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PUBLIC EMPLOYEES' RETIREMENT SYSTEM
May 16, 2007
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 2007 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 15, 2006.

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: 10:02 a.m.

Adjourned: 12:50 p.m.

Roll Call: Roderick Lewis, Leon Flanagan, Jonathan Berg, Fred Beaver, Ned Thomson, Ron Winthers, Stephen Florek

Absent: John Lowden, Suzanna Buriani-DeSantis

Also Present: DAG Kellie Pushko; Kathleen Coates; Jackie Bussanich; Ginny Martucci; Mary Lou Mayoros; Tina Frost; Priscilla Lyons; Stephanie Washington; Brian Volz, NJEA; Bob Bobik, NJEA; Elaine Broyles; Michael Czyzyk;  DAG Eileen DenBleyker; Mark W. Catanzaro, attorney; Nancy Faust


OPEN SESSION

Minutes

Minutes of the meeting of April 18, 2007 - Approved

Finance

A-1 Common Pension Fund D as of February 28, 2007 - Approved
A-2 Common Pension Fund B Revised as of February 28, 2007 - Approved
A-3 Common Pension Fund A as of March 31, 2007 - Approved
A-4 Common Pension Fund B as of March 31, 2007 - Approved
A-5 Common Pension Fund D as of March 31, 2007 - Approved

Miscellaneous Issues

B-1

Administrative Code
a)  Proposed amendments to N.J.A.C. 17:2-6.3 and 8.1 - Noted
b)  Proposed repeal to N.J.A.C. 17:2-8.2 - Noted

Retirement and Death Lists

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



CLOSED SESSION

Ordinary Disability

D-1

Krupey, Linda - Toms River - Effective February 1, 2007 - Option D - Approved

D-2

Rudnitsky, Edwin - General Assembly - Effective June 1, 2007 - Maximum Option - Denied; Offer Service

D-3

Graham, Sally - Division of Law - Effective May 1, 2007 - Maximum Option - Denied; Offer Service

D-4

Barends, Johann - Mountainview Youth Corr Fac - Effective February 1, 2007 - Option C - Denied; Offer Service

D-5
Hildebrandt, Joseph - Carlstadt Boro - Request for Reinstatement - Approved Reinstatement (Retirement Bureau, Enrollment Bureau)
D-6
D’Ambola, Geraldine - Consumer Affairs - Effective September 1, 2006 - Maximum Option - Tabled for clarification from IME
D-7
Csigo, Margit - Middlesex Co Improvement Auth - Effective January 1, 2007 - Option A - Denied; Offer Service
D-8
Protze, Carolyn - Bergen Co Bd of Social Services - Effective August 1, 2006 - Maximum Option - Denied; Offer Deferred
D-9
Brown, Delois - Greenbrook Regional Center - Effective April 1, 2007 - Maximum Option - Denied; Offer Service
D-10

Monthly Ordinary Disability Grid w/Supplement - Approved with exceptions (see list below) Marc Albright and Michele Gardner - Tabled for IME

Member's Name

Effective Date

Opt

Employer

Agrawal, Renu C

05/07

1

Labor Relation & Workplace Standards

Albright, Marc Alan

04/07

A

Treasury Distribution Center

Allen, Ann B

12/06

D

Woodbridge Developmental Center

Anderson, Peter E

03/07

A

Rutgers University

Branda, Anthony Jr

04/07

5

Jersey City Housing Authority

Brunini, Annette M

03/07

A

Buena Boro MUA

Burek, Kathleen A

04/07

5

Dept Military & Vet Affairs

Campbell, Motra M

03/07

D

Mercer County

Cashman, Carol R

03/07

5

Bergen Co Bd of Soc Services

Cavanaugh, Muriel F

11/06

D

New Lisbon Developmental Center

Cohen, Michael

09/07

A

Cape May County

Conyers-Mason, Sonya

04/07

5

Dept of Children And Families

Curlett, Nancy F

06/07

5

Correct-Bayside State Prison

Davis, Linda L

07/07

A

Board Of Public Utilities

Deemer, Renea Carol

02/07

5

Warren Co Bd of Chosen Frhldrs

Denicola, Martin E

11/06

5

New Jersey Turnpike Authority

Denobile, David

02/07

5

Lodi BOE

Deveaux, Michael N

08/06

5

Hunterdon Developmental Center

Erdman, Maria Paula

04/07

5

Gloucester County

Evans, Annette B

06/07

1

Division of Consumer Affairs

Fierro, Kathleen

04/07

B

Judiciary/Bergen County

Flagg, Retona

02/07

5

Judiciary/Mercer County

Gardner, Michele

02/07

5

Irvington Township

Gustoso, Linda J

09/07

C

Bayonne BOE

Hall, Benjamin Jr.

10/07

5

Warren Hills Reg Schools

Hanna, Eleanor

02/07

5

Jersey City Public Schools

Hanna, Eleanor

02/07

5

Jersey City Public Schools 

Havasy, Maria P

03/07

A

Passaic County

Hendricks, Beverly J

11/06

1

Newark Housing Authority

Hickmon, Freddie

03/07

5

Passaic County

Jackson, Leonard

06/07

5

Monmouth County/Hall of Records

Joyner, Samuel E

03/07

A

Dept. of Health

Joyner, Samuel E

03/07

A

Dept. of Health

Koenig, Harold R

06/07

A

Ocean County

Kohl, Martin A

06/07

5

State Police Civilian Employees

Kozak, Valerie

01/07

5

Ewing Lawrence Sewerage Auth

Kuseryk, Shirley G

05/07

5

Hunterdon Developmental Center

Latella, Barbara

01/08

5

Vernon Township BOE

Maroon, Marie J

03/07

5

New Brunswick City

Meyer, Theresa

06/07

1

Bergen County

Miller, Barbara

05/07

D

Woodbridge Developmental Center

Member's Name

Effective Date

Opt

Employer

Perez, Miguel

04/07

5

Jersey City

Raines, James Edward

12/06

5

Regional Operations South

Russell, James A

03/07

5

Cape May County

Salmon, Patrick S

03/07

A

Willingboro Twp BOE

Seagle, Norman

05/07

D

Bayonne City

Siegel, Nancy Flood

07/07

5

Lenape Valley Reg HS Dist

Strockbine, Alanson Jr.

05/07

B

Gloucester County

Sumter, Robert

04/07

B

William Paterson University

Taylor, Brenda

11/06

5

Newark Housing Authority

Timmons, Gail P

06/07

D

Judiciary / Union County

Williams, Cynthia D

08/07

5

Camden City

Williams, Kelvin D

11/06

5

New Lisbon Developmental Center

Wilson, Cynthia A

01/07

5

Gloucester Twp BOE

Wilson, Rusan

04/07

5

Unemployment Ins & Disability 

D-11
Benjamin, Barbara - Dept of Children & Families - Effective November 1, 2006 - Option D - Resubmission - Denied; Offer Deferred
D-12
Napolitani, Laurel - Judiciary - Effective May 1, 2005 - Maximum Option - Re-examination - Approved; Continue Ordinary Disability 


CLOSED SESSION

Accidental Disability

 

MEMBER'S NAME AND NO.

EMPLOYER

EFFECTIVE DATE

OPT

ACCIDENT
DATE

TP

DR

TE

DECISION

E-1+

Broyles, Elaine

Community Affairs

04/02

C

10/20/99

.

.

.

Return to Employment; No longer disabled
(Enrollment Bureau, External Audit)

E-2

Springwell, Patricia

North Hunterdon-Voorhees Reg HS

11/06

5

6/16/05

Y

Y

Y

Approved
(Vote: 6:1; Trustee Florek: Nae)

E-3

Quigley, Robert

West Orange BOE

10/06

5

 

4/30/02
10/21/02

Y

N
N

.

N
N

.

N
N

Disabled; but not related to either incident
Denied Accidental; Grant Ordinary

E-4

Fava, Peter

Rockaway Twp

04/07

5

 

6/15/05
1/05/06
7/31//06
9/05/06

Y

N
N
N
N

 

N
N
N
N

 

N
N
N
N

Disabled; but not related to any incident
Denied Accidental; Grant Ordinary

E-5

Marrero, Paula

Ancora Psychiatric Hosp

7/05

5

4/04/05

Y

N

N

a)  Honorable Service - Partial forfeiture; Forfeit service and salary from Jan. 1, 2005 thru termination
b)  Accidental - Denied Accidental; Grant Ordinary  (Retirement Bureau, Audit)

E-6

Becker, Darlene

Gloucester Co Vo-Tech

1/05

5

5/01/03

Y

N

N

Denied Accidental; Only Eligible for Withdrawal

E-7

Fink, Michael

Jackson BOE

5/07

A

1/19/05

Y

Y

Y

Approved

E-8

Wainwright, Barry

Ancora Psychiatric Hosp

12/06

5

6/07/01
(tabled delayed manifestation)

Y

T

T

Tabled Accidental; Interim Approved Ordinary

TP = Total & Permanent; DR = Direct Result; TE = Traumatic Event



OPEN SESSION

Retirement Issues

F-1 DiNicola, Anthony - Newark Housing Authority - Return to Employment - Resubmission - Postponed
F-2 Milone, Louis - Paterson BOE - Suspension of Pension - Resubmission - Request to Postpone - Approved Postponement until June 20, 2007 (Board will then address the issue of honorable service)
F-3 Kelly, Marie - UMDNJ - Option Change - Denied
F-4

Beckel, Sharyn - Cumberland County - Disability Earnings Test - Request to waive recalculation of overpayment - Denied

F-5 Hage, Joseph - Middlesex County - Disability Earnings Test - Requests Waiver of Repayment of Overpayment - Denied; Approve 10 year repayment schedule; Must assign life insurance (Vote: 6:1; Trustee Berg: Nae) (Retirement Bureau, Claims Bureau)
F-6+ Faust, Nancy - Division of Criminal Justice - Request for restoration to original retirement benefit - Stay correction of error being paid at higher benefit subject to pending advice from Attorney General’s office - Approved stay of correction of errors; pay higher benefit pending Attorney General’s advice

Hearing Decisions

G-1

Starr, Michael - Essex County Vocational School - Initial Decision - ALJ upheld the Board's decision to deny Ordinary Disability - Affirmed ALJ decision

G-2 Martin, Julie - Woodbridge Developmental Center - Initial Decision - ALJ found no traumatic event and upheld the Board's decision to deny Accidental Disability - Noted exceptions and reply to exceptions; Affirmed ALJ decision
G-3 DelVecchio, Scot - Rutgers University - Findings of Fact and Conclusions of Law - Approved (Trustee Flanagan abstained)
G-4 Malloy, Patrick - New Hanover Twp. - Initial Decision - ALJ determined that all of Mr. Malloy's New Hanover Township employment was not honorable and upheld the Board's decision of total forfeiture of service and salary - Affirmed
G-5 Smith, Sandra - Manchester Twp. BOE - Hearing Withdrawal - Noted
G-6 Ward, Marilyn - Unemployment Insurance & Disability - Final Administrative Determination - Approved
G-7 Campbell, James (dec’d) - Jersey City Housing Authority - Final Administrative Determination - Approved

OPEN SESSION

Hearing Requests

 

None

Active Membership Issues

J-1 Ekemezie, George - Dept. of Children & Families - Request to Purchase - Denied
J-2+ Frost, Tina - Division of Criminal Justice - Request for all pension service to be credited under Prosecutors Part of PERS - Denied (Trustee Beaver abstained; Trustee Flanagan was not in the room at the time of the vote.)

Death Claim Issues

  None

Informational Issues

L-1

Legislation Chapter 49, P.L. 2007 - Noted

L-2

Appellate Division Decisions regarding Robert Mantone vs. TPAF - Noted

L-3 State Investment Council Minutes for the meeting of March 15, 2007 - Noted
L-4 Appellate Division Decisions regarding Nick Chomicki vs. TPAF - Noted
L-5 Appellate Division Decisions regarding Ronald Petrozzino vs. PFRS - Noted
L-6

Settlement Agreement regarding Stanley Marcinczyk vs. PERS - Approved PERS Board Secretary to sign Settlement Agreement on behalf of the Board

L-7 Trustee Election Mid-election report - Noted
L-8 State Investment Council Agenda for the meeting of May 17, 2007 - Noted

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

The next meeting of the Board will be held on June 20, 2007.

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Division of Pensions and Benefits
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Trenton, NJ 08625-0295

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Last Updated: May 17, 2007