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Pensions and Benefits
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AUGUST 15, 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: 10:05 AM

Adjourned: 2:22 PM

Roll Call:

Leon Flanagan, Thomas Bruno, Suzanna Buriani-DeSantis, Pete Maurer, Ned Thomson, Susanne Culliton, William O'Brien (10:07), Ronald Winthers, Max Hurst


Absent: None

Also Present: DAG Kellie Pushko; Hank Schwedes; Kathleen Coates; Jackie Bussanich; Marylou Mayoros; Amy Mazzeo; Val McManus; Mike Czyzyk; Mark Schwedes; Micki Billick; Sunanda Rana; Lisa Pointer; SDAG Eileen Den Bleyker; Daniel Grossman, attorney; Robin Wright, attorney; Alan Apfelbaum; Diane Apfelbaum; Richelle Pierson; Scott Capriglione, attorney; Jackie Mattison; Bette Grayson, attorney; Sharen Clugston; Andrew Watson, attorney; Patricia Mullen; Michael Bukosky, attorney; Veena
Nagarsheth; Harish Nagarsheth; Stan Gutgarts, attorney



OPEN SESSION

Minutes

Minutes from the meeting of July 18, 2012
Approved (Trustees Buriani-DeSantis and Maurer abstained.)


OPEN SESSION

Miscellaneous Issues

None



OPEN SESSION

Retirement and Death Lists

C-1

Active and Retired Death Lists
Approved

C-2
Chapter 221
Approved
C-3
Return to Employment
Approved
C-4
Retirement List Approved
w/Supplement - Serdiuk - Noted (Trustee Maurer recused.)
w/Supplement #2a - Piccolella - Noted (Trustee Maurer recused.)
w/Supplement - #2b - Krulewicz - Noted (Trustee Maurer recused.)
w/Supplement - #2c - Tomasulo - Noted (Trustee Maurer recused.)
 

CLOSED SESSION

Ordinary Disability

 
MEMBER'S NAME
AND NO.
EMPLOYER
EFFECTIVE
DATE
OPT
DECISION
D-1 Reed, Deidre
Jersey City Public
Schools
4/1/2012
1
Denied Ordinary, Offer Deferred
D-2 Pugliese, Patricia
Middlesex County College
6/1/2012
5
Denied Ordinary, Offer Service
D-3 Rolon-Rivera, Aracelis
Motor Vehicle Commission
1/1/2011
5
Denied Ordinary, Offer Deferred
D-4 Crespo, Nereida
Newark Public Schools
6/1/2012
B
Denied Ordinary, Offer Deferred
D-5 Monthly OD Grid  
  
 
Approved (see list below)
D-6 Goimbert, Olga
Hunterdon Developmental Center
4/1/2012
5
Denied Ordinary, Offer Deferred
D-7 Riegel, Kathleen
Southern State Corr Facility
6/1/2012
1
Denied Ordinary, Offer Early
D-8 Heckey, Angela
Albert C. Wagner Youth Corr. Fac.
12/1/2011
1
Denied Ordinary, Offer Deferred

ORDINARY DISABILITY APPROVALS

Member's Name

Effective Date

Opt

Employer

Ajigbotosho, Cecilia

09/12

D

Hagedorn Gero-Psych. Hospital

Bednar, Joseph J

06/12

2

Piscataway Township

Brooks, Roberta

06/12

1

Treasury-Division of Revenue

Broughton, Frank

9/12

1

Dept of Children and Families

Buchanan, Halina D

06/12

5

Division Of Human Resources

Casement, Don J

07/12

A

Ocean County

Cavanaugh, Gary

10/11

5

Pleasantville Housing Auth

Cruz, Santa A

09/12

A

Passaic County

Davis, Kenneth

08/12

A

Northern State Prison

DeCamp, Richard

09/12

D

Woodland Township

Demarest, Peter G

03/12

B

Woodbridge Housing Authority

DeTorrice, Linda

04/12

5

West Morris Reg H S Dist

Dohanyos, John

07/12

D

Middlesex County

Dones, Helen M

05/12

5

Union County

Farrington, Frances

06/12

1

Long Beach Island BOE

Fiamingo, David F

05/12

5

Dept Of Children And Families

Garcia, Claribel

08/12

5

Camden City

Garofalo, Vincent P

07/12

5

Princeton Township

Giardina, Ida Margaret

03/12

5

Corrections-Adult Diag & Treat.

Himmelstein, Jeffrey A

08/11

A

William Paterson Univ of NJ

Kratochvil, George W

08/12

A

Ocean County

Luchnick, Linda A

05/12

A

Brick Twp BOE

Malko, Eric M

08/12

5

Howell Township

Massa, Dennis J

04/12

C

Motor Vehicle Commission

Mendez, Richard C

09/12

A

Glassboro Borough

Moody, Cora B

06/12

5

Newark Public Schools

Nassy, Dhanmatti

05/12

5

Union County

Robinson, Dolores L

09/12

C

Judiciary/Middlesex County

Sands, Donald B

09/12

A

NJ Turnpike Authority

Schelhorn, David

07/12

A

Berkeley Heights BOE

Shoats, Jeffery Allen

09/12

1

State Police Civilian Employees

Siekerski, Joseph

07/12

1

Edison Township

Smith, Barbara A

05/12

5

Sussex County

Tenzer, Dale F

07/12

A

Mountain Lakes Boro BOE

Tudor, Brenda V

09/11

5

UMDNJ

Watts, Lonnett R

07/12

A

Manalapan Township

Total = 36


CLOSED SESSION

Accidental Disability 

 

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE DATE

OPT

ACCIDENT
DATE

DECISION

E-1

Griffin, Alphonso
Plainfield Bd of Ed
1/1/2013
5
1/7/2008
Approved
E-2 Malek, Edward
Fair Lawn Bd of Ed
5/1/2012
5
7/28/2010
Denied Accidental Granted Ordinary
(not pre-existing, not external)

E-3

Singleton, Calamity
Franklin Twp. Bd of Ed
7/1/2012
C
1/7/2011
2/22/2011
Denied Accidental Granted Ordinary
E-4 McCoy, Ella
Ancora Psychiatric
Hospital
4/1/2012
C
5/23/2011
Approved

E-5

Fitts, Terry
Albert C. Wagner
Youth Correctional
Facility
8/1/2011
5
9/14/2010
Reconsidered and Denied
accidental; Continue in OAL
E-6 Balogun, Andrea
NJ Vets Mem Home
at Menlo Park
4/1/2012
5
6/7/2009
1/21/2011
Approved

E-7

Ubaidah-Crumblin, Wahidah
Woodbridge Developmental Center
11/1/2011
5
8/11/2010
Denied Accidental Granted Ordinary
(Offer Early)
E-8 Nongauza, Margaret
Greystone Park
Psych Hosp
8/1/2011
5
6/4/2008
Approved

E-9

Williamson, Geraldine
Trenton Psych
3/1/2011
5
4/17/2001
12/18/2003
Reconsidered and Denied
Accidental; Grant Ordinary; Continue in OAL
E-10 Ripa, Nicholas
Hanover Sewerage
Authority
2/1/2008
A
11/3/2006
Reconsidered and Denied
Accidental; Continue in OAL

E-11

Roberts, Mattie
Trenton Psych
Hospital
. 5/1/2012
5
10/28/2010
Denied Accidental Granted Ordinary
E-12 Wright, Linda
Vineland
Developmental Center
4/1/2012
C
7/19/2004
1/23/2010
Approved

E-13

Garber, Maria del Carmen
Division of Youth and Families 2/1/2013 5
11/16/2009
8/8/2011
Denied Accidental, Offer Service
(less than 10 years)
E-14 Battick, Gresilda
Greystone Psychiatric
Hospital
11/1/2011
5
6/8/2007
Denied Accidental, Withdrawal only (less than 10 years)

E-15

Jewell, Kim

NJ Veterans Memorial
Home at Menlo Park
2/1/2012
B
2/5/2005
1/10/2010
Approved
E-16 Acevedo, Stacey
Juv. Jus. Comm
Central Office
6/1/2011
5
4/1/2009
5/7/2010
Denied Accidental, Offer Deferred

E-17

Weidman, William
Cumberland County
10/1/2009
5
6/6/2006
Reconsidered and Approved
accidental under Brooks; Withdraw from Appellate
E-18 Ellzey, Sharon
NJ State Dept. of
Health
Senior Services
6/1/2010
5
9/24/1994
11/30/1994
Denied Accidental Granted Ordinary
(no employer documentation on
incident of 9/24/94)
E-19 Dalesandro, Robert
Township of Lakewood
2/1/2012
B
7/1/2010
Denied Accidental Granted Ordinary

E-20

Gomez, Angel
Newark Public
Schools
3/1/2012
5
12/29/2010
Denied Accidental, Offer Service
E-21 Pfeifer, William
City of New Brunswick
5/1/2012
C
10/20/2009
Approved

E-22

Colon, Angel
Passaic City Housing
Authority
6/1/2012
A
1/13/2010
Denied Accidental Granted Ordinary
E-23 Brower, Clarine
UMDNJ
2/1/2012
D
4/5/2011
Denied Accidental, Offer Service

E-24

Loeber, Robert
Fair Lawn BOE
8/1/2012
A
11/30/2009
Denied Accidental Granted Ordinary
E-25 Lyon, Edward
State Police Civilian
Employees
4/1/2012
5
9/25/2007
Denied Accidental Granted Ordinary

E-26

Hurlburt, Mark
Juv. Justice Comm.
Central Office
6/1/2012
C
3/25/2011
Denied Accidental, Withdrawal only (less than 10 years)



OPEN SESSION

Retirement Issues

F-1 Weingarten, Michael - Cinnaminson Twp. Bd of Ed - Return to Employment Request to Postpone
Approved request to postpone
F-2+ Apfelbaum, Alan - Hudson County - Return to Employment
Repay lesser of pension or salary earned after retirement (Retirements/External Audit)
F-3 Cresci, Peter - Bayonne City - Honorable Service Request to Postpone
Approved request to postpone
F-4+ Pierson, Richelle - Mental Health & Hospitals - Employment after disability retirement
Tabled for additional information
F-5 Biasotti, Louis - Upper Saddle River Bd of Ed - Non bona fide retirement
Cancel retirement; Re-enroll; Repay overpayment of retirement benefits
(Retirements/External Audit)
F-6 Reese, Rollin - Division of Youth and Family Services - Return to Employment Disability retirement; Request to Postpone
Approved request to postpone
F-7+ Mattison, Jackie - Newark City - Honorable Service
Total Forfeiture (Retirement/Audit)
F-8+ Clugston, Sharen - College of New Jersey - Issue of bona fide retirement
Approved pending confirmation of revised W-2 and confirmation of on-call status (External Audit)



OPEN SESSION


Hearing Decisions

G-1 Nichols, Isabel - Treasury-Executive Admin. - Appellate Division Decisions
Appellate Court upheld the Board's denial of Accidental Disabilty retirement beneifts
Noted
G-2 Williams, Delsa - Hudson County - Initial Decision ALJ upheld the Board's denial
of Ordinary Disability retirement benefits; Exceptions; Reply to Exceptions
Adopted ALJ decision; Noted exceptions; Noted reply to exceptions
G-3 Shappell, Thomas - Edna Mahan Corr Fac for Women -
Appellate Division Decisions Upheld the Board's denial of Accidental Disability retirement benefits
Noted
G-4+ Grimaldi, Robert - Old Bridge Township - Appellate Division Decisions upheld the Board's denial of Accidental Disability retirement benefits
Noted
G-5 McElroy, Lawson - Trenton City - Appellate Division Decisions
Upheld the Board's decision to reduce the members pension due to honorable service
considerations
Noted
G-6+ Holl, John - Division of Criminal Justice - Initial Decision ALJ reversed the Board's decision and only credited Prosecutors Part of PERS earned on or before January 7, 2002; Exceptions filed on behalf of member; Exceptions filed by DAG; Reply to DAG
Exceptions filed on behalf of member
Remand back to OAL for limited issue of equitable estoppel
G-7 Zamudio, Esther - Passaic County - Initial Decision upheld the Board's denial
of Accidental Disability retirement benefits; Exceptions
Adopted ALJ decision; Noted exceptions
G-8 McGuire, James - Division of Law - Final Administrative Determinations
Approved



OPEN SESSION


Hearing Requests

H-1 Stickle, Jesse - Roxbury Township - Appeals the Board's denial of Accidental Disability retirement benefits
Approved
H-2 Davydow, Michael - Woodbine Developmental Center - Appeals the Board's denial of Accidental Disability retirement benefits
Approved
H-3 Marinello, Frank - Bergen County - Appeals Board's denial of Ordinary Disability retirement benefits
Approved
H-4 Sederland, Robert - Ocean City Bd of Ed - Appeals Board's denial of Accidental Disability retirement benefits
Approved
H-5 Dreggs, Mary - Division of Youth and Family Services - Appeals the Board's denial of Accidental Disability retirement benefits
Approved
H-6 Lewicki, Zenon - Livingston Bd of Ed - Appeals the Board's denial of Accidental Disability retirement benefits
Approved
H-7 Machado, Eileen - Montclair State University - Appeals the Board's denial of Accidental Disability retirement benefits
Approved
H-8 Dearolf, Connie - Trenton City - Appeals the Board's denial of Accidental Disability retirement benefits
Approved
H-9 Mitt, Mary - Turnpike Authority - Appeals the Board's denial of Ordinary Disability retirement benefits
Approved
H-10 Erla, Kathleen - Jersey City Public Schools - Appeals the Board's denial of an option change
Denied
H-11 Telofski, David - Division of Support Services - Appeals the Board's denial of Accidental Disability retirement benefits
Approved
H-12 Helik, Mary - Judicary - Appeals the Board's denial of Ordinary Disability retirement benefits
Approved
H-13 Andre, Simone - Passaic County - Appeals the Board's denial of Accidental Disability retirement benefits
Approved
H-14 Putera, Jane - New Brunswick BOE - Appeals the Board's denial of Accidental Disability retirement benefits
Approved
H-15 Butts, Mary - Woodbridge Developmental Center - Appeals the Board's denial of Accidental Disability retirement benefits
Approved



OPEN SESSION

Active Membership Issues

J-1+ Mullen, Patricia - Allendale Borough - Request to change date of purchase request
Denied
J-2+ Nagarsheth, Veena - Woodbridge Developmental Center - Purchase Rescinded
Approved (Purchase Bureau)



OPEN SESSION

Death Claim Issues

K-1+ Ortiz (deceased), Andrea - Jersey City Public Schools - Request for group life insurance benefit
Approved (Claims)


OPEN SESSION

Informational Issues

L-1 Appellate Division Decisions Michael Buccilli vs. PFRS
Noted
L-2 Wire Transfers PERS Contributory group insurance policy #13900
Noted
L-3 Wire Transfers Non-Contributory group insurance policy #14800 benefit claims
Noted
L-4 General Administration
Peacetime Military Service; Service Credit Adopted Amendment: N.J.A.C. 17:1-3.10
Noted
L-5 General Administration
Domestic Relations Orders; Adopted Amendment: N.J.A.C. 17:1-1.12
Noted
L-6 Appellate Division Decisions Summary of Appellate Court Decision - McGovern, Jr., v Rutgers, the State University of New Jersey
Noted
L-7 Common Pension Fund A As of June 30, 2012
Noted
L-8 State Investment Council Report
Noted
L-9 Common Pension Fund D As of June 30, 2012
Noted
L-10 Common Pension Fund A As of June 30, 2012
Noted

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

The next meeting of the Board will be held on September 19, 2012.

 

 
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