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Pensions and Benefits
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
SEPTEMBER 19, 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 (17K)


OPEN SESSION


Called to Order: 10:05 AM

Adjourned: 3:15 PM

Roll Call:

Leon Flanagan; Thomas Bruno; Suzanna Buriani-DeSantis; Peter Maurer (left at 2:25); Max Hurst; William O'Brien (arrived 10:20); Ronald Winthers; Susanne Culliton


Absent: Ned Thomson

Also Present: DAG Kellie Pushko; Hank Schwedes; Kathleen Coates; Jackie Bussanich; Amy Mazzeo; Marylou Mayoros; John Megariotis; Janet Cranna, Buck Actuary; Raschelle Wiggins; Michael Czyzyk; Florence Sheppard; Sunanda Rana; Sheldon Pincus, attorney; Carolyn Miksch; Gary Miksch; Christopher Gray, attorney; Bruce Davis; Michael Mariniello; Gail Connors; E. Thomas Brennan, attorney; Milton Figueroa; Alan Rosenberg, attorney; Daniel Levy; Bill Meadows, attorney; DAG Chris Tattory



OPEN SESSION

Minutes

Minutes from the meeting of August 15, 2012
Approved


OPEN SESSION

Miscellaneous Issues

B-1+

Experience Study for PERS
Accepted



OPEN SESSION

Retirement and Death Lists

C-1

Active and Retired Death Lists
Approved

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

CLOSED SESSION

Ordinary Disability

  
MEMBER'S NAME
AND NO.
EMPLOYER
EFFECTIVE
DATE
OPT
DECISION
D-1 Peek, Dennis
City of Union City
4/1/2012
5
Denied Ordinary, Offer Deferred (off payroll over 2 years)
D-2 Leach, Brenda
Trenton City BOE
9/1/2011
1
Approved
D-3 Mapp, Denise
NJ Dept of Environmental Protection
5/1/2012
C
Denied Ordinary, Offer Early
D-4 Predmore, Brenda
Sussex County
6/1/2012
5
Denied Ordinary, Offer Deferred
D-5 Goglia, Toni
Toms River Schools
7/1/2012
Denied Ordinary, Offer Deferred
D-6 Crutchfield, Debra Greystone Park Psychiatric Hospital
5/1/2012
5
Denied Ordinary, Offer Service
D-7 Miksch, Carolyn
Waren Hills Reg. Schools
2/1/2012
B
Tabled
D-9 Rossignolo, Elena
Judiciary Middlesex County
12/1/2011
5
Reconsidered and Denied Ordinary; Offer Service
D-10 Counts, Waynetta UMDNJ
12/1/2011
5
Approved
D-11 Generoso, Joseph Passaic County
11/1/2010
5
Reevaluation - No longer disabled
D-12 Monthly OD Grid       Approved (see list below)

ORDINARY DISABILITY APPROVALS

Member's Name

Effective Date

Opt

Employer

Alford, Sheila R

06/12

5

Union County

Ansback, Shannon M

09/12

D

Hagedorn Gero-Psych. Hospital

Bange, Austin P

08/12

5

Northern State Prison

Beresford, David Mark

08/12

A

Little Silver BOE

Botelho, Beverly

07/12

5

Warren Co Board of Chosen Freeholders

Brailey, Stephen C

07/12

5

Rahway City

Burgos, Milagros

07/12

D

Woodbridge Developmental Center

Calderone, Joseph F Jr

08/12

D

Regional Operations Central

Cameron, George

03/12

5

Ridgewood Public Library

Cantey, Brian K

07/12

C

Ancora Psychiatric Hospital

Castelonia, James A

07/12

5

Ramsey Borough BOE

Clark, Sadie

02/12

5

Perth Amboy BOE

Cocchiaro, Carmela

12/12

5

Morris-Union Jointure Comm

Coffee, John

06/12

D

Ancora Psychiatric Hospital

Connolly, Plucerfina R

10/12

5

Ancora Psychiatric Hospital

Denkin, Marilyn H

06/12

5

Training & Employment Services

Floyd, Vickie M

08/12

5

UMDNJ

Fritz, Wayne L

08/12

5

North Wildwood City

Galindo, Maura A

06/12

B

Rutgers University

Gallman, Rickey

07/12

5

Newark Public Schools

Greenfield, Janet

07/12

5

Vineland Developmental Center

Guest, Rosella

11/12

A

Greenbrook Regional Center

Hyatt, Raymond D

09/12

D

Cliffside Park BOE

Hyer, Kathleen

07/12

5

Hamilton Twp BOE

Kelliehan-Dooley, Yolanda

10/12

5

Essex County

LeFevre, Moira A

10/12

B

New Lisbon Developmental Center

Lopez, Alfredo

07/12

A

West Deptford Twp BOE

Lynch, Anna

10/12

D

Gloucester County

McDonald, Marcie A

06/12

5

Vineland Developmental Center

McQuilkin, James H

06/12

1

Juvenile Justice Commission

Merchant, Frank L

09/12

5

Regional Operations South

Miller, Carolyn S

06/12

A

Woodbine Developmental Center

Muller, Susan R

01/13

5

Fairfield Twp BOE

Nihalani, Bhagwan K

01/13

5

Hudson County

Orsogna, Suzanne L

07/12

C

Rutgers University

Ortiz, James Peter

04/12

5

Jersey City

Padilla, Iraida

06/12

D

Northern State Prison

Pagliughi, Scott P

08/12

5

Vineland City

Patterson, Donald

09/12

A

Trenton Psychiatric Hospital

Picerno, Anthony R Sr

07/12

5

Pitman BOE

Pollock, Robert Muir III

11/12

5

Cumberland County Improvement Auth

Prezioso, Linda

02/12

5

Keansburg BOE

Richemond, Rosa

07/12

A

Disability Determinations

Riedl, Frank J

02/12

A

Clearview Regional BOE

Member's Name

Effective Date

Opt

Employer

Rivera, Margarita

07/12

5

Green Brook BOE

Rodriguez, Francisco

06/12

5

Dept of Children And Families

Salafrio, Virginia M

07/12

A

Jackson Township BOE

Schenck, Rosalind J

08/12

5

Division of Family Development

Shaieb, Hala

06/12

B

Department of Labor

Sherman, Jelica H

09/12

D

Monroe Township

Sienkiewicz, John E

10/12

B

CPM-Design Services

Smith, Rasheeda

08/12

C

New Lisbon Developmental Center

Spoonauer, Dolores

06/12

C

Freehold Twp BOE

Taylor, Kim Yvonne

01/13

5

Hunterdon County

Tortoriello, Ellen F

09/12

5

Edison Twp BOE

Turner, Marva

08/12

5

Elizabeth City

Vance, Larry

07/12

5

Morris County

Wright, Edward E Jr

08/12

5

The College of New Jersey

Young, Celina V

11/12

B

Essex County

Total = 59



CLOSED SESSION

Accidental Disability 

 

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE DATE

OPT

ACCIDENT
DATE

DECISION

E-1

Derr, Brian
Camden Co. Bd of
Chosen Freeholders
8/1/2011
5
4/2/2009
Approved
E-2 Finer, Diane
State Police Civilian
Enployees
12/1/2009
5
1/22/2001
4/23/2009
Reconsidered and Denied Accidental; Grant Ordinary (on separate illness); Continue in OAL

E-3

Wagner, Maxine Ann Klein Forensic
Center
4/1/2007
5
9/28/1994
Reconsidered and Denied Accidental; Continue in OAL
E-4 Milano, Leo
Borough of Ho-Ho-Kus
8/1/2010
D
3/9/2009
Reconsidered and Denied
Accidental; Continue Ordinary;
Continue in OAL

E-5

Kosek, William
Passaic County
7/1/2012
C
8/28/2009
1/7/2011
Approved
E-6 Davis, Bruce
Juvenile Justice
Commission
8/1/2012
1
12/30/2010
Approved

E-7

Garnes, Arnette
Judiciary/Hudson
County
4/1/2012
B
4/7/2005
Denied Accidental Granted Ordinary
(repetitive motion)
E-8 Horta, Jose
Somerset County
7/1/2012
C
6/15/2009
2/3/2012
Denied Accidental Granted Ordinary

E-9

Auten, Portia
New Brunswick BOE
7/1/2012
5
9/13/2011
Approved
E-10 Bastedo, Cheryl
Marlboro Township
2/1/2010
5
4/30/2009
Reconsidered and Denied
Accidental; Continue in OAL

E-11

Triola, Theresa
Department of
Children & Families
1/1/2012
5
4/6/2010
Denied Accidental, Offer Deferred
E-12 Eid, Saad

Borough of Carteret
5/1/2012
D
12/4/2008
9/17/2009
Tabled, Grant Interim Ordinary
Disability (additional info from IME)

E-13

Palmisano, Anthony
NJ Turnpike Authority
7/1/2012
A
11/6/2007
Approved
E-14 Cobb, Alterick
Newark Public
Schools
4/1/2012
5
9/22/2011
Denied Accidental, Offer Deferred

E-15

Farooqui, Mohammad
Greystone Park
Psychiatric Hospital
4/1/2012
D
2/19/2001
Approved w/1 year re-exam
E-16 Dwah, Edwin
North Jersey
Developmental Center
12/1/2011
5
1/31/2004
Reconsidered and Approved (only issue is delayed manifestation)

E-17

Singletary, Vickie

South Woods Prison-
Department of
Corrections
6/1/2012
5
11/14/1997
9/29/2008
11/9/2011
Denied Accidental, Offer Deferred
E-18 Sack, Anita
Trenton Psychiatric
Hospital
4/1/2012
1
6/10/2011
Approved 
E-19 Mastro, Milo
Hardyston Township
1/1/2012
C
8/31/2010
Approved

E-20

Schuck, Dennis
Leonia Borough
5/1/2012
B
12/8/2008
Denied Accidental Granted Ordinary
E-21 Soto, Catherine
NJ Vet Memorial
Home at Menlo Park
5/1/2012
C
3/1/2011
Approved

E-22

Sharkey, Kathleen
West Wildwood Boro
3/1/2012
5
11/5/2007
Approved
E-23 Curran, Jay
Edison Twp. BOE
6/1/2012
5
9/29/2009
Tabled, Grant Interim Ordinary
Disability (clarification from
employer regarding incident)

E-24

Colon, Sandra
Camden Co. Bd of
Chosen Freeholders
6/1/2011
C
6/13/2005
(originally logged on as D-8)
Reconsidered and Denied
Accidental; Continue Ordinary;
Continue in OAL
E-25 Fink, Michael
Jackson Twp. BOE
7/1/2012
5
9/15/2009
Approved

E-26

Ryan, Lisa
Cherry Hill Twp. BOE
10/1/2012
5
1/18/2011
Denied Accidental Granted Ordinary
E-27 Kampe, William
Monmouth
County/Hall of
Records
7/1/2012
B
9/1/2010
Denied Accidental, Withdrawal only (less than 10 years)

E-28

Robbins, Todd
Boro of South
Bound Brook
6/1/2012
A
4/6/2011
Approved
E-29 Ventura, Anthony
Carlstadt Borough
6/1/2012
B
1/23/2009
Approved

E-30

Owens, Gail


Treasury-Division of
Pension and Benefits
1/1/2013
B
6/8/2006
11/15/2006
12/8/2006
Denied Accidental, Offer Deferred
(Trustee Culliton recused.)



OPEN SESSION

Retirement Issues

F-1+ Mariniello, Michael - Ho-Ho-Kus/Rochelle Park Township - Issue of non bona fide retirement
No re-enrollment required; Must repay salary earned w/Closter after effective date of retirement (External Audit, Retirements)
F-2+ Connors, Gail - Wall Township - Option Change
Denied (Vote: 6:2; Nae: Trustees Bruno and O'Brien)
F-3 Veltri, John - Essex County - Appeals repayment of pension during period of incarceration
Approved (Retirements)
F-4 Trovato, John - Harrison Town - Option Change
Denied Option Change; Grant OAL Hearing
F-5 Shah, Ashokkomar - Morris County - Option Change
Denied
F-6 Weingarten, Michael - Cinnaminson Twp. Bd of Ed - Return to Employment
Denied and Re-enroll; Re-retire; Recalculate; Repay overpayment of pension (External Audit, Retirements)
F-7+ Figueroa, Milton - Riverfront State Prison - Return to Employment
Denied; Retirement non bona fide; Reinstate from Ordinary Disability; Repay overpayment of retirement benefits (Enrollments, Retirements, External Audit)
F-8 Smith, Joseph - Riverfront State Prison - Appeals repayment of pension salary period of incarceration; Request to Postpone
Denied request to postpone; Approve Appeal (Retirements)
F-9 Apfelbaum, Alan - Hudson County - Request for extended repayment schedule
Approved



OPEN SESSION


Hearing Decisions

G-1 Brown, John - Rutherford Borough - Hearing Withdrawals
Noted
G-2 Pfannen, Kenneth - Rockleigh Borough - Hearing Withdrawals
Noted
G-3 Clayton, Jeffrey - Long Branch BOE - Initial Decision ALJ affirmed the Board's denial of accidental disability retirment benefits; Exceptions; Reply to exceptions
Adopted ALJ decision; Noted exceptions; Noted reply to exceptions
G-4 Yackwack, Donna - Elizabeth BOE - Initial Decision ALJ reversed the Board's decision and granted ordinary disability retirement benefits; Exceptions; Reply to Exceptions
Adopted ALJ decision; noted exceptions; noted reply to exceptions (Retirements, Health Benefits)
G-5 Kochel, David - Initial Decision ALJ reversed the Boards decision that required repayment of benefits paid from September 2007 through August 2008, found that only compensation must be repaid; Exceptions Adopted ALJ's Findings of Fact; Rejected Conclusions of Law; Modify the penalty to
reaffirm original assessment (External Audit, Retirements)
G-6 Caldwell, John - Carteret Borough - Initial Decision ALJ reversed the Board's decision and granted accidental disability retirement benefits; Exceptions; Reply to Exceptions
Rejected ALJ decision; noted exceptions; noted reply to exceptions
G-7 Pecorelli, Carmine - Dept of Comm & Economic Development -
ALJ upheld the Board's decision and ordered the payment of $13,821.00; Exceptions Adopted ALJ's Findings of Fact; Rejected Conclusions of Law; Modify the penalty to reaffirm original assessment (External Audit, Retirements)
G-8 Smith, Howard - Sea Isle City - Hearing Withdrawals
Noted
G-9 Erla, Kathleen - Jersey City Public Schools - Final Administrative Determinations
Approved



OPEN SESSION


Hearing Requests

H-1 Cutillo, Marietta - Secaucus Municipal Util. Auth. - Appeals the Board's denial of ordinary disability retirement benefits
Approved
H-2 Wesley, Lynn - Dept. of Children & Families - Appeals the Board's denial of accidental disability retirement benefits
Approved
H-3 Boges, Bobbi Lynn # - Juv. Jus. Comm. Central Office - Appeals the Board's denial of ordinary disability retirement benefits
Approved (Trustee Culliton recused.)
H-4 Grayson, Cassandra - New Jersey State Prison - Appeals the Board's denial of accidential disability retirement benefits
Approved
H-5 Ubaidah-Crumblin, Wahidah - Woodbridge Developmental Center - Appeals the Board's denial of accidental disability retirement benefits
Approved
H-6 Green, Teresa - Camden City BOE - Appeals the administrative denial to file for accidental disability retirement benefits
Denied the request to apply for accidental disability retirement benefits
H-7 Beasley, Marvin - Newark Public Schools - Appeals the Board's denial of accidental disability retirement benefits
Approved
H-8 Acevedo, Stacey - Juv. Jus. Comm. Central Office - Appeals the Board's denial of accidental disability retirement benefits
Approved
H-9 Couch, Therletta - NJ Dept of Corrections - Appeals the Board's denial of accidental disability retirement benefits; Appeal filed beyond 45 days
Approved
H-10 Vanderbilt, Debra - Hagedorn - Appeals the Board's denial of accidental disability retirement benefits
Approved (Trustee Bruno recused.)
H-11 Lomski, Gerald - Bergen County - Appeals the Board's denial of repayment resulting from employment after retirement
Approved
H-12 Kissack, Dana - Ramapo Indian Hills Reg H S D - Appeals the Board's denial of ordinary disability retirement benefits
Approved
H-13 Saraf, Komal - Dept. of Children & Families - Appeals the Board's denial of repayment due to return to employment
Approved
H-14 Gomez, Angel - Newark Public Schools - Appeals the Board's denial of accidental disability retirement benefits
Approved
H-15 Vanderbilt, Debra - Hagedorn - DUPLICATE; SEE H-10
H-16 Boges, Bobbi Lynn - Juv. Jus. Comm. Central Office - DUPLICATE; SEE H-3
H-17 Suyhogo, Robert - Asbury Park City - Appeals the Board's denial of accidental disability retirment benefits
Approved
H-18 Angelini, Michael - Multi Employers - Appeals the Board's denial of membership
Approved
H-19 Hendricks, John - Multi Employers - a) Appeals repayment based on return to employment - Approved
b) Request stay of repayment schedule - Denied



OPEN SESSION

Active Membership Issues

J-1+ Levy, Daniel - Washington Township - Creditable Salary Creditable compensation
Denied (Vote: 7:1: Nae: Trustee Bruno)



OPEN SESSION

Death Claim Issues

  None


OPEN SESSION

Informational Issues

L-1 Wire Transfers Non-Contributory group insurance policy #14800 benefit claims
Noted
L-2 Wire Transfers PERS Contributory group insurance policy #13900
Noted
L-3 Common Pension Fund B As of June 30, 2012
Noted
L-4 Common Pension Fund E As of June 30, 2012
Noted
L-5 Common Pension Fund D As of July 31, 2012
Noted
L-6 Online Applications Requirement for Retirement
Noted
L-7 Supreme Court Decisions Bobbi Lynn Merce vs. TPAF
Noted
L-8 Common Pension Fund E As of July 31, 2012
Noted
L-9 Common Pension Fund A As of July 31, 2012

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

The next meeting of the Board will be held on October 17, 2012.

 
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