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PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AUGUST 15, 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: 10:10 a.m.

Adjourned: 4:40 p.m.

Roll Call:

John Lowden, Jonathan Berg, Suzanna Buriani-DeSantis, Ronald Winthers, Christine Veliz, Thomas Bruno, Ned Thomson (arrived 10:30), Fred Beaver* (left at 2:35)            
*Janice Nelson (arrived at 2:40 to sit as Treasurer’s representative in Trustee Beaver’s absence)


Absent: Leon Flanagan

Also Present: DAG Kellie Pushko; Kathleen Coates; Jackie Bussanich; Virginia Matucci; Mary Lou Mayoros; Janice Nelson; Mark Schwedes; Valerie Tarr; Luann Barnett; Amy Mazzeo; Wendy Jamison; DAG Eileen DenBleyker; Susanne Culliton; AAG Nancy Kaplan;  Shirley Allen; Victoria Bramson, attorney; Bob Bobick; Mike Czyzyk; Christopher Hagerman; Marcie Mackolin, attorney; Barry Bowers; Scott Smith, attorney; Louis Milone; Christine Milone; Robert Fagella, attorney; Mary Ann Chalow; Michael Mouber; Richard Friedman, attorney


OPEN SESSION

Minutes

Minutes of the meeting of July 18, 2007 - Approved (Trustees Buriani-DeSantis and Veliz abstained.)

Finance

A-1 Common Pension Fund D as of May 31, 2007 - Approved
A-2 Common Pension Fund A as of June 30, 2007 - Approved
A-3 Common Pension Fund B as of June 30, 2007 - Approved
A-4 Common Pension Fund E as of December 31, 2006 - Approved

Miscellaneous Issues

B-1

DAG advice regarding prosecutors part of PERS - Discussion held in Executive Session

B-2

DAG advice regarding prosecutors part of PERS - Discussion held in Executive Session

Retirement and Death Lists

C-1

Active and Retired Death Lists For 7/24/07 - Approved

C-2

Return to Employment - Approved

C-3

Retirement List - Approved

C-4 Chapter 221 - Approved


CLOSED SESSION

Ordinary Disability

D-1

Hagopian, George - Hudson County - Effective September 1, 2007 - Maximum Option - Approved

D-2

Ordille, Judith - Ancora Psychiatric Hosp - Effective August 1, 2007 - Option B - Approved

D-3

Berger, Robert - Town of Guttenberg - Effective December 1, 2006 - Maximum Option - Involuntary - Approved

D-4+

Hagerman, Christopher - DEP - Effective July 1, 2004 - Option 2
a) Honorable Service - No basis to review honorable service
b)  Ordinary Disabiliity - Tabled for clarification from IME and employer

D-5

Hamilton, Barbara - Newark Public Schools - Effective July 1, 2007 - Maximum Option - Reconsideration - Reaffirmed Denial; Offer Deferred

D-6

Williams, Jean - Point Pleasant Boro BOE - Effective January 1, 2007 - Maximum Option - Approved

D-7

Scorzetti, William - Lodi BOE - Effective June 1, 2007 - Maximum Option - Approved w/1 year re-exam

D-8
Adkins, Gregory - Community Affairs - Effective July 1, 2007 - Option C - Tabled for IME
D-9

Olson, Cheryl - Ocean County Library - Effective December 1, 2006 - Maximum Option - Approved w/1 year re-exam

D-10

Williams, Delsa - County of Hudson - Effective November 1, 2004 - Maximum Option - Reconsideration of OAL Case - Denied; Continue in OAL

D-11
Cook, Bette - Holmdel BOE - Effective July 1, 2007 - Maximum Option - Denied; Offer Service
D-12

Ordinary Disability Grid w/Supplement - Approved (see below list)

Member's Name

Effective Date

Opt

Employer

Archer, Patricia Ann

04/07

1

Northern Burlington Co Reg

Atkinson, Harold S

10/07

A

Neptune Twp BOE

Bader, Herbert Sr.

06/07

3

Woodbine Developmental Center

Barrett, Elaine

06/07

5

West Milford Township

Bauchkey, Geraldine R

04/07

1

Edison Twp BOE

Blessing, Shirley A

08/07

5

Rutgers University

Bollentin, Paula

06/07

5

South River Borough

Bostic, Benjamin F

07/07

D

Woodbridge Developmental Center

Bushman, Carol

04/07

5

Judiciary/Somerset County

Byrnes, John J

03/07

A

Ramapo College

Cargill, Joan M

05/07

5

Judiciary/Union County

Carr, John

11/07

2

CPM-Construction & Materials,

Ciranni, Giovanni

12/07

A

Camden Co Bd of Chosen Frhldrs

Collier, Phyllis Carol

07/07

5

Camden Co Health Services Center

Cooke, Nicola S

10/07

A

Monmouth County/Hall of Records

Dickson, Marie Ann

06/07

1

Greenbrook Regional Center

Edler, Lawrence

05/07

A

Wyckoff Township

Gardner, Michele

02/07

5

Irvington Township

Gibbs, Darryl

04/07

5

Newark Housing Authority

Gordon, Winifred

08/07

D

Essex County 

Harker, Debra A

08/07

C

Judiciary/Gloucester County

Hodges, Robert Sr

06/07

B

Middle Township

Holmes, Joely A

10/07

5

Paterson BOE

Hooker, William I

07/07

B

Judiciary/Mercer County

Hope, Ossielee

06/07

5

Judiciary/Union County

Jackson, Robert Sr

06/07

5

Plainfield City

Kalmes, Lisa Ann

02/07

5

Camden Co Bd of Chosen Frhldrs

Kodnevich, Stella M

06/07

5

Division Of Consumer Affairs 

Lyman, Alice

06/07

D

Trenton City BOE

Matthews, Kenneth Alan

09/07

D

Lincoln Park Borough

Mohamed, Virginia

06/07

B

Department of Labor

Money, Jocelyn Emma

06/07

5

Woodbine Developmental Center

Morgan, John D

09/07

C

Essex Co Vocational School

Pacillo, Filomena

08/07

5

Essex Co Vocational School

Pettit, Raymond J Sr

06/07

5

Vineland Developmental Center

Ravo, James Jr

07/07

C

Roxbury Twp BOE

Rutherford, Madelyne A

07/07

1

Maywood BOE/Maywood Borough

Saranin, Emma Louise

09/07

5

Dept. of Health

Schmidt, Linda Lee

07/07

1

Woodbine Developmental Center

Schuller, Francine

06/07

5

Edna Mahan Corr Fac

Serra, Genevieve C Ferrar

07/07

B

Gloucester County College

Sims, Renee

05/07

1

Jersey City Public Schools

Smishkewych, Margarita

07/07

5

Judiciary/Union County

Smith, Jean Marie

06/07

5

North Jersey Development Center

Sobierajski, Flormaria

12/06

1

Greystone Park Psych Hospital

Takyi, Sheila

05/06

5

Union County

Thaon, Toni

01/08

5

Woodbridge Developmental Center

Vanliew, Demares N

03/07

1

New Brunswick City

Vicario, Elissa

05/07

5

Haddon Township BOE

Vollbrecht, Gregory J

07/07

5

Ocean County

Weslock, Barbara Ann

08/07

5

Springfield Twp BOE

Williams, Edward

08/07

5

State Police Civilian Employees

Wills, Virginia F

09/07

5

DEPE Office of the Commissioner

Total = 53
D-13 Garcia-Halasz, Sara - Passaic County - Effective December 1, 2006 - Maximum Option - Reconsideration - Reaffirmed Denial; Offer Service
D-14 Duncan, Annemarie - Monmouth Co Bd of Chosen Freeholders - Effective September 1, 2007 - Maximum Option - Denied; Offer Deferred
D-15 Hahne, Margrit - Sussex County - Effective September 1, 2007 - Maximum Option - Tabled for IME
D-16 Ochoa, Luis - Passaic Valley Sewerage Comm - Effective November 1, 2006 - Maximum Option - Reconsideration - Denied; Continue Service; Approved for OAL hearing
D-17 Hayes, Daniel - Passaic County Technical Institute - Effective March 1, 2007 - Maximum Option - Approved with 1 year re-exam
D-18 Koehler, Valerie - Toms River - Effective June 1, 2007 - Maximum Option - Approved with 1 year re-exam
D-19 Innocenzi-Gervasoni, Beatrice - Dept of Health - Effective December 1, 2006 - Option A - Resubmission (from OD Grid) - Approved

Accidental Disability

.

MEMBER'S NAME AND NO.

EMPLOYER

EFFECTIVE DATE

OPT

ACCIDENT
DATE

TP

DR

TE

DECISION

E-1

Hamer, Edith

Washington Twp. BOE

1/1/2007

5

3/23/2005

Y

Y

Y

Approved

E-2

Khalid, Mkiwa

Treasury

5/1/2007

5

11/10/2005

Y

N

N

Denied Accidental; Grant Ordinary
DR = preexisting condition
TE = not external
(payment conditioned upon addendum to certification from employer)

E-3

Morere, Peter

Galloway Twp.

5/1/2007

4

7/27/2006

Y

Y

Y

Approved

E-4

Hall, Margaret

Woodbridge Developmental Center

6/1/2006

D

1/22/2004

Y

Y

Y

Approved

E-5

Wainwright, Barry

Ancora Psych.

12/06

5

6/7/01

T

T

T

Tabled until September at request of attorney

E-6

Hill, Thomas

Bergenfield Boro

4/07

5

9/24/04

T

T

T

Tabled for IME and additional clarification

E-7

Oliver, Shawn

Trenton Psych

3/07

5

11/22/05

Y

N

Y

Denied Accidental;  Grant Ordinary
DR = preexisting condition

E-8

Robinson, Cecilia

Camden BOE

6/07

5

9/15/06

Y

Y

Y

Approved

E-9

Woods, David

Dept of Transportation

5/07

5

10/4/05

T

T

T

Tabled for IME and additional clarification

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



OPEN SESSION


Retirement Issues

F-1+ Bowers, Barry - Old Bridge Twp. - Honorable Service - Resubmission - Partial Forfeiture of service and salary from April 1, 1999 through termination of employment (Vote: 7:1; Trustee Bruno: Nae) (Retirement Bureau, Audit)
F-2

Jones, Gibb R. - Atlantic City - Honorable Service - Resubmission - Total Forfeiture of service and salary retroactive (Retirement Bureau)

F-3 Milone, Louis - Paterson BOE - Honorable Service - Resubmission - Partial Forfeiture of   service and salary from August 1, 1999  through termination of employment prospectively (Vote: 7:1; Trustee Bruno: Nae)
F-4

DiGiovanni, Linda - Honorable Service - No basis to review honorable service; Reaffirm approval of Deferred Retirement

F-5

Chalow, Mary Ann - Vineland City - (Trustee Nelson abstained)
a) Honorable Service - No basis for review of honorable service
b) Early retirement - Approved upon clarification of retirement date

F-6+

Mouber, Michael - Mt. Laurel Twp. - Retirement status - Not a bonafide retirement; Stay repayment pending administrative review of outstanding issues (Retirement Bureau)

F-7+

Allen, Shirley - Div. of Criminal Justice - Request to be included in Prosecutor’s Part of PERS - Denied; Approve OAL hearing (Trustee Lowden recused from this matter.)



OPEN SESSION


Hearing Decisions

G-1

Oskowski, Mary - Somerset County Finance Office - Initial Decision - ALJ granted the motion for summary decision and dismissed petitioner's claim with prejudice. The ALJ determined that the Division should refund the money she paid plus interest. - The Board adopted the ALJ decision but rejected the payment of interest as there is no statutory authority to pay interest; Note exceptions

G-2

Berardesco, Michael - Ocean Township - Initial Decision with exceptions - ALJ reversed Board’s decision and granted Accidental Disability effective July 1, 2005 under maximum option - Adopted the ALJ decision with modification according to Richardson standards (Retirement Bureau, Financial)

G-3 Ronk, Jan - Woodbridge Developmental Center - Initial Decision with exceptions - ALJ reversed the Board’s decision and granted Accidental Disability effective November 1, 2002  under maximum option - Adopted ALJ decision with modification according to Richardson standards, granting Accidental Disability retirement benefits; Noted exceptions (Retirement Bureau,  Financial)
G-4

Dennis, Arlene - Pennsauken Twp. BOE - Appellate Division Decision - Court reversed Board's decision and determined that the incident was a traumatic event and granted accidental disability effective November 1, 2002 under option A - Noted

G-5 Martorana, John - Voorhees Township - Appellate Division Decision - Court affirmed the Board's decision requiring Mr. Martorana to repay disability retirement benefits for the years 2001 through 2004 - Noted
G-6 Frank, Patricia A. - Gloucester Co. Vo-Tech - Appellate Division Decision - Court reversed the Board's decision and the order requiring repayment of disability retirement benefits for the years 2000 through 2004 is vacated - Noted; Request information from AG’s office regarding status of petition for certification (Retirement Bureau)
G-7 Coia, Pauline - Pennsauken BOE - Hearing Withdrawal - Noted
G-8

Richardson, David - Central Payroll Office - Hearing Withdrawal - Accepted withdrawal notice as final; Denied request to refile application

G-9 Echols, Marilyn D - Monmouth County Social Services - Initial Decision - ALJ reversed the Board's decision and granted Ordinary Disability effective December 1, 2001 under maximum option with exceptions filed by DAG - Tabled for additional time to review exceptions and allow time for petitioner to file reply to exceptions
G-10 Kelly, Marie - UMDNJ - Final Administrative Determination - Approved
G-11 Torres, Carmen - Veteran Memorial Home/Menlo Park - Hearing withdrawal - Noted



OPEN SESSION

Hearing Requests

H-1

Nyema, Josephus - Mercer County - Appeals the Board's denial of Accidental Disability - Tabled; Refer additional information to IME (Retirement Bureau)

H-2

Wesley, Cynthia - Juvenile Justice Comm - Appeals the Board’s denial of Ordinary Disability - Approved

H-3 Bhattacharjee, Deba - DEP - Appeals the Board’s denial of Ordinary Disability - Approved
H-4 Crumbley, Gregory - Trenton Housing Authority - Appeals the Board’s denial of Accidental Disability - Tabled; Send new information to IME (Retirement Bureau)
H-5

Brown, Delois - Greenbrook Regional Center - Appeals the Board’s denial of OrdinaryDisability - Tabled; Send new information to IME (Retirement Bureau)

H-6 Frost, Tina - Division of Criminal Justice - Appeals the Board’s denial of Prosecutor's Part of PERS - Denied
H-7 Tomasello-Monagas, Anne - Juvenile Justice Comm - Appeals the Board’s denial of Accidental Disability - Approved
H-8 Duckles, Paul - Randolph Township - Appeals denial of Ordinary Disability - Approved
H-9 Antreux, Constance - Middlesex County - Appeals denial of Accidental Disability - Approved
H-10 Lipira, Pamela - City of Asbury Park - Appeals denial of Ordinary Disability - Tabled; Refer to IME (Retirement Bureau)

Active Membership Issues

J-1 None

Death Claim Issues

K-1 Fraser, Rose for Rudolph (deceased) - Department of Children & Families - Accidental Death - Denied widow’s benefits; Approved benefit to dependent child (Retirement Bureau)

Informational Issues 

L-1

Board Member Address List - Noted

L-2

Supreme Court Decisions Stewart A. Richardson vs. PFRS - Noted

L-3 State Investment Council Minutes for May 17, 2007 - Noted
L-4

Newspaper Articles - Noted

L-5

Certifying Officer Letters regarding Chapters 92 and 103 - Noted

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

The next meeting of the Board will be held on September 19, 2007.

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Division of Pensions and Benefits
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Last Updated: August 16, 2007