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Pensions and Benefits
POLICE AND FIREMEN'S RETIREMENT SYSTEM (PFRS)
ARCHIVED BOARD AGENDAS FOR 2005

POLICE AND FIREMEN'S RETIREMENT SYSTEM
January
10, 2005
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 2005 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 30, 2004.

OPEN PUBLIC MEETING

The first portion of the meeting is open to the public. The second portion, in conformity with the Open Public Meetings Act, shall be closed to the public based upon the personal matters exception. Those matters are confidential unless expressly waived by the individual involved.


Open Session


Called to Order: 10:05 AM

Adjourned: 4:35 PM

Roll Call: Mark Kandrac; Frank Leake, Alan Levine (arrived at 10:16 am, left at 2:55); John Sierchio; Dennis Connelly; Rich Mikutsky; Joseph Boucher (Left at 3:05); Thomas Murphy; Vince Foti (Left at 3:10); Fred Beaver

Absent: Nicole Fava

Also Present: DAG Susanne Culliton; Wendy Jamison, Gail Griffin, Jackie Bussanich; Mindy Smith-Sopko; Jan Vasil; Mary Ellen Rathbun; Mike Czyzyk; George  Borek; Regina Herz; Christine Monte, Esq.; Samuel Halpern, Esq.; Daniel Pascuite; Michael Dingelstedt; Chief Wayne Crowell; DAG Ed Tan; Allen Owens; Stuart Alterman, Esq.; Michel Gigante; Stephan Hunter, Esq.; Frank Italiano; Joseph Murphy; Joe Prinzo; John Dempsey; Daniel Zirrith, Esq.; Captain Pellettiere; Glen DeSanto; Peter Miller; Colin Maher; Frank Cefalu; John Johnson, Esq.; David Ryan; Steven Kossup, Esq.; Christine Monte, Esq.; Tira Belton; Sharon Belton


OPEN SESSION


Minutes

Minutes from the meeting of December 13, 2004
Approved
(Trustee Foti abstained)


OPEN SESSION


Finance

A-1
Common Pension Fund D as of November 30, 2004
Approved
A-2
Trial Balance Revised as of October 31, 2004
Approved
A-3

Trial Balance as of November 30, 2004
Approved


OPEN SESSION


Retirement and Death Lists

C-1
Active and Retired Death Lists December 21, 2004 -
Approved
C-2
Retirement List
Approved

CLOSED SESSION


Ordinary Disability

  

Member's Name

Employer

Effective Date

Board's Decision

D-1 Wilson, Charles
South Woods State
Prison
 
9/1/2004
Approved
D-2
11:00 AM
Scardino, Michael
Essex County 
 1/1/2004
Reconsidered and denied; Must file with new retirement date
D-3
1 :15 PM
Miller, Peter
Bergen County
 
Resubmission
a. Honorable Service
No Forfeiture

(Vote: 6:4 - Nae Trustees Beaver, Kandrac, Foti, Leake)
b. Ordinary Disability
Service - Approved
for 428
(Vote: 8:2 Nae:Trustees Kandrac  and Beaver)
D-4 Monthly OD Grid   
  
Approved (see below)
D-5 Carroll, Debra
Department of Environmental Protection
2/1/2005
Approved
D-6 Black, Michael
Newark Police Department
 
Approved

 

Ordinary Disability Approvals (D-4)

Member's Name

Effective Date

P/F

Employer

Cerami, William Joel

09/04

P

Essex County

Ford, William Jr.

01/05

P

East Windsor Township

Macha, Carlos

12/04

P

Hudson County

Perry, Charles A

06/04

P

Essex County

Petrocelli, Michael

11/04

P

Essex County

Rivera, Juan

10/04

P

Montclair State University

Roberts, Jeffrey T

01/05

P

Essex County

Shauger, Robert W

07/04

P

South Belmar Borough

Spagnoletti, Benjamin

11/04

P

Essex County

Vetrecin, Michael George

10/04

P

Middlesex County

Total: 10

CLOSED SESSION


Accidental Disability

   
Member Name,
No.
Employer
Effective
Date
Accident
Date
TP
DR
TE
DM
Board's Decision
E-1
2 :15 PM

King, Thomas
Essex County
8/1/2002
6/3/1993
Yes
Yes
Yes
Yes
Reconsidered and Approved - Withdraw from OAL
E-2 Moschella, Daniel
 
Passaic County 2/1/2005 6/27/2003
Yes
Yes
Yes
  Approved
E-3
11:00 AM
Owens, Allen
NJ State Prison 8/1/2000 8/18/1997
Yes
Yes
No   Reconsidered and denied - Continue Service Retirement (Also eligible for Ordinary Disability if retiree so chooses)
E-4
10:30 AM
Pascuite, Daniel
Maplewood Twp. 4/1/2003 4/23/2001
Yes
Yes
Yes
  a. Honorable Service
Partial Forfeiture

January 1, 2001 forward;

b. Accidental Disability
Approved
(Vote: 9:1; Nae:Trustee Beaver)
(Retirement Bureau,Audit Section)
E-5 Calderon, Carlos
Rutgers University 11/1/2003

6/18/2002

1/10/2003

No

Yes

No

Yes

Yes

No

  Denied Accidental
Granted Ordinary
E-6 Rodgers, Christopher
 
Collingswood Boro.  11/1/2004 9/25/1999
Yes
Yes
Yes
  Approved
E-7 Scharnitz, Joseph Mercer County 8/1/2004

1/5/1999

3/3/2002

No

Yes

No

Yes

Yes

No

  Denied Accidental
Granted Ordinary
E-8 Rouse, James
Pennsauken Twp. 11/1/2004 4/6/1999         Withdrawn from agenda
E-9
11:15 AM
Scheningold, Craig
Bd. Of Chosen
Freeholders
5/1/2004 9/3/2003
Yes
Yes
Yes
  Approved
E-10 Smith, Vernon
Bayside State Prison 9/1/2004 8/2/2003
Yes
Yes
No   Denied Accidental
Granted Ordinary
E-11 Torres, Lillian
Salem County Correctional Facility 9/1/2004 4/9/2004
Yes
Yes
Yes
  Approved
E-12 Dutton, Lewis
South Woods State Prison 10/1/2004 12/30/2003
Yes
Yes
No   Denied Accidental
Granted Ordinary
E-13 Donaldson, Andrew
Mercer County Prosecutor's Office 11/1/2004 9/18/2000
Yes
Yes
Yes
  Approved
E-14 Smith, Lus
 
3/1/2002

8/15/2000

6/27/2001

11/3/2001

Yes

Yes

Yes

Yes

Yes

Yes

No

No

No

 
Reconsidered and denied
Wait for ALJ Decision
E-15 Gerald, Karen
Juvenile Justice Comm. 8/1/2004 4/30/2003
Yes
Yes
Yes
  Approved
(Vote: 6:1 Nae: Trustee Mikutsky)
E-16 Paulus, John
 
Boro of Eatontown NJ 2/1/2005 9/17/2003
Yes
Yes
Yes
  Approved
(Vote: 9-0-1 Trustee Connelly recused)
E-17
2 :25 PM
Oates, Joann
Adult Diagnastic Treatment Center 12/1/2004 1/28/2003
Yes
Yes
Yes
  Approved
(Vote: 6:1 Nae: Trustee Mikutsky)
E-18 McGlinn, Gregory
Atlantic City 12/1/2004 12/6/2003
Yes
Yes
Yes
  Approved
E-19 McLauhglin, William
Pennsauken Twp. 10/1/2004 3/11/2003
Yes
Yes
No   Denied Accidental
Offer Special
E-20 Wallace, David
Board of Chosen Freeholders 9/1/2004 3/6/2001
Yes
Yes
No   Denied Accidental
Granted Ordinary
E-21 Trimmer, Matthew
Juvenile Justice Commission 10/1/2004 6/23/2003
Yes
Yes
No   Denied Accidental
Granted Ordinary
Re-exam in 18 months
E-22 Bellini, Richard
County of Essex 8/1/2004 2/23/2004
Yes
Yes
Yes
  Approved
E-23 Class, Juan
Dept. of Corrections 1/1/2005 5/5/2003
Yes
Yes
No   Denied Accidental
Granted Ordinary
E-24 Reason, Evelene
Department of Corrections 11/1/2004 9/14/2004
Yes
Yes
No   Denied Accidental
Granted Ordinary
E-25 Thomas, James
State Parole Board 11/1/2004 6/18/2003
Yes
Yes
Yes
  Approved
Note:  TP = Total and Permanent; DR = Direct Result; TE = Traumatic Event

OPEN SESSION


Retirement Issues

F-1
Cefalu, Frank- Newark City - Honorable Service -
No forfeiture continue collecting service retirement effective July 1, 1995
F-2
Italiano, Frank - North Arlington Police Dept. - Creditable Salary - Denied Longevity payments in excess of 8% in the twenty-fourth year as creditable compensation (in anticipation of retirement) (Vote: 8:2 Nae: Trustees Sierchio and Connelly)
(Retirement Bureau, Audit Section)
F-3
Murphy, Joseph - North Arlington Police Dept. - Creditable Salary - Denied Longevity payments in excess of 8% in the twenty-fourth year as creditable compensation (in anticipation of retirement)  (Vote: 8:2 Nae: Trustees Sierchio and Connelly)
(Retirement Bureau, Audit Section)
F-4
Marsette, Derek - Newark Police Dept - Honorable Service - Partial Forfeiture; Forfeited December 1, 2003 forward; only eligible for deferred retirement
(Retirement Bureau, Audit Section)
F-5
Dempsey, John - South Woods State Prison - Honorable Service - Withdrawn from agenda; no action needed charges dismissed

OPEN SESSION


Hearing Decisions

G-1
Paradiso, Debra - Essex County - Initial Decision - ALJ affirmed the Board's decision to deny Accidental Disability with Attorney's exceptions -
Adopted; Noted exceptions
G-2
Feliciano, Pedro - Camden City - Initial Decision - ALJ  affirmed the Board's decision to deny Accidental Disability -
Adopted
G-3
Richardson, Stewart - South Woods Prison - Initial Decision - ALJ affirmed the Board's decision to deny Accidental Disability with exceptions -
Adopted; Noted exceptions
G-4
Keenan, Dennis - Trenton City - Settlement Agreement -
Rejected; Continue in OAL
G-5
Oxley, Joseph - Monmouth County's Sheriff's Office - Initial Decision - ALJ affirmed the Board's decision to deny enrollment into PFRS -
Adopted; Noted exceptions
G-6
Rivera, Richard - West New York - Initial Decision - ALJ reversed Board's decision and is allowing member to file for disability beyond the 5 year period - Adopted; Allow member to file for disability
(Disability Review Section)
G-7
Gigante, Michael - Deptford Township Police Department - Findings of Fact, Conclusions of Law -
Approved
G-8
Vazquez, Deborah - Newark  Police Department - Findings of Fact, Conclusions of Law - Approved

OPEN SESSION


Hearing Requests

H-1

Harrison, David - Berkeley Twp. Municipal Bldg. - Appeals the Board's decision to deny Accidental Disability - Approved

H-2
Warshany, Richard - Hightstown Boro. - Appeals the Board's decision to deny Accidental Disability - Approved
H-3
Ryan, David - Maple Shade Twp. - Requests reconsideration - Appeals the Board's decision to deny Accidental Disability - Denied Reconsideration; Approved hearing request
H-4
Dixon, Kathy - Corrections-Adult Diag. & Treat - Appeals the Board's decision to deny Accidental Disability -   Approved 
H-5
Schreppel, Arthur - Middletown Twp. - Attorney Larry Loigman wishes to appeal the Board's approval of accidental disability benefits to Arthur Schreppel - No action but send letter to attorney recounting the history of this case.

OPEN SESSION


Active Membership Issues

J-1

Trent, Pamela - Dept. of Corrections - Request to Remain in PFRS - Tabled; Need clarification of job duties including administrative and supervisory responsibilities

J-2
Young, Jr., William - Elizabeth City - Request to purchase at 1981 rates - Denied; (Must purchase at rate for current age and salary)
J-3

Creditable Salary -

a. FMBA Local #35
b. Hillside Fire SOA
c. Hillside FOP Lodge #82

Denied; Reject final step in longevity schedule in the four contracts presented. Anything above year 20 and above 8% longevity is considered not creditable since it is not in graduated even increments.(Audit Section)

J-4

Cranford Twp. - Creditable Salary -

a. Cranford Police Department
b. Cranford Fire Department

Denied Holiday Pay sold back as salary at the option of the member (Audit Section)

J-5
Township of Manchester - Creditable Salary - Manchester PBA Local 246
Tabled Per attorney's request until February meeting


OPEN SESSION


Death Claim Issues

K-1

Belton, Tira and Sharon, for Roy (deceased) - Paterson City - Retired Death Benefits
Tabled; Requires further review by DAG


OPEN SESSION


 Informational Issues

L-1

Appellate Division Decision regarding Delores Fairweather PERS - Noted 

L-2 Board Member Address List - Noted

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

The next meeting of the Board will be held on February 14, 2005.

 


POLICE AND FIREMEN'S RETIREMENT SYSTEM
February
14, 2005
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 2005 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 30, 2004.

OPEN PUBLIC MEETING

The first portion of the meeting is open to the public. The second portion, in conformity with the Open Public Meetings Act, shall be closed to the public based upon the personal matters exception. Those matters are confidential unless expressly waived by the individual involved


Open Session


Called to Order: 10:00 AM

Adjourned: 4:20 PM

Roll Call: Mark Kandrac; Frank Leake; Alan Levine (arrived at 11:05 am and left at 2:10 pm); John Sierchio; Dennis Connelly; Rich Mikutsky; Thomas Murphy; Vince Foti; Nicole Fava (Arrived at 10:10 a.m); Fred Beaver

Absent: Joseph Boucher

Also Present: DAG Susanne Culliton; Wendy Jamison; Gial Griffin; Jan Vasil; David Pointer; Mindy Smith-Sopko; Mary Ellen Rathbun; Jean Monahan; Christine Monte, Esq.; Charles Schlager, Esq.; Pamela Trent; William Subin, Esq.; Charles Sbarra; James Rouse; Barbara Rouse; Richard Cordry, Esq.; James Racanelli; Christopher LaFragola; Karen LaFragola; Herb Orbann; Regina Herz; Thomas DiPatri; Robert Schwartz; Sidney Lehmann, Esq.; Richard Naylor; James Bergen; Jay Joseph Freidrich, Esq.; Donna McInerney; Karl Becker; William Koy, Esq.; Thomas Hart; Jim Switek; James Wozniak; Steven Kossup, Esq.; Marc Baltimore; Lou Goetting; Christopher Morgan; Christopher Dickerman; Glen Miller; Chief Robert Smilek; Patricia Lawrence; Edward Magnam; Barry Roberson; Lt. Paul Tanko; Andre Gillis; Thomas Walker; Judith Hain; Lt. Michael Postaski; Katherine Gover; A. Michener; Tim Fanning; Michael Horvath; Scott Kinnie; David Parks; Colin Maher; John Auttevez; A. Castellanos; Rick Pinto; Michael Klein


OPEN SESSION


Minutes

Minutes from the meeting of January 10, 2005
Approved
(Trustee Foti abstained)


OPEN SESSION


Finance

A-1
Common Pension Fund A as of November 30, 2004
Approved
A-2
Common Pension Fund B as of November 30, 2004
Approved
A-3
Trial Balance as of December 31, 2004
Approved
A-4
Common Pension Fund A as of December 31, 2004
Approved
A-5
Common Pension Fund B as of December 31, 2004
Approved
A-6
Common Pension Fund D as of December 31, 2004
Approved

OPEN SESSION


Miscellaneous Issues

B-1

Request to increase the maximum loan amount permitted under the PFRS Mortgage Program - Noted at $359,600

B-2
Campus Police employed at NJ Colleges and Universities - Campus Police Survey
Approved continuation of new hires to be enrolled in PFRS - Note: Rowan University - six months to revise their gun permit policy
B-3
Election Results for the PFRS retired trustee position - Tom Murphy obtains highest number of votes.
Certified Results

OPEN SESSION


Retirement and Death Lists

C-1
Active and Retired Death Lists for January 25, 2005
Approved
C-2
Retirement List
Approved

CLOSED SESSION


Ordinary Disability

  

Member's Name

Employer

Effective Date

Board's Decision

D-1
1 :50 PM
LaFragola, Chrisopher
Springfield Twp.  
9/1/2004
a) Honorable Service - Partial Forfeiture of service and salary beginning 7/1/04
b) Approved Ordinary Disability

D-2
Biosca, Luis
South Woods State Prison 
 11/1/2004
Approved (member may purchase extra service to qualify for C. 428 benefit)
D-3 Janssen, Frank
Town of North Bergen
5/1/2004
Denied Ordinary,
Offer Deferred
D-4 Monthly OD Grid     Approved

 

Member's Name

Effective Date

P/F

Employer

Artz, Deborah J

11/04

P

Midstate Correctional Facility

Ash, David D Jr

11/04

P

Stafford Township

Austin, Sabrina R

07/04

P

Newark City

Bivens, Vickie G

12/04

P

Garden St Recp & Youth Corr Ctr

Eischen, Daniel R

11/04

P

Juv. Jus. Comm./Medium Sec. Fac

Elmore, William E Jr

02/05

P

Northern State Prison

Garcia, Kyle P

01/05

P

Edna Mahan Corr. Fac. For Women

Martin, Kenneth

02/05

F

Mount Laurel Fire District #1

Mason, Arnell

11/04

P

Newark City

Nardone, Paul C

05/04

P

Essex County

Phillips, Stephen M

09/04

F

West Orange Township

Rocco, Joseph

10/04

P

Essex County

Sanna, Robert

05/05

F

Hamilton Twp Fire Comm. Dist #6

Santucci, John J Sr

10/04

P

Mendham Township

Schenck, David L

11/04

P

Essex County

Sermons, Larry

01/05

P

Essex County

Walther, Paul H

01/05

P

South Woods Prison-Dept. of Corr.

Total = 17

CLOSED SESSION


Accidental Disability

 
Member Name,
No.
Employer
Effective
Date
Accident
Date
TP
DR
TE
DM
Board's Decision
E-1
11:45 AM

Rouse, James
Pennsauken Twp.
11/1/2004
4/6/1999
Yes
Table
Yes
Yes
a) Honorable Service -
No Forfeiture
b) Accidental Disability -
Tabled; Return to IME for consideration of charges; Grant interim Ordinary Disability
 (Vote: 9:1; Trustee Sierchio - Nae)
E-2 Bell, Carolynn
Boro. of Atlantic Highlands
1/1/2005
7/10/2003
Yes
Yes
No
  Denied Accidental
Granted Ordinary
E-3 Etchinson, Diane
 
Irvington Twp. 10/1/2004 10/15/2002 Yes Yes Yes   Approved
E-4 Altilia, Carlo
Essex County 10/1/2004 12/4/2003 Yes Yes Yes   Approved
E-5
3 :10 PM
Corbacho, Juan
Newark Police Department 5/1/2003 9/1/2000
Yes
Yes
No
  Denied Accidental
Continue Ordinary
E-6  Casey, Brendan
City of Bayonne 12/1/2004 10/13/2002 Yes Yes Yes   Approved
(Vote: 9:1; Trustee Foti - Nae)
E-7
3 :00 PM
Falke, David
Essex County 7/1/2004 3/1/2004 Yes Yes Yes   Approved
E-8 Wenner, Scott
Riverside Twp. 1/1/2001 12/10/1991 Yes Yes Yes Yes Reconsidered; Appoved delayed manifestation; Approved Accidental
Withdrawn from OAL
E-9 Caamano, John
Newark Police Department 9/1/2002 4/29/1997 Yes Yes Yes   Denied Reinstatement;
Continue Accidental
E-10
3 :20 PM
Baltimore, Marc
Irvington Twp.  11/1/2004 10/3/2003 Yes Yes Yes   Approved
E-11 
3 :15 PM
Sharon, Walter
Essex County 7/1/2004 5/20/2003 No No No   Denied Accidental,
Offer Service
E-12 Snyder, Brian
South Woods State Prison 9/1/2004 8/2/2000
Yes
Yes
No
  Denied Accidental
Granted Ordinary
E-13 VanLeer, Robert
 
Mantua Twp.
Police Dept.
2/1/2005 3/11/2003 Yes Yes Yes   Approved
E-14 Deborah, O'Neal
 
Midstate Correctional Facility
8/1/2003 6/22/2002
Yes
No
No
  Denied Accidental
Continue Ordinary
E-15 Burns, Mary
Pennsauken Twp. 2/1/2005 5/21/2003 Yes Yes No   Denied Accidental
Granted Ordinary
E-16 Seabridge, Jeffrey
City of Trenton 3/1/2005 10/24/2002 Yes Yes Yes   Approved
E-17 Richardson, Martin
City of Newark 7/1/2004 9/13/2003
No
No
No
  Denied Accidental
Offer Special
E-18
3 :05 PM 
Racaniello, Rocco
Essex County  11/1/2004 2/12/2004 Yes Yes Yes   Approved

 


OPEN SESSION


Retirement Issues

F-1
Sbarra, Charles - Town of Hammonton - Honorable Service
Mr. Sbarra was Approved for & is receiving Special Ret. Effective 9/1/1991
No Forfeiture
F-2
Dipatri, Thomas - City of Camden - Honorable Service Partial Forfeiture -
Forfeit 4 months of service and salary reducing years of service to 25 years.  Division will set up repayment schedule for the six months he was incarcerated. (Retirement Bureau)
F-3
Huchko, Michael - Boro. Of Carteret - Honorable Service
Partial Forfeiture - Forfeit last year of service and salary.  (Retirement Bureau)
F-4
Naylor, Richard - Clinton Twp. - Honorable Service
Partial Forfeiture - Forfeit from March 2003 forward.   (Retirement Bureau)
F-5
Schwartz, Robert - City of Atlantic City - Creditable Salary
Approved  (Vote: 7:2;Trustees Fava and Beaver-Nae) (Retirement Bureau)
F-6
Mabie, Julia for John - City of Newark - Suspension of Pension Request from spouse to continue retirement benefits while husband is incarcerated
Approved - Reinstate retroactive to 11/1/04.  (Retirement Bureau)

OPEN SESSION


Hearing Requests

H-1

Scardino, Michael - Essex County - Denied reconsideration; Approved hearing request.

H-2
Page, Patrick - Scotch Plains Twp. - Appeals denial of Accidental Disability retirement - Approved
H-3
Seider, Jeffrey - Franklin Twp. - Appeals denial of Accidental Disability retirement - Approved
H-4
Clements, John - Pennsauken Twp. - Appeals denial of Accidental Disability retirement - Approved
H-5
Williams, Dennis - Reconsideration of Request to file for an OAL hearing beyond the 45 day filing period. - Denied; Issue Final Administrative Determination
H-6
Dutton, Lewis - South Woods State Prison - Appeals the Board's decision to deny Accidental Disability - Approved
H-7
Black, Michael - City of Newark - Member appeals the Board's decision to approve Involuntary OD application submitted by employer - Approved
H-8
McLaughlin, William - Pennsauken Twp. - Appeals the Board's decision to deny Accidental Disability - Approved
H-9
Boylan, Michael - Edna Mahan Correctional Facility - Appeals the Board's decision to deny Accidental Disability - Approved
H-10
Bergen, James - City of Patterson - Appeals the Board's decision to deny request to file for Ordinary Disability (Beyond 45 Days) Resubmission - Tabled to allow attorney to seek additional information for Board's consideration
H-11
Ament, Jay - Essex County - Appeals the Board's decision to deny Ordinary Disability - Approved

 


OPEN SESSION


Active Membership Issues

J-1

Manchester Twp. - Creditable Salary Senior Officer Pay in the 23rd year - Tabled pending review of rules and court cases

J-2
Trent, Pamela - Dept. of Corrections - Resubmission to review whether member is eligible to remain in PFRS due to promotion to non-covered position. -  Approved Member permitted to remain in PFRS.
J-3
McInerney, Donna - Sussex Cty. - Reinstate Withdrawal Request to reinstate escheated account in order to file for Ordinary Disability - Denied request.
J-4
Racanelli, James - Passaic County Sherriff's Office - Request to use former membership service to reduce age for entry into PFRS - Denied request based on statute.(Vote: 9:1; Trustee Levine - Nae)
J-5
Borough of Ramsey and Ramsey PBA Local #155 - Creditable Salary - Withdrawn from agenda per attorney's request
J-6
Cranford Twp. and Cranford FMBA Local #37 & Cranford SOA & Cranford PBA #52 -Creditable Salary Reconsideration of "holiday leave" - Reconsidered and Approved Effective 10/4/04 and forward.(External Audit, Retirement Bureau, Internal Audit)

OPEN SESSION


Death Claim Issues

K-1

Belton, Roy - Paterson City - Request to collect unrecovered pension contributions - Denied 


OPEN SESSION


 Informational Issues

L-1

Appellate Division Decisions Hamilton Twp. Education Assoc. v. PERS Court upheld the PFRS Board's decision regarding non credited compensation for additional bus runs. - Noted

L-2 PFRS Mortgage Statements/Memos for October and November 2004 - Noted
L-3 Processing Times - Noted
L-4 Withdrawal of Ch. 204 Title Consideration for Bridgeton Board of Education School Safety & Security Coordinator, Educational Enforcement Officer, Assistant Coordinator & Educational Enforcement Officer - Noted 
L-5 Appellate Division Decisions regarding Timothy Carroll - resubmitted for a second review as requested by the Board - Noted
L-6 Publications - Noted
L-7 Board Member Address List - Noted 
L-8 Memos Petition to re-enroll Trenton Police Director Joseph Santiago into PFRS - Board requested packed for next month's agenda including a memorandum from the Division stating the facts and what has transpired in this matter with a response from the Attorney General's Office including a timeframe.

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

The next meeting of the Board will be held on March 14, 2005.

 


POLICE AND FIREMEN'S RETIREMENT SYSTEM
March
14, 2005
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 2005 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 30, 2004.

OPEN PUBLIC MEETING

The first portion of the meeting is open to the public. The second portion, in conformity with the Open Public Meetings Act, shall be closed to the public based upon the personal matters exception. Those matters are confidential unless expressly waived by the individual involved.


Open Session



Called to Order: 10:00 A.M.

Adjourned: 1:30 P.M.

Roll Call: Mark Kandrac; Frank Leake; Alan Levine (Arrived at 10:40 a.m. and left at 12:00 p.m.); John Sierchio; Dennis Connelly; Rich Mikutsky (Arrived at 10:05 a.m.); Thomas Murphy; Vince Foti; Nicole Fava; Fred Beaver, Joseph Boucher (Arrived at 11:10 a.m.)

Absent: Nicole Fava

Also Present: DAG Susanne Culliton; Wendy Jamison; Gail Griffin; Jackie Bussanich; Mary Ellen Rathbun; David Pointer; Sandy Horan; Janice Nelson; Jean Monahan; Mindy Smith-Sopko; Michael Czyzyk; Janice Curtin; Ginny Martucci; Michael Duffy; Charles Schlager, Esq.; Regina Herz; Denis Niland; Joseph Niland; Patti Niland; Colin Maher; Leoni Pinheiro; Chief Barcheski; Capt. Konya; Michael Gallagher; Craig Gumpel, Esq.; Steven Kossup, Esq.; Jack Prettyman, FOP; David Wiesner; Conrad Johnson, Jr.; James Reed; William Dukes; Bob Giorgio; Michael Hall; Don Huber; Winslow Twp. Fire Chief; Vineland Fire Chief

 


OPEN SESSION


Minutes

Minutes from the meeting of February 14, 2005 - Approved


OPEN SESSION


Finance

A-1
Common Pension Fund A as of January 31, 2005
Approved
A-2
Common Pension Fund B as of January 31, 2005
Approved
A-3
Trial Balance as of January 31, 2005
Approved

 


OPEN SESSION


Miscellaneous Issues

B-1

Review of Creditable Compensation Rules - Tabled; Trustee Foti will submit additional information to be reviewed by the Actuary and the DAG.

B-2
Administrative Code for Final Adoption N.J.A.C. 17:4-5.2 regarding Service Credited from Multiple Positions, Optional Purchases of Eligible Service and Methods of Payment - Approved
B-3
Administrative Code for Final Adoption N.J.A.C. 17:4-6.8 regarding Employment After Retirement - Approved

OPEN SESSION


Retirement and Death Lists

C-1
Active and Retired Death Lists for February 28, 2005
Approved
C-2
Retirement List
Approved
C-3 Chapter 104 List - Approved

CLOSED SESSION


Ordinary Disability

D-1
Monthly OD Grid
Approved
Ordinary Disability Approvals (D-1)

Member's Name

Effective Date

P/F

Employer

Fazzari, Fabian A Sr

01/05

P

Orange City

Fumero, Grace

12/04

P

Readington Township

Giordano, Lee Michael

02/05

P

Riverfront State Prison

Mcguire, Francis W

01/05

P

Middlesex Borough

Rowan, Charles J Jr

06/04

F

Kearny Town

Savoy, Raymond P

01/05

P

North Hanover Township

Segond, Thomas R Jr

01/05

P

Jefferson Township

Wright, George R

01/05

P

Juv. Jus. Comm./Medium Sec. Fac

 Total = 7

CLOSED SESSION


Accidental Disability

   
Member Name,
No.
Employer
Effective
Date
Accident
Date
TP
DR
TE
DM
Board's Decision
E-1


Reagan, Paul
Jackson Twp.
12/1/2004
3/28/1999
Y
Y
Y
Y
Approved
E-2 Messinger, Donald
Dept. of Safety/ Div. of Corrections
2/1/2005
6/30/2002
Y
Y
Y
   Approved
E-3
11:30 AM
Pinheiro, Leoni
Juvenile Justice Commission 
12/1/2003
6/28/1999
Y
Y
  N
  Reconsidered
Denied Accidental
Continue Ordinary
E-4   Mickles, Rudolph
Camden City Fire Dept.
4/1/2005
5/19/2003
Y
Y
Y
   Approved
E-5
1 :45 PM
McCarthy, Patrick
County of Essex
5/1/2004
4/2/2004
 T
 T
 T
Tabled; Attorney to  submit add'l info.
E-6
1 :45 PM
Pallante, Phillip County of Essex 7/1/2004 3/17/2004
Y
Y
Y
   Approved
E-7 Franklin, Elena
 
City of Paterson 4/1/2005 8/27/1997
Y
Y
Y
    Approved
E-8 Janice, Chet
 
City of Clifton 2/1/2005 2/7/2004
Y
Y
Y
    Approved
E-9 Wiesner, David
Bergen County 6/1/2004 10/29/2002
Y
Y
Y
    Reconsidered
Approved Accidental Disability
(Vote: 8:2 Trustees Beaver and Leake - Nae)
E-10 Dayton, Richard
City of Camden 6/1/2005 4/28/2004
Y
Y
Y
    Approved
E-11 Callamaras, Paul
Matawan Borough 1/1/2005

9/23/2003

12/14/2003

Y

Y

Y

N

N

Y

    Denied Accidental
Grant Ordinary or
Offer Special
(Noted: 9/03 accident not on duty)
E-12 Kehn, Gary
City of Bridgton 1/1/2005 7/30/2001
Y
Y
Y
    Approved
E-13
11:15 AM
Niland, Denis
Borough of Paramus Police Dept. 5/1/2005 1/18/2004
Y
Y
Y
    Approved
E-14 Annillo, John
City of Union 5/1/2004

9/11/2001

9/17/2001

12/10/2002

 12/11/2002 

Y

Y

Y

Y

N

N

N

N

N

N

N

N

  Denied Accidental
Grant Chapter 428 benefits; Did not provide proof that the incidents occurred
E-15 Simon, Peter
City of Perth Amboy 12/1/2003 4/18/2002
N
N
Y
    Reconsidered; Reaffirmed previous decision denying Accidental Disability
E-16
2 :00 PM
Ventresca, Joseph
Little Egg Harbor  4/1/2005 3/18/2004
Y
Y
Y
    Approved

 


OPEN SESSION


Retirement Issues

F-1
Santiago, Joseph - Newark City - Status of Investigation in the Joseph Santiago matter (also has PERS #) -  The Board noted purported allegations were received by the Division and referred to the Attorney General's Office for further investigation.  The Board has not received a report as yet.  The City and the member have been notified regarding the allegations.  The matter will be considered at the April 11, 2005 meeting of the Board.  The member's attorney filed an improper complaint against the Board and was not filed using proper procedures with the Attorney General's Office.
F-2
Smith, Edward - Barnegat Twp. - Creditable Salary Request to Postpone until the May 9, 2005 meeting - Approved request for postponement
F-3
Duffy, Michael - Boro. Of Avon by the Sea - Creditable Salary  - Approved (Retirement Bureau)
F-4
Gallagher, Michael - Deptford Twp. Fire District - Honorable Service - Approved Service retirement; No forfeiture  (Retirement Bureau)  (Vote: 8:1; Trustee Beaver - nae)  

OPEN SESSION


Hearing Decisions

G-1

McPherson, William - Lower Twp. - Initial Decision with Lower Twp. Attorney's Exceptions - ALJ affirmed Board's decision to reinstate Mr. McPherson as a police officer for Lower Twp; ALJ dismissed Lower Township's objection to Mr. McPherson's - Approved; noted exceptions (Trustee Beaver recused)

G-2
Schamble, Russell - Edna Mahn Corr. Facility for Women - Initial Decision with DAG's Exceptions - ALJ reversed the Board's decision and granted Ordinary Disability - Modify ALJ's decision; grant Ordinary Disability effective August 1, 1999; noted DAG exceptions.  (Retirement Bureau)
G-3
Carrino, Anthony - Newark City - Initial Decision ALJ affirmed the Board's decision to deny the inclusion of an optional annual allowance for office expenses, established by municipal ordinance, as creditable salary. - Postponed at attorney's request until the April 11, 2005 meeting.
G-4
Collazo, Luciano - Newark - Appellate Division Decisions Judge affirmed the Board's final administrative determination to reinstate Lt. Collazo from Ordinary disability retirement to employment as a Newark Police Officer. - Noted
G-5
LaPlaca, Nicholas - West Caldwell Twp. - Appellate Division Decision - Judge affirmed the Board's final administrative determination to deny Accidental Disability. - Noted

OPEN SESSION


Hearing Requests

H-1

Class, Juan - Garden State Recp & Youth Correctional Center - Appeals the Board's decision to deny Accidental Disability - Approved

H-2
Calderon, Carlos - Rutgers University - Appeals the Board's decision to deny Accidental Disability - Approved
H-3

Italiano, Frank  - North Arlington Boro. - Appeals the Board's decision to deny longevity payments in excess of 8% in 24th year as creditable compensation

a. Frank Italiano - Deny Reconsideration; Approve hearing
b.Joseph Murphy - Deny Reconsideration; Approve hearing

H-4
Hillside Twp. - a. Reconsideration of Creditable Salary for Hillside FMBA Local No. 35 - Approved; longevity schedule to continue as 12% after the 22nd year (reinstate language of prior contract from 7/96 - 6/00).  Attorney may supplement the record regarding retirees affected by their decision.  (Allow 1 month to respond)
H-5
Wallace, David - Burlington County Bd. Of Chosen Freeholders - Appeals the Board's decision to deny Accidental Disability - Approved
H-6
Williams, Dennis - Riverfront State Prison - Request to grant an OAL hearing to appeal the Board's decision to deny Accidental Disability - Reconsidered and approved
H-7
Sharon, Walter - Essex County - Appeals the Board's decision to deny Accidental Disability - Approved
H-8
Owens, Allen - NJ State Prison - Appeals the Board's decision to reaffirm and deny Accidental Disability - Approved

OPEN SESSION


Active Membership Issues

J-1

Motta, Frank - Purchase Request to purchase using 1983 date and rates - Postponed until April 11, 2005 meeting at member's request

J-2

City of Perth Amboy - Creditable Salary - a. Perth Amboy Uniformed Firefighters Local No. 286

b. Perth Amboy SOA, FOP Lodge No. 80  - Approved members that were grandfathered and allowed to keep longevity at 14. 25% after 29 years effective 1/1/01.


OPEN SESSION


 Informational Issues

L-1

PFRS Mortgage Statements/Memos for December 2004 - Noted

L-2 Pension and Health Benefits Review Commission for February 18, 2005 - Noted

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

The next meeting of the Board will be held on April 11, 2005.

 


POLICE AND FIREMEN'S RETIREMENT SYSTEM
April
11, 2005
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 2005 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 30, 2004.

OPEN PUBLIC MEETING

The first portion of the meeting is open to the public. The second portion, in conformity with the Open Public Meetings Act, shall be closed to the public based upon the personal matters exception. Those matters are confidential unless expressly waived by the individual involved.


Open Session



Called to Order: 10:12 A.M.

Adjourned: 2:35 P.M.

Roll Call: Mark Kandrac; John Sierchio (left at 2:30 p.m.); Dennis Connelly; Rich Mikutsky; Nicole Fava (left at 1:30 p.m.); Fred Beaver; Joseph Boucher; Alan Levine (Arrived at 10:20 a.m. and left at 1:45 p.m.); Vince Foti (left at 1:10 p.m.)

Absent: Frank Leake; Tom Murphy

Also Present: DAG Susanne Culliton; Wendy Jamison; Gail Griffin; Jackie Bussanich; Mary Ellen Rathbun; Kathy Coates; Sandy Horan; Jean Monahan; Mike Czyzyk; Mindy Smith-Sopko; Janice Curtin; Florence Sheppard; Eugene Dello, Asbury Park PBA delegate; Paul Kleinbaum, Esq.; Robert Tarver, Esq.; Steven Glickman, Esq.; David Ryan; Gary Gubbei; Lawrence Lukenda; Leonard Mankowski; Anthony Carrino; David Ward, Esq.; John Donahue; Marci Mackolin, Esq.; Vincent Acquaviva; Craig DiPatri; Stuart Alterman, Esq.; Regina Herz; Louis Jordan; Colin Maher, PBA; Kevin Shea; Jim Norton; Walter Christian

OPEN SESSION


Minutes

Minutes from the meeting of March 14, 2005 - Approved


OPEN SESSION


Finance

A-1
Common Pension Fund D as of January 31, 2005 - Approved
A-2
Common Pension Fund A as of February 28, 2005 - Approved
A-3
Common Pension Fund B as of February 28, 2005 - Approved
A-4
Common Pension Fund D as of February 28, 2005 - Approved
A-5
Trial Balance as of February 28, 2005 - Approved

Retirement and Death Lists

C-1
Active and Retired Death Lists for March 29, 2005 - Approved
C-2
Retirement List - Approved

CLOSED SESSION


Ordinary Disability

  

Member's Name

Employer

Effective Date

Board's Decision

D-1
Gradaille, Armando
Essex Department of Corrections  
2/1/2004
Denied Ordinary Disability; only Eligible for withdrawal
D-2
Aguiar, Guido
City of Orange  
  
Reinstatement from Disability Retirement Approved
D-3 DiPatri, Craig
Boro of Barrington
11/1/2004
a. Honorable Service
b. Ordinary Disability;
Tabled for additional Information from attorney
D-4 Kelly, William
Mercer County
9 /1/2004
Approved; c. 428
D-5 Tuncel, Kenan
City of Paterson   Reinstatement from  Disability Retirement;
Approved
D-4 Monthly OD Grid     Approved

The Board of Trustees, on the basis of the medical examination and other documentation presented, approved the following Ordinary Disability retirements.  Future examinations were waived with the exceptions of those noted with *.  The Board waived the 30-day waiting period with an effective date of April1, 2005 and earlier.

Member's Name

Effective Date

P/F

Employer

Altomare, John B

03/05

P

Hoboken City

Burd, Dennis Melvin

03/05

P

Warren Co Bd Of Chosen Frhldrs

Engroff, Henry J

03/05

P

East Jersey State Prison

Nisivoccia, Andrew P

09/04

P

Essex County

Paolini, Michael

11/04

P

Albert C. Wagner Youth Corr Fac

Sheppard, Ras

10/04

P

Newark City

  (Note:  Trustee Fava recused on Ras Sheppard)

   
Member Name,
No.
Employer
Effective
Date
Accident
Date
TP
DR
TE
DM
Board Decision
E-1
Kennedy, Patrick
Little Egg Harbor
Twp.
4/1/2005
12/10/2003
Y
Y
Y
  
Approved; re-exam in
6 months
E-2 Metzcher, Scott Boro. of Pine Hill Police Dept
6/1/2005
12/4/2003
Y
Y
Y
     Approved
E-3
Hires, Walter

City of Atlantic City 
3/1/2003
9/26/2001
6/19/1999

Y

Y

N

N

N

N

  Reconsidered and reaffirmed previous decision denying Accidental Disability. Case continues in OAL
E-4 Gagliardi, Frank Boro of Lindenwold Police 3/1/2000 6/2/1998
Y
Y
Y
  Reconsidered and approved TP and DR; Grant Accidental Disability.  Withdrawal from OAL .
E-5 Donahue, Brian
Twp. Of Lower Police Dept. 3/1/2005 7/19/2002
Y
Y
N
  Denied Accidental Disability; Grant Ordinary Disability
E-6 Mozelle, Char-Lynn
Atlantic City 5/1/2005 3/11/2004
Y
Y
Y
  Approved
(Vote: 4:3; Trustees Kandrac, Beaver and Mikutsky: Nae)
E-7 Solimine, Scott
Borough of Harrington Park 2/1/2005 2/6/2004
Y
Y
Y
  Approved
E-8 Viggiano, Michael
  4/1/2004 6/5/1999
 
 
 
  Withdrawn from Agenda;  to be handled administratively first
E-9 Jankowski, Bruce
County of Essex 4/1/2005 8/18/2004
Y
Y
Y
  Approved
E-10
11:15
Donahue, John
City of Asbury Park 1/1/1999 11/8/1997
Y
?
Y
  Tabled to have new information sent to Dr. Motley for review
E-11
1:15
Acquaviva, Vincent
City of Paterson 4/1/2005

2/7/2002

1/6/2003

N

Y

Y

Y

Y

Y

  Approved
E-12 Ingram, Robert
Southwoods Prison 6/1/2005 8/25/2003
Y
Y
N
  Denied Accidental Disability; Grant Ordinary Disability
(Vote:5:2; Trustees Levine and Sierchio: Nae)

E-13
10:40

Ryan, David
Maple Shade Twp. 2/1/2005 6/24/2003
Y
Y
N
  Reconsideration of an OAL case; reviewed newly submitted documentation and reaffirmed previous decision denying Accidental Disability
E-14 Russo, Frank
Essex County 10/1/2004 5/1/2004
N
N
N
  Denied Accidental Disabilty; only eligible for Withdrawal
E-15 Coccaro, Anthony
Atlantic County 5/1/2005 6/3/2004
Y
Y
N
  Denied Accidental Disability; Grant Ordinary Disability

OPEN SESSION


Retirement Issues

(The Board entered into Executive Session to seek advice of Counsel)
F-1
Santiago, Joseph - Newark City - Resubmission; Status of the Investigation in the Joseph Santiago matter.  Based on the Executive Session with the Deputy Attorney General, this item was removed from this agenda.
F-2
Kennedy, James - Northern State Prison - Honorable Service - Approved Service Retirement; Partial forfeiture of last year of service and salary (11/00 - 11/01) (Retirement Bureau)
F-3
Christian, Walter - NJ State Prison - Honorable Service - Postponed to allow member to seek legal counsel.


OPEN SESSION


Hearing Decisions

G-1

Resavage, Michael - City of Beverly Municipal Building - Appellate Division Decisions Judges affirmed the Board's decision to deny Accidental - Noted

G-2
Gayles, Dwayne - Mercer County - Initial Decision - ALJ rejected the Board's decision and approved Accidental Disability - Adopted; Grant Accidental Disability (Retirement Bureau)
G-3
Smith, Lus - Middlesex County - Initial Decision ALJ affirmed the Board's decision to deny Accidental Disability - Adopted
(The Board entered into Executive Session to seek advice of Counsel)
G-4
Carrino, Anthony - City of Newark - Initial Decision with Exceptions and Reply to Exceptions.  Resubmission - ALJ affirmed Board's decision to deny an optional annual allowance for office expenses to be credited as creditable salary - Modified ALJ decision; Noted exceptions and reply to exceptions (Vote:7:2; Trustees Foti and Levine: Nae)
G-5
Caminiti, Frank - Essex County - Initial Decision ALJ affirmed the Board's decision to deny Accidental Disability - Adopted; Noted exceptions
G-6
Miller, John Scott - Essex County - Initial Decision ALJ dismissed the petitioner's appeal of the Board's decision to deny Accidental Disability due to the  inactive status of the case at OAL - Adopted dismissal
G-7
Fleming, Bryan - Hunterdon County - Appellate Division Decisions - Judge reversed the Board's total forfeiture of service and remanded to PFRS Board for reconsideration of Honorable Service -  Lost quorum for this matter.  It will be rescheduled for May 9, 2005.
G-8
Ellis, Charles - Dept. of Corrections - Settlement Agreements OAL case - Approved waiving interest on retirement portion only; assign group life insurance; interest remains on back deductions. (Adjustment and Claims Sections)

OPEN SESSION


Hearing Requests

H-1

Corbacho, Juan - Newark Police Dept. - Appeals the Board's decision to deny Accidental Disability - Approved

H-2
Smith, Vernon - Bayside State Prison - Appeals the Board's decision to deny Accidental Disability - Approved
H-3
Roth, Edward - Berkeley Twp. Municipal Building - Appeals the Board's decision to deny Accidental Disability - Postponed until May per Attorney's request
H-4
Richardson, Martin - Newark City - Appeals the Board's decision to deny Accidental Disability - Approved
H-5
Burns, Mary - Pennsauken Twp. - Appeals the Board's decision to deny Accidental Disability - Reconsidered and reaffirmed denial; Approved for hearing

OPEN SESSION


Active Membership Issues

J-1

Lippincott, Michael - Millville City - Membership Request to Enroll in PFRS (overage hire) - Denied request to enroll in PFRS; remain in PERS

J-2

City of Linden FMBA Local #34 and Local #234 - Creditable Salary

a. Lawrence Lukenda PFRS
b. Leonard Mankowski

Approved licenses and certifications; clothing and maintenance allowance converted to salary as creditable (Audit Sections)

J-3
Motta, Frank - City of Paterson - Purchase Resubmission - Denied request to Purchase as 1983 rates; Board will reconsider if member provides documentation in writing.
J-4
Jordan , Louis - City of Asbury Park - Membership Eligibility to remain in PFRS - Denied the PBA's request to terminate participation in PFRS. (Vote: 7:1:1;Trustee Foti: Nae; Trustee Connelly recused and left the room during discussion and vote)

OPEN SESSION


 Informational Issues

L-1

Appellate Division Decisions regarding Philip Zoppi PERS - Noted

L-2  PFRS Mortgage Statements/Memos for January 2005 - Noted
L-3 Memos Letter of Appreciation regarding Michael Gallagher from NJ Career Fire Chiefs Association - Noted
L-4 State Investment Council Minutes for January 20, 2005 - Noted
L-5 Publications Ethical Standards Quarterly Newsletter for Spring 2005 - Noted
L-6 PFRS Mortgage Statements/Memos for February 2005 - Noted

The next meeting of the Board is scheduled for May 9, 2005 at 10:00 a.m.

 


POLICE AND FIREMEN'S RETIREMENT SYSTEM
May
9, 2005
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 2005 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 30, 2004.

OPEN PUBLIC MEETING

The first portion of the meeting is open to the public. The second portion, in conformity with the Open Public Meetings Act, shall be closed to the public based upon the personal matters exception. Those matters are confidential unless expressly waived by the individual involved.


Open Session



Called to Order: 10:12 a.m.

Adjourned: 4:45 p.m.

Roll Call: Mark Kandrac; John Sierchio; Dennis Connelly; Rich Mikutsky; Tom Murphy; Fred Beaver; Frank Leake; Alan Levine (left at 2:00 p.m.); Vince Foti

Absent: Nicole Fava; Joseph Boucher

Also Present: DAG, Christine Lucarrelli; SDAG Dave Dembe; Jeff Ignatowitz; Wendy Jamison; Gail Griffin; Mary Ellen Rathbun; Mike Czyzyk; Jean Monahan; John Megariotis; David Pointer; Mark Schwedes; Joe Reilly; Jack Prettyman, FOP;  Anderson Garron; Joseph Levine, Esq.; Walter Christian; Daniel Coughlin; Craig Gumpel, Esq.; Colin Maher; Michelle Ricketts; Michael Viggiano; William Cook; Steven Kossup, Esq.; Steven Raymond, Esq.; John West; Mike Disbrow; Glen DeSanto

 


OPEN SESSION


Minutes

Minutes from the meeting of April 11, 2005 - Approved

Finance

A-1
Trial Balance as of March 31, 2005 - Approved
A-2
Common Pension Fund A as of March 31, 2005 - Approved
A-3
Common Pension Fund B as of March 31, 2005 - Approved
=A-4
Common Pension Fund D as of March 31, 2005 - Approved


OPEN SESSION


Miscellaneous Issues

+B-1

Division staff to address the Board on the issue of Creditable Compensation - SDAG Dave Dembe will prepare a draft proposal to the NJ Register. The draft proposal is subject to review by the Division Director, the PFRS Chairman and the Vice Chair.

B-2

Chapter 204 PFRS Title Review for Morris Twp. Non civil service Municipal Fire positions including:

a. Firefighter/ Fire Inspector

b. Firefighter/ Fire Apparatus Mechanic

Approved (Trustee Beaver abstained)

B-3
Administrative Code for Final Adoption NJAC 17:4-6.3 (effective dates; changes) NJAC 17:4-6.7 (Disability Determinations) - Tabled; will be addressed at the June 13, 2005 meeting.

Retirement and Death Lists

=C-1
Active and Retired Death Lists for April 25, 2005 - Approved
C-2
Retirement List - Approved

 


CLOSED SESSION


Ordinary Disability

  

Member's Name

Employer

Effective Date

Board's Decision

D-1
10:30 AM
DiPatri, Craig
Barrington Boro  
11/1/2004
Resubmission
a. Honorable Service
b. OD - Postponed
D-2
11:30 AM
Coughlin, Daniel
NJ Dept. of Corrections
11/1/2004
a. Honorable Service
b. OD - Tabled for police report
D-3 Holl, Charles
Brigantine Police Dept.
2/1/1999
Reconsidered and Approved
Withdrawal from OAL
D-4 Janssen, Frank
Twp. of North Bergen
5/1/2004
Reconsidered and Approved
D-5 Palmer, Russell
Town of West New York
11/1/2004
Approved to change Service Retirement to Involuntary Ordinary Disability
D-6 Sydlar, George
Jersey City 
8/1/1996
Reinstatement from Disability Retirement - Approved
D-7 Cagnacci, Stephen
Lyndhurst Twp.
2/1/2000
Reinstatement from Disability Retirement - Approved
D-8 Karon, Adrienne
Highland Park
9/1/2001
Reinstatement from Disability Retirement - Tabled for another IME
D-9 Bunalski, John
Irvington Twp. 
7/1/1999
Reinstatement from Disability Retirement - Approved
D-10 Monthly OD Grid   The Board of Trustees, on the basis of the medical examination and other documentation presented, approved the following Ordinary Disability retirements.  Future examinations were waived with the exceptions of those noted with *.   The Board waived the 30-day waiting period with an effective date of May 1, 2005 and earlier.

 

Ordinary Disability Approvals (D-10)

Member's Name

Effective Date

P/F

Employer

Bisig, Scott

07/05

P

New Milford Borough

Casolaro, Paul

02/05

P

Essex County

Degrazio, Gerard *

04/05

P

Bloomfield Township

Haflin, Brian R

04/05

P

Hudson County

Houston, James F

02/05

P

Essex County

Kearns, Kevin Seans

05/05

P

Morris County

Kocsis, Louis C Iii

05/05

P

Dept Of Corrections

Talbot, Christopher M

04/05

P

Juv.Jus.Comm./NJ Train Sc

Wilson, Leroy

04/05

P

Northern State Prison

Total = 9    * (Trustee Sierchio recused)


CLOSED SESSION


Accidental Disability

   
Member Name,
No.
Employer
Effective
Date
Accident
Date
TP
DR
TE
DM
Board's Decision
E-1


Paglia, Joseph
Camden County   Bd. Of Chosen Freeholders
8/1/2004
5/6/2004
Y
N
N
 
Grant Ordinary Disability
(cumulative incident dates from 1994 to 5/6/04)
E-2 Atkins, James Juvenile Justice Commission 4/1/2005  4/1/2003
Y
Y
N
  Denied Accidental Disability
Grant Ordinary Disability
E-3 Koval, Robert 
Newark Police 12/1/2004 10/8/2003
Y
Y
Y
  Approved
(Vote: 6:2; Trustees Beaver & Foti: Nae)
E-4 Cook, Jr., William
Town of Phillipsburg    
 
 
 
  Tabled for Workers' Comp Award
E-5 Whetsell, William
Essex County 10/1/2004 5/9/2004
Y
T
T
  Tabled for additional info.
Grant interim Ordinary Disability
E-6 Mason, Arnell
City of Newark    
 
 
 
  Denied request to file for file for AD; Continue Ordinary Disability; not work related
(Vote: 6:2; Trustees Connelly & Mikutsky: Nae)
E-7
1:55 PM
Russo, Gregory Montclair Twp. 12/1/2005 11/29/2001
Y
Y
N
  Denied Accidental Disability
Grant Ordinary Disability
E-8 Nieves, Samuel
Newark Police  7/1/2005 5/16/2004
Y
Y
Y
  Approved
E-9 Ricketts, Michelle
Adult Diagnostic Treatment Center 1/1/2005 11/6/2003
Y
Y
Y
  Approved
(Vote: 6:1; Trustee Beaver: Nae; Trustee Murphy not present)
E-10
1:45 PM
Viggiano, Michael
Dept. of Corrections 4/1/2004 6/5/1999
 
 
 
  Denied request to file for Accidental Disability; Continue Service; member must put in writing a request to file for Ordinary Disability
E-11
1:55 PM
Farro, Corrado
Dept. of Corrections 11/1/2004 7/23/2004
Y
Y
Y
  Approved
E-12 Harrison, David
Berkeley Twp. 9/1/2004 7/15/2003
Y
T
Y
  Reconsidered and Tabled for clarification from MRB
E-13 Connelly, James
Galloway Twp 5/1/2005   6/4/2003
Y
Y
N
  Denied Accidental Disability
Grant Ordinary Disability;
c. 428 w/letter from employer
E-14 Pfaff, Daryl
Bergen County Sheriff's Office 5/1/2005

6/3/2004

2/4/2004

Y

Y

Y

Y

N

N

  Denied Accidental Disability
Grant Ordinary Disability
E-15 Pastrana, Angel
Hudson County 9/1/2004 7/5/1999
Y
N
N
 
Denied Accidental Disability
Grant Ordinary Disability
E-16
1:55 PM
Cunha, Eduardo
City of Newark 2/1/2005 7/9/2003
Y
Y
Y
  Approved
E-17 Green, Joseph
South Woods State Prison  4/1/2005 5/15/2004
Y
Y
N
  Denied Accidental Disability
Only eligible for withdrawal
E-18 Cleaves, Stanley
Passaic County 3/1/2005 4/10/2002
Y
Y
Y
  Approved
E-19
1:55 PM
Diaz, Felix
Newark Police 4/1/2005 10/2/2003
Y
Y
Y
  Approved
E-20 Ashmont, Jr., Albert
Union County 12/1/2004 5/31/2002
Y
Y
Y
  Approved
E-21
1:55 PM
Alvardo, Arlin
City of Newark 8/1/2003 6/23/1999
Y
Y
 T
  Tabled; Send to State Police to clarify witness report


OPEN SESSION


Retirement Issues

+F-1
Christian, Walter - NJ State Prison - Honorable Service - Partial forfeiture of final year  of salary taking salary back to February 2003.  (Retirement Bureau and Audits)
F-2
Smith, Jr., Edward J. - Barnegat Twp. - Creditable Salary
Resubmission - Postponed at request of attorney.
+F-3
Hillside Twp. FMBA Local #35, Fire SOA, Fire Chief, FOP - Creditable Salary Request to implement retiree's change to creditable compensation on a prospective basis - Frank Coswell and Jacchim Behnke - No change in longevity
Thomas Arthur, Raymond Hodavance, Calvin Johnson, Douglas Mackey and Syl Madurski - Longevity reduced to 12% on a prospective basis effective with the July 1, 2005 check.
+F-4
Basile, Ronald - Atlantic City - Honorable Service - Postponed at request of attorney.
+ F-5 
Garron, Anderson - City of Bridgeton - Honorable Service - Reconsideration of an OAL case - Approved reconsideration; Partial forfeiture of service and salary recalculated back to 7/1/1996 - 6/30/99; adjust benefits for years he received benefits at the higher rate; no entitlement to retirement benefits for the 364 days he was incarcerated. (Vote: 5:2: Trustees Sierchio and Levine:Nae) (Retirement Bureau, Audits, L. Williams)
F-6
DiPatri, Thomas - City of Camden - Request for spouse to receive retirement allowance for the 6 months that member was incarcerated - Denied


OPEN SESSION


Hearing Decisions

+G-1

Fleming, Bryan - Hunterdon County - Appellate Division Decisions - remanded the issue of honorable service to the PFRS Board of Trustees (Deferred retirement application)  Resubmission - Reaffirmed original decision for total forfeiture noting all documentation and court case

+G-2
Leason, James - Runnemede Boro. - Settlement Agreement - OAL Case - Modified previous forfeiture; now 5/1/03 forward   (Vote: 8:1; Trustee Foti: Nae) (Retirement Bureau)
G-3
Pross, Frank - Bloomfield Twp. - Hearing Withdrawals for a non-disability issue - Noted
G-4
Cicchetti, John - Morris County - Initial Decision ALJ reversed the Board's decision on the issue of total and permanent and granted Ordinary Disability - Adopted; Ordinary Disability effective 6/1/01 (Retirement Bureau)
G-5
Jaeger, Danielle - East Jersey State Prison - Initial Decision with DAG's Exceptions - ALJ reversed the Board's decision and granted Accidental Disability - Tabled; send back to ALJ to clarify issue of direct result (on one incident or two); request 45 day extension
G-6
Katz, Neil - Bayside State Prison - Initial Decision ALJ affirmed the Board's decision to deny Accidental Disability - Adopted
G-7
Calabrese, Michael - City of Bridgeton - Appellate Division Decisions Court upheld the PFRS Board's decision to deny the care of police dogs in the K-9 unit as creditable compensation - Noted
G-8
Warshany, Frank - Hightstown Boro. - Hearing Withdrawal - Noted
G-9
Petrucelli, Michael - Essex County - Hearing Withdrawal - Noted


OPEN SESSION


Hearing Requests

+H-1

Roth, Edward - Berkeley Twp. Municipal Building - Appeals the Board's decision to deny Accidental Disability - Resubmission - Postponed at request of attorney

H-2
Annillo, John - Appeals the Board's decision to deny Accidental Disability - Approved
H-3
Callamaras, Jr., Paul - Matawan Boro. - Appeals the Board's decision to deny Accidental Disability - Approved
H-4
Snyder, Brian - South Woods Prison - Appeals the Board's decision to deny Accidental Disability - Approved
H-5
O'Neal, Deborah - Midstate Correctional Facility - Appeals the Board's decision to deny Accidental Disability - Approved
H-6
McInerney, Donna - Sussex County - Appeals the Board's decision stating Ms. McInerney was not a member in service and therefore, was not eligible to file for Ordinary Disability - Approved
H-7
Belton, Roy (deceased) - City of Paterson - Deny hearing request; Draft Final Administrative Determination

OPEN SESSION


Active Membership Issues

+J-1

Membership Michael Disbrow requests Enrollment in PFRS (over age requirement) - Denied

+J-2
Johnson, Joseph - City of Woodbury BOE - Membership Request to enroll in PFRS (over age requirement) - Tabled; refer to Division staff to review new information.
J-3
O'Donnell, James - Mercer County - Purchase using an earlier request date - Denied
+J-4
West, John - Juvenile Justice Commission - Transfer of Membership - Request to transfer out of PFRS - Denied; remain in PFRS based on Attorney General Formal Opinion No. 1 (Trustee Beaver abstained)

Death Claim Issues

K-1

McMeekin, Thomas - Atlantic City - Accidental Death - Approved


Informational Issues

L-1

Pension and Health Benefits Review Commission Vote Results for April 15, 2005 - Noted

L-2 PFRS Mortgage Statements/Memos for March 2005 - Noted
=L-3 Processing Times as of May 2, 2005 - Noted

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

The next meeting of the Board will be held on June 13, 2005.

 


POLICE AND FIREMEN'S RETIREMENT SYSTEM
June 13, 2005
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 2005 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 30, 2004.

OPEN PUBLIC MEETING

The first portion of the meeting is open to the public. The second portion, in conformity with the Open Public Meetings Act, shall be closed to the public based upon the personal matters exception. Those matters are confidential unless expressly waived by the individual involved.


Open Session



Called to Order: 10:12 a.m.

Adjourned: 3:25 p.m.

Roll Call: Mark Kandrac; John Sierchio; Dennis Connelly; Tom Murphy; Fred Beaver; Nicole Fava; Frank Leake; Alan Levine (Arrived at 10:30 a.m.; left at 2:45 p.m.); Vince Foti

Absent: Joseph Boucher, Rich Mikutsky

Also Present: DAG Susanne Culltion; Wendy Jamison; Gail Griffin; David Pointer; Mindy Smith-Sopko; Jack Prettyman; Malcolm Drew; Moses Higginbotham; David Heinties, Esq.; Gregory Cheff; Philip Cheff; Joseph Perconti, Esq.; Michelle Ricketts; Kathy Dixon; Richard Panitch; Chad DiGiorgio; Michael Miccio; Regina Herz; Arthur Moran; Colin Maher; Mark Jones; John Camera, Scott Tashjy; Diane Stabley; Edward Smith; David DeFillippo, Esq.; Daniel Coughlin; Bruce Carmichael; Terrance Weldon; Charles Uliano, Esq.; Steven Kossup, Esq.


OPEN SESSION


Minutes

Minutes from the meeting of May 9, 2005
Approved


OPEN SESSION


Finance

A-1
Common Pension Fund A as of April 30, 2005 - Approved
A-2
Common Pension Fund B as of April 30, 2005 - Approved
A-3
Trial Balance as of April 30, 2005 - Approved
=A-4
Common Pension Fund D as of April 30, 2005 - Approved

OPEN SESSION


Miscellaneous Issues

B-1

Administrative Code for Final Adoption N.J.A.C. 17:4-6.3 and 17:4-6.7 - Resubmission - Adopted

B-2
Administrative Code for Final Adoption N.J.A.C.17:4-1.4 and 17:4-1.13 - Adopted

 

Retirement and Death Lists

=C-1
Active and Retired Death Lists - Approved
C-2
Retirement List - Approved


CLOSED SESSION


Ordinary Disability

  

Member's Name

Employer

Effective Date

Board's Decision

D-1
11:45 AM
Romero, Adrian
Morris County  
 
Postponed at request of Attorney
D-2
11:15 AM
Moran, Arthur
City of Passaic 
4/1/2004
No Forfeiture; Approved member in service; Approved Ordinary Disability
(Trustee Fava recused)
D-3 Bradbury, Valerie
City of Newark Police Dept.
7/1/2005
Involuntary OD Denied; No TP
  D-4 MacArthur, Robert
 
Jersey City Fire Dept.
10/1/2004
Approved; Ch.428
D-5 Banks, JeanMarie
Hudson County   Tabled; refer to IME/MRB  to review new medical information
D-6* Monthly OD Grid The Board of Trustees, on the basis of the medical examination and other documentation presented, approved the following Ordinary Disability retirements (see below).  Future examinations were waived with the exceptions of those noted with *.   The Board waived the 30-day waiting period with an effective date of June 1, 2005 and earlier.
D-7 Wood, Calvin
Southern State Correctional   Approved Reinstatement
D-8 Gilsenan, Terence City of Newark Police Dept. 7/1/2005 Tabled; refer to MRB for clarification on TP; qualifies for c. 428 w/ letter from employer
D-9
1:15 PM
Coughlin, Daniel
 
Adult Diagnostic Treatment Center  11/1/2004 Partial Forfeiture of one year of service and salary; Only eligible for return of contributions

 

Ordinary Disability Approvals (D-6*)

Member's Name

Effective Date

P/F

Employer

Becker, Shane D

03/05

P

Mountainview Youth Corr. Facility

Biase, Robert

04/05

P

Essex County

Pallotta, Jason

03/05

F

Teaneck Township

Pandolf, Thomas M

05/05

P

Ocean County

Rollo, Timothy

01/05

P

East Jersey State Prison

Sias, Dennis

05/05

P

Southern State Corr. Facility

Valles, Pierre

08/05

P

Essex County

Walters, Kenneth W Jr.

08/05

F

Trenton City

Total = 8


CLOSED SESSION


Accidental Disability

    
Member Name,
No.
Employer
Effective
Date
Accident
Date
TP
DR
TE
DM
Board's Decision
E-1


White, Tiara
 
Burlington Co.  Bd. of Chosen Freeholders
12/1/2004
12/6/2003
Y
Y
Y
 
Approved;
re-exam in  3 months
E-2 Gebala, John
East Jersey State Prison  7/1/2002 11/12/2000
Y
N
N
 
Reconsidered; granted TP; reaffirmed denial of DR & TE;
Approved Ordinary Disability
Case remains in OAL
E-3
1 :00 PM
 
Ingram, Robert
South Woods Prison 6/1/2005 8/25/2003
Y
Y
N
 
Denied Reconsideration of TE; Approved hearing request
E-4 Ricketts, Michelle
 
Adult Diagnostic Treatment Center 1/1/2005 11/6/2003 
Y
Y
N
 
Reconsidered TE
(Trustees Murphy, Fava & Leake recused)
reaffirmed approval of TP & DR; Granted interim Ordinary Disability; Tabled TE to allow Attorney to prepare add'l evidence
(Trustee Levine abstained)
E-5 
10:15 AM
Miccio, Michael
 
East Jersey State Prison 7/1/2005 1/10/2004 
Y
Y
Y
  
Approved
E-6  Marini, Joseph
Essex County 6/1/2005 4/6/2004
Y
N
Y
 
Denied Accidental Disability
Grant Ordinary Disability
E-7 Nance, Juanita
Dept. of Corrections 4/1/2004 4/14/1999
Y
Y
Y
  
Approved
(Vote: 6:2; Trustees Leake and Foti: Nae)
E-8 
1 :30 PM 
Jones, Mark 
Northern State Prison  5/1/2005 11/19/2003
Y
N
N
 
Denied Accidental Disability;
Grant Ordinary Disability
Member may amend application To include 10/26/00 accident
(Vote: 5:4; Trustees Sierchio, Levine, Fava & Murphy: Nae)
E-9 Petrozzino, Ronald
Essex County 2/1/2005 2/22/2001
Y
Y
N
 
Denied Accidental Disability;
Grant Ordinary Disability
E-10  Lee, Daniel
Bergen County
Prosecutor's Office
3/1/2005 10/1/2004
Y
Y
Y
  
Approved
E-11 Aponte, Daniel
County of Hudson 2/1/2005 7/8/2002
Y
Y
N
 
Denied Accidental Disability;
Grant Ordinary Disability
E-12
1 :45 PM   
Carmichael, Bruce
NJ Dept. of Corrections 7/1/2005 12/15/2003
Y
Y
N
 
Denied Accidental Disability;
Grant Ordinary Disability
Qualifies for c. 428 w/letter
E-13 Bini, Scott
Middlesex County Adult Correctional Ctr. 2/1/2005  4/30/2004
Y
N
N
 
Denied Accidental Disability;
Grant Ordinary Disability
  E-14 Apgar, James
 
Middlesex Adult Correctional Ctr.  12/1/2004 12/3/2003 
Y
Y
N
 
Denied Accidental Disability;
Grant Ordinary Disability
(Vote: 7:1:1; Trustee Sierchio: Nae; Trustee Fava recused)
E-15 Amatellli, Mark
County of Ocean 3/1/2005 9/12/2004
Y
Y
Y
  
Approved
(Vote: 6:2; Trustees Beaver and Foti: Nae)
E-16 Adams, Robert 
Twp. Of East Hanover  1/1/2006 2/15/2004 
Y
Y
Y
  
Approved

E-17 Harrison, David
   
Berkeley Twp. 9/1/2004 7/15/2003
Y
Y
Y
  
Reconsidered and approved; withdraw from OAL

E-18  Rouse, James
Pennsauken Twp. 11/1/2004 4/6/1999
Y
Y
Y
Y  
Reconsidered DR and approved Accidental Disability

E-19 Ramos, Rene
Union City 12/1/2003 11/25/2001
Y
Y
N
  
Reconsidered; reaffirmed denial of DR; Reversed TP
Grant Ordinary Disability; Case to remain in OAL

 


OPEN SESSION


Retirement Issues

F-1
Smith, Jr., Edward - Barnegat Twp. - Creditable Salary Resubmission - Denied; considered in anticipation of retirement
+F-2
Costello, James Michael - Seaside Heights Boro. - Creditable Salary - Approved (Retirement Bureau)
+F-3
Higginbotham, Moses - Garden State Correctional Facility - Honorable Service - Partial Forfeiture of final year service and salary.  (Vote: 6:3; Trustees Connelly, Levine & Sierchio: Nae)
F-4
Allegra, Joseph - Passaic County - Honorable Service - Postponed at request of attorney.
F-5
Mullanaphy, William - Passaic County - Suspension of Pension - Postponed at request of attorney.
+F-6
Drew, Malcolm - City of Trenton - Honorable Service -  Partial forfeiture - one month of service and salary (July 1994) (Vote: 5:3:1 Trustees Beaver, Fava & Kandrac: Nae; Trustee Murphy recused)
F-7
Cheff, Gregory - City of Paterson - Honorable Service - Postponed at request of attorney.
F-8
Weldon, Terrance - City of Asbury Park - Honorable Service - Postponed for 60 days in order for member to file retirement application under PERS and for the PERS Board to consider the issue of honorable service.


Hearing Decisions

G-1

Longo, James - Edna Mahan Correctional Facility for Women - Hearing Withdrawals - Noted

G-2
Malanga, Edward - Northern State Prison - Initial Decision with Exceptions - ALJ reversed the Board's decision by affirming TE and granted Accidental Disability - Modify to disavow reliance on certain court cases; Approve Accidental Disability effective 09/1/03 (Retirement Bureau)
G-3
Wilson, Helen - North Wildwood City - Initial Decision - ALJ affirmed Board's decision to deny Accidental Disability on the basis of no traumatic event (the issue of direct result was not addressed at this time) - Adopted
G-4
Estock,  Deborah for John (deceased) - Middletown Twp. - Initial Decision - ALJ affirmed the Board's decision to deny a change in retirement benefits from Special to Accidental Death - Adopted
G-5
McRae, John - East Orange City - Initial Decision - ALJ affirmed the Board's decision to deny Accidental Disability on all issues - Adopted
G-6
Corso, Gerald - Caldwell Boro. - Initial Decision - ALJ affirmed Board's decision to deny Accidental Disability - Tabled; extension requested to allow member's attorney to request hearing transcript and to file exceptions.
G-7
Belton, Roy (deceased) - Paterson City - Final Administrative Determination - Approved
G-8
Leason, James - Runnemede Boro. - Hearing Withdrawals - Noted
G-9
North Arlington Boro. - Hearing Withdrawals
a. Frank Italiano (non- disability
issue)
b. Joseph Murphy (non- disability issue) - Noted
G-10
Smith, Kenneth - Red Bank Boro. - Appellate Division Decision - Court affirmed the Board's decision to approve Ordinary Disability - Noted


OPEN SESSION


Hearing Requests

H-1

Gradaille, Armando - Essex County - Appeals the Board's decision to deny Ordinary Disability - Approved

H-2
Pinheiro, Leoni - Juvenile Justice Commission - Appeals the Board's decision to deny Accidental Disability - Approved
H-3
Russo, Frank - Juvenile Justice Commission - Appeals the Board's decision to deny Accidental Disability - Approved
H-4
Russo, Gregory - Montclair Twp. - Appeals the Board's decision to deny Accidental Disability - Approved
H-5
West, John - Juvenile Justice Comm. - Appeals the Board's decision to deny request to transfer membership from PFRS to PERS - Deny hearing request; issue Final Administrative Determination
H-6
Viggiano, Michael - Adult Diagnostic Treatment Center - Appeals the Board's decision that member was not a member in service at the time of filing an application for Accidental Disability - Approved


Active Membership Issues

+J-1

DiGiorgio, Chad - Hanover Twp. Fire District #3 - Request to transfer service from PERS to PFRS - Denied


Informational Issues

L-1

Appellate Division Decision regarding Joseph Curiazza PERS - Noted

L-2
State Investment Council Minutes for meeting of March 17, 2005 - Noted
L-3
Newspaper Articles Asbury Park Press "Costs contribute to state's $3B budget shortfall" - Noted
L-4
Newspaper Articles Asbury Park Press "Many businessess offering less-costly plans.  More states, including NJ, want to cut benefits bill, too" - Noted
L-5
Newspaper Articles Asbury Park Press "Outdated investing system makes taxpayers foot bill" - Noted
L-6
Newspaper Articles Asbury Park Press "Firefighters, police aren't abusers of state pension system" - Noted
L-7
PFRS Mortgage Statements/Memos for April 2005 - Noted
=L-8
Processing Times as of June 7, 2005 - Noted
=L-9
Board Member Address List - Noted

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

The next meeting of the Board will be held on July 11, 2005

 


POLICE AND FIREMEN'S RETIREMENT SYSTEM
July 11, 2005
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 2005 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 30, 2004.

OPEN PUBLIC MEETING

The first portion of the meeting is open to the public. The second portion, in conformity with the Open Public Meetings Act, shall be closed to the public based upon the personal matters exception. Those matters are confidential unless expressly waived by the individual involved.


Open Session



Called to Order: 10:05 a.m.

Adjourned: 3:00 p.m.

Roll Call: Mark Kandrac; John Sierchio; Dennis Connelly; Rich Mikutsky; Joseph Boucher;Tom Murphy; Vince Foti; Fred Beaver; Nicole Fava ( Arrived at 10:25 a.m.); Frank Leake; Alan Levine (Left at 1:35 p.m.)

Absent:

Also Present: DAG Susanne Culliton; Wendy Jamison; Gail Griffin; Janice Nelson; Florence Sheppard; Henry Matwiejewicz; SDAG Dave Dembe; Jack Prettyman; George Borek; Regina Herz; George Lovaglio, Buck Consultants; Janet Cranna, Buck Consultants; Anthony Ceglie; Lou Goetting; Richard Bock; Gerald Corso; Paul Kleinbaum Esq.; Gregory Cheff; Philip Cheff; Joseph Perconti, Esq.; Adrian Romero; John Boppert, Esq.; Kennedy Murray; David Behrens; Robert Russo; Steven Kossup, Esq.; Patrick McCarthy; John Donahue; Marcie Mackolin, Esq.; James Plaistaid, Esq.; Troy Kenuk


OPEN SESSION


Minutes

Minutes from the meeting of June 13, 2005 - Approved

Finance

A-1
Trial Balance as of May 31, 2005 - Approved
A-2
Common Pension Fund A as of May 31, 2005 - Approved
A-3
Common Pension Fund B as of May 31, 2005 - Approved


OPEN SESSION


Miscellaneous Issues

B-1

Reorganization of Board Members for fiscal year 2006 - The Reorganization of Board Members was approved as follows:

Chairperson - Mark Kandrac
1st Vice Chairperson - John Sierchio
2nd Vice Chairperson - Dennis Connelly
State Investment Council Representative - Vince Foti
+B-2
Actuary Valuation Report - Tabled for one month to give the Trustees adequate time to review the report.

Retirement and Death Lists

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


CLOSED SESSION


Ordinary Disability

  

Member's Name

Employer

Effective Date

Board's Decision

D-1
Piserchia, Francesco
Belleville Twp.
1/1/2005 
Approved
D-2 Romero, Adrian
Morris County Prosecutor's Office
11/1/2002
a. Honorable Service - forfeiture;
b. Member in Service (to file for OD) - Not  member in service
D-3 Sydlar, George
Jersey City    Reinstatement from
Disability  Retirement Reconsideration/ over age of 55 yrs. - Denied
D-4 Warren, Christian
Bergen County
2/1/2004
a. Honorable Service - No forfeiture;
b. Approved for Ordinary Disability
D-5
2 :15 PM 
Koehler, William
West Orange Police Dept.
9/1/2004
a. Honorable Service - No forfeiture;
 b. Member in Service
Approved
c. Ordinary Disability -
Approved
D-6 McMillan, Ellen
 
City of Newark
9/1/2002
Reinstatement from Disability Retirement -
Approved
D-7 Monthly OD Grid*
The Board of Trustees, on the basis of the medical examination and other documentation presented, approved the following Ordinary Disability retirements (see below).  Future examinations were waived with the exceptions of those noted with *. The Board waived the 30-day waiting period with an effective date of July 1, 2005 and earlier.
D-8 Karon, Adrienne
Borough of   Highland Park
9/1/2001    
Approved Reinstatement
D-9 Kinsey, Dennis
Township of Edison
4/1/2005
Approved
D-10 Lancellotti, Andrew
City of Jersey City
Police Department
4/1/2005
Approved
D-11 Trimmer, Matthew
Juvenile Justice Commission
6/1/2005
Approved

 

*Ordinary Disability Approvals (D-7)

Member's Name

Effective Date

P/F

Employer

Cofone, Marc F

08/05

P

Div of Criminal Justice

Curry, Phyllis A

04/05

P

Essex County

Griner, Donald A

08/05

P

Mountainview Youth Corr. Fac.

Harris, Merri M

04/05

P

Northern State Prison

Huff, Brenda J

06/05

P

Newark City

Lester, Clarise

07/05

P

Dept of Corrections

Renshaw, Abraham P

10/05

P

Riverfront State Prison

Schumacher, Francis

09/05

P

Mercer County

Sloan, Paula M

05/05

P

Union County

Vanatta, Richard M Jr

06/05

P

Juv.Jus.Comm./NJ Train Sc

Young, Earl Jr

09/05

P

Newark City

Zane, Paul

07/05

P

Univ. of Medicine & Dentistry

Total = 12


CLOSED SESSION



    
Member Name,
No.
Employer
Effective
Date
Accident
Date
TP
DR
TE
DM
Board's Decision
E-1
1 :00 PM
Murray, Kennedy
Essex County Sheriff's Office 
8/1/2005
7/2/2004
 
 
 
 
 Tabled to refer to another IME
E-2 Montanez, Carlos
Newark Police
6/1/2005
 6/7/2004
Y
Y
 
Denied Accidental Disability;
Grant Ordinary Disability
(Vote:8:2; Trustees Connelly and Sierchio: Nae)
E-3 Whetsell, William
Essex County
10/1/2004
  5/9/2004
Y
Y
Y
 
DR & TE; Grant Accidental Disability
E-4
1 :30 PM
McCarthy, Patrick
Essex County
5/1/2004
4/2/2004
Y
 
Denied Accidental Disability
Grant Ordinary Disability
E-5
2 :00 PM
Donahue, John

City of Asbury Park
1/1/1999
1/8/1997
Y
Y
Y
  
Reconsidered and Approved
DR; Grant Accidental Disability
E-6 Salmon, Jason
Atlantic County
4/1/2005
4/15/2004
Y
Y
  
Denied Accidental Disability
Only eligible for Withdrawal
E-7 Gwinn, Scott 
City of Plainfield
7/1/2005
8/15/2003
Y
Y
  
Denied Accidental Disability
Grant Ordinary Disability
(Vote: 7:3: Trustees Sierchio, Connelly and Fava: Nae)
E-8
1 :15 PM
Behrens, David
County of Bergen
6/1/2005
10/31/2004
Y
Y
Y
   
Approved
(Trustee Fava abstained)
E-9 Baglino, Anthony
North Hudson Regional Fire & Rescue
6/1/2005
12/7/1996
Y
Y
Y
Y
Approved
(Trustee Fava abstained)
E-10
1 :20 PM 
Russo, Robert
Newark Police Department
10/1/1998
17 Incidents
N
  
Reconsidered and denied;
reaffirmed denial of  TP; DR and TE; Continue in OAL
E-11 Pravatta, Joseph
County of Essex
3/1/2005
 8/23/2004
Y
Y
Y
   
Approved
 (Vote: 8:2 Trustees Beaver and Mikutsky: Nae)
E-12 Donnerstag, Billy
City of Bayonne
3/1/2005
8/11/2004
Y
Y
   
Denied Accidental Disability;
Grant Ordinary Disability
E-13 Morris, Timothy
Middlesex Co. Dept. of Corrections
1/1/2005
 7/16/2003
Y
Y
Y
   
Approved
E-14
2 :30 PM
Kenuk, Troy
Gloucester Twp. Police Department
8/1/2005
10/22/2002
Y
Y
Y
    
Approved
E-15 VanDerTulip,
Village of Ridgefield Park
12/1/2003

2/18/1996

7/24/1996

N

N

N

Y

N

Reconsidered and denied
Reaffirm denial of TP and DR;
Case remains in OAL


OPEN SESSION


Retirement Issues

F-1
Cheff, Gregory - Paterson City - Honorable Service Resubmission - Partial forfeiture of salary and service from November 1998 through March 2000. Continue Ordinary Disability. (Retirement Bureau)
+F-2
Bock, Richard - Waterford Twp. - Honorable Service - No Forfeiture; Approved Service retirement; member may qualify for Special retirement if service time is credited. (Retirement Bureau)


OPEN SESSION


G-1

Garron, Anderson - City of Bridgeton - Hearing Withdrawals - Noted

G-2
Lewis, Raymond - Cape May County - Appellate Division Decision - Court reversed the Board's decision and found that Lewis should not be re-enrolled in the PFRS after retirement - Noted
G-3
Fleming, Bryan - Hunterdon County - DAG reconsideration of Board's prior decision regarding the Appellate Division decision which remanded the issue of Honorable Service to the PFRS (Deferred ret. app.) - Tabled for one month in order to obtain full record and employment history.
G-4
Silverio, Sergio - Essex County - Initial Decision - ALJ reversed the Board's decision by affirming traumatic event and granted Accidental Disability - Postponed for DAG to file exceptions.
G-5
Cottrell, Richard - Neptune City Boro. - Initial Decision - ALJ affirmed the Board's decision and denied Accidental Disability - Adopted; noted exceptions and reply to exceptions.
G-6
West, John - Juvenile Justice Comm./ Medium Sec. Fac. - Final Administrative Determination - Approved
G-7
Miller, Stephen - Essex County - Initial Decision - The ALJ upheld the Board's determination to deny accidental disability retirement benefits - Adopted; noted exceptions and reply to exceptions.
G-8
Corso, Gerald - Caldwell Borough - Initial Decision - The ALJ upheld the Board's determination in denying accidental disability benefits - Tabled to review petitioner's exceptions and DAG reply to exceptions.
+G-9 Hill, David - Newark City - Reconsideration of an OAL case regarding total forfeiture of service - Deny reconsideration based on lack of additional documentation.  The Board will review at a future meeting if additional information is submitted; however, the Board will only address Mr. Hill's specific issues.

Hearing Requests

H-1

Green, Joseph - South Woods Prison - Appeals the Board's decision to deny Accidental Disability - Approved

H-2
Atkins, James - Juvenile Justice Commission/Medium Sec. Fac. - Appeals the Board's decision to deny Accidental Disability - Approved
H-3
Petrozzino, Ronald - Essex County - of accidental disability retirement benefits (no traumatic event) - Approved
H-4

Mason, Arnell - Newark City - Appeals the Board's decision denying the right to change from ordinary disability to accidental disability (off-duty injury) - Denied hearing request; issue Final Administrative Determination.

H-5
Marini, Joseph - Essex County - Appeals the Board's denial of accidental disability as there was no direct result - Approved
H-6
Bunalski, John - Township of Irvington - Employer is appealing member's reinstatement - Tabled in order to obtain job description and to refer back to the same IME for an opinion on reinstatement.(Disability Review)

Active Membership Issues

+J-1

Ceglie, Anthony - Brookdale Community College - Request for enrollment into PFRS - Tabled for one month for review by the Enrollment Section and the Deputy Attorney General. (Enrollment Bureau)

J-2

Bergen County PBA Local #221 and PBA Local #134 - Creditable Salary

a. PBA Local #221 SOA, Lieutenants, and Captains
b. PBA Local #221 Investigators and Sergeants
c. PBA Local #134

Postponed at request of attorney

Informational Issues

L-1

Newspaper Articles Star Ledger, "Private companies to handle piece of Jersey pension funds"  Noted

L-2
PFRS Mortgage Statements/Memos - Noted
L-3
Appellate Division Decisions Molly Baader v. PERS Board of Trustees. The Court reversed and remanded the case to the PERS Board to reconsider the issue of total and permanent disability. Noted

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

The next meeting of the Board will be held on August 8, 2005.

 


POLICE AND FIREMEN'S RETIREMENT SYSTEM
August 8, 2005
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 2005 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 30, 2004.

OPEN PUBLIC MEETING

The first portion of the meeting is open to the public. The second portion, in conformity with the Open Public Meetings Act, shall be closed to the public based upon the personal matters exception. Those matters are confidential unless expressly waived by the individual involved.


Open Session



Called to Order: 10:25 a.m.

Adjourned: 3:00 p.m.

Roll Call: John Sierchio, Richard Mikutsky, Dennis Connelly, Joseph Boucher, Thomas Murphy, Fred Beaver

Absent: Frank Leake, Mark Kandrac, Vince Foti, Nicole Fava, Alan Levine

Also Present: DAG Susanne Culliton; Wendy Jamison; Jackie Bussanich; George Lovaglio, Consulting Actuary; Janet Cranna, Buck Consultants; George Borek; Mindy Smith-Sopko; Sandy Horan; Mary Ellen Rathbun; John Megariotis; Kathryn Gover, Tim Michener; Thomas Flail; Joseph Barnett; Joseph Mandi; Stuart Alterman, attorney; Ronald Basile; Anthony Ceglie; Louis Goetting, Executive Vice President of Admissions, Brookdale Comm College; Colin Maher; Stephen Hunter, attorney; Cynthia Molkenthin, attorney; Jan Brody, attorney; Joseph Allegra; William Mullanaphy; Steven Kossup, attorney; Michelle Ricketts; Richard Panitch, attorney; Michael Williams; David DeLucca;


Minutes

Minutes from the meeting of July 11, 2005 - Approved

Finance

A-1
Common Pension Fund D as of May 31, 2005 - Approved
A-2
Common Pension Fund A as of June 30, 2005 - Approved
A-3
Common Pension Fund B as of June 30, 2005 - Approved
A-4
Common Pension Fund D as of June 30, 2005 - Approved

Miscellaneous Issues

+B-1

Actuary Valuation Report - Accepted

+B-2
Rowan University - Chapter 204 PFRS Title Review for Rowan University (issue of the one year pilot project to carry a weapon on campus) - Rejected resolution; Revisit in February 2006 to allow the University to amend the Resolution regarding gun policy (Trustee Beaver abstained)

OPEN SESSION


Retirement and Death Lists

C-1
Active and Retired Death Lists for July 22, 2005 - Approved
C-2
Chapter 104 List - Approved
C-3
Retirement List - Approved

CLOSED SESSION


Ordinary Disability

D-1
Ordinary Disability Grid - Approved

MEMBER'S NAME

EFFECTIVE DATE

P/F

EMPLOYER

Banks, William
08/05
P
Juv. Jus. Comm./Medium Sec. Fac

Grifo, John M

06/05

F

Jersey City Fire Dept.

Johnson, Kesha

05/05

P

Essex County

Klein, Joseph A

08/05

P

Middlesex County

Long, John J

05/05

P

Southern State Correctional Facility

Mcgurk, Linda L

07/05

P

Cape May County

Monaghan, Peter J

08/05

P

Bergenfield Borough

Mulligan, Andrew

04/05

P

Scotch Plains Township

Plummer, Martha A

07/05

P

Dept. of Cor. Vroom-Jones Farm

Ramsey, Thomas E

11/05

P

Denville Township

Snell, Gregory

11/04

F

Maplewood Township

Tomaskovic, Mary

05/05

P

Edna Mahan Corr Fac For Women

Total = 12

 

 

MEMBER'S NAME, NO.

EMPLOYER

EFFECTIVE DATE

BOARD'S DECISION

D-2

DiPatri, Craig

Barrington Borough

11/1/2004

Tabled for additional information regarding outside employment

D-3

Geisler, Thomas

City of Paterson

 8/1/2005

Approved; c. 428

D-4

Hauser, Edward

Bergen County

6/1/2005

Approved; all charges against member were dropped

D-5

Hatzis, Christopher

City of Paterson

 2/1/2005

Forfeit salary from 12/31/02; Approved Ordinary Disability

D-6

Coughlin, William

Boro. of Avalon

4/1/2005

Table for six months to reevaluate


CLOSED SESSION


Accidental Disability

 

MEMBER'S NAME, NO.

EMPLOYER

EFFECTIVE DATE

ACCIDENT
DATE

TP

DR

TE

BOARD'S DECISION

E-1

Ricketts, Michelle

Dept. of Corrections

1/1/2005

 11/6/2003

Y

Y

N

Reconsidered and denied TE; Reverse decision on Accidental Disability approval; Continue Ordinary Disability

E-2

Loomis, Elizabeth

Cumberland

10/1/2004

  12/7/2001

Y

Y

Y

Approved

E-3

Priester, Dwayne

Northern State Prison

9/1/2005

  9/2/2003

Y

 

Y

Y

Approved

E-4

Krzysztow, Brian

Piscataway Twp.

10/1/2005

 4/27/2004

Y

Y

Y

Approved

E-5

Brooks, Tonya

Salem County

8/1/2005

6/5/2001

Y

Y

N

Denied Accidental Disability; Grant Ordinary Disability

E-6

Guiliano, Michael

Belleville Twp.

8/1/2005

11/20/2004

Y

Y

Y

Approved

E-7

Gardner, James

 

NJ State Prison

4/1/2005

3/19/2004

Y

Y

Y

Approved

E-8

Gaeta, Madeline

City of Newark

5/1/2005

12/19/1999

   2/3/2000

  8/11/2001

  1/14/2002

  1/31/2002

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Approved

E-9

D'Allessio, Nicholas

Rutgers University

8/1/2005

 12/2/2004

Y

Y

Y

Approved

E-10

Beauregard, Tamara

City of Camden

 

 7/1/2005

 2/10/2004

N

N

N

Denied Accidental Disability; only eligible for withdrawal

E-11

DeLucca, David

Fair Lawn Borough

10/1/2005

   6/9/2000

Y

Y

N

Denied Accidental Disability; Grant Ordinary Disability (Vote: 4:2; Trustee Sierchio and Connelly: Nae)

E-12

DeRitis, John

City of Absecon

10/1/2005

   1/6/2005

N

N

Y

Denied Accidental Disability; Offer Deferred (Vote: 5:1; Trustee Beaver: Nae)

E-13

Archer, Colin

City of Newark

8/1/2005

10/28/2000

Y

Y

Y

Approved

E-14

Guszkowski, Dennis

City of Jersey City

9/1/2005

  6/23/2003

Y

Y

Y

Approved

E-15

White, Michael

City of Newark

7/1/2005

  10/7/2002

Y

Y

Y

Approved

E-16

Whelan, Patrick

Essex County

6/1/2005

 9/13/2004

Y

Y

Y

Approved

  

  

MEMBER'S NAME, NO.

EMPLOYER

EFFECTIVE DATE

ACCIDENT
DATE

TP

DR

TE

BOARD'S DECISION

E-17

Schwester, Daniel

Dover Twp.

8/1/2005

8/5/2000

 

Y

Y

Y

Approved

E-18

Klima, Victor

East Jersey State Prison

6/1/2005

5/3/2002

Y

Y

T

Tabled Accidental Disability for incident report; Interim Approved Ordinary Disability

E-19

DePaola, Edward

Roselle Borough

9/1/2005

1/15/2004

Y

Y

Y

Approved

E-20

Duerr, William

Neptune Twp.

9/1/2005

4/23/2000

 

Y

 

Y

Y

Approved

E-21

DiPaolo, Franco

City of Newark

8/1/2005

7/27/2004

Y

Y

Y

Approved

E-22

Daids, James

City of Newark

9/1/2005

8/4/2004

Y

Y

Y

Approved

E-23

Arroyo, James

City of Newark

4/1/2005

4/22/2004

Y

Y

Y

Approved



OPEN SESSION


Retirement Issues

+F-1
Mullanaphy, William - Passaic County - Honorable Service - Judgment of Acquittal - No Forfeiture; Continue to collect retirement benefits
+F-2
Allegra, Joseph - Passaic County - Honorable Service - Order of Dismissal via PTI - No Forfeiture; Continue to collect retirement benefits
+F-3
Burke, Austin - Harrison Twp. - Honorable Service/In-Service - Tabled for documentation regarding employee/employer relationship
F-4
Basile, Ronald - Atlantic City - Honorable Service - Resubmission - Tabled until January 2006 or sooner pending disposition of charges; Continue to collect retirement benefits until January 2006; May not amend retirement date following disposition of charges

Hearing Decisions

G-1

Corso, Gerald - Caldwell Borough - Initial Decision - The ALJ affirmed the Board's decision in denying Accidental Disability;  Exceptions and reply to exceptions presented - Accepted; Noted Exceptions

G-2
Silverio, Sergio - Essex County - Initial Decision with DAG's Exceptions - The ALJ reversed the Board's decision on traumatic event and approved Accidental Disability retirement benefits effective October 1, 2004 - Accepted with re-evaluation in 6 months (January 2006); Noted exceptions (Retirement Bureau, Financial Services)
G-3
Jordan, Henry - NJIT - Initial Decision - The ALJ reversed the Board's decision and granted Ordinary Disability retirement benefits effective August 1, 2001 - Accepted (Retirement Bureau, Health Benefits)
G-4
Ruiz, Wilfredo - City of Newark - Initial Decision - The ALJ affirmed the Board's decision in denying Accidental Disability benefits - Accepted; Noted exceptions
G-5
Darretta, Mark - Dept. of Corrections - Initial Decision - The ALJ affirmed the Board's decision in denying Accidental Disability retirement benefits - Accepted; Denied request to re-file application
G-6
Fleming, Bryan - Hunterdon County - Appellate Division Decision - Remand from the Appellate Division regarding honorable service issue - (Previously tabled to obtain employment history) - Partial forfeiture; Reduction will be percentage of dishonorable service compared to total years of service (Vote: 5:1; Boucher: Nae) (Retirement Bureau, Audit)
G-7
Mason, Arnell - City of Newark - Final Administrative Determination - Approved
G-8
Gebala, John - East Jersey State Prison - Hearing Withdrawal - Noted
G-9
Ramos, Renee - Union City - Hearing Withdrawal - Noted
G-10
Sharon, Walter - Essex County - Hearing Withdrawal - Noted

Hearing Requests

H-1

Jones, Mark - Northern State Prison - Appeals the Board's decision to deny Accidental Disability - Approved

H-2
Coughlin, Daniel - Dept. of Corrections - Appeals the Board's decision to deny Ordinary Disability - Approved
H-3
Mccarthy, Patrick - Essex County - Appeals the Board's denial of Accidental Disability - Approved
H-4
Donnerstag, Billy - City of Bayonne - Appeals the Board's denial of Accidental Disability - Approved


OPEN SESSION


 Active Membership Issues

+J-1

Ceglie, Anthony - Brookdale Community College - Request to roll-back age for enrollment in the PFRS (Resubmission) - Denied

J-2

Bergen County PBA Local #221 and PBA Local #134 - Creditable Salary -

A)  PBA Local #221, SOA, Lieutenants and Captains - Withdrawn per attorney's request
B)  PBA Local #221, Investigators and Sergeants - Tabled for 2 months to allow attorney to amend contract language
C) PBA Local #134 - Titles: Criminal Investigation Officers, Classification Officers, Community Policy Officers - Approved (Internal and External Audit)

J-3
Cox, Alvah - Sayreville Borough - Request to purchase temporary service - Removed from agenda to be handled administratively.

Informational Issues

L-1

Appellate Division Decisions George Harris on behalf of Nancy Harris (deceased) v. PERS Board of Trustees.  The Court reversed and remanded the case to the PERS Board to grant a change in retirement option after the 30 day period - Noted

L-2
Appellate Division Decisions Elaine Broyles v. PERS Board of Trustees - The Court reversed the case and found that the member suffered a traumatic event and approved Accidental Disability - Noted
L-3
Appellate Division Decisions Mariano Delvalle v. PERS Board of Trustees - The Court upheld the Board's decision in denying Accidental Disability retirement benefits - Noted
L-4
Appellate Division Decisions regarding the Prosecutors Part of PERS - Noted
L-5
State Investment Council Minutes for the April 21, 2005 meeting - Noted
L-6
State Investment Council Minutes for the May 19, 2005 meeting - Noted
L-7
State Investment Council Minutes for the May 24, 2005 meeting - Noted
L-8
State Investment Council Minutes for the June 16, 2005 meeting - Noted
L-9
PFRS Mortgage Statements/Memos for June 2005 - Noted

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

The next meeting of the Board will be held on September 12, 2005.

 


POLICE AND FIREMEN'S RETIREMENT SYSTEM
September 12, 2005
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 2005 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 30, 2004.

OPEN PUBLIC MEETING

The first portion of the meeting is open to the public. The second portion, in conformity with the Open Public Meetings Act, shall be closed to the public based upon the personal matters exception. Those matters are confidential unless expressly waived by the individual involved.


Open Session



Called to Order: 10:08 a.m.

Adjourned: 3:30 p.m.

Roll Call: Mark Kandrac; John Sierchio; Dennis Connelly; Frank Leake; Joseph Boucher (Arrived at 10:25 a.m.; left at 1:45 p.m.); Thomas Murphy; Nicole Fava; Alan Levine (Arrived at 10:12 a.m.; left at 12:45 p.m.); Rich Mikutsky; Janice Nelson (Treasurer's Representative) (left at 3:10 p.m.)

Absent: Vince Foti

Also Present: DAG Susanne Culliton; Wendy Jamison; Gail Griffin; Sandy Horan; David Pointer; Ginny Martucci; Juan Montanez; Kevin Simon, Esq.; Jason Brooke Salmon; William Subin, Esq.; Thomas Ramsey; Peter Gilbreth, Esq.; Gerald V. Filippone, Jr.; Jean Filippone; Otto Scerbo, Esq.; Glenn Gates; James Gates; Craig Gumpel, Esq.; Thomas Rohling; Timothy Carroll; Steven Kossup, Esq.; Scott Gwinn; David DeFillippo, Esq.; Colin Maher; Regina Herz; George Borek

OPEN SESSION


Minutes

Minutes from the meeting of August 8, 2005 - Approved
(Trustees Kandrac, Fava, Leake and Nelson abstained)


OPEN SESSION


Finance

A-1
Trial Balance as of June 30, 2005 - Approved
A-2
Common Pension Fund A as of July 31, 2005 - Approved
A-3
Common Pension Fund B as of July 31, 2005 - Approved
A-4
Common Pension Fund E as of July 31, 2005 - Approved
A-5
Common Pension Fund D as of July 31, 2005 - Approved

Open Session


B-1

Administrative Code for Publication N.J.A.C. 17:4 - Adopted 


Open Session


Retirement and Death Lists

C-1
Active and Retired Death Lists - Approved
C-2
Retirement List - Approved
C-3
Chapter 104 PFRS - Approved

CLOSED SESSION


Ordinary Disability

  

Member's Name

Employer

Effective Date

Board's Decision

D-1 Jones, Inell
East Jersey State Prison
4/1/2005
Approved
D-2 DiPatri, Craig
Barrington Boro.
11/1/2004
Resubmission - Total Forfeiture
(Vote: 6:2; Trustees Fava and Sierchio: Nae)
D-3 Gilsenan, Terence
City of Newark Police Dept.
9/1/2005
Resubmission - Approved c. 428 (Trustee Fava recused)
D-4 Monthly OD Grid*
The Board of Trustees, on the basis of the medical examination and other documentation presented, approved the following Ordinary Disability Retirements (see below).  Future examinations were waived with the exceptions of those noted with *. The Board waived the 30-day waiting period with an effective date of September 1, 2005 and earlier.
D-5 Buchanan, Arthur
NJ Institute of Technology
6/1/2005
Approved w/re-examin one year

 

Ordinary Disability Approvals (D-4*)

Member's Name

Effective Date

P/F

Employer

Brown, Sandra A

11/05

P

Atlantic County

Centrella, John D

05/04

P

Lakewood Township

Daly, John W

09/05

F

West Orange Township

Jenkins, Cheryl Ryan

07/05

P

East Jersey State Prison

Johnson, Christopher A

09/05

P

Garden St Recp & Youth Corr Ctr

Rowe, Robert Mitchell

09/05

P

Cumberland County

Torres, Felix

08/05

P

Mercer County

Wright, Vincent M

06/05

P

South Woods Prison-Dept. Of Cor

Total = 8     


CLOSED SESSION


Accidental Disability

 

 

MEMBERS NAME NO.

EMPLOYER

EFFECTIVE DATE

ACCIDENT
DATE

TP

DR

TE

BOARD'S DECISION

E-1

 

Justis, Jeffrey

South Woods State Prison

5/1/2005

2/24/2005

Y

Y

Y

Approved

E-2

Roberts, Francis

Union City

11/1/2004

3/31/2004

Y

Y

N

Denied Accidental Disability; Grant Ordinary Disability

E-3

Servideo, Joseph

Bergen County

7/1/2005

5/27/2004

T

 

T

T

Tabled for clarification from IME

E-4

Schupak, Evan

Essex County

2/1/2004

8/22/203

T

T

T

Tabled for clarification from IME/MRB and copies of incident reports from employer

E-5

Kemler, Robert

City of Trenton

7/1/2005

3/29/2004

Y

Y

Y

Approved

E-6

May, James

East Windsor Twp.

8/1/2005

11/23/2003

Y

Y

Y

Approved

E-7

LaBarre, Richard

Galloway Twp. Police Dept.

6/1/2005

10/14/2004

Y

Y

N

Denied Accidental Disability; Grant Ordinary Disability
Needs c. 428 letter

E-8

Klima, Victor

East Jersey State Prison

6/1/2005

5/3/2002

Y

 

Y

 

N

 

Resubmission - reaffirmed decision denying TE and denying Accidental Disability; continue Ordinary Disability

E-9

Montgomery, Gerald

Willingboro Twp.

9/1/2005

6/4/2003

Y

Y

Y

Approved

E-10

Kirbey, Shirley

College of NJ

 

7/1/2005

3/21/2003

Y

Y

T

Tabled; Grant interim Ordinary Disability; need incident reports

E-11

Quinn, Dennis

West Milford Twp.

8/1/2005

9/25/2004

Y

T

N

Tabled; Grant interim Ordinary Disability; need clarification from IME regarding direct result

E-12

Sauer, Michael

Montclair Twp.

11/1/2005

6/30/2000

Y

Y

Y

Approved

E-13

Aquilino, Catherine

Camden County Bd. of Chosen Freeholders

9/1/2005

2/20/2004

Y

Y

N

Denied Accidental Disability; Grant Ordinary Disability

E-14

Gates, Glenn

Roseland Boro.

10/1/2005

7/8/2004

Y

Y

Y

Approved
(Vote: 8:2; Trustees Mikutsky and Nelson: Nae)

E-15

Bartholomew, Kevin

Garden State Youth Corr. Facility

5/1/2005

12/17/2003

T

T

T

Tabled to obtain clarification from the IME

E-16

Caudill, Jeffrey

South Woods State Prison

8/1/2005

8/4/2004

Y

Y

Y

Approved
(Vote: 5:2:1; Trustees Nelson and Mikutsky: Nae; Trustee Murphy abstained)

 

 

MEMBERS NAME NO.

EMPLOYER

EFFECTIVE DATE

ACCIDENT
DATE

TP

DR

TE

BOARD'S DECISION

E-17

 

Christopher, Nicholas

Essex County

6/1/2004

9/13/2001

8/29/2004

Y

Y

T

T

Y

N

 

Tabled for clarification from IME on direct result; continue Ordinary Disability

E-18

Filippello, David

West Caldwell Twp.

5/1/2005

3/8/2003

1/26/2004

2/28/2004

Y

N

N

Y

  N

  N

 

N

N

N

Denied Accidental Disability; Grant Ordinary Disability

 

E-19

Gwinn, Scott

Plainfield City

7/1/2005

8/15/2003

Y

 

Y

N

Reconsidered; reaffirmed denial of TE and denial of Accidental Disability; Continue Ordinary Disability; Approve hearing request
(Vote: 6:3; Trustees Levine, Sierchio, Connelly: Nae)

E-20

Arencibia, Julian

Essex County

2/1/2003

6/12/2001

Y

Y

N

Reconsidered; reaffirmed denial of TE and denial of Accidental Disability; Continue in OAL
(Vote: 7:1; Trustee Sierchio: Nae)

E-21

Filippone, Jr., Gerald V.

Bloomfield Twp.

7/1/2004

4/16/2002

Y

Y

Y

Reconsidered and Approved Accidental Disability
(Vote:7:1:1; Trustee Nelson: Nae; Trustee Sierchio recused)

E-22

Hurley, Thomas

Pemberton Twp.

10/1/2005

9/27/2003

Y

Y

Y

Approved
(Vote: 5:3; Trustees Kandrac, Mikutsky and Nelson: Nae)

E-23

Bentivegna, Robert

Jersey City Fire Department

3/1/2005

6/5/2004

Y

N

N

Denied Accidental Disability; Grant Ordinary Disability
 Needs c. 428 letter

E-24

Biancamano, Steven

Franklin Twp.

11/1/2005

12/21/2004

Y

 

Y

 

Y

 

Approved

E-25

Diaz, Michael

City of Paterson

10/1/2005

2/17/2004

Y

Y

Y

Approved

E-26

Resignuolo, Frank

Newark Police

 

4/1/2005

2/18/2004

Y

Y

Y

Approved
(Vote: 7:0:1; Trustee Fava recused)

E-27

Rohling, Thomas

Morris County

10/1/2003

2/26/2002

N

N

N

Approved reinstatement based upon information from IME/MRB; will reconsider if additional information is provided

E-28

Mercer, Gail

NJ State Prison

7/1/2005

9/23/2004

Y

Y

N

Denied Accidental; Granted Ordinary w/re-exam in 1 year
(Vote: 6:2; Trustees Murphy and Connelly: Nae)

E-29

Behan, Patrick

Teaneck Twp.

9/1/2005

3/22/2005

Y

Y

Y

Approved
(Vote: 6:2;Trustees Connelly and Sierchio: Nae)


OPEN SESSION


Retirement Issues

F-1
Ramsey, Thomas - Chatham Twp. - Honorable Service - No forfeiture
F-2
Price, Norman - City of East Orange - Honorable Service - Tabled; request superceding indictment
F-3

Morris, Rory - Monmouth County - Honorable Service

a. Honorable Service - No Forfeiture
b. Service retirement app.  - Approved (Vote: 9:0:1; Trustee Nelson abstained)
(Retirement Bureau)

F-4
Caceres, Paul - Juv. Jus. Comm. / Medium Sec. Fac. - Request to reverse transfer from PERS to PFRS - Denied
F-5

Burke, Austin - Harrison Twp. - Resubmission

a. Member in Service - Approved
b. Honorable Service - Total Forfeiture (Vote: 9:1, Trustee Fava: Nae)
(Retirement Bureau)

Hearing Decisions

G-1

Smith, Edward - North Brunswick Twp. - Hearing Withdrawals - Failure to Appear (disability issue) - Noted

G-2
Muccigrossi, Gary - South Plainfield Boro. - Initial Decision  - ALJ affirmed the Board's decision to deny Accidental Disability  - Tabled to allow attorney to file exceptions
G-3
Conlon, Eugene - Middlesex County - Initial Decision - ALJ reversed the Board's decision by affirming traumatic event and granted Accidental Disability -  Adopted ALJ's decision to grant Accidental Disability effective 5/1/1998 (Retirement Bureau)

Hearing Requests

H-1

Montanez, Carlos - City of Newark - Appeals the Board's decision to deny Accidental Disability - Approved

H-2
Sydlar, George - Jersey City - Appeals the Board's denial to reinstate him to his former position since he over age 55 - Tabled to prepare a timeline of events
H-3
Romero, Adrian - Morris County - Appeals the Board's decision that Mr. Romero was not in service at the time he filed his application for Ordinary Disability - Reconsidered and reaffirmed denial of TE and denial of Accidental Disability; approved hearing request
+H-4

Salmon, Jason Brook - Atlantic County

a. Reconsideration of Accidental Disability on issue of TE only - Reconsidered and denied
b. Hearing Request - Appeals the Board's decision to deny Accidental Disability - Approved

H-5
Trimmer, Matthew - Juv. Jus. Comm./ NJ Train SC - Appeals the Board's decision to deny Accidental Disability - Approved

Active Membership Issues

+J-1

Montanez, Juan Union City - Membership Request to roll-back age to qualify for enrollment in the PFRS (overage enrollment) - Denied

J-2
Miles, Withey - UMDNJ - Membership Request to transfer from PERS to PFRS - Approved based on roll back of age (receive credit for attending police academy twice).  (Enrollment Bureau) (Trustee Nelson abstained)
J-3
Moore, Robert - Dunellen Boro. - Purchase Request to Purchase Special Police Service - Denied

Informational Issues

L-1

Wire Transfers Non-Contributory Group Insurance Policy #14800 Benefit Claims for July 2005 - Noted

L-2
PFRS Mortgage Statements/Memos for July 2005 - Noted
L-3
Fact Sheet 55 and Statute 40A:14-199 - Noted

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

The next meeting of the Board will be held on October 17, 2005.

 


POLICE AND FIREMEN'S RETIREMENT SYSTEM
October 17, 2005
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 2005 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 30, 2004.

OPEN PUBLIC MEETING

The first portion of the meeting is open to the public. The second portion, in conformity with the Open Public Meetings Act, shall be closed to the public based upon the personal matters exception. Those matters are confidential unless expressly waived by the individual involved.


Open Session



Called to Order: 10:08 a.m.

Adjourned: 3:45 p.m.

Roll Call: Mark Kandrac; John Sierchio; Dennis Connelly; Rich Mikutsky; Joe Boucher (left at 3:30); Fred Beaver; Frank Leake; Alan Levine (Arrived at 10:17a.m.; left at 12:50 p.m.); Tom Murphy

Absent: Nicole Fava; Vince Foti

Also Present: DAG Susanne Culliton; Wendy Jamison; Gail Griffin; Mary Ellen Rathbun; Mike Czyzyk; Dave Pointer; Sandy Horan; Ginny Martucci; Janice Curtin; Regina Herz; Colin Maher; Jack Prettyman; George Borek; Brian Volz, NJEA; Andrew Pacucci, Bergen Co.; Joseph Servideo; Thomas DiPatri; Robert Segear; Robert Merrill; Benton Wuensch; David Beckett, Esq; Don Ryland, PBA President; Michael Disbrow; Brenden Eagen, Esq.; Steven Kossup, Esq.; Michael Sternesky; Joseph Sorbanelli; Terrance Hillary; Richard Domotor; Gene Vecchione; Richard Ensmenger; Joseph Moore; Luis Gomez; Stuart Alterman, Esq.;


OPEN SESSION


Minutes

Minutes from the meeting of September 12, 2005 - Approved

Finance

A-1
Trial Balance as of July 31, 2005 - Approved
A-2
Common Pension Fund A as of August 31, 2005 - Approved
A-3
Common Pension Fund B as of August 31, 2005 - Approved
A-4
Common Pension Fund D as of August 31, 2005 - Approved
A-5
Common Pension Fund E as of August 31, 2005 - Approved


OPEN SESSION


Miscellaneous Issues

B-1

Notice of Pre-proposal for Creditable Compensation N.J.A.C. 17:4-4.1 - Tabled in order for the Board to review the new three-year Experience Study and to develop questions for the PFRS Actuary regarding any changes to the regulation and the affect they may have on the fiscal integrity of the system.

B-2

Chapter 204 PFRS Title Review for the Department of Environmental Protection police positions:

a. Ranger
b. Ranger Sergeant
c. Ranger Lieutenant
d. Chief of Parks and Law Enforcement

Approved (Trustee Beaver abstained)

B-3

Evesham Twp. Fire District No. 1 - Chapter 204 PFRS Title Review For Evesham Twp. Fire positions:

a.  Assistant Chief
b.  Firefighter/Emergency Medical Technician
c.  Firefighter/Emergency Medical Technician/Inspector

Approved (Trustee Beaver abstained)

B-4
Administrative Code for Publication NJAC 17:4-1.8 (Suspension of Pension Checks) - Approved for publication


OPEN SESSION


Retirement and Death Lists

C-1
Return to Employment from September 2005 - Approved
C-2
Active and Retired Death Lists - Approved
=C-3
Return to Employment for October 17, 2005 - Approved
C-4
Retirement List - Approved


CLOSED SESSION


Ordinary Disability


Member Name, Number
Employer
Effective Date
Board's Decision

D-1
Wilkins, Richard
Irvington Twp.
3/1/2005 Approved for c. 428
D-2
Cacciatore, Joseph
Bergen County
7/1/2005 Approved for c. 428
D-3

Monthly OD Grid
The Board approved the following applications for ordinary disability with no future examinations with the exception of (*).  The Board waived the 30 day waiting period for the disbursement of the first retirement check for applications effective October 1, 2005 and earlier.

Member's Name

Effective Date

P/F

Employer

Adams-Shanklin, Cynthia

09/05

P

Juv. Jus. Comm./Medium Sec. Fac

Collins, Lynne M

08/05

P

Albert C. Wagner Youth Corr. Fac

Cox, Moses Jr

09/05

P

Dept. of Corr. Vroom-Jones Farm

Dorey, Joseph

11/05

P

Essex County

Esparra, Jose A

01/06

P

Union County

Johnson, Sheila B

05/05

P

Essex County

Player, Victor R

09/05

P

Mt Ephraim Borough

Prince, Gene

01/06

P

Corrections-Adult Diag. & Treat

Shouldis, John R

07/05

P

Teaneck Township

Weyer, Fernando

05/05

P

Weehawken Township

Total = 10

Brian Sullivan - Monmouth County/Hall of Records - Tabled for clarification from employer.

Accidental Disability

 

MEMBER'S NAME NO.

EMPLOYER

EFFECTIVE DATE

ACCIDENT
DATE

TP

DR

TE

BOARD'S DECISION

E-1

 

Corbiscello, Josephine

Monmouth County Bd. of Chosen Freeholders

4/1/2005

6/12/2001

Y

N

N

Denied Accidental Disability; Granted Ordinary Disability

E-2

Sorace, Michael

City of Bayonne

 

10/1/2005

2/14/2002

N

N

N

Denied Accidental Disability; Only eligible for Withdrawal

E-3

Alvarado, Arlin

City of Newark

8/1/2003

6/23/1999

Y

 

Y

N

Reconsidered and reaffirmed denial of TE; Case remains in OAL

E-4

Sternesky, Michael

City of Englewood

12/1/2005

12/12/2003

Y

Y

Y

Approved

E-5
1:00

Ensmenger, Richard

Jersey City Fire Dept.

3/1/2005

1/12/2004

Y

Y

Y

Approved
(Vote: 6:2: Trustees Connolly and Beaver: Nae)

E-6

Degrazio, Gerald

Bloomfield Twp.

4/1/2005

7/5/2004

N

N

N

Denied Accidental Disability on Ortho.; previously approved for TP on Psych.; remain on Ordinary Disability; refer to IME to be reevaluated  (Trustee Sierchio abstained)

E-7

Hage, Zyad

Middlesex County Adult Correction Center

6/1/2005

10/30/2004

Y

N

Y

Denied Accidental Disability; only eligible for Withdrawal

E-8

Fazzari, Fabian

City of Orange

1/1/2005

10/30/1997

1/12/2001

1/19/2004

Y

Y

Y

Y

Y

Y

 

Y

N

N

Denied Accidental Disability; Continue Ordinary Disability;  No delayed manifestation for the 10/30/97 incident (Vote: 7:0:1:Trustee Connelly: Nae)

 

MEMBER'S NAME, NO.

EMPLOYER

EFFECTIVE DATE

ACCIDENT
DATE

TP

DR

TE

BOARD'S DECISION

E-9

Sullivan, Shane

Morris County

3/1/2005

9/16/2002

Y

Y

N

Denied Accidental Disability; only eligible for withdrawal

E-10

Buzby, Kelly

City of Atlantic City

 

1/1/2005

5/1/2000

Y

Y

N

Denied Accidental Disability; Granted Ordinary Disability

E-11

Neiling, Daniel

City of Camden

9/1/2005

8/13/2004

Y

Y

N

Denied Accidental Disability;

Granted Ordinary Disability

E-12

Mazahreh, Nasem

City of Camden

6/1/2005

7/6/2004

Y

Y

Y

Approved

(Vote: 5:3: Trustees Beaver, Leake and Mikutsky: Nae)

E-13

Miltenberger, James

Atlantic City Police Dept.

9/1/2005

8/26/2004

Y

Y

Y

Approved

E-14
1:15

Moore, Joseph

City of Paterson

11/1/2005

3/2/2001

Y

Y

Y

Approved

E-15

Mullen, James