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PUBLIC EMPLOYEES' RETIREMENT SYSTEM
May 20, 2009
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 2009 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 18, 2008.

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: 10:15 AM

Adjourned: 3:45 PM

Roll Call:

Leon Flanagan, John Lowden, Suzanna Buriani-DeSantis, Thomas Bruno, Christine Veliz, Jonathan Berg, Ned Thomson, Susanne Culliton (Treasurer's Representative)


Absent: Ronald Winthers

Also Present: Kellie Pushko, DAG; Kathleen Coates; Jackie Bussanich; Virginia Martucci; Marylou Mayoros; Jean Monahan; Hank Schwedes; Amy Mazzeo; Lisa Pointer; Bob Bobik, NJEA; Pearlene Lawrence; Jane Altman, attorney; Barbara Bailey; Edward Feldman; Mark Band, CPA; James Cleary; Jordan Kaplan, attorney; Leonard Schiro, attorney; Irwin Wendruff; Martin Hauptman, attorney; Arthur Burnam; Gregory Syrek, attorney; Donna Kelly; Lucas Casbar; Carmella Conklyn; Timothy Conklyn; Patricia Hullfish; Thomas Melani, attorney; Tina Frost; Jack Frost, attorney; Edna Schultz; Luann Barnett; Mike Moran; Shirley Allen


OPEN SESSION

Minutes

Minutes from the meeting of April 15, 2009
Approved (Trustees Lowden, Culliton and Buriani-DeSantis abstained.)


OPEN SESSION

Miscellaneous Issues 

B-1
Request for executive session minutes
Denied

OPEN SESSION

Retirement and Death Lists

C-1

Active and Retired Death Lists
Approved

C-2= Retirement List
Approved
C-3=

Chapter 221
Approved

C-4= Return to Employment
Approved


CLOSED SESSION

Ordinary Disability

..

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE DATE

OPT

DECISION

D-1

Barnes, Willie
Rutgers University
1/1/2009
B
Denied Ordinary, Offer Deferred

D-2

Gerena, Ana
Trenton City
2/1/2009
A
Denied Ordinary, Offer Deferred

D-3

Little-Snead, Kimberly
Motor Vehicle Commission
2/1/2009
C
Denied Ordinary, Offer Deferred

D-4

Farrar, Sylvia
North Jersey Developmental Center
1/1/2009
5
Denied Ordinary, Offer Early
(Trustee Bruno recused.)
D-5 Benson, Hure Lee
Department of Corrections
10/1/2008
A
Denied Ordinary, Offer Deferred
D-6 Stradford, Nicole
Board of Public Utilities
8/1/2008
C
Denied Ordinary, Offer Deferred
D-7 Evans, Deborah
Burlington City Institute of Technology
7/1/2009
A
Denied Ordinary, Offer Deferred
(Vote: 6:2; Nae: Trustees Bruno and
Lowden)
D-8 Phillips, Johnnie
City of Camden
12/1/2008
5
Reconsideration Denied Ordinary, Offer Deferred
D-9 Monthly OD Grid .
.
. with supplement Approved (see list below)

PERS Ordinary Disability Grid

Member's Name

Effective Date

Opt

Employer

Andujar-Velez, Sara

09/09

5

Dept of State - Personnel

Astore, John

12/08

1

Mercer County

Bagnell, Wayne U

05/09

5

Richard Stockton College

Baskerville, Philip

04/09

A

Newark Housing Authority

Beckett, Joseph Robert

12/08

5

Ancora Psychiatric Hospital

Biddle, Sheryl L

04/09

B

Millstone Township BOE

Bohen, William M

12/08

5

Madison Borough

Bolton-Foran, Deborah

12/08

5

Burlington County

Bowen, Terry W

07/09

C

Dept of Corrections

Campbell, Glenda M

11/08

5

Paterson BOE

Campbell, Valerie

02/09

5

Forensic Psychiatric Hospital

Capitulik, Irene A

06/09

5

Hunterdon Developmental Center

Ciriaco, Louise A

04/09

C

Brick Township

Cole, Timothy F

03/09

5

East Rutherford Borough

Collins, Patricia

04/09

5

Kearny Town BOE

Cumberlander, Dexter

11/08

5

Newark Housing Authority

Cunningham, James

02/09

5

Pleasantville BOE

Curio, Ralph A

05/09

A

Haddon Township

DeFelippis, Judy Ann

09/08

1

Fort Lee Borough

DeMarco, Maryann

07/09

5

Bayonne City

DeMoya, Raquel H.

02/09

5

Jersey City Public Schools

Dutko, Anne

02/09

A

MVC - Shared Services

Fine, Deborah Ann

11/08

5

Morris County

Garcia, Wilson

05/09

5

Veterans Memorial Home

Gill, Barbara A

07/09

5

Chester Twp BOE

Gorga, Donna L

05/09

2

Paramus BOE

Gray, Jacqueline L

01/09

A

Woodbridge Developmental Center

Guarini, Catherine

07/09

5

Hudson Co School of Technology

Hawk, Judy A

02/09

5

East Brunswick Twp BOE

Helmlinger, Marie E

04/09

A

Dept of Treasury

Hoch, Katherine M

05/09

5

Dept Of Corrections

Horta, Santiago

07/09

B

Camden City

House, Steven Owen

07/09

A

East Brunswick Township

Hunt, Marlene

05/09

B

Middlesex County

Jackson, Andrew

06/09

B

UMDNJ

Jackson, Pamela D

06/09

5

Vineland Developmental Center

Jimenez, Santos

03/09

B

Rutgers University

Joaquin, Thomas M

03/09

A

Northwest Bergen Co MUA

Kelly, Ann M

04/09

5

Union County

Kelton, Sheri A

02/09

5

New Brunswick Housing Authority

Knoblauch, Kay Lorraine

07/09

D

Dept of Health

Krupa, Georgette C

03/09

5

Wall Township BOE

Member's Name

Effective Date

Opt

Employer

Landolfi, Joseph

04/09

B

Essex County

Lane-Nelson, Twendolyn

11/08

D

Union Co Bd of Social Services

LaTorre, Arlene

09/08

1

Newark City

Lazarou, Ioannis E

06/09

D

Vineland City BOE

Levenduski, Richard, Jr.

03/09

5

Dept Military & Veteran Affairs

Marmol, Jan

05/09

5

Rutgers University

Martuscelli, Anthony

05/09

A

Ocean Twp BOE (Monmouth)

Massaro, Michele M

07/09

5

Trenton City BOE

McCarthy, Cather

06/09

D

South Amboy City

McClary, James

05/09

5

Jersey City Housing Authority

Melton, Joseph, Jr.

04/09

D

Camden City Housing Authority

Mescal, John J

04/09

5

Rumson Boro BOE

Miller, Andrew John

02/09

A

Ancora Psychiatric Hospital

Morgan, Michael J

08/09

A

Passaic Valley Sewerage Comm

Murphy, Christine A

03/09

5

Department of Labor

Ransom, Alberta

04/09

5

Jersey City Public Schools

Rettinger, John W

07/09

C

Collingswood Borough BOE

Richardson, Doris A

10/09

5

Dept Children & Families

Rooney, Arthur J

07/09

5

Toms River School Dist

Russo, Richard J

05/09

A

Monmouth County/Hall of Records

Schofield, James J

03/09

C

Traffic Operations North

Shell, Jennifer A

03/09

5

Morris County

Skoutelakis, Andreas

05/09

C

Passaic County Community College

Soliman, Nagy

09/09

C

Fair Lawn Borough

Speight, Robin

08/08

1

Newark Public Schools

Switzer, Shawn J

07/09

A

Middlesex Co MUA

Urban, Michael W

03/09

A

South Brunswick BOE

Varga, Roger J

05/09

5

Somerset County Finance Office

Veltri, John J

03/09

5

Essex County

Wells, Jo Anne

07/09

5

Bayonne City

Wheeler, Sandra

06/09

5

State Police Civilian Employees

Williams, Deborah D

04/09

5

Newark Public Schools

Total = 74

CLOSED SESSION

Accidental Disability

 .

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE DATE

OPT

ACCIDENT
DATE

Decision

E-1

Harris, Lenore
New Lisbon Developmental Center
6/1/2009
D
5/11/2008
Approved

E-2

Kirby, Robert
Hunterdon Developmental Center
5/1/2009
5
2/5/2004
Approved
(Trustee Bruno recused.)

E-3

Boucek, Raymond
Watchung Hills Regional High School
3/1/2009
5
11/13/2007
Approved

E-4

Norris, Lisa
New Jersey Turnpike Authority
11/1/2007
5
12/7/2003
8/2/2004
8/30/2004
Denied Accidental; Continue Ordinary
(Trustee Lowden recused.)

E-5

Ronayne, James
Passaic County
3/1/2009
A
10/18/2007 8/13/2008
Tabled (clarify permanency and direct result issues)

E-6

Eisley, Frank
County of Warren
6/1/2009
5
3/14/2008
Resubmission Approved

E-7

Palmer, Jane
Malboro Township
7/1/2009
5
12/22/2006
Denied Accidental Granted Ordinary
E-8 LaCava, Nicholas
County of Mercer
7/1/2007
A
6/18/2002
12/20/2005
11/29/2006
Tabled (no incident report on 6/18/02)
E-9 Jackson, Fred
UMDNJ
6/1/2007
B
2/15/2006
Reconsideration of an OAL case Approved Accidental from Ordinary (Withdrawal from OAL)
E-10 Humphries, Pamela
UMDNJ
11/1/2008
4
7/12/2006
Denied Accidental; Continue Ordinary
E-11 Wisniewski, Jan
NJ Institute of Technology
1/1/2009
5
3/22/2005
Approved
E-12 Prencik, John
City of Garfield
2/1/2008
5
3/22/2006
Denied Accidental Granted Ordinary (or Offer Service - may be better benefit)
E-13 Dello Russo, Emilio
Newark City
6/1/2007
2
1/27/2003
Reconsideration of an OAL case to clarify issue of direct result; Denied Accidental; Continue Ordinary (Continue in OAL)


OPEN SESSION

Retirement Issues

F-1

Pierre-Louis, Angeline - Hudson County - Honorable Service Deferred Retirement -
Denied (Total Forfeiture) (Retirement Bureau)

F-2+

Lawrence, Pearlene for Robert (dec'd) - Trenton City BOE - Request to change retirement option posthumously
Approved retroactive to retirement date (Vote: 7:1; Nae: Trustee Culliton) (Retirement Bureau)

F-3+
Rose, Anthony - Linden City - Suspension of retirement benefits - Request for postponement
Approved postponement until June (Retirement Bureau)
F-4
Witte, Evert - Essex County - Return to Employment
Waive overpayment (Retirement Bureau/Audit)
F-5+
Bailey, Barbara - South Woods Prison-Dept. of Cor - Request for retirement date change Denied
F-6
Pecorelli, Carmine - Dept of Comm & Economic Development - Return to Employment
Denied Postponement; Repay lesser of salary or retirement (Retirement Bureau/External Audit)
F-7+
Feldman, Edward - Return to Employment Tabled for 30 days for additional information from each employer (External Audit)
F-8
Steele, James - Washington Twp MUA - Honorable Service Deferred retirement
Denied (Total Forfeiture) (Retirement Bureau)
F-9
Powers, Alfred - Allamuchy BOE - Return to Employment Request to Postpone
Approved postponement until July meeting (60 days)
F-10
DiCostanzo, Frank - Lodi Borough - Return to Employment Resubmission Cancel retirement; Re-enroll (Retirement Bureau;Enrollment/External Audit)
F-11+
Cleary, James - Middlesex County - Eligibility for PERS Service and salary from WMUA not eligible for PERS credit from January 1998 through 2002 retirement (Trustee Lowden recused.) (Retirement Bureau/External Audit)
F-12
Jensen, Robert - Woodbridge Township BOE - Request for dependency while incarcerated
Approved (Retirement Bureau)
F-13+
Wendruff, Irwin - Ocean County - Return to Employment; Requests Extended repayment
Repay lesser of salary or retirement; Approved 10 year repayment schedule (Retirement Bureau/External Audit)
F-14+
Burnam, Arthur - Township of Edison - Return to Employment; Requests Extended Repayment
Cancel Retirement; Re-enroll; Approve 10 year repayment schedule (Retirement Enrollment Bureau/External Audit)
F-15
Stallings, Veronica - Jersey City Pubilc Schools - Request for extended repayment schedule
Approved 10 year repayment (Retirement Bureau)
F-16+
Kelly, Donna - Middle Township - Return to employment after disability retirement and extended repayment
Cancel retirement; re-enroll; Approve 10 year repayment schedule (Vote: 7:1; Nae: Trustee Bruno - enrollment issue) (Retirement Bureau/Enrollment/External Audit)
F-17
Casbar, Lucas - Palisades Park BOE - Return to Employment
Tabled for clarification from employer within 30 days (External Audit)
F-18
Duemmer, George - Jersey City - Honorable Service
Approved Retirement; No Forfeiture of service or salary
F-19+
Hullfish, Patricia - Plainsboro Township - Request change of retirement calculation
Denied


OPEN SESSION

Hearing Decisions

G-1

Briganti, Michael - Paterson BOE -Initial Decision -ALJ upheld the Board's decision which denied Accidental disability retirement benefits Exceptions - Reply to Exceptions
Adopted - Noted Exceptions; Noted reply to exceptions

G-2+

Frost, Tina - Division of Criminal Justice - Appellate Division Decisions -Tina M. Frost vs. PERS - Remand to OAL for hearing on the denial of pension benefits under Prosecutors Part of PERS
Noted

G-3
Antreux, Constance - Middlesex County - Initial Decision -ALJ upheld the Board's decision which denied Accidental disability retirement benefits
Adopted
G-4
Cookson, Gail - Division of Law - Initial Decision -ALJ affirms Board's decision that she be enrolled in DCRP - Exceptions - Reply to Exceptions
Adopted - Noted exceptions and reply to exceptions with modification
G-5
McConnell, Marianne - NJ State Dept. of Health - Final Administrative Determinations
Approved
G-6
Campbell, Janet - Motor Vehicle Commission - Initial Decision -ALJ reversed the Board's decision and granted Ordinary disability retirement benefits - Exceptions
Rejected - Noted exceptions; Issue FAD
G-7
Martin, Joann - NJ Turnpike Authority - Initial Decision -ALJ upheld the Board's decision which denied Accidental disability retirement benefits - Request to postpone to file exceptions
Tabled to allow time to file exceptions (Trustee Lowden recused.)
G-8
Allen, Shirley - Div. of Criminal Justice - Initial Decision -Also included in this decision - Nancy Faust and the Estate of Ronald Epstein - ALJ reversed the Board's decision and approved qualification of enhanced benefits under Prosecutors Part of PERS - Exceptions
Adopted factual finding and legal conculsions of ALJ; Modify the basis for the legal conclusions; Note exceptions (Trustees Culliton and Lowden recused.) (Retirement Bureau)
G-9
Donnelly, Daniel - County of Somerset - Hearing Withdrawals
Noted
G-10
Calderella, Jolaine - Ocean County Bd. Of Social Services - Hearing Withdrawals Failure to Appear
Noted


OPEN SESSION

Hearing Requests

H-1
Krajcsovics, James - Reconsideration of repayment due to return to employment; Requests Extended repayment schedule
Reconsidered and Reaffirmed; Approved 10 year repayment schedule (Retirement Bureau/External Audit)
H-2
Abdullah, Aszizudeen - City of Newark - Appeals Board's denial of Accidental disability
Approved
H-3
Long, Linda - Midstate Correctional Facility - Appeals Board's denial of Accidental disability retirement benefits
Approved
H-4
Melani, Judith - North Jersey Development Center - Appeals Board's denial of Accidental disability retirement benefits
Approved
H-5
Hazzard, David - Rowan University - Appeal's Board's denial of Accidental Disability
Tabled for addendum from IME (Disability Review Section)
H-6
Ridenour, William - Brigantine City - Appeals Board's approval of Involuntary Ordinary disability
Approved


OPEN SESSION

Active Membership Issues

J-1+

Schultz, Edna - Camden County College - Request to Purchase
Approved (Trustee Culliton abstained.) (Purchase/Enrollment/Retirement Bureau)



OPEN SESSION

Death Claim Issues

K-1

None


OPEN SESSION

Informational Issues

L-1
State Investment Council meeting for April 16, 2009 is cancelled
Noted
L-2
Common Pension Fund B as of July 31, 2008
Noted
L-3
Common Pension Fund B as of August 31, 2008
Noted
L-4
Common Pension Fund B as of September 30, 2008
Noted
L-5
Wire Transfers PERS-Contributory group insurance policy #13900
Noted
L-6
Wire Transfers Non-Contributory group insurance policy #14800 benefit claims
Noted
L-7
Trial Balance for January 31, 2009
Noted
L-8
Common Pension Fund E as of September 30, 2008
Noted
L-9
Common Pension Fund D As of December 31, 2008
Noted
L-10
Trial Balance for February 28, 2009
Noted
L-11
Mid-Election Report: For PERS Position of State Representative to the Board of Trustees
Noted
L-12
Wire Transfers Non-Contributory group policy # 14800 benefit claims
Noted
L-13
Wire Transfers PERS Contributory group insurance policy #13900
Noted
L-14
State Investment Council Agenda for Thursday, May 21, 2009 meeting
Noted
L-15
Common Pension Fund B as of October 31, 2008
Noted
L-16
Common Pension Fund E as of October 31, 2008
Noted

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

The next meeting of the Board will be held on June 17, 2009.

 

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Division of Pensions and Benefits
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Last Updated: May 21, 2009