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Pensions and Benefits
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
JUNE 22, 2016
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 2016 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on December 21, 2015.

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 (20K)


OPEN SESSION


Called to Order: 10:10 a.m.

Adjourned: 1:40 p.m.

Roll Call:

Tom Bruno, Brian Currie, Carey Brown, Ned Thomson, William O'Brien, Tracy Smith,
Rondald Winthers, Susanne Culliton


Absent: Benjamin Hurst

Also Present: Jackie Bussanich; Sharon Barnes; DAG Robert Kelly; Marc Greenfield; Sharon
Fenstermacher; Richard Bowman; Sue Grant; Cheryl Chianese; DAG Jeff Ignatowitz;
Mary Ellen Rathbun; Amy Cervosky; Lisa Pointer; Valerie McManus; Sgt Garlington;
Karen Hahn; Nicholas Pellitta, Attorney; Janet Petti; Matthew Rosen, Attorney; Darrin
Malone; Catherine Malone; Beatrice Plummer; Winston Smith; Robert Pinizzotto,
Attorney; Hank Schwedes; Lisa Byers; Curtis Curry; Terri Benson; Laura Stiles; Rick
Bernabe; Trooper DiGirolamo



OPEN SESSION

Minutes

Minutes from the meeting of May 18, 2016
Approved with corrections (Trustee Currie abstained.)


OPEN SESSION

Miscellaneous Issues

B-1

Guidance on the issue of Honorable Service
Directed DAG'S office to issue subpoena to employer

B-2 Guidance on the Issue of Honorable Service
Approved processing of Service retirement application
   


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 Smith, Dana
Division of Taxation 11/1/2011 5 Reconsidered and Denied Ordinary;
Continue in OAL
D-2 Cheung, Chi
Mercer Co Community
College
3/1/2016 5 Denied Ordinary, Offer Service
D-3 Valos, Lynn
Sussex County 3/1/2015 A Reconsidered and Approved
D-4 Butler, Jean
Union Co Bd of Social
Services
4/1/2016 Denied Ordinary, Offer Service
D-5 Lebegern, James

Burlington City 12/1/2015 5 Denied Ordinary, Offer Deferred
D-6 Williams, Traci
Dept of Banking &
Insurance
1/1/2016 5 Approved
D-7 Hanby, John
South Woods Prison 2/1/2016 B Denied Ordinary, Offer Service
D-8 Hernandez, Rosa
Plainfield City 10/1/2015 A Denied Ordinary, Offer Deferred
D-9 Munive, Gladys
Passaic Co Bd of Social
Services
6/1/2014 5 Approved (off payroll 2 years)
D-10 Monthly OD Grid       Approved (See list below)

ORDINARY DISABILITY APPROVALS

Member's Name

Effective
Date

Opt

Employer

Abrahamsen, James W

06/16

A

State Parole Board

Asrani, Devaki D

05/16

5

Disability Determinations

Baisley, George W

09/15

5

Pemberton Township BOE

Barrett, Veronica L

05/16

D

Dept. Of Children And Families

Barry, Deborah

03/16

A

Pennsauken Twp. BOE

Beebe, Roy D

04/16

B

Burlington County

Benedetto, Robin E

01/16

5

Judiciary

Benz, Ruth A

01/16

5

Camden City

Bochanski, Virginia M

07/16

A

Gloucester Co.

Brady, Michael P

01/16

B

Mountain View Youth

Campano, Anthony M

07/16

5

Bayonne City

Cintron, Jose R

06/16

A

Mercer County

Clark, Bey-Shan Ramsey

05/16

A

Forensic Psychiatric Hospital

Colvin-Vassell, Olivia J

08/15

5

Juv. Jus. Comm.

Connett, Robert Joseph

07/16

B

NJ Turnpike Authority

Conroy, Elizabeth

10/15

5

Judiciary

Every, Edward F

05/16

5

New Brunswick City

Grablow, Cathy

08/15

5

Woodbine Developmental Center

Griffin, Mahdee M

01/16

A

Motor Vehicle Commission

Hagan, Victoria

07/15

5

Southern State Correctional Facility

Hamilton, Sharon A

05/16

5

Unemployment Ins & Disability

Harris, Michelle

02/16

5

Essex County

Hart, Alan S

07/16

D

Burlington County College

Hatton, Cynthia A

11/16

C

Motor Vehicle Commission

Hillson, Abram L

05/16

A

NJ Housing & Mtg. 

James, Gloria J

02/16

5

Judiciary

Kaczmarek, Thomas A

07/16

5

Middlesex County

Kalogiros, Konstantinos J

01/16

5

Middlesex County

Kavalkovich, Joseph

07/16

2

Treasury-Division Of Taxation

Kelesoglou, Karen S

04/16

D

Jersey City Public Schools

Kennedy, Maureen P

12/15

5

Motor Vehicle Commission

Kusiw, Bruno

07/15

5

Gloucester Twp. BOE

Lampley, Celeste Annie

03/16

5

Unemployment Ins & Disability

Lawless, Cathleen E

07/16

3

Bergen County

Lewis, Debra

01/16

5

Judiciary

Mcleod, Evelyn J

09/16

D

Paterson BOE

Nunn, Margaret

05/16

5

Seaside Heights Boro

Okeefe, Deanna Lynn

06/16

1

Div. Of Gaming

Orellano, Pedro A

09/16

5

Greystone Park Psychiatric Hospital

Patel, Mrudula A

04/16

D

Ancora Psychiatric Hospital

Payne, William F

06/16

5

Regional Operations Central

Pierre-Louis, Annecy

12/15

5

NJ Veterans Mem. Home

Ragan, Deborah

07/16

5

Belmar Boro BOE

Ragusa, Gary P

04/16

5

Wayne Township

Recine, Robert

09/16

5

Middlesex County

Redmond, Joseph

07/16

2

DHS Div Mental Health

Reinas, Toni J

01/16

5

Motor Vehicle Comm.

Riley, Pamela

04/16

C

Greystone Park Psych Hosp

Ross, Ellen A

09/16

5

Bergen Co Voc. School

Scholl, Diane W

09/16

1

Dept. Of Banking & Insurance

Serrano, Luz C

02/16

5

Elizabeth BOE

Shechter, Robyn

02/16

A

Freehold Reg. H S

Sullivan, Melsada

08/16

5

Passaic County

Thomas, Sharon A

02/16

D

Juv. Jus. Comm.

Ward, Michele

12/15

5

Berkeley Twp.

Young, Denise

07/16

5

VA - Paramus

Total - 55  


CLOSED SESSION

Accidental Disability 

 

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE
DATE

OPT

ACCIDENT
DATE

DECISION

E-1

Dunn, Rochelle Camden City 2/1/2016 A 5/21/2011
10/9/2014
Denied Accidental Granted Ordinary
E-2 Petti, B. Janet Ocean Co
Bd of Health
      Request to apply for accidental
disability retirement benefits Tabled
for further information on worker's
compensation; Continue to process
Service Retirement effective 8/1/15

E-3

Gullotta, Eileen Jackson Twp. BOE 3/1/2016 5 11/20/2014 Denied Accidental Granted Ordinary
E-4 Cannady, Conncetta Elizabeth BOE 3/1/2016 5 5/14/2012 Denied Accidental, Offer Service a)
Reconsidered and reaffirmed denial
b) Hearing Request - Approve

E-5

Warcawa, Marek Perth Amboy City 8/1/2016 5 3/23/2012
10/8/2013
Denied Accidental Granted Ordinary
E-6 Malone, Darrin
Ancora Psychiatric
Hospital
2/1/2016 B 3/29/2004
2/1/2006
2/26/2015
Tabled, Grant Interim Ordinary
Disability

E-7

McGuire, Linda Central Regional
H S Dist
3/1/2016 5 4/5/2013 Approved
E-8 Cunningham, Ruby Toms River
School Dist
2/1/2016 5 1/28/2014 Denied Accidental Granted Ordinary

E-9

Castro, Ricardo Atlantic City 12/1/2015 D 2/1/2011
12/19/2013
Denied Accidental, Offer Service
(less than 10 years)
E-10 Byers, Arthur Ocean County 6/1/2016 A 1/3/2013
7/21/2015
Approved Accidental on the 1/3/13
incident

E-11

Carpenter, Deminko Turnpike Auth 10/1/2015 5 9/16/2013 Denied Accidental Granted Ordinary
E-12 Plummer, Beatrice Rutgers Univ 9/1/2015 5 11/9/2014 Denied Accidental, Offer Deferred

E-13

Olson, Gary Camden Co Bd of
Chosen Frhldes
7/1/2016 5 1/15/2015 Approved



OPEN SESSION

Retirement Issues

F-1+ Berrevoets, John - CPM- Project Management - Honorable Service
No Forfeiture (not job related) (Retirement Bureau)
F-2 Konstas, Maria - Morris-Union Jointure Comm - Honorable Service
Partial Forfeiture of service and salary from January 1, 2014 through termination of
employment
(Retirement Bureau, Audit)
F-3+ Curry, Curtis - Motor Vehicle Commission - Honorable Service Deferred
retirement
Denied (dimssed for cause) (Retirement Bureau)
F-4 Tyson, David - Clearview Regional BOE - Honorable Service
Partial Forfeiture of service and salary from November 1, 2002 through termination of
employment; Only eligible for withdrawal (Retirement Bureau)
F-5+ Benson, Terri - Dept of Community Affairs - Issue of Bona Fide
retirement; Appeals payment of pension contributions
Cancel retirement; re-enroll; repay contributions; repay overpaid retirement benefits;
(Enrollments, External Audit, Retirement Bureau)
   

OPEN SESSION


Hearing Decisions

G-1 Zayas, Wilda - Union Co Bd of Social Services - Initial Decision
ALJ reversed the Board's decision and has determined that the petitioner should continue
ordinary disability retirement benefits
Adopted ALJ's decision
G-2 Mabie, Benjamin - Lakehurst Borough - Initial Decision ALJ decision granting
the Board's motion for summary decision and denying the petitioner's motion for summary
decision. Mr. Mabie is ineligible for PERS membership effective January 1, 2008 in
accordance with N.J.S.A. 43:15A-7.2(a); Exceptions; Reply to Exceptions
Adopted ALJ's decision; note exceptions; note reply to exceptions
G-3+ Lee, William - Gloucester City - Initial Decision ALJ affirmed the Board's
decision denying accidental disability retirement benefits but grants ordinary disability
retirement benefits effective February 1, 2011 under Option A; Exceptions filed by
Petitioner; Exceptions filed by DAG
Adopted ALJ's decision rejecting conclusion that the October 2, 2008 incident was
undesigned and unexpected. Note exceptions by petitioner and DAG
G-4 Rodriguez, Jesus - MVC - Shared Services - Initial Decision ALJ
affirmed the Board's decision denying accidental disability retirement benefits
Adopted ALJ's decision
G-5 Massaro, Michael - Judiciary/Cumberland County - Initial Decision ALJ upheld
the Board's denial of Ordinary Disability retirement benefits; Exceptions; Reply to
Exceptions
Adopted ALJ's decision; note exceptions; note reply to exceptions
G-6 Bryant, Wayne - Multiple Locations - Initial Decision ALJ upheld the Board's
decision to impose total forfeiture of pension benefits; Exceptions; Reply to Exceptions
Adopted ALJ's decision; Note exceptions; note reply to exceptions
G-7 Libonati, Ellen - Dept of Children & Families - Initial Decision ALJ upheld the
Board's denial of Accidental Disability retirement benefits
Adopted ALJ's decision; (DAG Robert Kelly recused)
G-8 Ragusa, Marian - Middle Twp - Initial Decision ALJ upheld the Board's decision
terminating Ms. Ragussa's enrollment in PERS in accordance with N.J.S.A. 43:15A-7.2
Adopted ALJ's decision; The ALJ upheld the Board's decision that Ms. Ragusa is not
eligible for PERS service credit for the years that she was the Middle Twp. Municipal
prosecutor in accordance with N.J.S.A 43;15A-7.2 (External Audit, Retirement Bureau,
Audit Section)
G-9 Green, Shirley - NJ Veterans Memorial Home, Vineland - Initial Decision ALJ
reversed the Board's decision which denied Ordinary Disability retirement benefits;
Exceptions
Adopted ALJ's decision; note exceptions; modify to correct the ALJ's misstatement of the
standard for Ordinary Disability. Grant ordinary disability retirement benefits effective July 1,
2012 under maximum option.
G-10 Frankowski, John - Sussex - Hearing Withdrawals
Noted
G-11 Thompson, Charlene - Mercer County - Hearing Withdrawals
Noted
   

OPEN SESSION


Hearing Requests

H-1 Diggs, Arthur - Burlington City - Appeals the Board's denial of accidental
disability retirement benefits
Approved
H-2 Estrada, Mauricio - Paramus BOE - Appeals the Board's denial
of accidental disability retirement benefits
Approved
H-3 Howell, Christopher - Dept of Children & Families - Appeals the Board's denial
of Ordinary Disability retirement benefits
Approved
H-4 Healy, Patrick - Aberdeen Twp - Appeals the Board's denial of
PERS eligibility under N.J.S.A. 43:15A-7.2(a), effective January 1, 2008
Approved
H-5 Shafron, Taras - Traffic Operations North - Appeals the Board's denial of
Accidental Disability retirement benefits
Approved
H-6+ Byers, Lisa - SER - P.A.F.A. - Appeals the denial of request to apply for
accidental disability retirement benefits - Beyond 45 days
Approved
   



OPEN SESSION

Active Membership Issues

J-1 Sahaj, Frank - Mountainside Borough - Termination of PERS pursuant to Ch.
92, P.L. 2007; Request to Postpone until September
Approved request to postpone until September
J-2+ Pinizzotto, Robert - Buena Vista/ Hamilton Twp. - Termination of PERS
pursuant to Ch. 92. P.L. 2007
Buena Vista - Not eligible for PERS based on N.J.S.A 43:15A-7.2 (a) effective January 1,
2008. Hamilton Twp. - Not eligible for PERS based on N.J.S.A 43:15A-7.2 (a) and (b)
(External Audit, Retirements, Audit)
   


OPEN SESSION

Death Claim Issues

K-1+ Stiles Laura for, Michael (de'd) - Township of Long Beach - Accidental Death
Approved
   


OPEN SESSION

Informational Issues

L-1 Appellate Division Decisions Barry Lennon vs. PFRS
Noted
L-2 Appellate Division Decisions David Varga vs. PFRS
Noted
L-3 Appellate Division Decisions Eric Levinson vs. TPAF
Noted
L-4 Common Pension Fund D As of April 30, 2016
Noted
L-5 Appellate Division Decisions K.K.N. vs PFRS
Noted
L-6 Wire Transfers PERS Contributory Group Insurance Policy - #13900 for April 2016
Noted
L-7 Wire Transfers PERS Non-Contributory Group Insurance Policy - #14800 for April 2016
Noted
L-8 Trial Balance For April 30, 2016
Noted
   
   


OPEN SESSION

Reports

M-1 Outside legal counsel invoice dated April 30, 2016
Approved (Trustees Culliton, Winthers, Thomson and DAG Kelly recused)
M-2 Outside legal counsel invoice dated April 30, 2016
Approved (Trusees Culliton, Winthers, Thomson and DAG Kelly Recused)
   

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

The next meeting of the Board will be held on July 20, 2016.

 
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