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Pensions and Benefits
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
June 21, 2017
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 2017 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on December 20, 2016.

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
Special - none
Totals Adobe PDF (20K)


OPEN SESSION


Called to Order: 10:10 a.m.

Adjourned: 12:45 p.m.

Roll Call:

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


Absent: None

Also Present: Jackie Bussanich; Sharon Barnes; DAG Robert Kelly; Amy Cerovsky; Valerie McManus; Cheryl Chianese; William Tedder; Mike Salerno, NJEA; Kristin Conover; Sue Grant; Sunanda Rana; Mary Ellen Rathbun; Rebecca Guina; Albert Passenti; Maria Passenti; Samuel Halpern, attorney; Kathleen Marmo; James Amicone; Carol Amicone; Anita Alliston; Mark Alliston; David Beckett, attorney; Leon Brooks; Benjamin Lockspeiser, attorney; Trooper Sand



OPEN SESSION

Minutes

Minutes from the meeting of May 17, 2017
Approved (Trustees Bruno and Winthers abstained.)

Minutes from the meeting of June 06, 2017
Approved


OPEN SESSION

Retirement and Death Lists

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

CLOSED SESSION

Ordinary Disability

 
MEMBER'S NAME
AND NO.
EMPLOYER
EFFECTIVE
DATE
OPT
DECISION
D-1 Bauman, Donna NJ Turnpike Authority 3/1/2016 5 Off payroll over 2 years Approved
D-2 Suttle, Ralph Cumberland County 10/1/2016 A Off payroll over 2 years Denied Ordinary, Offer Deferred (not disabled when left employment)
D-3 Piatti-Reid, Abby West Milford Twp BOE 7/1/2016 5 Reconsidered and Approved
D-4 D'Amrosio, Daniel Div. of Gaming Enforcement 1/1/2017 5 Denied Ordinary, Offer Deferred
D-5 Nole, Sandra Judiciary/Passaic County 5/1/2017 5 Approved with 1 year exam
D-6 Brice, James Newark Public Schools 9/1/2014 C Off payroll over 2 years Approved
D-7 Fitzpatrick, Troy Judiciary/Mercer County 2/1/2017 3 Denied Ordinary, Offer Deferred
D-8 Monthly OD Grid       Approved (with supplement)
(See list below)

ORDINARY DISABILITY APPROVALS

 


CLOSED SESSION

Accidental Disability 

 

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE
DATE

OPT

ACCIDENT
DATE

DECISION

E-1

Palmieri, Viola Ocean County 11/1/2016 A 5/21/2012 Reconsidered and Denied Accidental; Approve OAL hearing request
E-2 Smith, George Bayshore Reg Sewerage Authority 1/1/2017 A 8/3/2015 Denied Accidental Granted Ordinary

E-3

Russell, Thomas Vineland Developmental Center 2/1/2015 D 4/17/2013 Denied Accidental Granted Ordinary
E-4 Oborne, Diane Wall Township BOE 4/1/2017 5 12/18/2014 Approved

E-5

Vargas, Luis Morris School District 8/1/2016 D 4/1/2015 Denied Accidental; Continue Ordinary
E-6 Brennan, Michael Union Beach Boro BOE 1/1/2016 5 8/27/2014 9/3/2015 Denied Accidental; Continue Ordinary

E-7

Parrish-Rossi, Harriette Wayne Township 1/1/2017 5 7/25/2012 Tabled for additional information
E-8 Goff, Helen Monroe Twp 1/1/2017 5 11/8/2015 Denied Accidental Granted Ordinary
E-9 Johnson, Gregory South Jersey Trans Authority 4/1/2017 D 12/16/2014 Approved

E-10

Guina, Rebecca Greystone Park Psych Hospital 5/1/2017 1 5/8/2016 Approved
E-11 Price, Lloyd BurlingtonCounty/Payroll Dept 4/1/2017 A 9/1/2015 Denied Accidental Granted Ordinary
E-12 Delvalle, Fernando Atlantic City BOE 10/1/2016 5 10/15/2008 Tabled for additional review
E-13 Zollo, Vincent Woodbridge Township BOE 10/1/2016 A 1/13/2011 Denied Accidental Granted Ordinary
E-14 Mazzetti, George North Bergen Township 1/1/2017 3 3/21/2015 Approved



OPEN SESSION

Retirement Issues

F-1 Passenti, Albert - NJ Turnpike Authority - Request to change Option 2 beneficiary Denied Option Change
F-2 Flora, Glenn - Hudson County - Honorable Service No action on honorable service (charges not related to employment); Approve Early retirement, effective October 1, 2015, under maximum option (Retirements )
F-3 Swepson, Thomas - NJ Turnpike Authority - Requests option change; Request to Postpone Approved postponement until July 19, 2017
F-4+ Marmo, Kathleen - Totowa Borough BOE - Honorable Service Partial Forfeiture ; Forfeit percentage (27%) of retirement benefits based on dishonorable service (9 yrs) over total years of service (33 yrs, 6 mos); Apply prospectively (Retirements)
F-5+ Amicone, James - Riverfront State Prison - Return to Employment Repay salary earned as a result of return to employment; Continue Ordinary Disability retirement benefits (External Audit, Retirements)
   

OPEN SESSION


Hearing Decisions

G-1 Darby, Diane - Hudson County - Hearing Withdrawals Noted
G-2 Apkarian, Gregory - Cliffside Park Borough - Initial Decision ALJ reversed the Board's decision granting accidental disability retirement benefits effective November 1, 2014 under Maximum option Adopted ALJ Decision ( DAG Robert Kelly recused.)
G-3 Lanza, Robert - Fair Lawn BOE - Hearing Withdrawals Noted
G-4 Butler, Jean - Union Co Bd of Social Services - Hearing Withdrawals Noted
G-5 Garrett, Kristina - Passaic County - Hearing Withdrawals Noted
G-6 Rodriguez, Sandra - Atlantic City BOE - Hearing Withdrawals Noted
G-7 Hernandez, Rosa - Plainfield City - Hearing Withdrawals Noted
G-8 Metzler, Dorothea - Ancora Psychiatric Hospital - Hearing Withdrawals Noted
G-9 Brooks, Leon - Rutgers University - Initial Decision ALJ reversed the Board's decision and granted ordinary disability retirement benefits effective September 1, 2013 under Maximum option; Exceptions Adopted ALJ Decision; Reject ALJ's reliance on social security; Note Exceptions
G-10 Stankowski, Jenny Ann - Winslow Twp BOE - Initial Decision ALJ reversed the Board's decision and granted accidental disability retirement benefits effective November 1, 2011 under Maximum option; Exceptions; Request to postpone in order to allow additional time to file reply to exceptions Approve postponement to file reply to exceptions
G-11 Acevedo, Stacey - Juv. Jus. Comm. Central Office - Appellate Division Decisions the Appellate Court upheld the Board's decision denying Ordinary Disability retirement benefits Noted
G-12 Angelini, Michael - Appellate Division Decisions The Appellate Court upheld the Board's decision that Mr. Angelini is not eligible for PERS membership as a result of his employment with the Borough of Clayton, Gloucester County Board of Social Services, West Deptford Twp, Borough of Paulsboro, South Jersey Transportation Auth., Mantua Twp., South Jersey Port Corporation, and Gloucester County Improvement Auth. The Appellate Court remanded the matter to the Board to determine if any adjustments or credits are due for employment with East Greenwich, Monroe, Gloucester and Oaklyn. The Board confirmed that the disqualification from the 8 locations dropped him below 10 years of service credit with the remaining 4 locations. His account was over 2 years without contributions and his contributions from these locations have been refunded to him. No further action is required.
G-13 Murphy, Bonnie - Wall Twp BOE - Initial Decision ALJ reversed the Board's decision and granted ordinary disability retirement benefits; Exceptions; Reply to Exceptions Adopted ALJ Decision; Reject the legal conclusions that she was not disabled at the time she resigned in June 2012; Note exceptions; note reply to exceptions
G-14 Colon, Sandra - Camden Co. Bd of Chosen Freeholders - Initial Decision ALJ affirmed the Board's decision denying acciental disability retirement benefits. Exceptions; Reply to Exceptions Adopted ALJ's Decision
G-15 Goerg, Virginia - Glen Rock Borough BOE - ALJ granted notion for summary decision the Board dismissed the appeal regarding denial to file accidetnal disability retirement benefits; Exceptions; Request to postpone to file Reply to Exceptions Approve postponement to allow time to reply to exceptions (DAG Robert Kelly recused.)
G-16 Chiodi, John - Gloucester City - Settlement Proposal Approved
   

OPEN SESSION


Hearing Requests

H-1 Giacalone, Arlene - Wall Township BOE - Appeals the Board's denial of accidental disability retirement benefits Approved
H-2 Monahan, Patty Lynn - Regional Operations South - Appeals the Board's denial to apply for accidental disability retirement benefits Approved
H-3 Hewko, Jon - Unemployment Insurance & Disability - a) Reconsideration - Denied b) Hearing Request - Appeals the Board's partial forfeiture due to dishonorable service - Approve
H-4 Coronato, Joseph - Ocean County - Appeals the denial of PERS eligibility effective December 1, 2007 pursuant to NJSA 43:15A-7.2(a) and NJSA 43:15A-7.2(b) Approved
H-5 Bernal, Argentina - Rutgers University - Appeals the Board's denial of accidental disability retirement benefits Approved
H-6+ Alliston, Anita - Seaside Heights Boro - a) Reconsideration b) Hearing Request - Appeals the Board's denial of creditable compensation Reconsidered and Approved salary as creditable compensation (Audit, Retirements)
H-7 Villanueva, Francisco - Franklin Twp BOE - Appeals the Board's decision that he should be reinstated to his former position as he is no longer totally and permanently disabled Approved
H-8 Betancourt, Gonzalo - Middlesex BOE - Appeals the Board's denial of accidental disability retirment benefits Approved
H-9 Novoa, Rose - Long Branch BOE - Appeals the Board's denial of accidental disability retirement benefits Tabled to review additional information
H-10= Benham, Andrea - Dept of Children & Families - Appeals the Board's denial of accidental disability retirement benefits Approved
   


OPEN SESSION

Active Membership Issues

J-1

Sahli, Ronald - Sterling High School District - Eligibility for PERS membership pursuant to Ch. 92, P. L. 2007 - Removed for further administrative review Withdrawn from agenda

J-2 Siciliano, Salvatore - Edgewater Park Township - Eligibility for PERS membership pursuant to Ch. 92, P.L. 2007 Denied PERS membership with Edgewater Park Twp. and Magnolia Borough effective January 1, 2008 in accordance with N.J.S.A. 43:15A-7.2(a) (Enrollments, Audit)
   


OPEN SESSION

Informational Issues

L-1 Appellate Division Decisions Anne Truzzolino vs. PFRS Noted
L-2 Order of Pension Forfeiture - Washington Borgono Noted (refer to retirements)
L-3 Trustee Election PERS contributory group insurance policy #13900 Noted
L-4 Wire Transfers Non-contributory group insurance policy#14800 benefit claims Noted
L-5 Common Pension Fund D As of April 30, 2017 Noted
L-6 Common Pension Fund E As of April 30, 2017 Noted
L-7 Appellate Division Decisions Maria Grieco-Hicks vs. TPAF Noted
L-8 Common Pension Fund E As of May 31, 2017 Noted
L-9 Wire Transfers PERS contributory group insurance policy #13900 Noted
L-10 Wire Transfers Non contibutory group insurance policy #14800 benefit claims Noted
L-11 Common Pension Fund D As of May 31, 2017 Noted
   


OPEN SESSION

Reports

M-1 New Business Outside legal counsel invoice dated May 30, 2017 Approved (Trustees Culliton, Trustee Winthers and DAG Robert Kelly recused)
M-2 The Board requested additional guidance from the Attorney General's Office regarding employers who are not complying with N.J.S.A. 43:4A-1 (Time off with pay to attend PERS Board meetings.)


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

The next meeting of the Board will be held on July 19, 2017.

 
 
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