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PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AUGUST 20, 2008
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 2008 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 28, 2007.

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 Special Totals



Called to Order: 10:06 a.m.

Adjourned: 12:40 p.m.

Roll Call:

Leon Flanagan, John Lowden, Jonathan Berg, Ned Thomson, Thomas Bruno, Ronald Winthers, Christine Veliz, Fred Beaver


Absent: Suzanna Buriani-DeSantis

Also Present: DAG Kellie Pushko; Kathleen Coates; Jackie Bussanich; Marylou Mayoros; Virginia Martucci; Amy Mazzeo; Jean Monahan; Marie O’Connell; Bob Bobik, NJEA; Hank Schwedes; Dusty McNichol, Star Ledger; Karen Flanagan; Ryan Flanagan; Janice Nelson; Joanne Wolfe, Joseph Kempter, attorney; Patricia Rothenberg; Herbert Rothenberg; Anthony D’Altrui; Marc Chiappini


OPEN SESSION

Minutes

Minutes from the meeting of July 16, 2008 - Approved

Finance

A-1

Common Pension Fund E as of January 31, 2008 - Approved

A-2

Common Pension Fund A as of June 30, 2008 - Approved

A-3

Common Pension Fund B as of June 30, 2008 - Approved

A-4
Common Pension Fund E as of February 29, 2008 - Approved
A-5 Common Pension Fund D as of May 31, 2008 - Approved
A-6 Trial Balance as of June 30, 2008 - Approved

Miscellaneous Issues 

B-1
None

Retirement and Death Lists

C-1

Active and Retired Death Lists - Approved

C-2 Return to Employment - Approved
C-3 Retirement List - Approved w/exception of Michael Fallon who is being reviewed for Prosecutor’s Part of PERS
C-4 Chapter 221 - Approved


CLOSED SESSION

Ordinary Disability

.

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE DATE

OPT

DECISION

D-1

Siino, Barbara

Eatontown BOE

7/08

1

Denied Ordinary; Offer Service

D-2

Rodriguez, Nixa

Camden BOE

7/07

5

Reconsidered; Approved Ordinary

D-3

Zack, Eileen

Dept of Labor

4/08

5

Denied Ordinary; Offer Service

D-4

Pitts, Joann

DHS

7/08

A

Approved

D-5

Bernard, Kevin

Borough of Lavalette

5/08

5

Approved Involuntary Ordinary

D-6

Monthly OD Grid with Supplement

.

.

.

Approved (see below list)

D-7

Lee, Geraldine

Greystone Park Psych Hosp

9/07

5

Approved


PERS ORDINARY DISABILITY GRID

Member's Name

Effective Date

Opt

Employer

Blithe, Margaret

07/07

5

Cherry Hill Twp BOE

Bonavita, Francesca

05/08

1

Newark Public Schools

Boyd, Arthur L

09/08

1

Vineland City BOE

Bucci, Joseph

04/08

C

Washington Twp BOE

Calderone, Mary Marg

09/08

5

Judiciary/Essex County

Caponera, Nicolina

04/08

5

Dept Children & Families

Carter, Elva M

08/08

5

Division of Consumer Affairs

Caruso, Lorraine

07/08

5

Cherry Hill Twp BOE

Chisolm, Eva M

03/08

5

Jersey City Public Schools

Chojnacki, Bernadette

08/08

5

Trenton City BOE

Ciccolella, Joan M

07/08

3

Clifton City BOE

Coletta, Joseph

09/08

5

Jersey City Public Schools

Comer, Roy R Sr.

06/08

5

Passaic City

Cotten, Eric

02/08

5

Woodbridge Developmental Center

Crose, Francis M

09/08

A

Union County

Davis, Beverly

06/08

5

Comm for the Blind/Visually Impaired

DePeri, Richard

07/08

5

Lodi Borough

Dillon, Joann M

11/08

5

Springfield Twp BOE

Elio, August

07/08

A

Woodbridge Township BOE

Fasulka, Sherry K

06/08

A

Middlesex County

Grover, Joseph

08/08

A

Ocean County

Gunter, Laverne F

02/08

5

Buena Vista Township

Hannah, Diane

03/07

A

Passaic City

Harper, Lenora

01/08

2

Newark Housing Authority

Hudak, Kathleen

08/08

1

Jersey City Public Schools 

Jackson, Chyrelle Y

02/08

1

Dept of Children & Families

Jones, Andrea

04/08

5

Paterson City

Jones, Cheryl A

07/08

1

Judiciary/Sussex County

Kascik, M Sandra

07/08

5

West Amwell Twp BOE

Koegler, Kathleen J

08/08

5

Pequannock Township

Kolison, Stephen H

02/08

5

Trenton City BOE

Lane, Martin L

04/08

5

Metuchen Boro BOE

Lawshe, Edwina

09/08

5

Judiciary/Burlington County

Lea, Pamela J

05/08

5

Trenton Psychiatric Hospital

Magliocco, Denise A 

07/08

4

Gloucester Twp BOE

Marshall, Debra

07/08

5

Salem County

Mendez, Aleida T

07/08

5

Camden City BOE

Metzgar, Donald

09/08

5

Maple Shade BOE

Mills-Planter, Laura C

08/08

5

Vineland Developmental Center

Moore, Yvonne

01/08

5

Ocean Co Board of Health

Mossop, Robert Allan

04/08

5

Veterans Memorial Home

Member's Name

Effective Date

Opt

Employer

Murawski, Raymond A

01/09

2

Department of Human Services

Murray, Mary F

07/08

5

Keansburg Borough

Olarte, Gildardo

08/08

D

Englewood City

Patillo, Barbara A

06/08

D

Newark City

Perez, Pura

12/06

5

Camden City

Piazzolla, Mario K

06/08

D

Rutgers University

Pitera, Dominick Nichlos

09/08

5

UMDNJ

Powanda, Patricia J

08/08

A

Union County College

Rada, Eileen

08/08

A

Piscataway Township

Reed, Barbara G

07/08

5

Div. of Medical Asst.& Health Service

Roberts, Yvonne S

08/08

5

Pemberton Township BOE

Ronaghan, William

07/08

B

Cape May Co Special Services

Russo, Carmelo

07/08

5

Lawrence Twp BOE

Salender, Carol A

04/08

1

Treasury  -Division of Revenue

Slade, Robert H

06/08

D

Hudson County

Sleeter, Hazel

06/08

5

Gloucester Twp BOE

Smith, Carlen

05/08

5

Randolph Township BOE

Smith, George Edward

08/08

A

Tabernacle Twp BOE

Smith, Lisa

07/08

5

Newark Public Schools

Smith, Richard L

05/08

5

Clifton City

Spada, Kathy

07/08

5

Paterson BOE

Sprague, Richard

07/08

A

West Milford Township BOE

Stay, Marie L

07/08

5

Hunterdon Developmental Center

Taussi, Ellen

02/08

5

Fairfield Twp BOE

Taylor, Fillis J

04/08

5

Rutgers University

Thoma, Ann P

07/08

5

Gloucester Twp BOE

Tighe, Carol

06/08

5

Dept of Children And Families

Vanness, Kenneth

06/08

B

Ocean County Vocational School

Ward, Velma J

12/07

1

Newark Public Schools

Warwick, Debra A

12/08

5

Burlington Co Institute Of Tech

Washington-Brokaw, Sandra

05/08

D

Middlesex Co Bd of Social Services

Webb, Waltha

05/08

5

Camden Co Bd of Chosen Frhldrs

Williams, Denise

07/08

5

Middlesex County College

Wright, Barbara A

05/08

1

Dept of Children & Families

Wright, Derek

07/08

4

Jersey City Public Schools

Zarbatany, Beatrice E

08/08

5

Warren Co Special Services Sch Dist

Total = 77


CLOSED SESSION

Accidental Disability 

.

MEMBER'S NAME AND NO.

EMPLOYER

EFFECTIVE DATE

OPT

ACCIDENT
DATE

Decision

E-1

Kane, Sharon

Institute of Technology

6/08

5

12/1/04

Denied Accidental; Grant Ordinary

E-2

Yaldon, Rachel

Mercer County Special Services

2/08

5

9/3/05

Approved

E-3

Rashid, Marie

Trenton Psychiatric Hosp

9/08

5

6/29/04

Denied Accidental; Grant Ordinary

E-4

Scanlon, Lisa

UMDNJ

1/08

5

2/16/06

Denied Accidental; Only eligible for withdrawal (<10 years)

E-5

Nebus, Robert

Middlesex County MUA

3/08

D

10/21/05

Denied Accidental; Grant Ordinary

E-6

Leckel, Geraldine

Passaic County Community

9/07

A

8/30/06

Denied Accidental; Grant Ordinary

E-7

Williams, Janice

Dept of Children & Families

1/08

5

10/1/03
11/13/03

Denied Accidental; Offer Service

E-8

Neal, Ivy

Asbury Park City

3/02

5

7/98
thru
6/99

Reconsidered OAL case under Richardson/Patterson; Denied Accidental; Continue Ordinary; Continue in OAL

E-9

Garcia, Ada

City of Newark

9/07

5

9/26/05

Denied Accidental; Continue Ordinary

E-10

Venable, Marvin

City of Newark

8/07

5

1/30/07

Denied Accidental; Offer Deferred

E-11

Price, William

Atlantic County

3/08

A

6/25/04

Approved

E-12

Conacitis, Robert

Woodbridge Twp

6/08

B

1/18/02
3/30/07

Approved

E-13

Hanani, Manal

DEP

8/03

A

7/25/02

Reconsidered Appellate Court case under Richardson/Paterson; Denied Accidental; Continue Ordinary; Remand to OAL

E-14

Tavani, Steven

Camden County Board of Chosen Freeholders

11/07

5

7/30/06

Denied Accidental; Offer Deferred



OPEN SESSION

Retirement Issues

F-1
Morgan, George - Passaic Valley Water Comm - Honorable Service – Partial Forfeiture; Forfeit service and salary from 1/1/06 through termination of employment (Vote: 6:2; Trustees Thomson and Beaver: Nae) (Retirement Bureau, Audit)
F-2+

Rothenberg, Patricia - Camden County Bd of Chosen Freeholders - Issue of Bona fide retirement - Approved as bona fide retirement (Vote: 7:1; Trustee Winthers: Nae)

F-3+

Wolfe, Joanne E - Kean University - Honorable Service - Deferred Retirement - Denied (dismissed for cause)

F-4+
D'Altrui, Anthony - Borough of Sayreville - Honorable Service - Resubmission - Tabled pending adjudication of litigation
F-5+
Chiappini, Marc - Juvenile Justice Comm/Community Program - Issue of bona fide retirement - Tabled for employment contracts (Trustee Berg recused.)
F-6
Youssef, Soliman - NJ State Dept. of Health - Appeals pending of retirement application - Postponed until September meeting
F-7
Burgess, Carolyn - East Orange City BOE - Honorable Service - Deferred Retirement - Approve pending administrative clarification of whether there is documentation that warrants further review of honorable service


OPEN SESSION

Hearing Decisions

G-1

Cartagena, Hector - Rahway Valley Sewerage Authority - Initial Decision - ALJ affirmed the Board's denial of Accidental Disability - Affirmed ALJ decision

G-2

DiPaola, Philip - Mt. Holly Twp. BOE - Initial Decision - ALJ upheld the Board's decision denying Accidental Disability - Exceptions - Reply to exceptions - Affirmed ALJ decision; Noted exceptions; Noted Reply to exceptions

G-3 Crimaldi, Anthony - Western Monmouth Utilities Auth - Initial Decision - ALJ reversed the Board's decision and granted Accidental Disability effective January 1, 2003 under maximum option - Postponed until September meeting; DAG Requested extension to file exceptions
G-4 Francois, Michael - Economic Development Authority - Initial Decision - ALJ upheld the Board's decision denying denied service credit in PERS from May 2003 through December 2005 - Exceptions - Affirmed ALJ decision; Noted exceptions (Trustee Beaver recused.)
G-5 Joseph, Mary - VA-Paramus - Initial Decision - ALJ upheld the Board's decision and denied Accidental Disability - Affirmed ALJ decision
G-6 Williams, Kenneth - Dept. of Community Affairs - Final Administrative Determination - Approved
G-7 Peterson, James - Hawthorne Borough - Final Administrative Determination - Approved
G-8 Vergara, Angel - Morris County - Hearing Withdrawal - Noted
G-9 Custy, Barbara - Judiciary/Somerset County - Hearing Withdrawal - Noted
G-10 Catoggio, Anthony for Lois (dec’d) - Warren Township BOE - Initial Decision - ALJ upheld the Board's decision and concluded that  Anthony Catoggio is not entitled to a surviving beneficiary‘s retirement allowance - Exceptions - Affirmed ALJ decision; Noted exceptions
G-11 Cascaes, Romeo - Freehold Township - Appellate Division Decision - Appellate Division affirmed the Board’s decision that Mr. Cascaes is ineligible for retirement benefits and requires the return of benefits paid to date - Noted (Retirement Bureau, Enrollment Bureau)
G-12 Davis, Marilyn - North Jersey Development Center - Hearing Withdrawal - Noted
G-13 Allen, Annette - Vineland Developmental Center - Hearing Withdrawal - Noted


OPEN SESSION


Hearing Requests

H-1

Major, Mickey - Monmouth County/Hall of Records - Appeals Board's denial of Accidental Disability - Approved

H-2

Schweighardt, Martin - West Orange Township - Appeals Board's denial of Accidental Disability - Approved

H-3

Bosnjakovic, Slavica - UMDNJ - Appeals Board's denial of Ordinary Disability - Approved

H-4

Virnet, Richard - Newark City - Appeals Board's denial of Accidental Disability - Approved

H-5

Smith, Bobbie Lynn - Marlboro Township BOE - Appeals Board's denial of Accidental Disability - Approved

H-6

DePeri, John - Garfield City - Appeals Board's denial of Deferred Retirement due to removal for cause - Denied Reconsideration; Approved hearing

H-7
Rudolph, Napoleon - Richard Stockton College of NJ - Appeals Board's denial of Accidental Disability - Approved
H-8

Simon, Michael - Judiciary/Camden County - Appeals Board's denial of Accidental Disability - Approved

H-9
Luciano, Ramon - Newark City - Appeals Board's denial of Accidental Disability - Approved
H-10
Donnelly, Daniel - County of Somerset - Appeals denial of Accidental Disability - Approved

Active Membership Issues

J-1
Mitchell, Paul - OIT - Request to Purchase - Denied
J-2
Scott, Maxine - Camden City BOE - Loan Issue - Denied

Death Claim Issues

K-1

None

Informational Issues

L-1

Wire Transfers - Non-Contributory Group Insurance Policy #14800 - Noted

L-2

Wire Transfers - Contributory Group Insurance Policy #13900 - Noted

L-3
State Investment Council minutes for Thursday, June 19, 2008 meeting - Noted
L-4

State Investment Council agenda for Thursday, July 17, 2008 meeting - Noted

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

The next meeting of the Board will be held on September 17, 2008.

 

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Division of Pensions and Benefits
PO Box 295
Trenton, NJ 08625-0295

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Last Updated: August 21, 2008