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PUBLIC EMPLOYEES' RETIREMENT SYSTEM
SEPTEMBER 19, 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: 10:03 a.m.

Adjourned: 1:30 p.m.

Roll Call: Leon Flanagan, John Lowden, Suzanna Buriani-DeSantis, Thomas Bruno, Christine Veliz, Jonathan Berg, Ned Thomson, Ronald Winthers, Susanne Culliton (seated as Treasurer’s Representative)

Absent:  

Also Present: DAG Kellie Pushko; Kathleen Coates; Jackie Bussanich; Mary Lou Mayoros; Ginny Martucci; Micki Billick; DAG Danielle Bradus Asteris Fanikos; Bob Bobik, NJEA; Jeff German, Esq.; Nancy Faust; William McCarthy; Julia Alonso; Ana Bezama; Patricia Verdejo; Mark Frank; Robert Yaeger, CWA; Nancy Griffin; John Reinmuth; Phillip Lewis; Lucinda Lewis; Dusty McNichol, Star Ledger


OPEN SESSION

Minutes

Minutes of the meeting of August 15, 2007 - Approved

Finance

A-1 Common Pension Fund D as of June 30, 2007 - Approved
A-2

Trial Balance as of June 30, 2007 - Approved

A-3 Common Pension Fund A as of July 31, 2007 - Approved
A-4 Common Pension Fund B as of July 31, 2007 - Approved
A-5 Common Pension Fund D as of July 31, 2007 - Approved

Miscellaneous Issues

B-1

Administrative Code for Final Adoption N.J.A.C. 17:2-6.3 and 8.1 and Repeal of 8.2 - Adopted

Retirement and Death Lists

C-1

Active and Retired Death Lists for August 24, 2007 - Approved

C-2 Return to Employment - Approved
C-3 Retirement List - Approved
C-4 Chapter 221 - Approved


CLOSED SESSION

Ordinary Disability

D-1

Marchese, Anthony - NJ Turnpike Auth - Effective June 1, 2007 - Option D - Denied; Offer Early

D-2 DeLoach, Venus - Essex County - Effective June 1, 2005 - Option 5 - Reconsideration of OAL Case - Reconsidered and Approved; Withdrawal from OAL (DAG Pushko recused from this matter.)
D-3

Ordinary Disability Grid - (see below list) - Approved

Member's Name

Effective Date

Opt

Employer

Assip, Robert G

07/07

C

Monmouth Co Vocational School

Black, Julie K

07/07

C

Clearview Regional BOE 

Bowers, Argenit

07/07

1

Newark Public Schools

Carvale, Carol A

06/07

5

MVC-Shared Services

Ciaburri, Charles S

05/07

B

Red Bank Borough

Cole, Richard A

06/07

A

Bergen County

Cortez, Jack D Jr

12/06

A

Garfield City BOE

DeFalco, Salvatore

08/07

1

Essex Co Vocational School

Dorward, Elizabeth A

07/07

5

Dunellen Borough 

Doyle, William

03/07

A

Metuchen Borough

Dunne, Marie A

09/06

5

Bergen County (Employer cannot determine atlernate position)

Fittin, John D

09/07

A

Newark Housing Authority

Goldman, Jay E

08/07

C

Roosevelt Borough

Grayson, Curtis

08/07

5

Vineland City BOE 

Harris, Ethel M

06/07

A

Vineland Developmental Center

Harris, Madelyn

08/07

5

Camden Co Health ServiceCenter

Howell, Pamela Diane

11/07

5

Judiciary/Passaic County 

Huber, Elizabeth D

06/07

5

Dept of Health & Senior Services

Jackson, Joan

07/07

5

Edison Twp BOE

Johnson, Patricia A

10/07

5

Mercer Co Community College

Kane, Thomas

08/07

C

Winslow Township BOE

Konigsberg-Malman, Laura

06/07

5

New Brunswick City

Llena, David

06/07

5

Middlesex County MUA

Loudon, Dianne M

06/07

5

MVC-Shared Services

Mahon, Sheila H

05/07

1

Kearny Town

McBryde, Moses F Jr

11/07

5

Morris County 

McCarthy, Troy III

05/07

5

Dept of Corrections

McClellan, Bernice

09/07

5

Ocean City BOE  

Messina, Peter

11/07

2

Passaic City 

Mondrosch, Doris

06/07

1

Cape May County

Morro, John R

03/07

5

Rahway City -

Mosley, Yvonne

07/07

5

Millville BOE

Porcek, Thaddeus

09/07

B

Linden City BOE

Member's Name

Effective Date

Opt

Employer

Prickett, Chris Martin

09/07

2

Judiciary/Burlington County

Priest, Louise A

05/07

5

Westville Borough 

Reading, Dolores  Nocera

08/07

5

Dept of Community Affairs

Renshaw, Philip J

08/07

D

Kearny Town BOE

Saifullah, Muhammad

09/07

5

Newark Public Schools

Stuckey, Eleanor J

12/06

5

Newark Housing Authority

Thomas, Robert A

07/07

A

Newark Public Schools

Velasquez, Maria Cruz

05/07

1

Newark Public Schools

Villa, Adrienne

09/07

5

Lakewood Twp BOE

Vincent, Jerry

06/07

5

Trenton Psychiatric Hospital

Voorhees, Linda E

07/07

5

Dept. of Health

Total - 44

Accidental Disability

 

MEMBER'S NAME AND NO.

EMPLOYER

EFFECTIVE DATE

OPT

ACCIDENT
DATE

TP

DR

TE

DECISION

E-1

Wainwright, Barry

Ancora Psych Hosp

12/06

5

6/7/01
(delayed manifestation)

Y

Y

Y

Approved

E-2

Rudolph, Napoleon

Richard Stockton College

11/06

D

9/7/04
9/23/05

N
Y

N
Y

N
T

Tabled for additional information from employer

E-3

Gilbert, Patricia

Southern Regional School

10/06

D

9/28/05

Y

Y

Y

Reconsidered and Approved under Richardson

E-4

Ward, Shirley

Trenton Psych Hosp

3/07

5

5/4/04

Y

Y

Y

Reconsidered and Approved under Richardson

E-5

Guagliardo, Matthew

Mercer Co Park Comm

4/07

5

1/23/05
7/8/05

Y
Y

Y
N

Y
N

Reconsidered and Approved under Richardson

E-6

Arthur, David

Ocean Township

5/06

5

5/10/05

Y

Y

Y

Reconsidered and Approved under Richardson

E-7

Krause, Kenneth

Bergen County

4/07

5

11/9/05

Y

Y

Y

Reconsideration and Approved under Richardson

E-8

Henson, Cilvia

Dept of Corrections

2/07

5

5/9/06

Y

Y

Y

Reconsideration and Approved under Richardson

E-9

Ceasar, Willie

Atlantic City

1/07

5

1/23/06

Y

Y

N

a) Reaffirmed denial under Richardson
Not external; not undersigned and unexpected
b) Approved Hearing Request

E-10

Belli, Thomas

City of Garfield

7/07

5

7/13/06

Y

Y

Y

Reconsidered and Approved under Richardson

E-11

Barrett, Gertrude

Pennsauken Twp BOE

7/03

5

12/11/02

Y

Y

Y

Remand from Supreme Court - Approved under Richardson

E-12

Decandia, Maurice

MVC Shared Services

7/07

5

8/05

Y

N

N

a) Reaffirmed denial under Richardson; Pre-existing disease; Not External
b) Approved Hearing Request

T/P = a) Permanently and totally disabled, mentally or physically, from performing the regular assigned work duties; AND
         b) Permanently and totally disabled, mentally or physically, from performing any other available job duties.
D/R = The disability is not the result of a pre-existing disease that is aggravated or accelerated by the work.
T/E = A work-connected incident that is:
         a) Identifiable as to time and place;
         b) undesigned and unexpected; and
         c) caused by a circumstance external to the member.
Delayed manifestation (due to the delayed manifestation of the disability or circumstances beyond the control of the member) cases must be considered on those applications filed beyond five years of the accident date.




OPEN SESSION


Retirement Issues

F-1 Parkin, Harry - Mercer County - Honorable Service - Clarified basis for its previous decision for Court
F-2 Faust, Nancy - Division of Criminal Justice - Eligibility for Prosecutors Part of PERS - Denied; Transmit to OAL for fact finding; Stay correction of error
F-3 Bennett, Jennifer - Woodbridge Township - Earnings after Disability Retirement  - Denied; Approved 10 year repayment schedule; Assign Life Insurance Policy (Retirement Bureau, Claims Bureau)
F-4 McCarthy, William - NJ Turnpike Authority - Honorable Service - Approve retirement; no forfeiture (did not touch employment)


Hearing Decisions

G-1

Szatkowski, Ketih - Hanover Sewerage Authority - Hearing Withdrawal - Noted

G-2 Parusa, Dolores - Marlboro Township BOE - Hearing Withdrawal - Noted
G-3

Rubin, Ann - Union County - Hearing Withdrawal - Noted

G-4

Doyle, Winifred - Vineland Developmental Center - Hearing Withdrawal - Noted

G-5

Robertiello, James - Pt. Pleasant Beach Borough - Initial Decision - ALJ upheld the Board's decision denying Accidental Disability - Accept with modification under Richardson

G-6

Marcinczyk, Stanley - New Brunswick City - Settlement Agreement - Hearing Withdrawal - Noted (Trustee Culliton abstained)

G-7

Echols, Marilyn D - Monmouth County Div. of Social Services - Initial Decision  - ALJ reversed the Board's decision and granted Ordinary Disability effective December 1, 2001 under maximum option; Exceptions filed by DAG; Reply to exceptions - Accept ALJ decision with modification; Noted Exceptions; Noted Reply to Exceptions

G-8 Mullen, Patrick - Dept. of Agriculture - Remand from Appellate Division; Chapter 221 (Conversion of Life Insurance) - Transmit to OAL (Trustee Culliton recused)
G-9 Frost, Tina - Division of Criminal Justice - Final Administrative Determination - Approved


OPEN SESSION

Hearing Requests

H-1

Calderella, Jolaine - Ocean County Board of Social Services - Appeals Board’s denial of Accidental Disability - Approved

H-2

Reele, Deiby - Office of Information Technology - Appeals the twenty-five percent reduction of Ordinary Disability due to dishonorable service - Approved

H-3 Vannoy, Patricia Ann - Judiciary - Mercer County - Appeals the Board’s denial of Ordinary Disability - Approved


CLOSED SESSION


H-4+

Bezama, Ana - Jersey City Public Schools - Appeals the Board’s denial of Ordinary Disability - Tabled and refer to IME

H-5 Coleman, Sandra Lee - Dept. of Banking & Insurance - Appeals the Board’s denial of Accidental Disability - Approved


OPEN SESSION


H-6+ Camden County Bd. of Chosen Freeholders - Murray, William - Employer appeals Board’s approval of Accidental Disability - Denied


CLOSED SESSION


H-7

Pearyer, Dorothy - Judiciary/Middlesex County - Appeals Board’s denial of Ordinary Disability - Tabled and refer to IME



OPEN SESSION


H-8 Duncan, Annemarie - Monmouth County Hall of Records - Appeals the Board’s denial of Ordinary Disability - Approved


Active Membership Issues

J-1

Ensslin, Mark - West New York NJ Park Police Department - Request to Purchase - Denied

J-2+ Frank, Mark - UMDNJ - Request to Purchase - Denied (Vote: 8:1; Trustee Bruno: Nae)
J-3+

Lewis, Phillip - Salem County - Request to Purchase - Denied

Death Claim Issues

K-1 None

Informational Issues 

L-1

Appellate Division Decision Regarding Michael Disbrow vs. PFRS - Noted

L-2

Appellate Division Decision Regarding Lori Scott vs. PFRS - Noted

L-3 Wire Transfers PERS Contributory Group Insurance policy #13900 for July 2007 - Noted
L-4

Wire Transfers PERS Non-contributory Group Insurance policy #14800 for July 2007 - Noted

L-5

Certifying Officer Memo - Noted

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

The next meeting of the Board will be held on October 17, 2007.

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

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Last Updated: September 20, 2007