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Pensions and Benefits
POLICE AND FIREMEN'S RETIREMENT SYSTEM
JANUARY 11, 2010
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 2010 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 18, 2009.

DISCLOSURE OF THE OPEN PUBLIC MEETINGS ACT

(A) When necessary, the Board shall adopt Resolution A to go into closed session to consider individuals’ disability applications, which states:

In accordance with the provisions of the Open Public Meetings Act, N.J.S.A. 10:4-13, be it resolved that the Board of Trustees go into closed session for purposes of discussing matters pertaining to disability retirement which involves material involving personal medical and health records, data, reports and recommendations relating to specific individuals, pursuant to N.J.S.A. 10:4-12(3). Those matters are confidential unless expressly waived by the individual involved.

The actions taken during closed session relating to a disability retirement are anticipated to become available to the public immediately at the conclusion of the meeting and will be posted on the Division of Pensions and Benefits’ Web site within a reasonable time; however, personal information pertaining to an individual shall be redacted from the minutes of such meeting and shall remain confidential until after such time as the Board determines that the need of confidentiality no longer exists and the matters discussed can be disclosed.


(B) When necessary, the Board shall adopt Resolution B to go into executive session to request/receive attorney-client advice from the Deputy Attorney General, which states:

In accordance with the provisions of the Open Public Meetings Act, N.J.S.A. 10:4-13, be it resolved that the Board of Trustees go into closed session to discuss matters falling within the attorney client privilege, and/or matters in which litigation is pending or anticipated, pursuant to N.J.S.A. 10:4-12(7).

The minutes of such meeting shall remain confidential until after such time as the Board determines that the need of confidentiality no longer exists and the matters discussed can be disclosed and the Board waives the attorney-client privilege.


RETIREMENT LISTS

Service Adobe PDF (9K) Deferred - none
Special Adobe PDF (16K) Totals Adobe PDF (8K)


OPEN SESSION


Called to Order: 10:00 AM

Adjourned: 2:12 PM

Roll Call:

Marty Barrett; Fred Beaver; Laurel Brennan; Vince Foti; Sherryl Gordon; Wayne Hall; Mark Kandrac; Frank Leake; Richard Mikutsky; John Sierchio


Absent: Richard Loccke

Also Present: DAG Kellie Pushko; Wendy Jamison; Lisa Pointer; Sharon Palmer; Douglas Dinkler; Marylou Mayoros; Mary Ellen Rathbun; Debbie Lane; Susanne Culliton; Mike Herbert, Esq.; George Borek, IAFF; John Feeley, Esq.; DAG Danielle Bradus; Jeffrey D. Catrambone, Esq.; Samuel Gaylord, Esq.; Lawrence Dillon; Timothy Metzger; Ryan Peach; James Yates; Cheryll Johnston-Willois; Stephanie Maloney; Stephen McDermott; Joseph Gribbins; Brian Magnin; Daniel Smith; Jason Brecker; Edward O'Rourke; Stuart Alterman, Esq.; Francisco Utset; Daniel Geddes, Esq.; William Walsh; Tim Smith, Esq.; Anthony Puccino; David Yanvary; Keith Dyer; Dina Dyer; Charles Thorpe; Dan Morris; Phillip Montgomery


OPEN SESSION

Minutes

Minutes from the meeting of December 14, 2009
Approved

Minutes from the meeting of December 14, 2009
Approved Executive Session Minutes


OPEN SESSION

Miscellaneous Issues

B-1+

Reconsideration of Fire titles for West Windsor Township Emergency Service Specialist and
Lieutenant Titles.
Denied continued participation in the PFRS. (Vote: 5-3-2; Trustees Brennan, Mikutsky,
Kandrac nae; Trustees Gordon, Beaver abstained) (Enrollment Bureau; Publications)

B-2+
Review Current Occupants of Emergency Services Specialist and Lieutenant positions at
West Windsor Township.
Current members grandfathered to remain in PFRS. (Trustee Beaver abstained)


OPEN SESSION

Retirement and Death Lists

C-1=

Active and Retired Death Lists
Approved

C-2=
Retirement List
Approved


CLOSED SESSION

Ordinary Disability

 

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE DATE

DECISION

D-1

Santarpia, Columbia

Borough of Tenfly
9/1/2009
Involuntary Approved
(Trustee Hall recused)
D-2
+O'Rouke, Edward

Township of Hardyston
2/1/2008
Reinstatement from Disability Retirement Tabled for new medical documentation
D-3
+Orosz, Christopher

Middlesex County
8/1/2009
A) Honorable Service
B) Ordinary Disability Tabled per attorney's request (both issues)
D-4
+Dyer, Keith

Bergen County
5/1/2009
A) Honorable Service - Partial Forfeiture of service and salary from May 2008 to the end of employment. (Vote: 8-1-1; Trustee Mikutsky nae; Trustee Barrett abstained)
B) Ordinary Disability - Approved; (Trustee Barrett abstained)
D-5
Phillips, Kenneth

City of Wildwood
5/1/2009
Denied Involuntary
(Vote: 9-1; Trustee Barrett nae)
D-6 Monthly OD Grid
Manalapan
1/1/2010
Approved Suydam, Jonathan



CLOSED SESSION

Accidental Disability

 

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE DATE

ACCIDENT
DATE

DECISION

E-1

+Jaramillo, Mark

Deptford Twp.
2/1/2010
7/30/2007
Approved

E-2

+ Utset, Francisco
Twp. of Hillside
5/1/2009
3/28/2003 10/27/2007
Denied Accidental Granted Ordinary

E-3

+ Ventura, Rocco
Township of Lakewood
10/1/2005
6/1/2000
Denied Accidental Continue Ordinary Disability. Case remains in the OAL.
(DAG Pushko recused)

E-4

+Walsh, William

Essex County
4/1/2008
10/7/2004
Tabled for new IME
(Trustee Foti abstained)

E-5

+Wentz, Shawn

Deptford Township
11/1/2009
12/22/2007
Denied Accidental Granted Ordinary

E-6

+Dillon, Lawrence

Boro of Chatham
10/1/2009
10/5/2008
Approved

E-7

Russo, Joseph

Washington Township
3/1/2010
10/27/2008
Reconsidered and reaffirmed denial of Accidental Disability, continue collecting Ordinary Disability or offer Special whichever provides the highest benefit

E-8

Tiernan, James

Juvenile Justice Comm.
5/1/2008
8/16/2006
Reconsidered and reaffirmed denial of Accidental Disability, continue collecting Ordinary Disability. Case remains in the OAL.

E-9

+Thorpe, Charles

City of Camden
6/1/2009
3/17/2008
Approved

E-10

+Montgomery, Phillip

City of Asbury Park
4/1/2006
3/22/2003
A.) Honorable Service - Partial forfeiture of service and salary from March 2002 to the end of employment. Reaffirmed approval of Accidental Disability effective 4/1/2006 based on reduced service and salary.
(Vote: 7-3; Trustees Beaver, Foti, Sierchio nae)

E-11

+Morris, Dan

City of Camden
1/1/2010
9/17/2008
Approved

E-12

Cortes, Luis

Northern State Prison
6/1/2009
9/9/2008
Approved with a one year reevaluation
(Vote: 9-1; Trustee Barrett nae)

E-13

Suero, Edras


City of Newark
12/1/2005
1/22/1999
2/4/2004
Reconsidered and reaffirmed denial of Accidental Disability, continue collecting Ordinary Disability. Case remains in the OAL.


OPEN SESSION

Retirement Issues

F-1+

Bermel, Ronald - East Jersey State Prison - Honorable Service
Partial Forfeiture of service and salary from July 2007 to the end of employment.
(Retirement Bureau)

F-2+
Yanvary, David - Edison Township -
A.) Honorable Service - Partial forfeiture of service and salary from August 2008 to the end of employment. (Trustee Foti abstained)
B.) Special Retirement - Approved effective September 1, 2009. (Trustee Foti abstained)
(Retirement Bureau)
F-3
York, Curtis - Chester Township - Request to waive mandatory retirement.
Denied


OPEN SESSION

Hearing Decisions

G-1
McClutcher, Denzal - West Orange Township - Initial Decision ALJ upheld the Board's decision and denied Accidental Disability retirement benefits. Granted DAG's request for extension to reply to exceptions
G-2
Ballard, John - Neptune Township - Hearing Withdrawals
Noted
G-3
#3-71500 - Ocean County - Initial Decision ALJ upheld the Board's decision that Sean Feltri was a member in service.
Adopted the ALJ's decision regarding member in service issue and noted the exceptions.
The Board remanded the case to the OAL for a decision on Ordinary Disability.
G-4
Benbrook, Daniel - Middletown Township - Appellate Division
Decisions Daniel Benbrook vs. PFRS.
Noted
G-5
Bleistein, Kenneth - Mercer County - Hearing Withdrawals
Noted
G-6
Gleisberg, Robert - Egg Harbor Twp. - Findings of Fact,
Conclusions of Law
Approved
G-7
Reed, Betty - Department of Corrections - Findings of Fact, Conclusions of Law
Approved
G-8
Ceres, Lawrence - Somers Point City - Findings of Fact,
Conclusions of Law
Approved
G-9
Burke, Austin - Harrison Town - Initial Decision ALJ upheld the Board's decision
and forfeited pension service.
Adopted the ALJ's Initial Decision
G-10
Valenzuela, Diomedes - Irvington Township - Hearing
Withdrawals
Noted
G-11+
Hayes, Shonda - City of Trenton - Initial Decision ALJ reversed Board's decision and granted Accidental Disability retirement benefits.
Adopted the ALJ's Findings of Fact analysis and rejected the Conclusions of Law regarding the delayed manifestation analysis. Prepare Findings of Fact.


OPEN SESSION

Hearing Requests

H-1
Holmes, Robert - Marlboro Township - Appeals calculation of
retirement benefit
Approved
H-2
Delia, Dino - Newark City - Appeals denial of Accidental Disability
retirement benefits
Approved
H-3
Fine, John - Linden City - Appeals denial of Accidental Disability retirement
benefits
Approved


OPEN SESSION

Active Membership Issues

None



OPEN SESSION

Death Claim Issues

None



OPEN SESSION

Informational Issues

L-1

Appellate Division Decisions CWA vs PERS
Noted

L-2
Appellate Division Decisions Anthony Catoggio for Lois Catoggio vs PERS
Noted
L-3
Common Pension Fund D as of September 30, 2009
Noted
L-4
Wire Transfers -Non-Contributory Group Insurance Policy #14800 Benefit Claims for the
month of November 2009
Noted
L-5
PFRS Mortgage Statements/Memos
Noted
L-6
State Investment Council Schedule of Meetings for 2010.
Noted
L-7=
Certifying Officer Letters Memo regarding the election of Representative to the State
Investment Council
Noted
L-8=
Certifying Officer Letters Memo regarding the Deadline for PFRS Training Requirements
Noted

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

The next meeting of the Board will be held on February 8, 2010.

 

 
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