PUBLIC EMPLOYEES' RETIREMENT SYSTEM January ... - New …
PUBLIC EMPLOYEES' RETIREMENT SYSTEM January 16, 2019
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 2019 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on December 19, 2018.
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 under state and federal law, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA), _a_n_d__t_h_e_m__a_t_te_r_s__d_is_c_u_s_s_e_d__c_a_n__b_e__d_is_c_l_o_s_e_d_.____________________________________________________
(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 | Special | Totals
___________________________________________________________________________________________________ OPEN SESSION
___________________________________________________________________________________________________
Called to Order: 10:20 AM
Adjourned: 12:50 PM
Roll Call:
Tom Bruno, William O'Brien (arrived at 10:32), Tracy Smith, Ronald Winthers, Carey Brown, Brian Currie, Susanne Culliton
Absent:
Benjamin Hurst
Also Present: Jeff Ignatowitz; DAG Robert Kelly; William Tedder; Amy Cerovsky; Mary Ellen Rathbun; Kara Ansley; Valerie McManus; Cheryl Chianese; Luann Barnett; Saretta Dudley; Trooper Parkstrom; Mike Salerno, NJEA; Timothy Prol, Esq.; Donald Montgomery; David B. Rubin, Esq.; Thomas Kearns; William Gallagher; Marjorie Gallagher; Luis Arcos; Leo Arcos
___________________________________________________________________________________________________
PERS Meeting - January 16, 2019 Page 2 ___________________________________________________________________________________________________
OPEN SESSION
___________________________________________________________________________________________________
Minutes
Minutes from the meeting of December 12, 2018 Approved (Trustee Currie abstained)
___________________________________________________________________________________________________
OPEN SESSION
___________________________________________________________________________________________________
Retirement and Death Lists
C-1
Return to Employment
Approved
C-2
Active and Retired Death Lists
Approved
C-3
Retirement List
Approved
C-4
Chapter 221
Approved
PERS Meeting - January 16, 2019 Page 3
___________________________________________________________________________________________________
CLOSED SESSION
___________________________________________________________________________________________________
Ordinary Disability
Member's Name:
Employer:
Effective Option: Date:
Decision:
D-1 Lester, Rubbie
Vineland
2/1/2019 5
Developmental Center
Denied Ordinary, Offer Service
D-2 Bryant, Shaytika
Ancora Psychiatric Hospital
4/1/2018 5
Denied Ordinary, Offer Deferred
D-3 Holmes, Mary
NJ School Board Association Insurance Group
1/1/2018 5
Approved
D-4 Savoy, Kevin
Ann Klein Forensic Center
9/1/2018 5
Denied Ordinary, Offer Deferred
D-5 Spino, Sharon
Jersey City
4/1/2018 5
Denied Ordinary, Offer Service
D-6 Manzo, William D-7 Carman, Dawn
State Police Civilian Employees
Bergen County
9/1/2018 5 10/1/2018 1
Denied Ordinary, Offer Service Denied Ordinary, Offer Deferred
D-8 Monthly OD Grid
Approved (see attached list)
D-9 Bell, Caroline
Dept of Health
10/1/2017 5
Approved (Involuntary)
PERS Ordinary Disability Grid January 16, 2019
Member's Name
Bailey, Raymond Beadling, Darlene R Bianchi, Estrella Broxton, Wanda A Bufis, Donna Marie Carro, Dominga Connelly, John W Sr Crone, Darrell Tyrone Delgado, Jorge E Dicks, Emma J Dohoney, Angela Gansert, Timothy J Gensamer, Timothy S Geresi, Gail Gurdock-Vitale, Jennifer Havens, Susan Ann Henderson, Rebecca E Henney, Cheryl Hess, Mona R Holland, Victoria Irvin, Michelle Lisa Jackamonis, Jacqueline Jacobs, Sharon L Jeniec, Zbigniew Johnson, Earl B Kearney, Margaret M Kelly, Sharon L Kurnath, Kevin Marincola, Mary M Mitchell, Amy L Mottola, Tammy L Myers, Iris B Nelson, Charles G Newton, Ida L Obryant, Sharon R Parkin, Warren Vincent Price, Doreen P Prisco, Kris A Richard, Maureen P Roach-Bruck, Patricia S Rozelle, Joyce R Sisti, Maria C Stewart, Wendy Szczur, Leokadia Thompson, Elizabeth A Tucker, Robert Vanmeter, Carol L Vantreuren, Linda M Walker, Ernest F
Effective
Date
08/18 12/18 03/19 11/18 09/18 08/17 09/18 06/18 01/19 01/18 07/18 05/18 07/18 07/18 08/18 08/18 08/17 05/18 11/18 06/18 10/18 01/19 09/17 01/19 11/18 07/18 10/18 02/19 09/18 07/18 03/19 10/18 01/19 01/19 07/18 05/18 10/18 12/18 01/19 10/18 06/18 12/18 09/18 08/18 10/18 12/18 02/18 03/19 08/18
Opt Employer
5 Woodbine Developmental Center A Sayreville BOE_Selover Elm 5 West Orange Twp 1 Newark City 5 Judiciary / Hudson County C Union City BOE A Mantua Twp 5 Camden Co. Bd of Social Services 2 Middlesex County College 1 Greystone Park Psych Hospital 5 Woodbridge Twp BOE C Office of Information Technology 5 Little Egg Harbor Twp BOE 5 Dept of Children And Families 5 Ocean County 1 East Brunswick Twp 1 Lumberton Twp BOE 5 Wildwood City 5 Swedesboro Woolwich BOE 5 Hudson County 5 Camden City BOE D Riverside Twp BOE D Vineland Developmental Center 2 Sussex County Vocational 5 Ancora Psychiatric Hospital A NJ Institute of Technology 5 Cape May Co. Bd Social Services 5 Passaic County 5 Franklin Twp BOE (Gloucester) 2 West Deptford Twp BOE 5 Salem County 1 East Jersey State Prison A Deptford Twp BOE D Burlington Co. Bd Spcl Services D Camden City BOE A Elizabeth BOE D Salem City BOE 5 Hillsdale Borough BOE 5 Egg Harbor Twp BOE 5 Division of Law 5 Camden Co. Technical Schools D Mountain Lakes Boro BOE A New Lisbon Developmental Center C Garfield City 5 Millville BOE A Atlantic City 5 NJ Veterans Mem Home, Vineland A Sussex Co. Comm. College 5 Dept of Community Affairs
Total = 49
PERS Meeting - January 16, 2019 Page 4
___________________________________________________________________________________________________
CLOSED SESSION
___________________________________________________________________________________________________
Accidental Disability
Member's Name & No.: E-1 Incollingo, Anthony
Employer: Cherry Hill Twp BOE
Effective
Accident
Date: Option: Date:
Decision:
6/1/2018 5
9/15/2017 ADMINISTRATIVELY REMOVED
E-2 Nosworthy, Oneica E-3 Moore, Glenn E-4 Delosangeles, Jose E-5 Jay, Lori
NJ Veterans Memorial Home Vineland
11/1/2017 A
5/3/2016 Denied Accidental, Offer Deferred
Piscataway Twp
1/1/2019 1
3/27/2017 Denied Accidental, Granted Ordinary (or Service)
Rutgers University
6/1/2018 5
7/11/2013 Denied Accidental, Granted Ordinary 2/22/2015 1/20/2017
Cherry Hill Twp BOE 1/1/2019 5
1/12/2018 ADMINISTRATIVELY REMOVED
E-6 Castor, Marie E-7 Griscom, Diane E-8 Krukowski, Gus
Trenton Psychiatric Hospital
11/1/2018 5
1/18/2017 ADMINISTRATIVELY REMOVED APPROVED AT THE BOARD'S DECEMBER 12, 2018 MEETING
WoodstownPilesgrove Regional School District
2/1/2018 5
10/7/2016 Denied Accidental, Offer Deferred
East Windsor Twp
8/1/2018 D
9/7/2017 Denied Accidental, Granted Ordinary
E-9 Vanderhoef, Gregory
Woodbridge Twp
10/1/2018 4
2/5/2018 Approved
PERS Meeting - January 16, 2019 Page 5
Member's Name & No.: E-10 Olowe, Bianca
Employer:
Corrections-Adult Diagnostics & Treatment
Effective
Accident
Date: Option: Date:
Decision:
7/1/2018 A 12/30/2013 Approved
E-11 Cooper, Tonia E-12 Mathis, Johnny
Trenton Psychiatric Hospital
5/1/2018 5
2/19/2015 06/15/17 Denied Accidental, Granted Ordinary
3/19/2015
12/15/2015
2/10/2016
7/20/2016
Hunterdon Developmental Center
1/1/2018 D
6/15/2017 Denied Accidental, Granted Ordinary
___________________________________________________________________________________________________ OPEN SESSION
___________________________________________________________________________________________________ Retirement Issues
F-1+
F-2+ F-3+ F-4 F-5 F-6 F-7+
Montgomery, Donald Operations - Honorable Service Partial Forfeiture of service and salary; Forfeit all service and salary in excess of 25 years; Approve Early retirement effective February 1, 2018 under Option A (Retirement Bureau, Audit Section)
Lenz, Michael Hudson County a) Creditable Compensation - Denied b) Request for OAL Hearing - Approved
Kearns, Thomas DEP - Divison of Solid Waste - Request to waive accrued interest on loan Denied
Kovalcik, Kenneth Dept of Labor - Appeals the Division's calculation of retirement allowance ADMINISTRATIVELY REMOVED
Sobierajski, Flormaria Greystone Park Psychiatric Hospital - Request to cancel outstanding loan obligation Denied
Mihalko, Bernard Middlesex County - Request to cancel outstanding loan obligation Denied
Gallagher, William State Museum - Request to waive accrued interest on loan Denied
PERS Meeting - January 16, 2019 Page 6
F-8
Formica, Scott Middlesex County - Request to waive accrued interest on loan
Denied
F-9
Conway, Burton Evesham Twp - Request to waive accrued interest on loan
Denied
F-10
Baker, Robert William Paterson University of NJ - Request to cancel outstanding loan obligation
Denied
___________________________________________________________________________________________________
OPEN SESSION ___________________________________________________________________________________________________
Hearing Decision
G-1
Appellate Division Decisions -Adoption of N.J.A.C. 17:1-64, 17:1-7.5 AND 17:1-7.10 (was
noted on the June 20, 2018 Board; revised for typographical, grammatical or substantive
changes)
Noted
G-2
Salava, Carl Juvenile Justice Commission - Hearing Withdrawals
Noted
G-3
Hall, Terrence Camden Co. Board of Chosen Freeholders - Failure to appear
Noted
G-4
Fleysher, Vladimir Passaic Valley Water Commission - Hearing Withdrawals
Noted
G-5
Clark, Brian Somerset County - Initial Decision -The ALJ reversed the Board's decision and
granted Accidental Disability retirement benefits
Adopted the ALJ's decision which reversed the Board's original determination and granted
Accidental Disability retirement benefits effective August 1, 2014 under the Maximum option
(Retirement Bureau, Health Benefits Section)
G-6
Hunter, Leslie Juvenile Justice Commission - Initial Decision -The ALJ affirmed the Board's
decision denying Accidental Disability retirement benefits
Adopted the ALJ's decision
G-7
Henderson, Marisa The College of New Jersey - Initial Decision -The ALJ affirmed the
Board's decision denying Accidental Disability retirement benefits; Exceptions
Adopted the ALJ's factual findings, but modified certain findings not supported by the
record, and adopted the ALJ's decision denying the petitioner's application for Accidental
Disability retirement benefits; noted Exceptions
G-8
Willis, Tonya Ancora Psychiatric Hospital - Hearing Withdrawals
Noted
G-9
Baranyay, Mark Toms River Municipal Util Authority - Hearing Withdrawals
Noted
PERS Meeting - January 16, 2019 Page 7
G-10
Tarboro, Oscar Hunterdon Developmental Center - Initial Decision -The ALJ affirmed the Board's determination that a forfeiture of pension credit is warranted but modified the penalty from a total forfeiture to a partial forfeiture from April 1, 2013 through the conclusion of petitioner's employment; Petitioner's Exceptions; Respondent's Exceptions
Adopted the factual findings but rejected the ALJ's legal conclusion and reaffirmed the Board's original determination of a total forfeiture; the Board directed the Secretary to draft Findings of Fact, Conclusions of Law; noted Petitioner's Exceptions; noted Respondent's Exceptions (Vote: 5-1; Trustee O'Brien nae; Trustee Bruno recused)
G-11
Valenzuela, Francis Rochelle Park Twp - Final Administrative Determinations Approved
G-12
McGovern, John Final Administrative Determinations Approved (DAG Kelly recused)
___________________________________________________________________________________________________
OPEN SESSION
___________________________________________________________________________________________________
Hearing Request
H-1
Boss, Sharon Cumberland County - Appeals the Board's denial of Deferred retirement
benefits due to dimissal for cause; REQUEST TO POSTPONE
Approved request
H-2
Allen, Linda West Milford Twp and Bloomingdale Borough - Appeals the Board's Denial of
request to waive accrued interest on loan
Denied request for OAL Hearing; the Board directed the Secretary to draft a Final
Administrative Determination
H-3
Mulvey, Sally Brookdale Community College - Appeals the Board's denial of request to
participate in PERS based upon adjunct position at Rutgers University
Denied request for OAL Hearing; the Board directed the Secretary to draft a Final Administrative Determination
H-4
Buonanno, John Glen Ridge Borough - Appeals the Board's denial of request for retirement
calculation to include salary earned in multiple locations
Denied request for OAL Hearing; the Board directed the Secretary to draft a Final
Administrative Determination
H-5
Tawil, Jacqueline Judiciary/Bergen County - Appeals the Board's denial of Accidental
Disability retirement benefits
Approved OAL Hearing
H-6
Montes, Braulio Kean University - Appeals the Board's denial of Accidental Disability
retirement benefits
Approved OAL Hearing
H-7
Robertson, James Appeals the Board's denial of request for PERS eligibility effective July
2017 as a Judge of Compensation
Denied request for OAL Hearing; the Board directed the Secretary to draft a Final
Administrative Determination
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