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Pensions and Benefits
POLICE AND FIREMEN'S RETIREMENT SYSTEM
JANUARY 10, 2011
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
2011 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 17, 2010. A change in the meeting start time from 10:00 a.m. to 9:00 a.m. was mailed on November 24, 2010.

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 (8K) Deferred - none
Special Adobe PDF (15K) Totals Adobe PDF (8K)


OPEN SESSION


Called to Order: 10:00 AM

Adjourned: 4:03 PM

Roll Call:

Marty Barrett (arrived 10:03); Laurel Brennan (left 1:15); Susanne Culliton (arrived 10:07); Vince Foti; Sherryl Gordon; Wayne Hall; Frank Leake; Richard Loccke; Richard Mikutsky (via telecom); Mike Postorino; John Sierchio


Absent: NONE

Also Present: DAG Kellie Pushko; Wendy Jamison; Lisa Pointer; Sharon Palmer; Virginia Martucci; Marylou Mayoros; Valerie McManus; Doug Dinkler; Mike Czyzyk; Maryann Ryan; Mark Schwedes; John Megariotis; William Quinn; George Borek, IAFF; Keith Hicks; Lilia Londar, Esq.; Francis Hall; Samuel J. Halpern, Esq.; Matthew Curran, Esq.; Henry Setkiewicz; Timothy Smith; Esq.; Richard Medwin; Donald Delvecchio; Paula Clark, Esq.; Frank Crivelli, Esq.; Scott Zapora; Allan Roth, Esq.; Craig S. Gumpel, Esq.; James M. Mets, Esq.; Chris Megerium, Star Ledger; Francia Prystok; Danette Molina, Esq.; Steven Kossup; Herman Ellis; James Washington; Joseph Juliano; Pasquale Giannetta, Esq.; Harry Santiago; John Feeley, Esq.


OPEN SESSION

Minutes

Minutes from the meeting of December 13, 2010
Approved


OPEN SESSION

Miscellaneous Issues

B-1

Regulation Final Adoption Repeal Rule N.J.A.C. 17:4-4.8.
Adopted (Vote: 10-1; Trustee Barrett nae)

B-2
Administrative Code for Publication Creditable Compensation (NJAC 17:4-4.1)
Adopted regulation in present format (no changes) (Vote: 7-3; Trustees Hall, Barrett, Loccke nae)


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

Mazzone, Mark

Adult Diagnostic Treatment Center
6/1/2009
Honorable Service - Total forfeiture of service and salary. Does not qualify to file Ordinary Disability.
D-2 Benbrook, Daniel
Middletown Township
 
Reinstatement from Disability
Retirement Approved
D-3 Marino, Thomas
Edison Township
2/1/2009
Honorable Service - Total Forfeiture of service and salary. Does not qualify to file Ordinary Disability.
D-4 Ellis, Herman
Harrison Township Hudson
11/1/2008
Filing of Ordinary Disability
application 1.) Continue cessation of Ordinary Disability pension.
2.) Refer the matter to the Attorney General's office for fraud review.
3.) Based on analysis by the
Attorney General's office the Division will review for recoupment of all funds.
D-5 Monthly OD Grid  
 
Approved Castrovinci, Christopher - JJC - effective date 11/1/10
Harrington, Michael - JJC - effective date 10/1/10
Koscuiszka, Michael - Teaneck Township - effective date 1/1/11
Wehrhahn, Kris - Hoboken City - effective date 7/1/10



CLOSED SESSION

Accidental Disability

 

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE DATE

ACCIDENT
DATE

DECISION

E-1

Harman, Jeffrey
Department of Corrections
8/1/2010
5/3/2008
Approved
(Motion by Trustee Culliton
seconded by Trustee Foti)

E-2

Chalfont, Timothy
Laurel Springs Borough
2/1/2011
6/30/2009
Approved
(Motion by Trustee Culliton
seconded by Trustee Leake)

E-3

Cileone, Angelo
Corrections -Bayside State Prison
9/1/2010
10/22/2008
Approved
(Motion by Trustee Culliton
seconded by Trustee Foti)

E-4

Juliano, Joseph
East Orange City
9/1/2010
6/23/2009
Approved
(Motion by Trustee Culliton
seconded by Trustee Foti)

E-5

Santiago, Harry
Orange City
11/1/2010
8/7/2009
Approved
(Motion by Trustee Culliton
seconded by Trustee Foti)

E-6

Irizarry, Wilson
City of Passaic
2/1/2011
9/13/2009
Denied Accidental, Offer Deferred
(Motion by Trustee Culliton
seconded by Trustee Hall; Trustee Loccke recused; Trustee Foti abstained)

E-7

Washington, James
City of Orange Township
11/1/2010
4/7/2003
Tabled for IME to clarify information
on prior incidents. Granted Interim
Ordinary.
(Motion by Trustee Culliton
seconded by Trustee Foti)

E-8

Nieves, Leonard
Lakewood Township
2/1/2011
9/24/2009
Approved
(Motion by Trustee Culliton
seconded by Trustee Barrett;
Trustee Loccke recused)
E-9 Garrison, Ronald
Adult Diagnostic and Treatment Center
9/1/2010
8/18/2006
Approved
(Motion by Trustee Culliton
seconded by Trustee Gordon)

E-10

Benesz, Diane
State Parole Board
12/1/2010
8/12/2009
Approved
(Motion by Trustee Culliton seconded by Trustee Foti)

E-11

Farina, Lori
Borough of Runnemede
7/1/2010
8/1/2009
Denied Accidental Granted Ordinary
(Motion by Trustee Culliton seconded by Trustee Mikutsky)

E-12

Darling, Brian
City of Asbury Park
8/1/2010
8/31/2009
Denied Accidental Granted Ordinary
(Motion by Trustee Culliton seconded by Trustee Leake; Trustee
Loccke recused)

E-13

Christopher, Scott
County of Passaic
3/1/2011
12/12/2008
Approved
(Motion by Trustee Culliton
seconded by Trustee Mikutsky;
Trustee Loccke recused; Trustee
Foti abstained)

E-14

Jetti, Willie
County of Essex
8/1/2010
3/10/2009
Denied Accidental, Offer Deferred
(Motion by Trustee Culliton
seconded by Trustee Mikutsky;
Trustee Loccke recused)

E-15

Nazario, Ricardo
City of Wildwood
2/1/2011
8/29/2008
Approved
(Motion by Trustee Culliton
seconded by Trustee Foti)

E-16

Soto, Angelo
South Woods Prison Department of Corrections
10/1/2010
10/24/2008
Approved
(Motion by Trustee Culliton
seconded by Trustee Mikutsky)

E-17

Shafto, Joseph
City of Asbury Park
8/1/2010
5/9/2009
Tabled for clarification from IME.
Granted interim Ordinary Disability
(Motion by Trustee Culliton
seconded by Trustee Hall; Trustee Loccke recused)


OPEN SESSION

Retirement Issues

F-1
Peine, John - Riverdale Borough - Salary increase (Creditable Compensation)
Approved (Retirement Bureau)
F-3+
Hicks, Keith - City of Camden - Deferred Retirement (Removal)
Denied (Trustee Loccke abstained)
F-4+ Hall, Francis - Wall Township - Creditable Compensation
Denied (External Audit)
F-5
Rommeits, Robert - City of Newark - Late Filing
Approved (Retirement Bureau)
F-6+ Setkiewicz, Henry - City of Hoboken -
A.) Honorable Service - Partial forfeiture of 5 years and 4 months of service and salary
B.) Special Retirement - Approved (Retirement Bureau)
F-7
Nielsen, Eric - Mountainview Youth Corrections Facility - Request Deferred
Retirement
Denied
F-8 Money, Jeffrey - City of Camden - Repayment Schedules
Tabled to request documents supporting financial hardship



OPEN SESSION

Hearing Decisions

G-1
Bailey, Robin - Township of Voorhees - Initial Decision ALJ upheld Board's
decision and denied Accidental Disability retirement benefits.
Adopted ALJ's decision denying Accidental Disability retirement benefits. Rejected the
ALJ's decision regarding Ordinary Disability, modified facts, noted exceptions.
G-2
Servideo, Joseph - Bergen County - Appellate Division Decisions
Joseph Servideo vs. PFRS Court upheld Board's decision and denied Accidental Disabililty
retirement benefits.
Noted
G-3
Roberts, Francis - Union County - Initial Decision ALJ upheld the
Board's decision and denied Accidental Disability retirement benefits.
Adopted ALJ's decision with a modification. Noted the exceptions and reply to exceptions.
G-4
Korytny, Vadim - Bergen County - Initial Decision ALJ upheld Board's decision
and ordered that petitioner's Service and Salary be forfeited.
Adopted ALJ's decision denying forfeiture. NOTE: Member's request for extension filed out
of time.
G-5
Murray, Steven - Atlantic County - Hearing Withdrawals
Noted


OPEN SESSION

Hearing Requests

H-1
Haskins, Robert - Northern State Prison - Appeals denial of
Accidental Disability retirement benefits
Approved
H-2
Reilly, William - Juv.Jus. Comm./NJ Train SC - Appeals total forfeiture of PFRS
service and salary,not eligible to collect any type of PFRS Disability or regular benefits.
Withdrawn from agenda (member withdrew contributions from PFRS, no longer has the
right of appeal)
H-3
Thimons, Glenn - Middlesex County -
A.) Reconsideration - The Board reconsidered and reaffirmed the denial of Accidental
Disability retirement benefits.
B.) Hearing Request - Approved



OPEN SESSION

Active Membership Issues

J-1+

Medwin, Richard - Morris County - Purchase Layoff Credit.
Denied

J-2+
Delvecchio, Donald - Morris County - Purchase Layoff service credit.
Denied
J-3+
Zapora, Scott - Englishtown Borough - Request PFRS enrollment (overage 35).
Denied overage enrollment and granted hearing in OAL.
J-4+
#3-35900 - City of Linden - Request Terminal leave pay-out Not Be Considered an ERI.
Denied (Vote: 7-4; Trustees Barrett, Loccke, Mikutsky, Postorino nae)
J-5+
#3-54600 - Vernon Township - Resubmission Creditable Compensation.
Approved (Vote: 7-1-2; Trustee Culliton nae; Trustees Loccke, Gordon abstained) (Audit
Section)


OPEN SESSION

Death Claim Issues

K-1+

Prystauk, Gary - City of Newark - Request for Surviving child
benefits.
Tabled subject to Attorney General's advice.



OPEN SESSION

Informational Issues

L-1
Appellate Division Decisions Frank Watts vs. PERS
Noted
L-2
Common Pension Fund A as of September 30, 2010
Noted
L-3
Common Pension Fund B as of July 31, 2010 (Revised)
Noted
L-4
Common Pension Fund E as of July 31, 2010
Noted
L-5
Common Pension Fund B as of August 31, 2010
Noted
L-6
Common Pension Fund E as of August 31, 2010
Noted
L-7
Common Pension Fund B as of September 30, 2010
Noted
L-8
Common Pension Fund D as of September 30, 2010
Noted
L-9
Trial Balance as of September 30, 2010
Noted
L-10
Wire Transfers Non-Contributory Group Insurance Policy #14800 Benefit Claims for the
month of November 2010
Noted
L-11
Common Pension Fund A as of October 31, 2010
Noted
L-12
Common Pension Fund A as of October 31, 2010
Noted
L-13
Trial Balance as of October 31, 2010
Noted
L-14
PFRS Mortgage Statements/Memos For November 2010
Noted
L-15
State Investment Council Information
Noted
L-16
Explanation of Trial Balance
Noted
L-17
Anonymous Letter regarding pension abuse in West Orange Township
Noted

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

The next meeting of the Board will be held on January 27, 2011 at the War Memorial, George Washington Ball Room, Trenton, New Jersey.

 
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