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TEACHERS' PENSION AND ANNUITY FUND
September 6, 2007
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 2007 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 15, 2006.

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 - none

Deferred Option Changes - none Totals



Called to Order: 10:30 a.m.

Adjourned: 11:55 a.m.

Roll Call:

James Clemente, Neil Williams, James Joyner, Fred Beaver, Dennis Testa, Paul Orihel   (arrived 10:33)


Absent: Marie Flynn

Also Present: DAG Dawn Harris; Mary Ellen Rathbun; Jackie Bussanich; Virginia Martucci; Mary Lou Mayoros; Amy Mazzeo; Mark Schwedes; John Megariotis; Robert Paladino; Beverly Wurth, attorney; Richard Friedman, attorney; Sam Sortino; Charles Pesce; Elaine Martin; and Jim Jameson, NJEA


OPEN SESSION

Minutes

Minutes from the meeting of August 12, 2007 - Approved (Trustee Orihel was not present at the time of the vote.)

Finance

A-1
Common Pension Fund D as of June 30, 2007 - Approved
A-2 Trial Balance as of June 30, 2007 - Approved
A-3 Common Pension Fund A as of July 31, 2007 - Approved
A-4 Common Pension Fund B as of July 31, 2007 - Approved

Miscellaneous Issues 

, None

Retirement and Death Lists

C-12
Active and Retired Death Lists for 8/24/07 - Approved
C-2
Return to Employment - Approved
C-3
Chapter 221 - Approved
C-4
Retirement List - Approved


CLOSED SESSION

Ordinary Disability

None

Accidental Disability      

 

MEMBER'S NAME AND NO.

EMPLOYER

EFFECTIVE DATE

OPT

ACCIDENT
DATE

TP

DR

TE

DECISION

E-1

Omenson, Phyllis

Black Horse Pike Reg

5/07

5

12/15/05

Y

N

Y

Denied Accidental; Reaffirm Ordinary (pre-existing condition)

E-2

REMOVED FROM AGENDA

.

.

.

.

.

.

.

.

E-3

Rutkowski, Charles

Bayonne BOE

5/07

5

9/13/05

Y

Y

Y

Reconsidered under Richardson; Approved

  T/P = a) Permanently and totally disabled, mentally or physically, from performing the regular assigned work duties; AND
b) Permanently and totally disabled, mentally or physically, from performing any other available job duties.
  D/R = The disability is not the result of a pre-existing disease that is aggravated or accelerated by the work.
  T/E = A work-connected incident that is:
a) Identifiable as to time and place;
b) undesigned and unexpected; and
c) caused by a circumstance external to the member.


OPEN SESSION

Retirement Issues

F-1
Engelke, Bruce - Upper Saddle River BOE - Honorable Service - Deferred Retirement - Not Eligible for Deferred (removed for cause); Cancel future benefits under Correction of Errors; Refund remaining contributions
F-2
Yankovich, Anthony - West New York BOE - Creditable Salary - REMOVED FROM AGENDA
F-3+
Paladino, Robert - Cliffside Park BOE - Honorable Service - Partial Forfeiture; Forfeit service and salary from January 1, 2005 (date of guilty plea) through termination of employment

Hearing Decisions

G-1

Grier, Jessie - Camden City BOE - Hearing Withdrawal - Noted

G-2

Brunswick, Bertha - New Brunswick BOE - Initial Decision - ALJ upheld Board's decision denying Ordinary Disability - Affirm ALJ decision

G-3 Morris Hills Regional District Education Association - Initial Decision w/Exceptions and Reply to Exceptions - ALJ reversed the Board's decision and awarded pension credit retroactively for service performed - Reject ALJ decision; Note Exceptions; Note Reply to Exceptions; Remand back to OAL (Vote: 4:1:1; Trustee Testa: Nae; Trustee Joyner abstained)

Hearing Requests

H-1 East Windsor Regional School District - Appeals denial of creditable salary for active members - Approved

Active Membership Issues

J-1+

East Windsor Education Association - Creditable Salary - Reconsideration
a. Retirees - Tabled pending outcome of OAL decision for active members (See H-1)

Death Claim Issues

 

None

Informational Issues

L-1

Certifying Officer Letters regarding Chapters 92 and 103 - Noted

L-2

Appellate Division Decision regarding Lori Scott vs. PFRS - Noted

L-3

Appellate Division Decision regarding Patricia Frank vs. PERS - Noted

L-4

Appellate Division Decision regarding John Martorana vs. PERS - Noted

L-5
Appellate Division Decision regarding Arlene Dennis vs. PERS
L-6
Appellate Division Decision regarding Michael Disbrow vs. PFRS
L-7

Wire Transfer - TPAF Contributory Group Insurance policy #14300 for July 2007 - Noted

L-8

Wire Transfer - TPAF Non-contributory Group Insurance policy #14800 for July 2007 - Noted

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

The next meeting of the Board will be held on October 4, 2007.

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Copyright State of New Jersey, 1996-2006
Division of Pensions and Benefits
PO Box 295
Trenton, NJ 08625-0295

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Last Updated: September 6, 2007