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PUBLIC EMPLOYEES' RETIREMENT SYSTEM
June 17, 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: 10:00 AM

Adjourned: 2:00 PM

Roll Call:

Leon Flanagan, Jonathan Berg, Ned Thomson, Suzanna Buriani-DeSantis, Thomas Bruno, Ron Winthers, Christine Veliz, Fred Beaver


Absent:  John Lowden

Also Present: DAG Kellie Pushko; Kathleen Coates; Jackie Bussanich; Amy Mazzeo; Marylou Mayoros; Virginia Matucci; John Megariotis; Janet Cranna, Buck Consutants; Dennis Murray and Nina Matias, Prudential; Bob Bobik, NJEA; DAG Michelline Foster; Brian Govern; Neil Rednor, attorney; Gregory Crumbley; Michael Czyzyk; Pete Maurer; Jean Monahan; Hank Schwedes; Mary Ellen Rathbun; Susanne Culliton; Tina Bullock, Shirlene Scott; Rhoda Strulowitz; Debbie Lane; Lisa Pointer; Mark Schwedes; Mark Schorr, attorney; W. Ruth Rosser; John McDonnell, attorney; Frank Watts; David Biederman; Melvin Ramos; Samuel Gaylord, attorney; Anthony Rose; Michael Koribanics, attorney; Angelo Bonanno, Samuel Halpern, attorney; Andrew Beardsley; Micki Billick; James Henderson; Frank Crivelli, attorney


OPEN SESSION

Minutes

Minutes from the meeting of May 20, 2009
Approved (Trustee Beaver abstained.)


OPEN SESSION

Miscellaneous Issues 

B-1
Proposed Amendment to NJAC 17:2-8.3
Approved
B-2
Attorney for James Cleary is requesting Executive session minutes
Denied
B-3+
Revision of Prudential Life Insurance Certificate Contributory Insurance
Approved with Director Beaver authorized to sign for the PERS Board
B-4

Final Tabulation and Certification from GPMS announcing election results of the State
representative Trustee to the PERS Board
Approved

B-5+
Experience Study as of June 30, 2008
Approved


OPEN SESSION

Retirement and Death Lists

C-1

Active and Retired Death Lists
Approved

C-2 Return to Employment
Approved
C-3 Retirement List
Approved
C-4 Chapter 221
Approved


CLOSED SESSION

Ordinary Disability

..

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE DATE

OPT

DECISION

D-1

Perez, Migdalia

 

Voc. Rehabilitation Comm.
9/1/2009
D
Denied Ordinary, Offer Deferred

D-2

Fetterman, Linda
Treasury - Division of Revenue
7/1/2009
A
Approved

D-3

Hitcher, Pamela
South Woods Prison
5/1/2009
5
Denied Ordinary, Offer Deferred

D-4

Monthly OD Grid .
.
.
Approved (see list below)

PERS Ordinary Disability Grid

Member's Name

Effective Date

Opt

Employer

Allen, Deborah A

06/09

5

Sussex County

Anderson, Thomas P
(deceased)

06/09

C

Jersey City Public Schools

Barrino, Cynthia

06/09

5

Woodbridge Developmental Center

Beers, Donna L

07/09

5

Warren Hills Regional Schools

Berenato, Carol L

11/09

5

Egg Harbor City BOE

Bergemann, Richard

06/09

A

Judiciary/Essex County

Bernhey, Mary

05/09

5

VA - Paramus

Borges, Dorothy A

04/09

5

Neptune Township

Brown, Herbert Sr.

05/09

A

Paterson BOE

Campbell, Gwendolyn

05/09

5

Newark Public Schools

Campbell, John E

04/09

5

Trenton City

DaSilva, Maria B

06/09

5

Elizabeth City

DeMario, Mary T

08/09

D

Pleasantville BOE

Dinsmore, Stephen J

06/09

C

State Police Civilian Employees

Felicetta, Wayne

04/09

5

Passaic Co Vocational School

Frampton, Linda S

02/09

5

Trenton City

Franklin, Tami

05/09

5

Hillside BOE

Gasko, Ann J

07/09

C

Garfield City

Gibson, Diane

11/08

5

Hudson County

Gillespie, David James

12/08

C

Juvenile Justice Commission

Greer, McCoy

07/09

5

Passaic BOE

Gyenge, Bernadette

07/09

5

Dept of Banking & Insurance

Horner, Patricia

04/09

5

Salem County

Kenney, Carol A

05/09

5

Turnpike Authority

Landolfi, Joseph

04/09

B

Essex County

Langston, Joann P

05/09

5

Bethlehem Twp BOE

Levey, Stanley D

01/09

5

North Brunswick Township

Liebmann, Maryann

07/09

5

Hackensack City BOE

Long, John Jr.

06/09

A

Camden City

Lopez-Cuevas, Pedro

07/09

1

Judiciary/Morris County

Macaluso, Frank J

07/09

A

Ocean County Utilities Authority

Maione, Mary L

12/09

5

Spotswood BOE

Martinez, Migdalia

04/09

5

Passaic County

Meller, Constance A

06/09

5

Cliffside Park Borough

Moretti, Anthony

12/08

B

Union County

Moylan, Raymond J

08/09

B

Monmouth County/Hall of Records

Patterson, Cheryl

09/09

D

Florence Township BOE

Perez, Rolando

08/09

B

West New York BOE

Petty, Don Michael

05/09

5

Treasury - Division of Taxation

Member's Name

Effective Date

Opt

Employer

Potter, Martha Mary

07/09

5

Hagedorn Gero-Psych Hospital

Randolph, Philip B

06/09

5

Division of Procurement

Roberts, Rose M

05/09

5

Camden Co Bd of Social Services

Salvesen, Jan Allen

01/10

A

Mercer County

Sarica, Colleen M

08/09

5

Gloucester County Special Services

Segin, Elaine M

04/09

D

New Lisbon Developmental Center

Shapelow, Debra A

03/09

3

Lawrence Twp BOE

Sheedy, Ronald E

09/09

A

Elizabeth BOE

Soetebeer, Alfred F

10/09

B

Roxbury Twp BOE

Stickles, Gail Woolley

09/09

5

Albert C. Wagner Youth Corr Fac

Stuper, Janice

08/09

5

Albert C. Wagner Youth Corr Fac

Vollbrecht, Ernestine

04/09

D

Ocean Twp BOE

Zikoski, Robert M

04/09

5

Bound Brook Borough

Total = 52


CLOSED SESSION

Accidental Disability

 .

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE DATE

OPT

ACCIDENT
DATE

Decision

E-1

Leonard, Mary
Ancora Psychiatric Hospital
1/1/2009
5
2/24/2006
Approved

E-2

Muska, Michael
Middlesex County
3/1/2009
5
4/3/2008
Denied Accidental, Offer Deferred

E-3

Wallace, Virginia
Mt. Olive Twp. BOE
10/1/2008
5
1/7/2005
Denied Accidental, Offer Service

E-4

Taylor, Wendy
Pemberton Township BOE
9/1/2008
5
9/29/2005
1/2/2008
Denied Accidental Granted Ordinary

E-5

Benitez, Mirilda
Edna Mahan Corr Fac for Women
12/1/2008
5
7/14/2008
Denied Accidental Granted Ordinary

E-6

Oakley, Timothy
City of Trenton
3/1/2009
5
8/24/2007
Approved

E-7

Patel, Ramesh
Department of Transportation, Contsruction & Materials
3/1/2009
A
5/27/2008
Denied Accidental Granted Ordinary
E-8 Crumbley, Gregory
Trenton Housing Authority
6/1/2007
D
2/13/2006
Reconsideration of an OAL case Continue on issues in OAL; Denied under Patterson; Continue in OAL; Re-exam in one year
E-9 Murray, James
County of Essex
7/1/2009
5
7/21/2003 4/13/2004
Denied Accidental, Offer Deferred
E-10 Allen, Kenneth
Department of Corrections - Edna Mahan Correctional Facility
1/1/2009
B
4/2/2007
Denied Accidental Granted Ordinary
E-11 Agarwal, Asha
Livingston BOE
11/1/2008
5
7/11/2001
Denied Accidental Granted Ordinary
E-12 LaCava, Nicholas
County of Mercer
7/1/2007
A
6/18/2002
12/20/2005
11/21/2006 11/29/2006
Denied Accidental, Withdrawal only


OPEN SESSION

Retirement Issues

F-1

Russo, Anthony - Hoboken City - Calculation of retired group life insurance
REMOVED FOR ADMINISTRATIVE REVIEW.

F-2+
Rosser, Ruth Willie - Mercer County & Trenton City - Return to Employment
Tabled for 60 days to allow member to provide additional documentation
F-3
Mangine, Dominick - Property Management and Construct - Honorable Service
Deferred retirement
Denied (Total Forfeiture) (Retirement Bureau)
F-4+
Watts, Frank - UMDNJ - Suspension of Pension
Suspend Retirement Benefits (Retirement Bureau)
F-5+
Biederman, David - Division of Consumer Affairs - Honorable Service
Total Forfeiture - Forfeit all service and salary (Retirement Bureau)
F-6+
Ramos, Melvin - Perth Amboy City - Suspension of Pension
Tabled - Division will refer back to board prior to exhaustion of contributions; unless
outstanding legal action finalized (Retirement Bureau)
F-7
Poole, Doris - East Orange City BOE - Honorable Service
Partial Forfeiture - Forfeit service and salary from 2/1/94 through termination; Apply
Prospectively (Retirements)
F-8+
Wilson, Daniel - West Deptford Township - Honorable Service Deferred Retirement
Denied (Total Forfeiture) (Retirement Bureau)
F-9
Lawyer, Marika - East Windsor Township - Honorable Service Deferred Retirement
Denied (Total Forfeiture) (Retirement Bureau)
F-10+
Rose, Anthony - Linden City - Suspension of retirement benefits
Suspend retirement benefits


OPEN SESSION

Hearing Decisions

G-1

Henderson, James - Mercer County Special Services School District - Initial Decision - ALJ reversed the Board's decision and granted Accidental Disability
Exceptions
Reply to exceptions

Rejected ALJ Decision - Noted exceptions; Noted reply to exceptions

G-2
Trezza, Lisa - Ann Klein Forensic Center - Initial Decision ALJ reversed the Board's decision and granted Accidental disability, with exceptions, reply to exceptions
Rejected ALJ Decision - Noted exceptions; Noted reply to exceptions
G-3
Carroll, Thomas - Hudson County - Appellate Division Decisions Thomas J. Carroll vs. PERS
Noted
G-4
Parkin, Hary - County of Mercer - Appellate Division Decisions Harry G. Parkin vs. PERS
Noted
G-5
Martin, Joann - NJ Turnpike Authority - Initial Decision - ALJ upheld the Board's decision which denied Accidental Disability retirement benefits
Adopted
G-6
Campbell, Janet - Motor Vehicle Commission - Final Administrative Determinations - Issue of Ordinary Disability
Approved
G-7
Brown, Denise - Paterson City - Initial Decision ALJ upheld the Board's decision and denied Ordinary Disability retirement benefits
Adopted ALJ Decision
G-8
Jackson, Fred - UMDNJ - Hearing Withdrawals
Noted
G-9 Bailey, Barbara - South Woods Prison - Dept. of Cor - Hearing Withdrawals
Noted


OPEN SESSION

Hearing Requests

H-1

Turner, Virginia - Office of The Public Defender - Appeals Board's denial of Ordinary Disability retirement benefits
Approved

H-2
Jillson, Janice - Cumberland County bd of Voc. Ed. - Appeals Board's denial of Ordinary Disability retirement benefits
Approved
H-3
Fenn, Paul - Regional Operations Central - Appeals Board's denial of Accidental Disability retirement benefits
Approved
H-4
Bubay, Nuran - VA-Paramus - Appeal's Board's denial of Ordinary Disability retirement benefits
Approved
H-5
Perry, Gloria - Department of Children & Families - Appeal's Board's denial of Ordinary Disability retirement benefits
Approved
H-6
Bonanno, Angelo - Hillside BOE - Appeals Board's decision to reenroll
and repay overpayment; Request for Stay
Approved Hearing Request; Denied request for a stay
H-7+
DiNicola, Anthony - Newark Housing Authority - Request Reconsideration; Appeals Board's decision to re-enroll retroactively and repay overpayment due to return to employment
Denied reconsideration; Approve Hearing in OAL
H-8
Humphries, Pamela - UMDNJ - Appeals Board's denial of Accidental Disability retirement benefits
Approved
H-9
Pierre-Louis, Angeline - Hudson County - Appeals Board's denial of Deferred
retirement benefits
Denied
H-10
Pecorelli, Carmine - Dept of Comm & Economic Development -
Appeals Board's denial of repayment of an overpayment
Approved


OPEN SESSION

Active Membership Issues

J-1

Gandhi, Harsha - Department of Children and Families - Request to purchase based on retroactive request date
Denied

J-2+
Beardsley, Andrew - Passaic County - Request to purchase
Denied (Trustee Buriani-DeSantis abstained.)
J-3
Mancuso, Maria - Comm Workers of America #1034 - Purchase
Denied (Trustee Berg recused.)


OPEN SESSION

Death Claim Issues

K-1

None


OPEN SESSION

Informational Issues

L-1
Trial Balance for March 31, 2009
Noted
L-2
Appellate Division Decisions Lynette Butler vs PFRS
Noted
L-3
Common Pension Fund A as of February 28, 2009
Noted
L-4
State Investment Council Minutes for the March 19, 2009 meeting
Noted
L-5
Trial Balance for April 30, 2009
Noted
L-6
Wire Transfers Non-Contributory group insurance policy #14800 benefit claims
Noted
L-7
Wire Transfers PERS - Contributory group insurance policy #13900
Noted
L-8
Common Pension Fund A as of March 31, 2009
Noted
L-9
Common Pension Fund E as of November 30, 2008
Noted
L-10
Common Pension Fund D as of January 31, 2009
Noted
L-11
Common Pension Fund A as of February 28, 2009
Noted

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

The next meeting of the Board will be held on July 15, 2009.

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Last Updated: June 18, 2009