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PUBLIC EMPLOYEES' RETIREMENT SYSTEM
September 16, 2009
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 2009 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 18, 2008.

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: 10:05 AM

Adjourned: 3:35 PM

Roll Call:

Leon Flanagan, Peter Maurer, Ned Thomson, Christine Veliz, John Lowden, Ronald Winthers, Suzanna Buriani-DeSantis, Susanne Culliton (seated as Treasurer's representative)


Absent: Thomas Bruno

Also Present: DAG Kellie Pushko; Kathleen Coates; Jackie Bussanich; Virginia Martucci; Marylou Mayoros; Michael Czyzyk; Hank Schwedes; Mark Schwedes; Beth Madresh; Judson Aaron, attorney; Connell McNulty, attorney; Emishu Arzin, Cherry Hill Township; Patricia Saccomanno; Carmella Conklyn; Lucas Casbar; Susan Bigelow; Mary Ellen Rathbun; Janice Behnke; Patrick Jennings, attorney; Frank DiCostanzo; Jacqueline DiCostanza; Robert Moran, attorney; Ruth Winters; Lucille Fauteux; Bernard Reilly; Thomas Leonik


OPEN SESSION

Minutes

Minutes from the meeting of August 19, 2009
Approved as presented (Trustees Buriani-DeSantis, Winthers and Veliz abstained.)


OPEN SESSION

Miscellaneous Issues 

B-1
None


OPEN SESSION

Retirement and Death Lists

C-1

Active and Retired Death Lists
Approved

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


CLOSED SESSION

Ordinary Disability

..

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE DATE

OPT

DECISION

D-1

Long, Diana
Camden County Board of
Chosen Freeholders
11/1/2007
5
Approved; Withdraw from OAL
D-2 Hayden, Robert
Rutgers University 1/1/2007
A
Denied; Continue Service; Continue in OAL
D-3 Monthly OD Grid .. ..
.
Approved (see list below)
D-4 Hillman, Ruth
Ewing Lawrence Sewerage Authority 7/1/2009
A
Denied Ordinary, Offer Service

Ordinary Disability Grid

Member's Name

Effective Date

Opt

Employer

Ahlers, Judith A

07/09

B

Wall Township BOE

Atkinson, Roberta

10/09

A

Marlboro Township BOE

Bell, Wilbur G

08/09

5

Nutley Township

Bennett, Walter

08/09

A

South Woods Prison - Dept. of Corr 

Berko, John P Sr

09/09

2

Hillsborough Twp BOE

Bostic, Dwight L

09/09

C

Dept Children & Families

Brown, Carolyn L

11/09

2

Treasury - Div of Pensions & Benefits

Bryant, Lyle

08/09

B

South Woods Prison - Dept. of Corr

Bush, Louis

06/09

A

Regional Operations South

Cannella, Charlie A

07/09

5

Ocean County

Capellan, Maximo

04/09

A

Paterson City

Carrigan, Theresa

10/09

5

William Paterson University

Castano, Gloria M

08/09

5

Jersey City Public Schools

Ceglarski, Richard

01/10

A

Middle Township

Chand, Mohammad

05/09

A

East Jersey State Prison

Colon, Daisy M

09/09

5

Paterson City

Conklin, Edward

08/09

5

Jersey City Incinerator Authority

Corrales, Graciela

08/09

1

Union County

Cox, Eric Alan

08/09

A

Deptford Twp BOE

Dailey, Judith

06/09

5

Randolph Township BOE

Ferris, Loretta E

08/09

5

Eastampton Township BOE

Flannery, Joseph J

08/08

5

Camden Co Bd of Chosen Freeholders

Flick, Robert J

06/09

5

Monmouth County/Hall of Records

Frank, Floyd E

08/09

1

Edna Mahan Corr Facility

Gallo, Sandra A

09/09

5

Woodbridge Township BOE

Hartem, Diane

08/09

5

Cumberland Co Bd Social Services

Harvey, Hosea II

09/09

A

Bernards Township

Hawkins, Wesley L Jr

12/08

1

Atlantic City

Kane, James

07/09

A

UMDNJ

Keith, Dennis J

10/09

5

Marlboro Township

Kelly, Susan

08/09

5

Berlin Township

Kensicki, Laraine

07/09

C

Kittatinny Regional HS

Leslie, Viola M

08/09

5

Motor Vehicle Commission

Macchiarelli, Angela

06/09

5

Clifton City BOE

McKenna, Susan

09/09

D

Elizabeth City

Miller, Elaine

09/09

5

Hillside Township

Nicholas, James

09/09

5

Passaic County

Otter, Robert

09/09

5

Mercer County

Pinho, Francisco A

06/09

2

Newark Housing Authority

Powers, David W

12/08

C

Toms River Township

Quarino, Andrea

01/10

5

Judiciary

Member's Name

Effective Date

Opt

Employer

Reddick, Freddie E

06/09

A

Rutgers University

Rogolino, Gloria M

06/09

1

Middlesex Co Bd of Social Services

Rosiji, Vida L

06/09

5

Camden City

Shelton, Paul H

08/09

B

Cape May County MUA

Sivasankaran, Soman

12/08

A

Union County

Solano, Catherine M

09/09

5

Joint Meeting Essex & Union Co

Soto, Alma N

12/09

5

Vineland Developmental Center

Swiney, Mary P

03/09

5

Ancora Psychiatric Hospital

Vacha, Kenneth P

12/09

B

Edna Mahan Corr Facility

Wagner, Marilyn G

03/09

5

Cherry Hill Twp BOE

Ward, James J

08/09

5

Dept Military & Veteran Affairs

Total = 52


CLOSED SESSION

Accidental Disability

 .

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE DATE

OPT

ACCIDENT
DATE

Decision

E-1

Gilsdorf, Donna
Dept of Corrections
6/1/2009
1
5/1/2008
Approved
E-2 LoPresti, Richard
Township of Old Bridge
11/1/2008
5
7/10/2006 12/5/2007
Denied Accidental Granted Ordinary
E-3 McGee, Samuel
Borough of Princeton
6/1/2009 5
2/1/2007
Approved
E-4 Knowles, James
Township of Cherry Hill
7/1/2009 D
1/22/2006
Approved
E-5 LeBuis, Arthur
East Brunswick Sewerage Authority
7/1/2009 A
7/10/2006
Denied Accidental Granted Ordinary
E-6 Erbetta, John
Middlesex County
6/1/2009 A
7/14/2005 10/15/2007
Denied Accidental, Withdrawal only (< 10 years)
E-7 Stafford, Mikell
Rutgers
6/1/2009
5
5/17/2007
Approved
E-8 Ronayne, James
Passaic County
3/1/2009
A
10/18/2007 8/13/2008
Tabled for new IME
E-9 Urban, Michael
Mercer County Community College
5/1/2009
D
10/11/2006
Approved
E-10 Lenart, Frank
Middlesex County Parks Department
6/1/2009
5
8/23/2006
8/26/2008
Denied Accidental, Offer Service effective April 1, 2011
E-11 Haberek, Lynn
Long Beach Township
8/1/2009
A
7/13/2004
Denied Accidental Granted Ordinary
E-12 Wheller, Kinyah
Newark Public Schools
12/1/2008
5
11/1/2006
Denied Accidental, Withdrawal only
E-13 Pennock, Judy
Cherry Hill Township BOE 5/1/2009 5
4/3/2008
Approved
E-14 Boody, Garry
South Jersey Prot 5/1/2009 2
9/16/2004
Approved


OPEN SESSION

Retirement Issues

F-1+

Bigelow, Susan - Newark City - Honorable Service
Partial Forfeiture; Forfeit service and salary from October 1, 1995 through termination of employment; Retroactive to effective date (Retirement Bureau)

F-2
Edwards, Rudolph - Traffic Operations North - Honorable Service
Denied (Total Forfeiture) (Retirement Bureau)
F-3+
Madresh, Beth - Union County College - Return to Employment
Issue of bona fide retirement
Not a bona fide retirement; Re-enroll; Repay overpayment (Retirement Bureau, Enrollment Bureau)
F-4
Pickton, Joseph - Institute of Technology - Late Filing
Denied
F-5+
Saccomanno, Anthony - Suspension of Retirement benefits
Tabled the suspension of benefits for final adjudication of charges or refer back to Board in 60 days
F-6
Concepcion, Carlos - New Jersey State Prison - Honorable Service Deferred retirement - Request to Postpone
Approved request to postpone until November 12
F-7+
Casbar, Lucas - Palisades Park BOE - Return to Employment
Tabled for additional clarification from employer (External Audit)
F-8
Rosser, Ruth Willie - Mercer County & Trenton City - Return to Employment
Cancel retirement; Re-enroll; Repay overpayment (Trustees Culliton and Maurer recused.)
(Enrollment Bureau, Retirement Bureau)
F-9+
Behnke, Janice - Hackensack City - Creditable Compensation
Approved (Vote: 7:1; Nae: Trustee Culliton) (Retirement Bureau)
F-10
Leavitt, Olga - Kean University & Husdon County - Issue of Bona fide retirement
Noted (member did not return to work - retirement is bona fide)
F-11+
Di Costanzo, Frank - Lodi Borough - Return to Employment resubmission
Continue retirement; waiver repayment of overpayment (Vote: 7:1; Nae: Trustee Culliton)
(External Audit)


OPEN SESSION

Hearing Decisions

G-1

Lawz, Kim - Woodbridge Developmental Center - Initial Decision ALJ reversed the Board's decision and granted Ordinary Disability retirement benefits effective April 1, 2006, under maximum allowance
Adopted ALJ Decision (Retirement Bureau, Health Benefits)

G-2
Mangine, Dominick - Property Management & Construction - Final Administrative Determinations
Approved
G-3
Steele, James - Washington Twp MUA - Final Administrative Determinations
Approved
G-4
DeCandia, Maurice - Motor Vehicle Commission - Initial Decision
ALJ reversed the Board's decision and granted accidental disability retirement benefits effective July 1, 2007 under maximum allowance
Adopted ALJ decision (Retirement Bureau, Health Benefits, Financial)
G-5
Hall, Eric - Judiciary - Hearing Withdrawals
Noted
G-6
Bailey, Barbara - South Woods Prison - Final Administrative Determinations
Approved
G-7+

Knox, Harold - Union County - Settlement Proposal in OAL
Rejected Settlement Proposal; Continue in OAL

G-8
Wilson, Daniel - West Deptford Township - Final Administrative Determinations
Approved
G-9
Rose, Anthony - Linden City - Final Administrative Determinations
Approved
G-10
Watts, Frank - UMDNJ - Final Administrative Determinations
Approved
G-11
Dello Russo, Emilio - Newark City - Hearing Withdrawals
Noted


OPEN SESSION

Hearing Requests

H-1

Seepaul, Roopnarine - Consumer Affairs - Appeals the Board's denial of Ordinary Disability retirement benefits
Approved

H-2
McCall, Desiree - Elizabeth BOE - Appeals Board's denial of Ordinary Disability retirement benefits
Approved
H-3+
Fauteux, Lucille - Lakewood Twp. BOE - Appeals Board's denial of Creditable Compensation; Requests Reconsideration
Denied reconsideration; Reaffirm denial; Approve Hearing
H-4
Mancuso, Maria - Judiciary - Appeals the Board's denial to puchase service from December 4, 2006 through September 1, 2007 while on leave for union business;
Request to reconsider; Request for hearing
Reconsidered and Denied; Approved Hearing in OAL (Trustee Maurer recused.)


OPEN SESSION

Active Membership Issues

J-1+

Reilly, Bernard - Atlantic Highlands - PERS Eligible Service
Denied ; Request to consolidate with other issues in OAL (Trustee Culliton recused.)

J-2+
Leonik, Thomas - Cape May County MUA - Request to Purchase
Denied


OPEN SESSION

Death Claim Issues

K-1

Zarotynski, Zofia for Krzysztof (dec'd) - South Jersey Port Corporation -
Accidental Death
Approved (Trustee Lowden recused.) (Death Claims, Retirement Bureau)



OPEN SESSION

Informational Issues

L-1
State Investment Council Agenda for Thursday, July 9, 2009 meeting
Noted
L-2
Common Pension Fund B as of March 31, 2009
Noted
L-3
Common Pension Fund B as of April 30, 2009
Noted
L-4
Common Pension Fund A as of June 30, 2009
Noted
L-5
Common Pension Fund D as of June 30, 2009
Noted

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

The next meeting of the Board will be held on October 21, 2009.

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Division of Pensions and Benefits
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Last Updated: September 17, 2009