SDAG Eileen DenBleyker; Thomas Famelio; David
Jones; Janine Yannarella; Bryon Marshall, attorney; Peter Cresci, attorney; Andrew
Balik; Harish Bhanderi; Kevin Jarvis, attorney; Eric Richard, AFL-CIO



OPEN SESSION

Minutes

Minutes from the meeting of March 18, 2015
Approved


OPEN SESSION

Miscellaneous Issues

None
   


OPEN SESSION

Retirement and Death Lists

C-1 Active and Retired Death Lists
Approved
C-2 Chapter 221
Approved
C-3 Retirement List
Approved
C-4 Return to Employment
Approved
 

CLOSED SESSION

Ordinary Disability

 
MEMBER'S NAME
AND NO.
EMPLOYER
EFFECTIVE
DATE
OPT
DECISION
D-1 Fulton, Cindy
Hamilton Twp. BOE     a.)Honorable Service - Partial
Forfeiture of service and salary from
January 1, 2014 through termination
of employment
b.) Request to apply for Ordinary
Disability - Approved request to
apply for Ordinary Disability
D-2 Schrader, Kenneth
Mercer County 9/1/2014 5 Denied Ordinary, Offer Deferred
D-3 Hintze, Catherine
Leonia Borough BOE 12/1/2014 D Tabled for re-exam in August 2015
D-4 Quezada, Ana
Middlesex County
Improvement Authority
5/1/2014 1 Denied Ordinary, Offer Service
D-5 Knight, Patricia
Newark Public Schools     Request to apply for Ordinary
Disability Approved
D-6 Czykier, Alice
Bergenfield Borough     Request to apply for Ordinary
Disability Denied request to apply;
Offer Deferred
D-7 Spaziani, Lois
Greystone Park Psych. Hosp. 10/1/2013 A Denied Ordinary, Offer Service
D-8 Tibbets, Karen
Hunterdon Develop.
Center
8/1/2014 B Approved w/re-exam in 1 year
D-9 Simmons, Beverly
Cherry Hill Twp. BOE 7/1/2014 5 Approved
D-10 Monthly OD Grid       Approved except:
Jody Emrich - Tabled for an IME
Kathryn O'Toole - Approved w/1
year re-exam
(see list below)
D-11 Andujar, Rosario
Essex County 11/1/2014 5 Denied Ordinary, Offer Service
D-12 Bostic-Calder, Jaqueline
Newark Public Schools 4/1/2015 5 Denied Ordinary, Offer Service
D-13 Meighan, John
Camden County Bd. of
Chosen Freeholders
10/1/2014 5 Denied Ordinary, Offer Deferred

ORDINARY DISABILITY APPROVALS

Member's
Name

Effective
Date

Opt

Employer

Barnes, Doris

11/14

5

Middlesex County

Cefalo, Lucia

07/15

B

Paterson BOE

Davenport, Craig A

11/14

B

Fairfield Township

*Emrich, Jody Ann

05/15

A

Treasury - Division of Revenue

Faustin, Joselene

08/14

5

Middlesex County Improvement Auth

Fredrickson, George

12/14

5

Beach Haven Borough

Gamarro, Marie

02/15

5

Belleville Township

Germain, Jocelyne

12/14

1

Union County

Henry, Arthur J

03/15

D

Training & Employment Services

Hernandez, Clara

05/15

5

Elizabeth BOE

Iwasevic, Walter S

05/15

2

Woodbine Developmental Center

Jordan, Charles Jr

05/14

A

Cape May Co Technical Sch Dist

Kelly, John L Jr

06/15

5

Dept Military & Veteran Affairs

Kemner, Arnold J

03/15

A

Ramapo College of New Jersey

Kuharcik, Michael G

01/15

1

Woodbridge Township

Lassiter, Shirley M

06/15

5

Atlantic City BOE

Lennon, Susan

03/15

D

Warren Co Board of Chosen Freeholders

Lucas, Michael B

03/15

5

Clinton Twp BOE

Melisi, Gianna

03/15

5

Brick Twp BOE

**O’Toole, Kathryn M

01/15

5

Keansburg BOE

Pardo, Wanda

06/14

5

Passaic City

Petrone, Philip E

04/15

A

Manville Borough

Pitts, Judy A

12/14

1

William Paterson University

Reece, Debra A

03/15

5

Dept of Children And Families

Rosa, Antonio

02/15

5

Belmar Borough

Sebold, Burton

03/15

5

Essex County

Slater, Betty Jo

06/15

5

Pennsauken Twp BOE

Smith, Lori

02/15

5

Turnpike Authority

Stebbins, Daniel C

03/15

D

Regional Operations South

Sudol, Donald J

11/14

5

Passaic BOE

Szasz, Agnes

12/14

B

Hunterdon Developmental Center

Telfair, Tianna

12/14

5

Vineland Developmental Center

Veita, Lazaro A

04/15

5

West New York BOE

Woods, Kenneth J

03/15

1

Elizabeth BOE

*Tabled for IME 
**Re-exam in 1 year
Approved = 33; Tabled = 1; Total = 34

 


CLOSED SESSION

Accidental Disability 

 

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE
DATE

OPT

ACCIDENT
DATE

DECISION

E-1

Medellin, Lorenzo
Ancora Psychiatric
Hospital
11/1/2014 C 3/12/2013 Approved
E-2 Scott, Barbara


Human Ser-P.A.F.A 1/1/2015 5 11/1/2007
3/6/2013
1/31/2014
Denied Accidental Granted Ordinary

E-3

Yannarella, William
Cinnaminson
Sewerage Authority
3/1/2012 C 5/24/2010 a.) Honorable Service - Total
Forfeiture
b.) Accidental Disability - Moot
c.) Dependency - Moot
E-4 Price, Evelyn
Rowan University 10/1/2014 5 6/23/2011
9/27/2012
Denied Accidental, Withdrawal only

E-5

Walter, Derrick
Ocean Twp. BOE 2/1/2015 B 5/21/2013 a) Accidental Disability-
Reconsidered and Denied
b) Hearing Request - Approved
E-6 Cox, Richard
West Milford Twp.
BOE
11/1/2014 D 2/18/2014

Approved

E-7

Harkin, Ann
Lower Township BOE 7/1/2014 A 4/17/2013 Denied Accidental Granted Ordinary
E-8 Neilly, Robert
Garfield City BOE 12/1/2014 5 2/1/2013 Denied Accidental, Offer Service (less than 10 years)

E-9

Gambatese, Charles
Passaic County 4/1/2015 5 4/17/2012 Denied Accidental Granted Ordinary
E-10 Schroth, Peter
Hopewell Valley
Regional School
District
12/1/2014 5 9/15/2009
10/2/2009
Denied Accidental, Offer Deferred



OPEN SESSION

Retirement Issues

F-1 Lomonaco, William - Regional Operations North - Honorable Service
Partial Forfeiture of service and salary; Forfeit February 1, 2013 through termination of
employment (Retirement Bureau)
F-2+ Bhanderi, Harish - Operations/Traffic - Request to Process Retirement Pending
Adjudication of Charges
Denied (Trustee Culliton recused.)
   

OPEN SESSION


Hearing Decisions

G-1 Lucic, Dragica - Cherry Hill Twp BOE - Hearing Withdrawals
Noted
G-2 McCall, Delores - Woodbridge Developmental Center - Hearing
Withdrawals
Noted
G-3 Dengler, Barbara - Evesham Twp BOE - Hearing Withdrawals
Noted
G-4 Edwards, Arlene - Camden City BOE - Initial Decision ALJ
granted the motion to dismiss the appeal based on insufficient evidence
Adopted ALJ decision (DAG Kelly recused.)
G-5 Kielbasa, Karl - Roselle Park Borough - Initial Decision ALJ
reversed Board's decision and granted Accidental Disability retirement benefits effective
August 1, 2013 under Option C; Exceptions; Reply to Exceptions
Adopted ALJ decision; Noted exceptions; Noted reply to exceptions (Retirements, Health
Benefits)
G-6 Kinney, Juliann - University Hospital - Failure to Appear
Noted
G-7 Clark, Richard - Bayonne City - Appellate Division Decisions The Court upheld
the Board's decision which determined that Mr. Clark was removed for cause and,
therefore, not entitled to deferred retirement benefits.
Noted
G-8 Anello, Marion - Hagedorn Gero-Psych Hospital - Hearing Withdrawals
Noted
G-9 Epps, Michael - Jersey City Public Schools - Initial Decision ALJ
affirms the Board's denial of Accidental Disability retirement benefits
Adopted ALJ decision
G-10 Ziegler, Brenda - Rockaway Twp. - Initial Decision ALJ upheld the Board's
decision that Dr. Ziegler 's service was not creditable because she was deemed an
independent contractor and not a bona fide employee
Adopted ALJ decision
G-11+ Balik, Andrew - City of Bayonne - Request to Consider New
Information Regarding Partial Forfeiture
Denied and Continue in OAL
   

OPEN SESSION


Hearing Requests

H-1 Carson, Keith - Ocean County Board of Social Services - Appeals denial of
Ordinary Disability retirement benefits
Approved
H-2 Rodriguez, Sandra - Atlantic City BOE - Appeals denial of Ordinary Disability
retirement benefis
Approved
H-3 Savage, John - Department of Labor - Appeals denial of Accidental Disability
retirement benefits
Approved
H-4 Mabie, Benjamin - Lakehurst Borough - Appeals denial of PERS membership
pursuant to Chapter 92, P.L. 2007
Approved
H-5 Ocasio, Dolores - New Jersey City University - Appeals denial of Ordinary
Disability retirement benefits
Approved
H-6 Veneziani, Michael - Bellmawr Borough - Appeals denial of PERS membership
pursuant to Chapter 92, P.L. 2007
Approved
H-7 Stein, Mark - Buena Vista Township - Appeals denial of PERS
membership pursuant to Chapter 92, P.L. 2007
Approved
H-8+ Jones, David - Ocean County - Appeals denial of Accidental Disability
retirement benefits
Approved
H-9 Hall, James - Palisades Interstate Park Comm - a.) Hearing
Request - Appeals the decision that retirement is non bona fide - Approved
b.) Requests stay of Board's decision - Denied
H-10 Doctor, Mary - City of Trenton - Appeals denial of Ordinary Disability retirement
benefits - Amended application at 7/16/14 Board meeting
Approved
   



OPEN SESSION

Active Membership Issues

J-1+ Foerst, James - Moutainside Borough - Termination of PERS membership
pursuant to Ch. 92, P.L. 2007
Not eligible for PERS under N.J.S.A. 43:15A-7.2(a)
J-2+ Famelio, Thomas - Western Monmouth Utilities Authority - Request to maintain
Tier 1 Membership
Approved (Enrollment Bureau)
J-3+ Nasta, David - South Hackensack Township - Termination of PERS
membership pursuant to Ch 92, P.L. 2007
Not eligible for PERS under N.J.S.A. 43:15A-7.2(a)
J-4 Garelick, Paul - South Plainfield Borough - Termination of PERS membership
pursuant to Ch. 92, P.L. 2007 - Request to Postpone
Approved postponement
   

OPEN SESSION

Death Claim Issues

K-1 None
   

OPEN SESSION

Informational Issues

L-1 Appellate Division Decisions Yessenia Montalvo vs. PFRS
Noted
L-2 Common Pension Fund D as of February 28, 2015
Noted
L-3 Common Pension Fund E as of February 28, 2015
Noted
L-4 Wire Transfers Non-Contributory Group Insurance Policy #14800 Benefit Claims for the
month of January 2015
Noted
L-5 Wire Transfers PERS Contributory Group Insurance Policy #13900 for the month of
January 2015
Noted
L-6 Wire Transfers Wire Transfer-Non-Contributory Group Insurance Policy #14800 Benefit
Claims for the month of February 2015
Noted
L-7 Wire Transfers PERS Contributory Group Insurance Policy#13900 for the month of
February 2015
Noted
L-8 Settlement Agreement for Richard Kosmoski
Noted
L-9 State Investment Update
Noted
   

OPEN SESSION

Reports

M-1 Outside Legal Counsel - Invoice for January 2015
Approved (Trustees Culliton, Winthers and DAG Robert Kelly recused.)
M-2 Outside Legal Counsel - Invoice for February 2015
(Trustees Culliton, Winthers and DAG Robert Kelly recused.)
M-3 Order Granting Plaintiff's Motion for Summary Judgment, and Denying Defendants' Motion
to Dismiss
Noted (Trustees Culliton, Winthers and DAG Robert Kelly recused.)
M-4 Outside Legal Counsel - Invoice for March 2015
Approved (Trustees Culliton, Winthers and DAG Robert Kelly recused.)
M-5 A motion was made to request a forensic audit of the fees charged to the pension funds
related to the investment of funds for fiscal years 2012, 2013 and 2014.
Approved (Trustee Culliton abstained.)
M-6 A motion was made for independent actuaries to provide the Boards with an actuarial study
of the impact if the pension plan is frozen at its current level and all employee contributions
in the future are diverted to a different fund.
Approved (Trustee Culliton abstained.)
   

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

The next meeting of the Board will be held on May 20, 2015.

 

 
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