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Pensions and Benefits
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
OCTOBER 19, 2016
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 2016 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on December 21, 2015.

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 (20K)


OPEN SESSION


Called to Order: 10:10 a.m.

Adjourned: 12:30 p.m.

Roll Call:

Tom Bruno, Ned Thomson, Ronald Winthers, Carey Brown, Brian Currie, Benjamin
Hurst, William O'Brien (arrived 10:18 ), Wendy Jamison


Absent: Tracy Smith

Also Present: Jackie Bussanich; Sharon Barnes; Amy Cerovsky; Robert Kelly, DAG; Jeff Ignatowitz,
DAG; Valerie McManus; Luanne Barnett; Saretta Dudley; Lisa Pointer; Mary Ellen
Rathbun; Mike Salerno, NJEA; Michael Weik; Kristin Bell; Sue Grant; William Tedder;
Kara Ansley; Dimitre Zahariev; Barbara Petren; Kourtney Petren; Joseph Manney,
attorney; Trooper Colleton



OPEN SESSION

Minutes

Minutes from the meeting of September 21, 2016
Approved (Trustee Jamison abstained.)


OPEN SESSION

Miscellaneous Issues

  None
   


OPEN SESSION

Retirement and Death Lists

C-1
Active and Retired Death Lists
Approved
C-2 Return to Employment
Approved
C-3 Chapter 221
Approved
C-4 Retirement List
Approved
 

CLOSED SESSION

Ordinary Disability

 
MEMBER'S NAME
AND NO.
EMPLOYER
EFFECTIVE
DATE
OPT
DECISION
D-1 Myers, Lucretia Vineland City Board of
Education
4/1/2016 1 Denied Ordinary, Offer Deferred
D-2 Browne, Edith NJ Vets Mem Home
at Menlo Park
4/1/2016 A Denied Ordinary, Offer Deferred
D-3 Clappison, Vicki Hunterdon
Developmental Center
5/1/2016 5 Off payroll over 2 years Approved
D-4 Greenlee, Janice Essex County 5/1/2016 5 Denied Ordinary, Offer Deferred
D-5 Resto, Santo Dept of Children & Families     Request to Apply for Ordinary
Disability retirement benefits -
Denied eligibility for Ordinary
Disability; Offer Service; however,
Service Retirement may need
review under Uricoli analysis
D-6 Monthly OD Grid       Approved (See list below)

ORDINARY DISABILITY APPROVALS

Member's Name

Effective
Date

Opt

Employer

Berk, Sherri Beth

08/16

5

Superior Court Of NJ

Boxley, Linwood E

09/16

5

Newark Public Schools

Carideo, Joseph Michael

08/16

5

Ocean City BOE

Concepcion, Ricardo

08/16

5

Atlantic City

Crawford, Tina N

07/16

C

Division Of Family Development

Dilks, Terri L

11/15

C

Woodbine Developmental Center

Dodd, Linda L

05/16

A

Training & Employment Services

Eads, Catherine

03/16

A

Belmar Borough

Edwards, Michele S

07/16

5

Hudson County

Estergren, Anne M

09/16

5

Dept. Of Children And Families

Furman, Marc E

09/16

5

State Police Civilian Employees

Gan, Thomas E

02/16

5

Scotch Plains Fanwood BOE

Gatier, William H

12/16

A

Correct-Bayside State Prison

Gordon, Leonard P

06/16

5

Judiciary Ocean County

Green, Cheryl R

07/16

A

Morris-Union Jointure Comm

Grossi, Katalin

01/17

5

Hudson Co. School of Technology

Healy-Tomlinson, Patricia

07/16

5

Lower Township BOE

Hill, Frankie

04/16

A

Neptune Twp. BOE

Holloway, Lori A

06/16

5

Dept. Of Children And Families

Jackson, Russell L

05/16

A

Passaic BOE

Jones, Beverly J

10/15

1

Office Of The Public Defender

Kuz, Barbara Mae

06/16

5

Hardyston Township BOE

Lowe, Shirley M

01/17

5

Middlesex County

Mccants, Artego

06/15

5

Pleasantville BOE

Miller, Holly A

07/16

5

Dept. Of Children And Families

Moharem, Nahla A

06/16

5

Passaic BOE

Morin, Sandra

10/16

5

Dept. Of Children And Families

Mulryne, Barbara A

05/16

5

Hamilton Twp. BOE

Oneill-Mcelduff, Patricia

11/16

5

Mountain Lakes BOE

Padua, Maria G

11/16

5

Irvington BOE

Paulaitis, Tracy D

07/16

5

Judiciary Cumberland County

Pepper, Robert A

05/16

5

Ocean County

Powers, Thomas

06/16

5

Dept. Of Banking & Insurance

Pyne, Robert E Jr

10/16

C

Spring Lake Heights BOE

Richardson, Linda

09/15

A

Jersey City Public Schools

Runco, Kathleen T

08/16

5

Judiciary Warren County

Sargent, Robert W

07/16

C

NJ Turnpike Authority

Shakir, Haneefah Nadirah

09/16

5

The College Of New Jersey

Sorensen, Melanie B

02/16

5

Prevention & Community

Squire, Lenwood E

04/16

2

Hamilton Township

Tetrault, Virginia A

07/16

5

Cumberland County

Van Zandt, Kim

02/16

5

Vineland Developmental Center

Walker, Willie C

05/16

5

Forensic Psychiatric Hospital

Wilson, Joseph

09/16

A

Woodbine Developmental Center

Zdunek, Carol A

04/16

5

Middlesex County

Total = 45  


CLOSED SESSION

Accidental Disability 

 

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE
DATE

OPT

ACCIDENT
DATE

DECISION

E-1

Jenkins, Thomie Dept. of Children
and Families
10/1/2014 5 7/10/2013
7/10/2013
Reconsidered and Denied
Accidental; Continue Ordinary;
Continue in OAL
E-2 Clark, Edith Woodbine
Developmental Center
1/1/2016 C 12/17/2006 Approved

E-3

Burroughs, Gail Forensic Psychiatric
Hospital
12/1/2015 5 2/17/2014 Approved
E-4 Metzler, Dorothea Ancora Psychiatric
Hospital
8/1/2015 D 7/16/2004
8/25/2005
Denied Accidental, Offer Service

E-5

Cole, Lisa Camden City 9/1/2015 1 1/10/2014 Denied Accidental, Withdrawal only
E-6 Sanchez, Rosamaria Atlantic County 3/1/2015 A 7/13/2013 Denied Accidental Granted Ordinary

E-7

Gebrail, Lisa Hudson County 9/1/2016 A 3/5/2010 Approved
E-8 Hopkins, Willie Ann Klein Forensic Ctr 9/1/2016 A 10/6/2014 Denied Accidental Granted Ordinary

E-9

Patterson, Princess Greenbrook Regional
Center
8/1/2015 5 8/7/2014 Approved
E-10 Rodriguez, Binui Vineland City 9/1/2016 B 8/28/2015 Denied Accidental, Offer Deferred
(Does not have 10 years of NJ
service to qualify for OD.)

E-11

Smith, Deborah Monmouth
County/Hall of
Records
5/1/2015 D 12/1/2010 Denied Accidental, Offer Deferred
E-12 Decataldo, Peter Ocean County Board
of Health
8/1/2016 2 10/15/2005
9/16/2011
Denied Accidental Granted Ordinary

E-13

Johnson, Carol
Trenton Psychiatric
Hospital
1/1/2016 D 3/30/2006
7/31/2013
1/26/2014
Approved Accidental on the 1/26/14
incident
E-14 Buy, Douglas Monmouth County/
Hall of Records
3/1/2016 5 9/26/2013 Approved

E-15

Darby, Diane Hudson County 10/1/2015 5 9/5/2012 Denied Accidental, Offer Service
E-16 Farrington, Tyrice Woodbine
Developmental Center
7/1/2016 5 10/19/2015 Denied Accidental, Withdrawal only
(less than 10 years of service)

E-17

Gubenski, Linda Forensic Psychiatric
Hospital
12/1/2016 5 6/13/2014 Off payroll over 2 years Tabled for
new IME
E-18 Sapienza, Valerie Union Co Bd of Social
Services
4/1/2016 1   a) Request to change date of
incident on which accidental
disability was approved - Denied
b) Request return of contibutions
from 2005 forward - Denied

E-19

Schwartz, Randy Middlesex County 8/1/2016 5 3/16/2015 Approved
E-20 Oates, James NJ Water Supply
Authority
7/1/2016 5 7/6/2015 Denied Accidental Granted Ordinary

E-21

Clark, Addison Howell Twp BOE 5/1/2016 A 9/22/2010 Reconsidered and Denied
Accidental Disability; Offer Service;
Approve OAL Hearing
E-22 Pieretti, Renee North Arlington Boro 11/1/2015 C 3/2/2015 Denied Accidental Granted Ordinary

E-23

Coleman, Jackie
City of Camden 10/1/2015 5 1/20/2011
10/24/2011
9/17/2014
Denied Accidental, Offer Service
(less than 10 years)



OPEN SESSION

Retirement Issues

F-1+ Zahariev, Dimitre - Millburn Twp Public Schools - Honorable Service Deferred
Retirement
Partial forfeiture; Forfeit service & salary from January 1, 2012 through termination of
employment; Approve Service Retirement (Retirements, Audit, Health Benefits)
F-2 Vega, Mariano - Jersey City - Honorable Service Request to Postpone -
Approved request to postpone until December 14, 2016 Board meeting
F-3+ Petren, Barbara - Spotswood BOE - Honorable Service
Partial forfeiture; Forfeit salary only from Spotswood Borough from January 1, 2012 through
termination; Approve Early Retirement (Retirements)
   

OPEN SESSION


Hearing Decisions

G-1+ Cohen, Sheldon - Fort Lee Borough - Initial Decision The ALJ
affirmed the Board's decision that Mr. Cohen has not met his burden to demonstrate his
eligibility for pension credit for service as Labor Attorney and Borough Attorney in the
Borough of Fort Lee for the years 2001-2007. Exceptions filed by Mr. Cohen; Exceptions
filed by DAG Ignatowitz; Reply to exceptions filed by Mr. Cohen.
Adopted ALJ decision with modification that he is ineligible for PERS enrollment from 2001
to 2007 under both the 20 factors and Publication 963 tests, rather than Chapter 92; the
evidentiary record was clarified; Note exceptions filed by Mr. Cohen; Note exceptions filed
by DAG Ignatowitz; Note reply to exceptions filed by Mr. Cohen
G-2 Randolph, Nancy - New Lisbon Developmental Center - Initial Decision ALJ
affirmed the Board's decision denying ordinary disability retirement benefits
Adopted ALJ's decision
G-3 Siano, Giovina (deced) - Union County - Initial Decision ALJ
upheld the Board's decision to pay the benefits payable upon the death of Giovina Siano,
specifically the group life insurance and pension survivor benefits to her husband Roger
Porras
Adopted ALJ's decision
   

OPEN SESSION


Hearing Requests

H-1 Abraham-Mildner, Sarah - Atlantic County Welfare BD - Appeals the Board's
denial of Ordinary Disability retirement benefits.
Approved
H-2 William, Smolder - Traffic Operations North - Appeals the Board's denial of
Accidental Disability retirement benefits.
Approved
H-3 Leone, Robert - Union County - Appeals the Board's denial of Accidental
Disability retirement benefits
Approved
H-4 Davis, Esther - Veterans Haven South - Appeals the Board's denial of
accidental disability retirement benefits
Approved
H-5 Rothman, John - Atlantic City Mun Util Auth - Appeals the Board's denial of
ordinary disability retirement benefits
Approved
H-6+ Burke, Richard - Warren Co Bd of Chosen Frhldrs - a) Request to Stay -
Denied
b) Appeals denial of PERS membership effective 1/1/08, pursuant to Ch. 92, P. L. 2007 -
Approve
H-7 Simmons, Selena - Vineland Developmental Center - Appeals the denial of
accidental disability retirement benefits
Approved
   



OPEN SESSION

Active Membership Issues

J-1+ Sahaj, Frank - Mountainside Borough - Termination of PERS pursuant to Ch.
92, P.L. 2007 - Request to Postpone until December Meeting
Approved request to postpone until December 14, 2016
   


OPEN SESSION

Death Claim Issues

K-1

Schmerling, Margaret for Morton (deced) - Upper Twp. - Request accidental
death benefits
Denied (Claims Bureau)

   


OPEN SESSION

Informational Issues

L-1 Appellate Division Decisions George Garrett v. PFRS
Noted
L-2 Board Meeting Dates 2017
Noted
L-3 Wire Transfer - Non-Contributory Group Insurance Policy# 14800 Benefit Claims
Noted
L-4 Wire Transfer- PERS Contributory Group Insurance Policy# 13900
Noted
L-5 Appellate Division Decisions Michael Steele v. TPAF
Noted
L-6 Common Pension Fund D As of August 31, 2016
Noted
   


OPEN SESSION

Reports

M-1

Pension Boards Appeal Update
Noted (Trustees Winthers, Thomson, Jamison and DAG Kelly recused.)

   


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

The next meeting of the Board will be held on November 9, 2016.

 
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