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POLICE AND FIREMEN'S RETIREMENT SYSTEM
February 9, 2009
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 2009 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 18, 2008.

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 Deferred Special Totals




OPEN SESSION

Called to Order: 10:01 a.m.

Adjourned: 1:45 p.m.

Roll Call:

Marty Barrett; Fred Beaver; Laurel Brennan (left 1:32 p.m.); Vince Foti; Sherryl Gordon; Wayne Hall; Mark Kandrac (arrived 10:13 a.m.); Frank Leake; Richard Loccke; Rich Mikutsky; John Sierchio;


Absent:

Also Present: DAG Kellie Pushko; DAG Don Catinello
 
Division Staff: Wendy Jamison; Lisa Pointer; Sharon Palmer; Virginia Martucci;
   
Members, Counsel, Employers, Consultants:
 

William Claxton, Esq.; Steven Kossup, Esq.; Dominick DeAndrea; Anthony Piccinno; James MaGee, Jerry Keelen, NJHMFA; Brian Niland; Barbara Niland, Joe Niland

 
Union Groups, etc:
 

George Borek, IAFF; Steve Eckel, FOP, Anthony Wieners, PBA; Keith Dunn, PBA;
Mark Kounor, PBA

 


OPEN SESSION

Minutes

Minutes from the meeting of January 9, 2009 - Approved
(Trustee Gordon abstained)

Finance

(Note: These items now appear as “L” items)


OPEN SESSION

Miscellaneous Issues 

B-1
None

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+

Leyva, Exequiel

Newark City

11/1/2006

Honorable Service - Forfeit one year service and salary from September 1, 2005. (Vote 10-1) (Trustee Gordon nae)
Ordinary Disability - Approved with one year reexam

D-2

Vocaturo, Robert

Passaic County

6/1/2008

Approved Ordinary Disability
(Trustee Loccke recused)

 

Ordinary Disability 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, 2009 and earlier.
                       


Member's Name

Effective Date

P/F

Employer

Drakeford, Robert L

01/09

P

Englewood City

Lee, Jeanette E

02/09

P

Southern State  Facility

Mansure, John J

03/09

P

Trenton City 

Marchena, Dario H Jr

07/09

P

Newark City

Massaro, Michael A Ii

02/09

F

Cherry Hill Twp Fire Dist # 13

Mcfadden, David J

05/09

P

Kinnelon Borough

Mcgrath, Daniel

12/08

P

Bloomfield

Pelli, David

01/09

P

Hudson County

Silva, Domingo

08/08

F

Passaic City

Sorrentino, Gerard F

01/09

P

Bergen County

Thomas, Reggie Lee

11/08

P

Essex County

Note:  DeSanto, Frank, Jr. (action postponed pending review of admin. charges)
Total = 11


CLOSED SESSION

Accidental Disability

.

MEMBER'S NAME AND NO.

EMPLOYER

EFFECTIVE DATE

ACCIDENT
DATE

Decision

E-1

Terry, Marvin

Asbury Park City

4/1/2008

2/7/2008

Approved Accidental Disability (Trustee Mikutsky abstained) (Trustee Loccke recused)

E-2

Sessa, Albert

Middlesex County

2/1/2009

2/22/2008

Approved Accidental Disability

E-3

Vogel, Roger

JJC/Medium Sec. Fac.

9/1/2008

7/15/2007
8/14/2007
8/23/2007

Denied Accidental Disability, only eligible for withdrawal

E-4

Niland, Brian

Paramus Borough

3/1/2009

2/27/2007

Approved Accidental Disability (Trustee Loccke recused)

E-5

Gaeta, Robert

Union City Police Dept.

2/1/2009

5/11/2007

Approved Accidental Disability (Trustee Loccke recused)

E-6

Walters, Michael

City of Gloucester

11/1/2008

7/4/2002
12/13/2006

Approved Accidental Disability

E-7+

DeAndrea, Dominick

Newark City

12/1/2008

2/1/2006

Approved Accidental Disability (Trustee Foti abstained)

E-8

Maye, Andrew

Englewood City

3/1/2009

4/15/2006

Approved Accidental Disability (Trustee Loccke recused)

E-9

Lance, Anthony

Northern State Prison

12/1/2008

9/17/2007

Approved Accidental Disability

E-10

Hanke, Ronald

City of Paterson

1/1/2008

1/17/1991

Approved Accidental Disability (Vote: 7-4)  (Trustees Gordon, Beaver, Foti, Loccke nae)

E-11

Kearney, Steven

Passaic County

2/1/2009

8/5/2005

Approved Accidental Disability (Trustee Loccke recused)

E-12+

MaGee, James

Deptford Township

6/1/2008

5/18/2007

Approved Accidental Disability

E-13

Wallace, Charlie

Northern State Prison

3/1/2009

4/22/2002

Approved Accidental Disability

E-14+

Casazza, Matthew

NJIT

11/1/2008

5/24/2006
12/20/2007

Tabled for IME review of new meds. Granted Interim Ordinary Disability

E-15

Hahn, Joshua

Mercer County

2/1/2009

7/15/2007

Approved Accidental Disability

E-16

Shive, John

Pine Beach Borough

9/1/2008

2/3/2005

Approved Accidental Disability

E-17

Nagle, Robert

JJC

1/1/2009

12/23/2007

Approved Accidental Disability



OPEN SESSION

Retirement Issues

F-1

Fisher, Robert - Newark City - Honorable Service - Total Forfeiture
(Retirement Bureau)

F-2

Macias, Jaime - Union City - Resubmission Request for Dependency - The Board denied the request for dependency due to the lack of information provided as previously requested by the Board.



OPEN SESSION

Hearing Decisions

G-1

Russo, Gregory - Montclair Township - Initial Decision - The ALJ reversed the Board’s decision and granted Accidental Disability retirement benefits. The Board noted the exceptions filed by DAG Ignatowitz and Mr. Feeley’s reply to exceptions; however, the Board voted to reject the ALJ’s Conclusions of Law approving accidental disability retirement benefits for Gregory Russo. The Board directed the Secretary to draw up findings of fact and conclusions of law.

G-2

Black, Michael - Newark City - Initial Decision - The ALJ  reversed the Board’s decision in approving Involuntary Ordinary Disability - The Board noted the exceptions filed by Mr. Olivo.  The Board voted to adopt the ALJ’s Initial Decision finding that Mr. Black is not totally and permanently disabled from the performance of his regular and assigned job duties as police officer with the City of Newark.  Consequently, Mr. Black’s PFRS retirement benefits will cease effective March 1, 2009; and he will be required to return to employment with the City of Newark.  Mr. Black is also required to reimburse the PFRS for the retirement benefits he collected since February 1, 2005 through February 1, 2009.  (Retirement/Enrollment Bureaus)

G-3
Cook, Michael - Sea Isle City - Hearing Withdrawal - Noted
G-4

Tinson, Floyd   - Newark City - Initial Decision - The ALJ upheld the Board’s decision and denied Involuntary Accidental Disability retirement benefits. The Board voted to adopt the recommendation of the Administrative Law Judge that denied the request to collect involuntary Accidental Disability retirement benefits.

G-5

Register, Michael - Garden St Recp & Youth Corr Ctr. - Hearing Withdrawal - Noted

G-6

Miller, Bruce - Lower Township - Hearing Withdrawal - Noted

G-7

Ottaviano, Charles - South Woods Prison-Dept. Of Corrections - Initial Decision - The ALJ upheld the Board's decision and denied enrollment into PFRS. The Board noted the exceptions but voted to adopt the recommendation of the Administrative Law Judge that found that Mr. Ottaviano was not eligible to enroll in the PFRS as he did not satisfy the maximum age requirement for entry into the PFRS.



OPEN SESSION

Hearing Requests

H-1

Henderson, Catina - Mercer County - Appeals denial of Accidental Disability retirement benefits - Approved

H-2

Lattanzio, Ronald - Camden City - Appeals denial of Accidental Disability retirement benefits - Approved

H-3

Owen, Douglas - Passaic County -  Appeals the total forfeiture of service and salary credit - Approved

H-4

Testa, Frank - Newark City - Appeals denial of Ordinary Disability retirement benefits - Approved



OPEN SESSION

Active Membership Issues

J-1

None


Death Claim Issues

K-1

Stephens, Gary - Elizabeth City - Accidental Death - Approved (Retirement Bureau)



OPEN SESSION

Informational Issues

L-1

PFRS Mortgage Statements/Memos - Noted

L-2
State Investment Council Minutes - Noted
L-3
State Investment Council Minutes - Noted
L-4
Trial Balance as of July 31, 2008 - Noted
L-5
Common Pension Fund D as of September 30, 2008 - Noted
L-6

PFRS Mortgage Statements/Memos - Noted

=L-7
Copy of General Administration Regulation - Noted
=L-8

PBA IRS Rule Opinion Letter – Noted

=L-9+

Jerry Keelen from NJHMFA to provide an update on the PFRS mortgage loan program - Noted

New Business

  • Motion to request a legal opinion on the affect on PFRS members if the proposed changes to the IRS code pertaining to the ”normal retirement age” is enacted. (Trustee Beaver abstained)
  • Motion made to draft a letter to Governor Corzine and to copy all elected legislators (including the President of the Senate and the Speaker of the Assembly) regarding the Board’s opposition to any legislation that would defer or modify the normal pension contributions from being paid to the PFRS. (Trustee Beaver recused)

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

The next meeting of the Board will be held on March 9, 2009

 

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Division of Pensions and Benefits
PO Box 295
Trenton, NJ 08625-0295

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Last Updated: February 10, 2009