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PUBLIC EMPLOYEES' RETIREMENT SYSTEM
November 12, 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: 10:10 AM

Adjourned: 11:40 PM

Roll Call:

Leon Flanagan, Peter Maurer, Ned Thomson, Thomas Bruno, Ronald Winthers
(arrived 10:20), Fred Beaver


Absent: Christine Veliz, John Lowden, Suzanna Buriani-DeSantis

Also Present: DAG Kellie Pushko; Kathleen Coates; Jackie Bussanich; Marylou Mayoros; Douglas Dinkler; Amy Mazzeo; Jean Monahan; Mike Czyzyk; Valerie Askew; Wendy Jamison; Debbie Lane; Lucas Casbar; Carmella Conklyn; W. Ruth Rosser; Mark Schorr, attorney; Jerome Kineavy, attorney; Jean Brooks; Lisa Fleisher, Star Ledger


OPEN SESSION

Minutes

Minutes from the meeting of October 21, 2009
Approved


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 Chapter 221
Approved


CLOSED SESSION

Ordinary Disability

..

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE DATE

OPT

DECISION

D-1

Moran, James

Barnegat BOE     Reinstatement from Disability
Retirement Approved
D-2 Monthly OD Grid .
.
.
Approved (See list below).

Ordinary Disability Grid

Member's Name

Effective Date

Opt

Employer

Antonio, Conrado M

12/09

A

New Jersey City University

Bober, Marie J

10/09

B

Woodbridge Township

Brown, Sara D

07/09

5

Vineland City BOE

Bryan, John Michael Sr

12/09

B

Monmouth County/Hall of Records

Bryson, Iris Y

01/10

5

DEPE

Carter, James H Sr

11/09

C

Linden City BOE

Casey, William B

11/09

5

Dumont Borough BOE

Clark, Franklin

09/09

C

Lower Twp MUA

Clark, Roy E

07/09

A

Passaic County

Converse, Frank W

02/10

B

Morris County

Cordano, Raymond

09/09

A

Training & Employment Services

DeGross, Lee M

09/09

5

Ramapo College of New Jersey

DellaPesca, Joann

10/09

1

State Parole Board

Didden, Judy K

01/10

5

Hudson Co Schools of Technology

Gula, Joanne

05/09

5

Morris County College

Harris, Charles E

10/09

1

Ocean County

Honeycutt, Kenneth

10/09

5

Burlington Co College

Jones, Thelma L

10/09

5

East Jersey State Prison

Laino, Linda P

12/09

5

Paramus BOE

LaVolpe, Louis

07/09

D

Hudson County

Martinez, Ana

01/10

5

Bergen County

Martucci, Constance M

12/09

D

Marlboro Township BOE

Michel, Roseann

02/10

A

Gloucester City

Nasatka, Kevin Michael

01/10

D

Mountainview Youth Corr. Facility

Olivant, Walter John

08/09

1

Division of Coastal Resources

Preston, Clyde R

09/09

A

Atlantic City MUA

Price, Madeline Barbara

01/10

5

Pemberton Township BOE

Rivera, Ramona

08/09

1

Passaic Co Bd of Social Service

Seymour-Wayne, Dierdre

10/09

5

Atlantic County

Shah, Rashmikant

10/09

A

Department of Labor

Smith, Nancy-Lynne

09/09

1

Camden Co Bd of Social Services

Smith, Renee E

09/09

5

Bergen County

Stevenson, Patricia Ann

08/09

5

Motor Vehicle Commission

Tomasetti, Paul

10/09

2

Willingboro Township

Wright, Barbara A

01/10

C

Salem City 

Yost, Thomas W

10/09

D

Marie H Katzenbach Sch F/T Deaf

Young, Johnnie

12/09

1

Camden City

Zyck, David S

07/09

5

Kingwood Township 

Total = 38


CLOSED SESSION

Accidental Disability

 .

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE DATE

OPT

ACCIDENT
DATE

Decision

E-1

Tozer, Carl

City of Millville
5/1/2009
5
11/15/2007 Denied Accidental Granted Ordinary
E-2 Fiorito, Vincent Township of Jefferson 1/1/2010 5
12/29/2008
Approved


OPEN SESSION

Retirement Issues

F-1+

Casbar, Lucas - Palisades Park BOE - Return to Employment
Cancel retirement; Re-enroll effective 10/1/00; Approve 10 year repayment schedule
(Retirement Bureau/External Audit/Enrollments)

F-2+
Rosser, W. Ruth - Mercer County - Request for Reconsideration;
Requests extended repayment schedule; Requests Stay; Requests OAL Hearing
Denied reconsideration; Approved 10 year repayment scheule; Denied Stay; Approved OAL
hearing (Trustee Maurer recused.) (Retirement Bureau/External Audit/Enrollments)
F-3+
Marsh, John - Trenton Psychiatric Hospital - Overpayment of
Retirement allowance
Denied waiver of overpayment


OPEN SESSION

Hearing Decisions

G-1

De Peri, John - Garfield City - ALJ reversed the Board's decision and granted a
partial forfeiture of beneifts on a deferred retirement - Exceptions
Adopted w/modification - Adopt facts with modification regarding Det. Koptyra testified for
petitioner, not respondent. Adopt conclusions as to reinstatement of benefits, but reject
ALJ's recommendation of partial forfeiture. Send back to Board for review under Uricoli at
January 2010 meeting. Note exceptions; Note reply to exceptions

G-2
Clegg, Linda - Dover MUA - Initial Decision ALJ affirmed the Board's decision
to deny accidental death beneifts
Adopted
G-3
Chiappini, Marc - Juv. Jus. Comm. - Settlement Agreements
Rejected settlement offer; Continue in OAL
G-4
Amantia, Angela - NJ State Dept. of Health - Hearing
Withdrawals
Noted
G-5
Tiefenbacher, Thomas - Passaic County - Appellate Division
Decisions
Noted
G-6
Lowe-Surge, Ruth - Haledorn Gero-Psych. Hospital - Initial Decision ALJ upheld
the Board's decision to deny the petitioner accidental disability-Exceptions; Request for
postponement
Tabled for DAG to file reply to exceptions
G-7
Delgado Suarez, Isabel - Jersey City Housing Authority - Initial Decision ALJ
upheld the Board's decision to deny ordinary disability
Adopted
G-8
Stahl, John - MVC - Shared Services - Findings of Fact,
Conclusions of Law
Approved (Trustee Maurer recused.)


OPEN SESSION

Hearing Requests

H-1
Erbetta, John - Middlesex County - Appeals the Board's denial of accidental
disability
Approved
H-2
Hess, Suzanne - Office of Information Technology - Appeals the Board's denial
of eligibility to the file for deferred retirement as she was removed for cause.
Denied
H-3
Lenart, Frank - Middlesex County - Appeals Board's denial of accidental
disability retirement benefits
Approved
H-4
Lebuis, Arthur - East Brunswick Sewerage Auth. - Appeals the
Board's denial of accidental disability retirement benefits
Approved
H-5
Pickton, Joseph - NJ Institute of Technology - Appeals Board's
denial of retirement date change
Denied


OPEN SESSION

Active Membership Issues

J-1+

None



OPEN SESSION

Death Claim Issues

K-1+

None


OPEN SESSION

Informational Issues

L-1
Common Pension Fund D As of August 31, 2009
Noted
L-2
Common Pension Fund E As of June 30, 2009
Noted
L-3 
Appellate Division Decisions David A. Hill vs. PFRS
Noted
L-4
Common Pension Fund B Revised Statement of Income page for June 30, 2009
Noted
L-5
Trial Balance as of June 30, 2009
Noted

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

The next meeting of the Board will be held on December 10, 2009.

 

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

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Last Updated: November 13, 2009