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POLICE AND FIREMEN'S RETIREMENT SYSTEM
February 11, 2008
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 2008 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 28, 2007.

DISCLOSURE OF THE OPEN PUBLIC MEETINGS ACT

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

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

(B) When necessary, the Board shall adopt Resolution B to go into executive session to request/receive attorney-client advice from the Deputy Attorney General, which states:
     
In accordance with the provisions of the Open Public Meetings Act, N.J.S.A. 10:4-13, be it resolved that the Board of Trustees go into closed session to discuss matters falling within the attorney-client privilege, and/or matters in which litigation is pending or anticipated, pursuant to N.J.S.A. 10:4-12(7).
     
The minutes of such meeting shall remain confidential until after such time as the Board determines that the need of confidentiality no longer exists and the matters discussed can be disclosed and the Board waives the attorney-client privilege.



RETIREMENT LISTS


Service Deferred - none Special Totals



OPEN SESSION

Called to Order: 10:12 a.m.

Adjourned: 3:50 p.m.

Roll Call:

Susanne Culliton (designated State Treasurer Representative); Vince Foti (left at 2:45 p.m.; Wayne Hall; Mark Kandrac; Frank Leake; Richard Loccke; Richard Mikutsky; Tom Murphy; John Sierchio


Absent:   Nicole Fava; Sherryl Gordon

Also Present: DAG Kellie Pushko
   
Division Staff:

Wendy Jamison; Gail Griffin; Sharon Palmer; Virginia Martucci; Marylou Mayoros; Wendy Wise-Whitfield

   
Members, Counsel, Employers, Consultants:
 

Eric Rahn; Patrick McGlone; Andrew Fisher; Jeffrey Seider; Debbie Seider; Samuel Halpern, Esq.; William Claxton, Esq.; Thomas Juskus; Karen Juskus; John Feeley, Esq.; Richard Barreres; Paul Kleinbaum, Esq.; Anthony Weiners; Bruce Chester; Tom Seabasty; Keith Dunn

Union Groups, etc.:
 

Regina Herz; Steve Eckel, FOP; George Borek, IAFF; State Trooper Paul McColgan



OPEN SESSION

Minutes

Minutes from the meeting of January 14, 2008 - Approved
(Trustee Culliton abstained)


OPEN SESSION

Finance

A-1

Common Pension Fund E as of August 31, 2007 - Approved

A-2 Common Pension Fund A as of November 30, 2007 - Approved
A-3 Common Pension Fund B as of November 30, 2007 - Approved
A-4 Common Pension Fund A as of December 31, 2007 - Approved
A-5 Common Pension Fund B as of December 31, 2007 - Approved
A-6 Common Pension Fund D as of October 31, 2007 - Approved


OPEN SESSION

Miscellaneous Issues 

B-1 Administrative Code NJAC 17:4-4.1 Creditable Compensation (discussion only) - A motion was made to follow the language of the Statute exactly and possibly vacate the current rule. The Board authorized Chair to appoint a sub-committee of not more than five (5) trustees and include Division staff and a respresentative from the Attorney General’s Office to gather information and formulate a proposal regarding the existing creditable compensation regulation. The proposal will be presented to the Board at a future meeting.


OPEN SESSION

Retirement and Death Lists

C-1

Active and Retired Death Lists as of January 25, 2008 - Approved

C-2
Retirement List - Approved


CLOSED SESSION

Ordinary Disability


.
Member Name,
No.
Employer
Effective Date
Board's Decision

D-1

Manzi, Marco

Paterson City
7/1/2007
Denied Reconsideration;
Denied Involuntary
Ordinary Disability

D-2..
Edwards, Kenneth
City of Trenton 11/1/2007 Approved; c. 428
(Trustee Foti abstained)

D-3
Feltri, Sean
Ocean County 9/1/2005 ADMINISTRATIVELY  WITHDRAWN UNTIL PENDING LITIGATION HAS BEEN  RESOLVED

D-4
Ebhardt, Donald
Bergenfield Borough 11/1/2007 Approved Involuntary Ordinary Disability; c. 428

D-5
Hanke, Ronald
City of Paterson 1/1/2008 Approved Involuntary Ordinary Disability; c. 428

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.  Future examinations were waived with the exceptions of those noted with *. The Board waived the 30-day waiting period with an effective date of February 1, 2008 and earlier.

Member's Name

Effective Date

P/F

Employer

Appleton, Glenn

06/07

P

Hudson County

Boatner, Maurice C Jr

11/07

P

Northern State Prison

Lespinasse, Jean B

01/07

P

Dept. Of Cor. Vroom-Jones Farm

Lutz, Kenneth W

01/08

P

Camden Co Bd Of Chosen Frhldrs (Chp 428)

Mejia, Ralph A

02/08

P

Riverfront State Prison

Wells, Roy

02/08

P

Maple Shade Township

Total = 6
                                               

D-7
Rahn, Eric
Milltown Borough 9/1/2007
A.) Honorable Service - Partial forfeiture of service and salary from 1/1/03 to 3/5/07
B.) Ordinary Disability - Approved
 (Trustees Leake and Loccke   recused)




CLOSED SESSION

Accidental Disability 


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

E-1

McGlone, Patrick
Borough of Lindenwold
2/1/2007
1/7/2006
Y
Y
Y
.
Reconsidered; reversed issues of total & permanent and direct result; approved Accidental Disability

E-2

Fisher, Andrew

Township of Denville
10/1/2006
6/22/2001


 

 

T

 

 

T

 

 

T

 

 

T

A.) Honorable Service - Partial Forfeiture of service and salary from 5/1/04 to 12/31/05
(Vote: 7:2: Trustees Foti and Loccke: Nae)
B.) Accidental Disability
Tabled to allow member time to submit add’l documentation


E-3


Fulse, Joseph
 
Mountainview Youth Correctional Facility
1/1/2004
12/31/2002
Y
N
N
.
Reconsidered; reaffirmed denial of traumatic event and reversed direct result; the basis for the Board’s denial was that the incident was not caused by a circumstance external to the member; rather the disability was the result of a pre-existing disease aggravated and/or accelerated by the work effort; continue Ordinary Disability

E-4
Delvalle, Mariano


Lakewood Township
4/1/2006
3/24/2002

Y
T
T
.
Tabled to await Supreme Court ruling in similar matters; granted interim Ordinary Disability
(Trustee Loccke recused)

E-5
Shinn, Ryan


City of Bridgeton
7/1/2007
5/8/2005
Y
Y
Y
.
Approved

E-6
Zielinski, Mark

NJ Transit
7/1/2007
10/4/2005
T
T
T
.
Tabled for clarification from IME(Trustees Foti and Loccke   recused)

E-7
Roth, Edward
Berkeley Twp.
1/1/2008
11/28/2006
T
T
T
.
Tabled for medical authorization from attorney and clarification from the IME direct result

E-8
Servideo, Joseph
   
Bergen County
7/1/2005
5/27/2004
N
N
Y
.
Reconsidered; reaffirmed denial of total and permanent and direct result; approved  traumatic event; proceed in the OAL
(Vote: 7:2: Trustees Foti and Loccke: Nae)

E-9
Burgos, Marisol

City of Camden
2/1/2008
5/17/2006
Y
Y
Y
.
Approved
(Trustee Foti abstained)

E-10
Seider, Jeffrey

Franklin Township
6/1/2003
11/9/1998

Y
T
T
.
Tabled to await Supreme Court ruling in similar matters; continue Ordinary Disability

E-11
Barreres, Richard

North Hudson Reg. Fire & Rescue
3/1/2008
6/17/2006
 
Y
Y
Y
.
Approved
(Vote: 7:1:1: Trustee Foti: Nae; Trustee Loccke recused)

E-12
Kushner, Stuart

Dept. of Corrections
11/1/2007
9/7/2006
Y
N
N
.
Denied Accidental Disability;  granted Ordinary Disability; the member’s disability was result of a pre-existing disease that was not undesigned and unexpected and was not caused by an external circumstance

E-13
Beverly, Eric

 
Camden City
1/1/2008
4/24/2004


Y
Y
Y
.
Approved
(Trustee Foti abstained)

E-14
Horner, Richard
Bordentown Twp.
8/1/2007
6/12/2002
Y
N
N
.
Denied Accidental Disability; granted Ordinary Disability; the outcome of the incident was not undesigned and unexpected and was not caused by an external  circumstance

E-15
Melvin, Eugene
Environmental Protection         
11/1/2007
1/15/2006
Y
N
Y
.
Denied Accidental Disability; granted Ordinary Disability; member’s disability was  the result of a pre-existing condition



OPEN SESSION

Retirement Issues

F-1+
Bell, Lawrence - Northern State Prison - Honorable Service - Total forfeiture
F-2+

Dickson, Wayne - Salem City - Creditable Salary - (Settlement Agreement) - Denied
(Vote: 6:2: Trustees Sierchio and Hall: Nae)

F-3+

Juskus, Thomas - Roxbury Township -
A.) Honorable Service - Partial forfeiture of salary only from 12/1/04 to termination
B.) Service Retirement - Approved for an October 1, 2007 effective date
(Trustee Loccke recused)

F-4

Hughes, Alfred - Newark City - Honorable Service - Partial Forfeiture
of final year of salary only; approved two-year repayment schedule for overpayment of benefits
(Vote: 5:3; Trustees Murphy, Culliton and Leake: Nae)



OPEN SESSION

Hearing Decisions

G-1 Schreppel, Arthur - Middletown Township - Appellate Division Decisions - Noted
G-2

DiMinno, Anthony - West Milford Township - Initial Decision with
exceptions and reply to exceptions - ALJ reversed the Board' s decision and approved Accidental
Disability retirement effective May 1, 2006 - Adopted; noted exceptions and reply to exceptions
 (Vote: 7:1 Trustee Loccke: Nae) (Retirement Bureau)



OPEN SESSION

Hearing Requests

H-1

Baltuskonis, Andrew - Cape May County - Appeals the Board's decision to deny Accidental Disability retirement benefits - Approved

H-2

Walder, Lorna - Dept. of Environmental Protection - Appeals the Board's decision to deny Accidental Disability retirement benefits - Tabled to await Supreme Court Ruling in similar matters

H-3

Tinson, Floyd - Newark City - Appeals the Board's decision to deny Involuntary Accidental disability retirement benefits - Approved

H-4

Parrish, Clarence - Dept. of Corrections - Appeals the Board's decision to deny Accidental Disability retirement benefits - Denied request for reconsideration; Approved hearing request

H-5

Reed, Betty - Dept. of Corrections - Appeals the denial of Accidental Disability retirement benefits - Approved



OPEN SESSION

Active Membership Issues

J-1
None

OPEN SESSION

Death Claim Issues

 

None


OPEN SESSION

Informational Issues

L-1

Wire Transfers Non-Contributory Group Insurance Policy#14800 Benefit Claims for December 2007 - Noted

L-2
PFRS Mortgage Statements/Memos - Noted

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

The next meeting of the Board will be held on March 10, 2008.

 

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Last Updated: February 13, 2008