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Pensions and Benefits
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
NOVEMBER 4, 2015
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 2015 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on December 18, 2014, and the November and December 2015 meeting dates were posted on October 28, 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 (29K)


OPEN SESSION


Called to Order: 10:14 AM

Adjourned: 1:37 PM

Roll Call:

Thomas Bruno, Susanne Culliton, Brian Currie, Benjamin Hurst, William O'Brien,
Tracy Smith, Ronald Winthers, Carey Brown (arrived 10:31a.m.)


Absent: Ned Thomson

Also Present: Jackie Bussanich; Sharon Barnes; Lisa Pointer; Hank Schwedes; Amy Cerovsky;
DAG Robert Kelly; John Jones; Debra Jones; John Feeley, Esq.; Maria del Carmen
Garber; Nancy S. Martin, Esq.; Thomas Ruscetta; Claudine Ruscetta; Trooper Gallin;
Brady Middlesworth; Valerie McManus; Harish Bhanderi; Kevin Jarvis, Esq.; Marc
Greenfield; Luann Barnett; Alkesh Desai; Andrew L. Watson, Esq.; Robert DeAngelo;
Mrs. DeAngelo; David B. Beckett, Esq.; DAG Joseph Dorfler; Susan Grant



OPEN SESSION

Minutes
Minutes from the meeting of October 14, 2015
Approved

OPEN SESSION

Miscellaneous Issues

None
   


OPEN SESSION

Retirement and Death Lists

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

CLOSED SESSION

Ordinary Disability

 
MEMBER'S NAME
AND NO.
EMPLOYER
EFFECTIVE
DATE
OPT
DECISION
D-1 Fanelli, Judith

Elizabeth City 3/1/2015 D Denied Ordinary, Offer Service
D-2 Stefankiewicz, Lisa

Stone Harbor Borough 12/1/2013   a) Honorable Service
b) Request to Apply for OD Request
to postpone until January 20, 2016 Approved
D-3 Gualdarrama, Kelly Ann

Jersey City Public
Schools
9/1/2013 1 Reconsidered and Approved
withdraw from OAL
D-4 Isola, Valerie

Ocean Co Bd of
Social Services
3/1/2015 D Approved
D-5 Barnes, Cheryl

Franklin Twp BOE 9/1/2015 5 Denied Ordinary, Offer Service
D-6 Talley, Deborah

East Orange
School District
7/1/2015 5 Approved with one year re-exam
D-7 Monthly OD Grid       Approved (See list below)

ORDINARY DISABILITY APPROVALS

Member's
Name

Effective
Date

Opt

Employer

Burd, Michael D

04/15

5

Warren Co Special Services

Burgos, Ubaldo

09/15

C

Camden City BOE

Cartageno, Lizsandra

07/15

5

Camden County BOE

Carter, Kenneth A

09/15

D

East Orange School District

Castano, Claudia P

06/15

A

Greenbrook Regional Center

Ellis, Sherline

03/15

5

Trenton Psychiatric Hospital

Hernandez, Barbara M

11/15

5

Hudson County

Hunt, Donald S

05/15

5

Mount Laurel Township BOE

Johnson, Janice L

07/15

D

Motor Vehicle Commission

Kutinow, Elvira R

06/15

1

Mount Laurel Township BOE

Lavene, James

10/15

5

Eatontown Borough

Mazzola, Joanne

09/15

D

Washington Township BOE

Morreale, Emanuel M

09/15

A

Hamilton Township

Motto, Darlene M

10/15

A

Wall Township BOE

Palacios, Judith E

11/15

A

Motor Vehicle Commission

Palermo, Ronald

01/15

1

Newark Public Schools

Pierce, Josephine M

12/15

1

Vineland City BOE

Pinckney, Harriet V

10/15

A

Passaic BOE

Reinertsen, Arthur J

07/15

4

East Brunswick Township BOE

Rivera, Reinaldo

03/15

5

Pennsauken Township

Sakowicz, Barbara M

05/15

5

Fort Lee Borough

Scott, Beverly Jr

01/16

B

Ancora Psychiatric Hospital

Serrano, Carlos

07/15

A

Perth Amboy City

Serrano, Charles F

04/15

A

Hoboken Housing Authority

Strickland, Thermutice

04/15

4

Rutgers University

Vlamis, Maria A

12/15

5

Mount Laurel Township BOE

Total = 26


CLOSED SESSION

Accidental Disability 

 

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE
DATE

OPT

ACCIDENT
DATE

DECISION

E-1

Loran, Edwin

Forensic Psychiatric
Hospital
4/1/2015 C 8/11/2014 Tabled Accidental; Grant Interim
Ordinary (send for IME)
E-2 Jones, John

Morris County 7/1/2015 A 9/1/2013 Denied Accidental Granted Ordinary

E-3

Barry, Elizabeth

Judiciary 8/1/2015 5 1/10/2014 Tabled for additional medical
records from member
E-4 Watson, Melvin

Scotch Plains
Fanwood BOE
3/1/2015 5 2/5/2014 Denied Accidental Granted Ordinary

E-5

Mitchell, Dwight

Orange City 2/1/2014 5 12/8/2010 Approved
E-6 Rizzo, Michael

Woodbridge Twp. 4/1/2015 5 12/18/2013

Approved

E-7

Peake, Stephen

Rowan University 6/1/2015 C 10/16/2013
Denied Accidental Granted Ordinary
E-8 Arroyo, Adrian

Newark Public
Schools
9/1/2015 C 8/13/2014 Tabled Accidental; Grant Interim
Ordinary Disability (clarification from IME)

E-9

Angel, Hector


Passaic City 4/1/2015 A 1/3/2013 Tabled for further review
E-10 Lilley, Barbara

West Deptford Twp 5/1/2015 D 1/30/2012 Denied Accidental Granted Ordinary
E-11 Richnavsky, Michele

Ramapo College of
New Jersey
9/1/2014 5 9/18/2012
2/14/2013
4/11/2013
Denied Accidental Granted Ordinary



OPEN SESSION

Retirement Issues

F-1+ Garber, Maria del Carmen - Dept. of Children and Families -
a.) Reconsideration Ordinary Disability - Reaffirmed denial (member does not have 10
years)
b.) Request Retroactive Retirement Date - Reaffirmed denial
c.) Hearing Request - Approved
F-2+ Ruscetta, Thomas - Bound Brook Borough - Honorable Service
Reconsideration
Reaffirmed previous decision of total forfeiture pursuant to N.J.S.A 43:1-3.1 (e)
F-3 Charles, Andrew - Newark Housing Authority - Honorable Service Deferred
Retirement
Denied (Total forfeiture) (Retirement Bureau, Audit Section)
F-4+ Desai, Alkesh - Operations/Traffic Operations - Honorable Service
Partial forfeiture of service and salary from January 1, 2013 through termination of
employment (Retirement Bureau, Audit Section)
F-5+ Bhanderi, Harish - Operations/Traffic - Honorable Service
Partial forfeiture reduce retirement benefit by 9%; Approve Early retirement (Retirement
Bureau)
F-6 Brennan, Margaret - Middlesex Co. Utilities Auth - Honorable
Service
Partial forfeiture of service and salary from November 1, 2012 through termination of
employment; Apply forfeiture retroactive to retirement date (Retirement Bureau, Audit
Section)
F-7 Mutterperl, Carol - Bayonne BOE - Issue of bona fide
retirement; Request to Postpone
Approved until January 20, 2016
   

OPEN SESSION


Hearing Decisions

G-1 Ortiz, Elsa - Millville BD OF ED - Hearing Withdrawals
Noted
G-2 Pannell, Victoria - Ancora Psychiatric Hospital - Hearing Withdrawals
Noted
G-3 Thomas, Laura - Ocean City BOE - Hearing Withdrawals
Noted
G-4 Howell, James - Trenton City - Hearing Withdrawals
Noted
G-5 Perez, Miguel - Jersey City Public Schools - Failure to appear
Noted
G-6+ DeAngelo, Robert - Gloucester County - Initial Decision ALJ
upheld the Board's denial of service retirement benefits due to post-retirement employment;
Exceptions; Reply to Exceptions
Adopted ALJ's decision with modifications to include reply to exceptions; Noted exceptions
(Retirement Bureau)
G-7 Lomski, Gerald - Bergen County - Initial Decision ALJ upheld the
Board's decision that Mr. Lomski repay salary earned during a specific period and also
repay overpayment of Ordinary disability retirement benefits
Adopted ALJ's decision (Retirement Bureau)
G-8 Price, Michael - Dept. of Children & Families - ALJ reversed the
Board's decision and granted accidental disability retirement benefits effective May 1, 2013,
under maximum option; Exceptions
Adopted the factual findings of the ALJ's decision; Rejected the legal reasoning; Granted
Accidental Disability retirement benefits (Retirement Bureau)
G-9 Burgos, Jose (Deceased) - NJ Turnpike Authority - Appellate Division Decisions
The Appellate Court upheld the Board's decision finding Daniel A. Burgos as sole
beneficiary of Jose M. Burgos' group life insurance benefit
Noted (Death Claims)
G-10 Schroth, Peter - Hopewell Valley Reg Sch Dist - Hearing
Withdrawals
Noted
G-11 Predmore, Brenda - Sussex County - Initial Decision ALJ upheld the Board's
denial of Ordinary Disability retirement benefits; Exceptions; Reply to Exceptions
Adopted ALJ's decision and noted exceptions and noted reply to exceptions
G-12 Gitto, Edward - Burlington County/Edgewater Park - Settlement
Adopted ALJ's decision
   

OPEN SESSION


Hearing Requests

H-1 Garish, Robert - Camden City - Appeals the Board's denial of accidental
disability retirement benefits
Approved
H-2 Haviland, Cynthia - Rancocas Valley Regional H S - Appeals the Board's
denial of ordinary disability retirement benefits
Approved
H-3 Dietz, Dina - Vineland Developmental Center - Appeals the Board's denial of
ordinary disability retirement beneifts
Approved
   



OPEN SESSION

Active Membership Issues

J-1+ Middlesworth, Brady - Ventnor City -
a.) Request to Purchase Service - Denied
b.) Hearing Request - Approved (Trustee Culliton recused)
J-2 Poller, Kenneth - Washington Twp. - Termination of PERS
membership pursuant to Ch 92, P.L. 2007
Denied membership pursuant to N.J.S.A. 43:15A-7.2(a) (Fraud and Abuse Unit)
J-3 Gluck, James - Beachwood Sewerage Authority - Termination of PERS
membership pursuant to Ch. 92, P.L. 2007; Request to Postpone
Approved request to postpone (January 20, 2016)
   

OPEN SESSION

Death Claim Issues

  None
   

OPEN SESSION

Informational Issues

L-1 Common Pension Fund D As of September 30, 2015
Noted
L-2 Common Pension Fund E As of September 30, 2015
Noted
L-3 Wire Transfers PERS Contributory group insurance policy #13900
Noted
L-4 Wire Transfers Non-contributory group insurance policy #14800 benefit claims
Noted
   

OPEN SESSION

Reports

M-1= Update provided by Chairman Bruno regarding issues surrounding outside counsel.
Noted
   

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

The next meeting of the Board will be held on December 9, 2015.

 

 
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