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Pensions and Benefits
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
JULY 18, 2012
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 2012 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 15, 2011.

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 (7K)


OPEN SESSION


Called to Order: 10:07 AM

Adjourned: 3:52 PM

Roll Call:

Leon Flanagan, Pete Maurer (left 2:30), Max Hurst, Ned Thomson, Thomas Bruno, Susanne Culliton, Ron Winthers (arrived 10:32)


Absent: William O'Brien and Suzanna Buriani-DeSantis

Also Present: DAG Kellie Pushko; Hank Schwedes; Kathy Coates; Jackie Bussanich; Amy Mazzeo; Marylou Mayoros; Valerie McManus; DAG Chris Tattory; AAG Robert Stoloff; Doug Martucci, Kierney Corliss; Susan Barrett; Mike Czyzyk; Wendy Jamison; Bob Bobik, NJEA; Raschelle Wiggins; Sharon Fenstermacher; Sunanda Rana; Janice Nelson; Mark Schwedes; Pamela Espenshade, OLS; Samuel Halpern, attorney; Gerald Lomski; Angelo Bonanno; Stephen Trimboli, attorney; Jane Feigenbaum; Linda Maalouf, attorney; David Clark; Theresa Todd; John Hendricks; Thomas Melani, attorney; Judith Melani; DAG Robert Kelly via telephone; Komal Saraf; Jeff Dickert, UMDNJ; Denise Bodnar; Michael Freiday; Michael Angelini; Ellis Medoway, attorney; William Meadows; Randall Tranger, attorney; Steven Marshall, attorney



OPEN SESSION

Minutes

Minutes from the meeting of June 20, 2012
Approved


OPEN SESSION

Miscellaneous Issues

B-1

Reorganization of Board Members
Chairman - Leon Flanagan
Vice-Chairperson - Thomas Bruno
State Investment Council - Pete Maurer (term: July 2011 - June 2014)
Finance Committee - Postponed until necessary



OPEN SESSION

Retirement and Death Lists

C-1

Active and Retired Death Lists

C-2
Retirement List
Approved
C-3
Chapter 221
Approved


CLOSED SESSION

Ordinary Disability

 
MEMBER'S NAME
AND NO.
EMPLOYER
EFFECTIVE
DATE
OPT
DECISION
D-1 Tremper, Richard
Mt. Laurel Twp.
3/1/2009
C
Reinstatement from Disability
Approved
D-2 Freiday, Michael
Dept. of Environmental Protection
5/1/2011
B
a) Honorable Service - Partial Forfeiture; Forfeit service and salary from 12/31/05 through termination
b) Ordinary Disability - Approved
D-3 Kissack, Dana
Ramapo Indian Hills Regional High School District
5/1/2011
5
Reconsidered and Denied Ordinary; Offer Deferred
D-4 Dobos, Cheryl
Mount Laurel Twp. BOE
3/1/2012
D
Denied Ordinary, Offer Deferred
D-5 Santlucia, Joseph
North Brunswick Twp.
1/1/2012
5
Denied Ordinary, Offer Deferred
D-6 Furman, Raymond
Motor Vehicle Commission
5/1/2012
5
Denied Ordinary, Offer Deferred
D-7 Gibisser, Mary
County of Warren
11/1/2011
5
Denied Ordinary, Offer Service
D-8 Siino, Barbara
Eatontown BOE
7/1/2008
1
Reconsidered and Approved
Ordinary; Withdraw from OAL
D-9 Monthly OD Grid    
 
Approved (See list below)
D-10 Boges, Bobbi Lynn Juv. Jus. Comm
9/1/2011
5
Denied Ordinary, Offer Deferred

ORDINARY DISABILITY APPROVALS

Member's Name

Effective
Date

Opt

Employer

Addo, Beatrice

05/12

A

UMDNJ

Allen, Winifred L

04/12

1

Paramus VA

Alvarez, Sonia

08/12

A

Vineland Developmental Center

Armenti, Louise

12/12

5

Judiciary / Middlesex County

Ayala, Aida I

06/11

C

Vets Memorial Home at Menlo Park

Benito, Lyndsey M

07/12

5

Union Co Educ Serv Commission

Bentzinger, Karen

07/12

A

Delaware Valley Reg H S Dist

Burley, Angela

03/12

5

Dept of Children and Families

Caminiti, Peter J

08/12

5

Bergen County

Casale, Barbara A

10/12

5

Randolph Township BOE

Collins, Michael

03/12

5

Regional Operations North

Comba, Joyce Murietta

07/12

1

Hagedorn Gero-Psych. Hospital

Damato, Janine L

04/12

1

Somerset Co Board of Social Services

Deery, Sandra J

07/12

5

Lindenwold Borough BOE

Dorsey, Joan P

05/12

5

Roselle Boro BOE

Gilmore, Robert C

06/12

B

Newton BOE

Gofa, William J

07/12

A

Freehold Reg H S District

Gorman, Lisa Patricia

01/12

5

Dept of Children and Families

Hall, Jeffrey J

12/12

A

Manalapan Township

Lovell, Robin L

12/11

5

Millburn Twp Public Schools

Martin, Sonya

06/12

5

Atlantic County

Mathis, Litea D

05/12

D

Greenbrook Regional Center

Milhomens, Leandro S

09/12

5

Union County

Morris, Vincent

08/12

5

UMDNJ

Rosania, Mary

02/12

5

Somerset County Finance Office

Ruiz, Ernesto

10/12

A

Hudson Co School of Technology

Sanchez, Jose A

07/12

1

New Brunswick BOE

Shehab, Tawfik M

08/12

D

Bergen County

Stephens, Patricia S

07/12

B

Passaic Board of Education

Sturtevant, Susan I

11/11

1

Comm for the Blind/Visually Impaired

Tassone, Robert

04/12

B

Medford Township
Tabernacle Township

Van DeSande, Joyce C

07/12

5

Jackson Township BOE

Total = 32

CLOSED SESSION

Accidental Disability 

 

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE DATE

OPT

ACCIDENT
DATE

DECISION

E-1

Libonati, Ellen
Dept. of Children and
Families
3/1/2010
A
7/14/2008
Reconsidered and Denied
Accidental; Continue in OAL
E-2 Grayson, Cassandra
New Jersey State
Prison
6/1/2012
5
6/11/2010
Denied Accidental, Offer Service

E-3

Hilton, Vernell
Dept. of Children and
Families
3/1/2012
1
4/1/2009
8/7/2009
Denied Accidental Granted Ordinary
E-4 Liriano, Rafael
Palisades Interstate
Park Commission
4/1/2010
5
7/12/2006
11/13/2006
Reconsidered and Denied
Accidental; Continue in OAL

E-5

Matthews, Josieanne
Dept. of Children and
Families
12/1/2011
B
8/16/2010
Approved
E-6 Beasley, Marvin
Newark Public
Schools
2/1/2012
5
10/20/2009
Denied Accidental, Offer Service
effective 11/1/12

E-7

Walsh, Margaret
Trenton Psychiatric
Hospital
1/1/2012
5
4/20/2010
Approved
E-8 LeMatty, Edward
Correct-Bayside State Prison
11/1/2011
5
11/18/2006
Approved

E-9

Wesley, Lynn
Dept. of Children and
Families
3/1/2012
1
9/28/2009
9/14/2010
Denied Accidental, Withdrawal only
(no incident report on file for 9/28/09)
E-10 Williamson, Marie
Dept. of Children and
Families
8/1/2012
5
2/15/2007
Denied Accidental Granted Ordinary

E-11

Menges, Raymond
Monmouth County
11/1/2011
A
7/24/2010
Approved
E-12 Newell, Levy
UMDNJ
7/1/2010
1
8/4/2006
Approved

E-13

Castro, Dilia
Burlington County
Inst. of Tech.
1/1/2013
1
8/30/2010
12/21/2011
Approved Accidental on 12/21/11 incident
E-14 Larose, Joyce
UMDNJ
7/1/2011
5
6/24/2008
5/21/2010
Approved

E-15

Clayton, Joseph
County of Burlington
12/1/2011
1
2/16/2011
Approved
E-16 Colon, German
Morris Hills Regional
District
5/1/2011
5
3/15/2010
Reconsider under BROOKS
Reconsidered and Denied
Accidental; Continue in OAL

E-17

Allen, Patrick

Borough of Hawthorne
5/1/2010
5
2/21/2006
12/31/2009
Reconsider under BROOKS
Reconsidered and Approved
Accidental; Withdraw from OAL



OPEN SESSION

Retirement Issues

F-1+ Clarke, David - Regional Operations Central - Honorable Service
No Forfeiture (Retirement Bureau)
F-2+ Todd, Theresa - Mountainview Youth Corr. Fac - Honorable Service
No Forfeiture (Retirement Bureau)
F-3 Mattison, Jackie - Newark City - Honorable Service Request to Postpone until August 15
Approved request to postpone
F-4+ Feigenbaum, Jane - Trenton City - Request retroactive retirement date
Denied and request to consolidate in OAL
F-5+ Hendricks, John - Ramsey Borough - Disability return to employment
Repay lesser of pension or salary earned after retirement (Retirements)
F-6+ Lomski, Gerald - Bergen County - Return to Employment
Repay lesser of pension or salary earned after retirement; Repay amount over earnings test
(Retirements)
F-7+ Saraf, Komal - Dept. of Children and Families - Return to Employment
Repay lesser of pension or salary earned after retirement; Repay over 10 year period
(Retirements)
F-8+ Bodnar, Denise - South Brunswick BOE - Issue of Creditable Compensation
Denied



OPEN SESSION


Hearing Decisions

G-1 Cordero, Severo - Jersey City Housing Authority - Appellate Division Decisions Appellate Court upheld the Board's denial of Accidental Disability retirement benefits
Noted
G-2 Frost, Tina - Division of Criminal Justice - Appellate Division Decisions Appellate Court Judge upheld the Board's denial of service credit under Prosecutors Part of PERS
Noted
G-3 O'Reilly, Lawrence - Division of Law - Initial Decision ALJ affirmed the Board's decision of denying the petitioner's enrollment in the Prosecutors Part of the PERS durning his period of employment until he was transferred in November 2006 to represent Homeland Security. Petitioner is not eligible to receive a Prosecutors Part pension; Exceptions;Reply to Exceptions
Adopted ALJ decision; Noted exceptions; Noted reply to exceptions
G-4+ Melani, Judith - North Jersey Development Center - ALJ upheld the Board's denial of Accidental Disability retirement benefits; Exceptions; Reply to Exceptions
Adopted ALJ decision; Noted exceptions; Noted reply to exceptions
G-5+ Bonanno, Angelo - Hillside BOE - Settlement Proposal
Request remand to Board from Appellate Court for consideration of factual issues; Request
Appellate Court retain jurisdiction
G-6 Martinez, Maria - Rutgers University - Initial Decision ALJ upheld the Board's denial of Ordinary Disability retirement benefits
Adopted ALJ decision



OPEN SESSION


Hearing Requests

H-1 Giannone, Alan - Bloomfield Township - Appeals the Board's denial of Accidental Disability retirement benefits
Approved
H-2 Deleonardo, Gerard - Juv. Jus. Comm/Community Prog. - Appeals the Board's denial of Ordinary Disability retirement benefits
Approved
H-3 Medina, Nancy - Department of Children and Families - Appeals the Board's denial of Ordinary Disability retirement benefits
Approved
H-4 McGuire, James - Division of Law - Appeals the Board's denial to waive additional interest on loan
Denied (Trustee Culliton recused.)
H-5 Glassey, Stanley - Egg Harbor Twp. Mun Util Auth - Appeals the Board's decision that he did not have a bona fide retirement
Approved
H-6 Zagorski, William - Union County College - Appeals finding of non bona fide retirement
Approved
H-7 Mealey, John - Division of Youth & Family Services - Appeals the Board's denial of Accidental Disability retirement benefits
Approved
H-8+ Smith, Dana - Treasury-Division of Taxation - Appeals the Board's denial of Ordinary Disability retirement benefits
Approved
H-9 Engelman, Joann - NJ Economic Dev Authority - Appeals the Board's denial of Ordinary Disability retirement benefits
Approved
H-10 Downing, Crystal - Motor Vehicle Commission - Appeals the Board's denial of Accidental Disability retirement benefits
Approved
H-11 Cooper, Kim - Judiciary/Passaic County - Appeals the Board's denial of Ordinary Disability retirement benefits
Approved
H-12 Sacks, Donald - Mercer County Community College - Appeals the Board's denial of a non bona fide retirement
Approved
H-13 Vizcarrondo, Mariana - Jersey City Free Public Library - Appeals Board's denial of Accidental Disability retirement benefits
Approved
H-14 Blue, Teresa - NJ Turnpike Authority - Appeals the Board's denial of Accidental Disability retirement beneifts
Approved
H-15 La Pira, Joseph - City of Linden - Appeals the Board's denial of Ordinary Disability retirment benefits
Approved



OPEN SESSION

Active Membership Issues

J-1+ Angelini, Michael - Enrollment Eligibility
Denied enrollment eligibility (Enrollment Bureau)


OPEN SESSION

Death Claim Issues

  None


OPEN SESSION

Informational Issues

L-1 Common Pension Fund E As of May 31, 2012
Noted
L-2 Common Pension Fund A As of May 31, 2012
Noted
L-3 Common Pension Fund B As of May 31, 2012
Noted
L-4 Appellate Division Decisions Fabian Fazzari vs. PFRS
Noted
L-5 PensionNews
Noted
L-6 Appellate Division Decisions John Taylor vs. PFRS
Noted
L-7 Trial Balance for May 31, 2012
Noted

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

The next meeting of the Board will be held on August 15, 2012.

 
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