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PUBLIC EMPLOYEES' RETIREMENT SYSTEM
JUNE 20, 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: 10:18 a.m.

Adjourned: 12:55 p.m.

Roll Call: Roderick Lewis, Fred Beaver, Jonathan Berg, Lee Flanagan, Ned Thomson, Steve Florek, John Lowden, Ronald Winthers

Absent: Suzanna Buriani-DeSantis

Also Present: DAG Kellie Pushko; Kathleen Coates, Jackie Bussanich, Ginny Martucci; Mary Lou Mayoros; Priscilla Lyons; Amy Mazzeo; Kendra Moran; Mark Schwedes; Stephanie Washington; Dusty McNichol, Star Ledger; Thomas Bruno; Mrs. Bruno; Christine Veliz; Gregory Crumbley; Donna Whiteside, attorney; John Reinmuth; Vani Kolipakam; Mr. Kolipakam; Frank Armour; Mrs. Armour; Louis Milone; Christine Milone; Patricia Francis


OPEN SESSION

Minutes

Minutes of the meeting of May 16, 2007 - Approved

Finance

A-1 Trial Balance as of March 31, 2007 - Approved
A-2 Trial Balance as of April 30, 2007 - Approved
A-3 Common Pension Fund A as of April 30, 2007 - Approved
A-4 Common Pension Fund B as of April 30, 2007 - Approved
A-5 Common Pension Fund D as of April 30, 2007 - Approved

Miscellaneous Issues

B-1=

Election Results - Final Tabulation and Certification from Corporate Marketing Solutions, Inc. announcing State representative winner as Thomas Bruno - Certified

Retirement and Death Lists

C-1 Active and Retired Death Lists for May 31, 2007 - Approved
C-2= Return to Employment - Approved
C-3= Chapter 221 - Approved
C-4= Retirement List - Approved


CLOSED SESSION

Ordinary Disability

D-1

DeCheng, Haydee - DYFS - Effective January 1, 2007 - Maximum Option - Approved

D-2

Howard, Deloris - UMDNJ - Effective November 2, 2003 - Option C - Reconsideration - OAL Case - Denied; Continue in OAL

D-3

Ellis, Ruth - West Windsor Plainsboro BOE - Effective July 1, 2006 - Maximum Option - Approved (changed from Service)

D-4
Ray, Linda - Motor Vehicle Commission - Effective April 1, 2007 - Maximum Option - Denied; Offer Service
D-5
VanNoy, Patricia - Judiciary/Mercer - Effective November 1, 2006 - Maximum Option - Resubmission - Denied; Offer Deferred
D-6
Bezama, Ana - Jersey City Public Schools - Effective December 1, 2006 - Maximum Option - Denied; Offer Service
D-7
Caraballo, Maria - City of Paterson - Effective January 1, 2007 - Option 1 - Involuntary - Approved
D-8
Donovan, Kathleen - Woodbridge Twp BOE - Effective January 1, 2007 - Maximum Option - Denied; Offer Deferred
D-9
Reele, Deiby - OIT - Effective February 1, 2005 - Maximum Option - Honorable Service - Partial forfeiture of 25% of full benefit; Approve Ordinary Disability
D-10

Privitera, Lorraine - Passaic County - Effective April 1, 2007 - Maximum Option - Approved w/1 year re-exam

D-11
Ferrari, Rebecca - Camden Co Bd of Chosen Freeholders - Effective March 1, 2007 - Maximum Option - Denied; Offer Deferred
D-12
Robertazi, Dominic - Morris County - Effective July 1, 2007 - Maximum Option - Denied; Offer Deferred
D-13 Browne, David - Juvenile Justice Comm - Effective January 1, 2007 - Option A - Approved w/1 year re-exam
D-14 Wesley, Cynthia - Juvenile Justice Comm - Effective February 1, 2007 - Maximum Option - Denied; Offer Deferred
D-15 Ward, Thomas - East Windsor Regional - Effective October 1, 2006 - Option 1 (off payroll more than 2 years) - Approved
D-16

Monthly OD Grid w/Supplement - Approved (see list below)

Member's Name

Effective Date

Opt

Employer

Alberts, Cynthia D

03/07

5

Department of Health 

Alexander, John

05/06

5

Paterson City 

Allen, Richard A

03/07

A

Cliffside Park Housing

Bacsoka, Bette D

01/08

5

Woodbridge Township BOE

Best, Beatrice H

02/07

5

Woodbridge Developmental Center

Brown, Constance

06/07

5

Union County College

Browne, Godfrey M

06/07

5

Ancora Psychiatric Hospital

Cassidy, Anne E

03/07

5

Teaneck BOE

Ciavaglia, Anne

04/07

5

Bergen County

Clark, Ronald E

05/07

5

Passaic Co Vocational School

Crader, Nancy V

07/07

5

Ocean Co Board of Social Services

Dargan, Mary G

07/07

5

South Orange-Maplewood BOE

Davis, Deborah K

08/07

5

Office of The Public Defender

Defalco, John A

07/07

A

Garfield City

Elliott, Harry J

06/07

5

Cape May County

Farese, Marco

04/07

B

Middlesex County

Ferrara, Giorgio

08/07

B

Elizabeth BOE

Filla, James

06/07

5

Mercer County

Folk, Esther

05/07

5

Hamilton Twp BOE

Gabowsky, John M

03/07

5

Morris County

Gallagher, Cynthia

01/07

5

Pemberton Township BOE

Garcia, Luciano

07/07

B

Bergen County 

George, Margaret

07/07

5

Moorestown Township BOE

Giordano, Joseph F

06/07

5

Rowan University

Hager, Jane

04/07

5

Brigantine City BOE

Hargrave, Roberta

05/07

5

UMDNJ

Herceg, Eileen M

04/07

C

Ocean Co Board of Social Services

Horne, Beverly A

03/07

5

Willingboro Township

Hunter, Langston

05/07

A

North Jersey Development Center

Irwin, Judy M

06/07

1

Division of Criminal Justice

Jackson, Hugh

05/07

B

Burlington County/Payroll Dept

Kelly, Linda L

09/07

5

Berkeley Township Municipal Bldg

Langer, Bette M

04/07

1

Hudson County

Lanoce, John

03/07

A

UMDNJ

Lindmar, Geralyn C

03/07

5

Ocean County

Lindsey, Janice

03/07

5

Barrington Boro BOE

Little, Gary

05/07

5

East Jersey State Prison

Long, Wallace R

04/07

4

Bradley Beach Borough

McFadden, Joseph

07/07

A

Union Co Bd of Social Services

McDaniels, Carol

06/07

D

Hagedorn Gero-Psych. Hospital

McKeon, Petra

02/07

A

Ocean Twp BOE

Member's Name

Effective Date

Opt

Employer

Montroni, Barbara

03/07

5

Union City BOE

Paglia, Roseann

04/07

C

Newark Public Schools

Peters, Frederick

06/07

A

Edison Twp BOE

Pettaway, Pamela

10/06

5

Woodbridge Developmental Center

Rego, Gloria L

03/07

1

Kean University

Ricciuti, Dorothy M

03/07

5

Camden Co Bd of Chosen Frhldrs

Sargent, James K

11/06

5

Greystone Park Psych Hospital

Sheridan, Mary M

04/07

5

Voc Rehabilitation Comm

Smith, Celeste Ann

06/07

5

Dept of Education

Somma, Michael G

09/07

A

Passaic County

Spatzier, William

06/07

1

Juv. Jus.Comm. Central Office

Steen, Willie J

02/07

A

UMDNJ

Tarra, Orlando

04/07

1

Hackensack Housing Authority

Thompson, William

05/07

C

Trenton Housing Authority

Torciollo, Edward P

04/07

1

MVC-Shared Services

Turner, Brenda

06/07

A

UMDNJ

Walmsley, Th Jr

02/07

1

Paterson City

Weeks, Robert P

09/07

5

Burlington Co College

Wewers, Cynthia A

03/07

A

Middlesex Co Bd of Social Services

Whitney, Judith C

07/07

5

Camden Co Bd of Chosen Frhldrs

Wightman, Patricia

01/07

5

Hunterdon Developmental Center  

Wilches, Ana C

04/07

D

NJ Vets Mem Home at Menlo Park

Williams, Joanne D

09/06

1

Higher Ed. Student Assist. Auth

Wolk, Arthur I

05/07

A

Camden Co Bd of Chosen Frhldrs

Total = 65
D-17 Boggers, Evelyn - Pemberton Twp BOE - Effective October 1, 2007 - Option C - Tabled for IME
D-18 Bhattacharajee, Debra - DEP - Effective January 1, 2007 - Option B - (currently collecting Service) - Denied; Continue Collecting Service
D-19 D’Ambola, Geraldine - Division of Consumer Affairs - Effective September 1, 2006 - Maximum Option - Resubmission - Approved w/1 year re-exam

Accidental Disability

 

MEMBER'S
NAME AND NO.

EMPLOYER

EFFECTIVE
DATE

OPT

ACCIDENT
DATE

TP

DR

TE

DECISION

E-1

Rudolph, Napoleon

Richard Stockton College

11/06

D

9/7/04
9/23/05

N
Y

N
Y

N
N

Deny Accidental; Grant Ordinary

E-2

Kotora, Robert

South River Boro

3/07

5

10/16/99
6/18/03
12/5/03
9/27/06

N
N
N
Y

N
N
N
Y

Y
N
N
Y

Approved

E-3+ 

Camden Co Bd of Chosen Freeholders appeals Accidental Disability for William Murray - Employer has standing; Denied employer request for reconsideration; Continue Accidental

E-4

Henson, Cilvia

Dept of Corrections

2/07

5

5/9/06

Y

Y

N

Deny Accidental; Grant Ordinary

E-5

Figueroa, Luz

Elizabeth BOE

9/06

5

10/31/01

Y

N

N

Deny Accidental; Grant Ordinary

E-6

Wright, Nyda

Kingsway Regional SD

11/06

5

3/16/06
5/5/06

Y

N
N

N
N

Deny Accidental; Grant Ordinary (not related to either incident)

E-7

Hailey, John

Wildwood BOE

8/06

1

8/14/95
(no delayed manifestation)
6/20/06

Y


Y

Y


N

N


N

Deny Accidental;
Grant Ordinary

E-8+

Crumbley, Gregory

Trenton Housing Auth

6/07

D

2/13/06

N

N

N

Denied Accidental; Offer Deferred

E-9

Poyer, Betty Lou

Sussex County

10/06

5

10/19/00
(no delayed manifestation)
11/2/03
11/10/04

Y


Y
Y

Y


Y
Y

N


N
N

Deny Accidental;
Only eligible for withdrawal (Needs 10 years for Ordinary)

E-10

Calderella, Jolaine

Ocean Co Bd of Social Services

1/07

1

01/01/99 to
06/01/02
(Cumulative)

Y

N

N

Deny Accidental;
Grant Ordinary

 

MEMBER'S NAME AND NO.

EMPLOYER

EFFECTIVE DATE

OPT

ACCIDENT
DATE

TP

DR

TE

DECISION

E-11

Ceasar, Willie

City of Atlantic City

1/07

5

1/23/06

Y

Y

N

Deny Accidental;
Grant Ordinary

E-12

Torres, Carmen

Veterans Memorial Home/Menlo Park

12/03

D

2/7/02

Y

N

N

Reconsidered and grant issue of TP; Grant Ordinary; Reaffirm denial of Accidental; Continue in OAL

E-13

Vincent, Peter

Trenton Psych Hosp

3/07

1

7/20/05

Y

Y

N

Deny Accidental;
Only eligible for withdrawal (less than 10 years)

E-14

Tomasello-Monagas, Anne

Juvenile Justice Comm

9/06

D

4/29/04

Y

N

Y

Deny Accidental;
Grant Ordinary

E-15

Nyema, Josephus

Mercer County

11/06

B

1/7/02
4/4/03

 

Y
Y

Y
Y

N
N

a) Deny  Accidental;
Only eligible for withdrawal
b) Honorable Service is moot;  Board reserves right to address honorable service issue in the future, if member should ever qualify for a benefit

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


OPEN SESSION

Retirement Issues

F-1+

Kolipakam, Vani - New Lisbon Developmental Center - Creditable Salary - Denied (Retirements, Audit)

F-2 Whitlock, David - Forensic Psychiatric Hospital - Disability Earnings - Request Waiver of Overpayment of Retirement Benefits - Denied waiver; Approve 10 year repayment schedule; Assign life insurance benefits (Retirements, Claims)
F-3 Jones, Gibb - City of Atlantic City - Honorable Service - Tabled for additional information
F-4+ Armour, Frank - Newark Housing Authority - Honorable Service - Partial Forfeiture; Forfeit one year of service and salary retroactive to effective date (Retirements, Audit)
F-5+ Milone, Louis - Paterson BOE - Honorable Service - Suspend Retirement Benefits; Table issue of honorable service for additional information and for attorney to be present (Retirements)

Hearing Decisions

G-1

Cascaes, Romeo - Monmouth County/ Freehold Twp. - Initial Decision with exceptions and reply to exceptions - ALJ reversed the Board's decision and determined that he is in an elected position and therefore entitled to collect retirement benefits while continuing employment - Noted exceptions; Noted reply to exceptions; Reject ALJ decision

G-2 Pirrello, Helen - Rutgers University - Appellate Division Decision - Court upheld the Board's decision to deny request to purchase. Court determined that the pension service was non-continuous, temporary employment and therefore, ineligible for purchase.  In addition, Ms. Pirrello was ineligible to purchase the service since she was withdrawn from PERS at the time of her request. - Noted
G-3 Sappah, Eleano - Keyport Borough - Hearing Withdrawal - Failure to Appear - Remand to OAL
G-4 Carrico, Jr., Samuel - Woodbridge Twp. - Remand to OAL - Approved
G-5 Sowinski, Josephine - Bergen County Board of Special Services - Initial Decision Dismissal - ALJ dismissed the OAL case due to attorney's failure to respond. (Board denied Accidental Disability retirement benefits) - Remand to OAL with conditions set forth in 6/13/07 exceptions by DAG
G-6 Sivillo, Carol - Woodbridge Twp. BOE - Initial Decision with exceptions - ALJ determined that Ms. Sivillo was not totally and permanently disabled and upheld the Board's denial of Accidental disability - Adopt ALJ decision; Noted Exceptions
G-7 Mickolas, Marie - Dept. of Transportation Motor Vehicle Commission - Initial Decision - ALJ determined that the incident was not a traumatic event and upheld the Board's denial of accidental disability - Adopt ALJ decision
G-8

Williams, Ronald - City of Newark - Hearing Withdrawal - Noted


OPEN SESSION

Hearing Requests

H-1+

Francis, Fitzroy (deceased) - UMDNJ - Appeals the Board's decision to pay benefits upon the death of Mr. Francis to his estate - Denied

H-2

Lockett, Elizabeth - Trenton Psychiatric Hospital - Appeals the Board's decision to deny deferred retirement (removed for cause) - Denied

H-3

Barends, Johann - Mountainview Youth Correctional Facility - Appeals the Board's decision to deny Ordinary Disability - Approved

H-4 Graham, Sally - Division of Law - Appeals the Board’s decision to deny Ordinary Disability - Approved


OPEN SESSION

Active Membership Issues

J-1 Francois, Trevor - Englewood on the Palisades Charter School - Enrollment Eligibility - Request to Postpone - Approve to postpone for one month
J-2

Silvern, Stephen - Atlantic County - Resubmission - Request to be enrolled in Law Enforcement Officers (LEO) - Approved retroactive enrollment (Enrollments)

Death Claim Issues

  None

Informational Issues

L-1

Appellate Division Decisions regarding Richard Pawlicki vs. PFRS - Noted

L-2

Appellate Division Decisions regarding John Burke vs. TPAF - Noted

L-3 State Investment Council Minutes for the meeting of April 19, 2007 - Noted
L-4

Wire Transfers PERS Contributory Group Insurance Policy #13900 for April 2007 - Noted

L-5 Wire Transfers Non-contributory Group Insurance Policy #14800 Benefit Claims for April 2007 - Noted
L-6 Memos regarding Enhancement to Death Claims Certification through EPIC - Noted
L-7 Appellate Division Decisions Anthony Barckett vs. TPAF - Noted
L-8+ State Investment Council Agenda meeting cancelled for 6/21/07 - Noted

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

The next meeting of the Board will be held on July 18, 2007.

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Last Updated: June 21, 2007