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Pensions and Benefits
POLICE AND FIREMEN'S RETIREMENT SYSTEM
FEBRUARY 11, 2013
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 2013 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 9, 2012.

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 (21K) Totals Adobe PDF (8K)


OPEN SESSION


Called to Order: 10:02 AM

Adjourned: 1:12 PM

Roll Call:

Marty Barrett; Timothy Colacci; Susanne Culliton (arraived 10:05 a.m.); Vince Foti; Wayne Hall; Frank Leake; Richard Loccke (left 1:00 p.m.); Mike Postorino; John Sierchio


Absent: Laurel Brennan

Also Present: DAG Kellie Pushko; Wendy Jamison; Lisa Pointer; Sharon Palmer; Mike Weik; Marylou Mayoros; Valerie McManus; Shalom Stone Esq.; Joseph Bober; Thomas Whitley; Dan Morris; Mrs. Morris; F. Michael Daily, Jr., Esq.; John Megariotis; Fran Peterson; Darnell Esdaille; Michael Pitts; Art Margeotes, Esq.; William O'Dwyer; Pasquale Giannetta, Esq.; John Murkli; John Feeley, Esq.; Robert Shine; Danielle Passafiume


OPEN SESSION

Minutes

Minutes from the meeting of January 14, 2013
Approved (Vote; 8-0-1; Trustee Loccke abstained)

Minutes from the meeting of January 14, 2013
Approved Executive Sessions Minutes (Vote; 8-0-1; Trustee Loccke abstained)


OPEN SESSION

Miscellaneous Issues

None
   


OPEN SESSION

Retirement and Death Lists

C-1
Active and Retired Death Lists
Approved
C-2
Active and Retired Death Lists for February 1, 2013
Approved
C-3
Return to Employment
Approved
C-4=
Retirement List
Approved
 


CLOSED SESSION

Ordinary Disability

 

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE
DATE

DECISION

D-1 Kjems, Eric
Carteret Borough
3/1/2010
Reaffirmed denial. Case remains in
OAL.
D-2 Varano, Daniel
Township of Bloomfield
11/1/2011
Partial Forfeiture of service and
salary from November 1, 2009 to
the end of employment. Does not
qualify for Ordinary Disability.
D-3 Monthly OD Grid  
    
Approved Ahn, Jeffrey; Bergen
County (effective 2/1/13)
Aiello, Stephen; Sussex County
(effective 8/1/12)


CLOSED SESSION

Accidental Disability

  

MEMBER'S NAME
AND NO.

EMPLOYER
EFFECTIVE
DATE
ACCIDENT
DATE

DECISION

E-1

Parry, Kevin
City of Camden
12/1/2009
3/17/2007
Total Forfeiture not eligible to file for
Accidental Disability

E-2

Johnson, Corey
East Orange Police
Dept.
11/1/2011
7/20/2010
Denied Accidental Granted Ordinary

E-3

Reed, Paul
Marlboro Township
12/1/2012
8/19/2011
Approved

E-4

Martinez, Pedro
City of Passaic
4/1/2012
11/26/2006
Approved

E-5

McCray, Anthony
City of Camden
3/1/2013
9/13/2011
Denied Accidental, Offer Deferred

E-6

(+) Pitts, Michael
West Windsor
Township
1/1/2013
10/13/2011
Denied Accidental Granted Ordinary
(Trustees Hall, Culliton recused)

E-7

(+) LiCausi, Robert
City of East Orange
9/1/2011
12/16/2010
Tabled for IME addendum

E-8

Rios, Joseph
City of Passaic
6/1/2012
5/29/2009
Denied Accidental Granted Ordinary

E-9

(+) Shine, Robert
New Brunswick City
9/1/2012
12/4/2010
Approved

E-10

Crawford, Kenneth
Department of
Corrections
8/1/2012
5/17/2011
Approved

E-11

(+) O'Dwyer, William
Newark Police
Department
3/1/2013
5/21/2009
Approved

E-12

McDonald, Tonya
East Orange City
2/1/2013
10/20/2011
Denied Involuntary Accidental, offer
Service

E-13

(+) Murkli, John
Mercer County
12/1/2012
7/9/2012
Approved

E-14

(+) Passafiume, Daniel
Township of North Brunswick
3/1/2013
6/15/2012
Denied Accidental, Offer Deferred

E-15

Figueroa, Linda
City of Passaic
8/1/2012
1/11/2011
Approved with a one year re-eval.

E-16

Cassidy, Valene
Albert C. Wagner Youth Correctional Facility
7/1/2012
2/13/2010 4/9/2011
Approved

E-17

Bannister, Kim
Atlantic City
1/1/2012
3/16/2007
Approved with a one year re-eval.


OPEN SESSION

Retirement Issues

F-1+
Bober, Joseph - NJ Transit Corporation -
Tabled for additional information
F-2
Henry, Thomas - Midstate Correctional Facility - Request to change Retirement type from Service to Involuntary Ordinary Disability
Denied (Vote:7-2; Trustees Postorino, Barrett nae)
F-3
Whitley, Thomas - Northern State Prison -
Tabled per attorney request
F-4+
Morris, Dan - City of Camden - Honorable Service
Total Forfeiture with no recoupment of prior retirement payments
F-5
Esdaile, Darnell - Borough of Freehold -
Tabled pending Appellate Division decision (Vote: 8-1; Trustee Barrett nae)
F-6
Lightner, Gregory - Monmouth County /Hall of Records - Request to reduce Worker's Compensation Off-Set Payments
Denied
   

OPEN SESSION

Hearing Decisions

G-1
Thomas, David - City of Plainfield - Initial Decision ALJ reversed the Board's decision and ordered forfeiture period of three years based on Petitioners misconduct
Remanded back to the OAL for the ALJ to explain the basis for the 3 year forfeiture.
G-2
Bailey, Robin - Voorhees Township - Appellate Division Decisions Court upheld Board's decision denying Ordinary Disability retirement benefits
Noted
G-3 Muccigrossi, Gary - South Plainfield Borough - Initial Decision ALJ reversed Board's decision and granted Accidental Disability retirement benefits
Adopted (Vote: 7-2; Trustee Sierchio, Loccke nae) (Retirement Bureau)
G-4
Piserchio, Patrick - City of Orange - Findings of Fact, Conclusions of Law
Approved
G-5
Thompson, Jerry - East Jersey State Prison - Final Administrative Determinations
Approved
G-6
Appleton, Ann Marie - Hudson County - Initial Decision ALJ upheld Board's decision and denied Accidental Disability retirement benefits
Adopted ALJ's decision
G-7
Warner, Stephen - Passaic County - Initial Decision ALJ upheld Board's decision and denied Accidental Disability retirement benefits
Adopted ALJ's decision and noted exceptions and reply to exceptions (Trustee Loccke
recused)
G-8 McCormack, Carleen - Hudson County - Final Administrative Determinations
Adopted
   

OPEN SESSION

Hearing Requests

H-1
Rossbach, Jamielyn - Monmouth County Hall of Records - Appeals denial of Ordinary Disability retirement benefits
Approved OAL Hearing
H-2
Kornegay, John - City of Camden - Appeals denial of Accidental Disability retirement benefits
Approved OAL Hearing
H-3
Bogart, Michael - Little Egg Harbor Township - Appeals denial of total forfeiture of service and salary
Approved OAL Hearing
H-4
Rogers, Craig - City of Newark - Appeals denial of Accidental Disability retirement benefits
Approved OAL Hearing
H-5
Kelley, Terry - Juv. Jus. Comm./Medium SEC. FAC. - Appeals denial of Accidental Disability retirement benefits
Approved OAL Hearing
H-6
Dalrymple, Kyle - Blairstown Township - Appeals denial of Accidental Disability retirement benefits
Tabled for IME review
H-7
Bernotas, Gerald - Wharton Borough - Employer appeals the approval of Gerald Bernotas’ application for Accidental Disability retirement benefits.
Approved OAL Hearing
   


OPEN SESSION

Active Membership Issues

None


OPEN SESSION

Death Claim Issues

 

None



OPEN SESSION

Informational Issues

L-1
Appellate Division Decisions Jerri Trevino vs PERS
Noted
L-2
Common Pension Fund D as of November 30, 2012
Noted
L-3
Common Pension Fund A as of November 30, 2012
Noted
L-4 Common Pension Fund B as of November 30, 2012
Noted
L-5 Trial Balance for November 30, 2012
Noted
L-6
PFRS Report For Month Ending 12/31/12
Noted
L-7
Common Pension Fund D as of December 31, 2012
Noted
L-8
Common Pension Fund B as of December 31, 2012
Noted
L-9
PFRS Mortgage Statements/Memos for December 20, 2012
Noted
L-10
PFRS Mortgage Statements/Memos for January 24, 2013
Noted
   

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

The next meeting of the Board will be held on March 11, 2013.

 

 
 
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