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POLICE AND FIREMEN'S RETIREMENT SYSTEM
March 6, 2006
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 2006 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 15, 2005.

OPEN PUBLIC MEETING

The first portion of the meeting is open to the public. The second portion, in conformity with the Open Public Meetings Act, shall be closed to the public based upon the personal matters exception.Those matters are confidential unless expressly waived by the individual involved.



Open Session


Called to Order: 10:03 a.m.

Adjourned: 5:10 p.m.

Roll Call: Mark Kandrac; John Sierchio; Dennis Connelly; Joseph Boucher (left 1:30 p.m.); Vince Foti; Fred Beaver; Nicole Fava; Rich Mikutsky; Frank Leake; Alan Levine (Arrived 10:10 a.m.; left 1:30 p.m.)

Absent: Tom Murphy

Also Present: DAG Susanne Culliton (Arrived 10:06 a.m.)
   
  Division Staff:
    Wendy Jamison; Gail Griffin; David Pointer; Sandy Horan; Joe Reilly; Mike Czyzyk; Mary Ellen Rathbun; Jackie Bussanich
     
  Members, Counsel, Employers:
    Joseph Chiarulli; Brenda Chiarulli; William Osterman; Gary Wodlinger, Esq.; Jorge DeArmas, Esq.; Linda Bilec, DAG; David Ryan; Paul Kleinbaum, Esq.; Jeff Ignatowitz, DAG; Stephen Hunter, Esq.; James Mets, Esq.; Len Schiro, Esq.; Charles Castronova; Stuart Alterman, Esq.; Wayne Kummer; Jeffrey Wilson; Donna Wilson; Thomas Rohling; Amy Rohling; Mark Gangi; David Wetmore; Leon Suvenski, Esq.; Charles Uliano, Esq.; John Feeley, Esq.; Steven Kossup, Esq.
     
  Consultants, Union Groups, etc.:
     

OPEN SESSION


Minutes

Minutes from the meeting of February 6, 2006 - Approved with revision
(Motion by Trustee Foti; Seconded by Joe Boucher)


OPEN SESSION


Finance

A-1
Trial Balance as of December 31, 2005 - Approved
(Motion by: Trustee Foti; Seconded by Trustee Leake)
A-2
Common Pension Fund D as of December 31 - Approved
(Motion by: Trustee Foti; Seconded by Trustee Leake)
A-3
Common Pension Fund E as of December 31, 2005 - Approved
(Motion by: Trustee Foti; Seconded by Trustee Leake)
A-4
Common Pension Fund E as of January 31, 2005 - Approved
(Motion by: Trustee Foti; Seconded by Trustee Leake)

Miscellaneous Issues

B-1

Administrative Code for Final Adoption - Approved
(Motion by: Trustee Beaver; Seconded by Trustee Mikutsky)

B-2
Police Election Appeal for John Malinski - Denied Appeal
(Motion by: Trustee Foti; Seconded by Trustee Mikutsky; Trustee Sierchio recused)
B-3
City of Brigantine Fire Official/ Firefighter - Chapter 204 PFRS Title Review - Resubmission - Approved
(Motion by: Trustee Connelly; Seconded by Trustee Sierchio; Trustee Beaver abstained) (Enrollment Bureau)

Retirement and Death Lists

C-1
Retirement List - Approved
(Motion by: Trustee Foti; Seconded by Trustee Connelly)
C-2
Active and Retired Death Lists
(Motion by: Trustee Foti; Seconded by Trustee Sierchio)

CLOSED SESSION


Ordinary Disability


 
Member Name,
Number
Employer
Effective Date
Board's Decision

D-1
Trabucco, Albert
Morris County
9/1/2005
Approved; No Forfeiture
(Motion by Trustee Boucher; Seconded by Trustee Sierchio)
D-2
Kristensen, Peter
Fairlawn Boro. 10/1/2004 Approved
(Motion by Trustee Boucher; Seconded by Trustee Foti)
D-3
Dreissig, Thomas
Borough of New Providence 2/1/2006 Approved; Partial forfeiture of service and salary from 9/1/04 to termination
(Motion by Trustee Beaver; Seconded by Trustee Mikutsky)
D-4

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 March 1, 2006 and earlier.

Member's Name

Effective Date

P/F

Employer

Askey, Charlie Carter

01/06

P

South Woods Prison-Dept. of Corr.

Borrero, Carlos Javier

04/05

P

Essex County

Ciarleglio, Joseph

06/05

F

Paterson City

Murphy, Lawrence

09/05

P

Dept. of Environmental Protection

Sims, Steven

02/06

P

East Orange City

Zimbardo, Robert J

12/05

F

Union Township

Total=6

(Motion by Trustee Levine; Seconded by Trustee Leake)

Accidental Disability


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

E-1
Walski, Michael
City of Newark
3/1/2006
6/3/2002
N
N
N
  Denied Accidental Disability; Offered Deferred
(Motion by Trustee Foti; Seconded by Trustee Boucher; Trustee Fava recused)
E-2
Rodgers, Richard
Willingboro Twp.
3/1/2006*
10/14/2004
Y
Y
Y
  Approved
(Motion by Trustee Foti; Seconded by Trustee Boucher)
* effective date
change to 4/1/06
E-3
1 :00 PM
Castronovo, Charles
City of Passaic
9/1/2005
11/20/2004
Y
Y
Y
  Reconsidered and Approved Ordinary Disability
(Motion by Trustee Foti; Seconded by Trustee Sierchio) (Vote: 9:1; Trustee Beaver: Nae)
E-4
Arroyo, Vivian
City of Newark Police Dept.
4/1/2006
2/26/2000
Y
Y
Y
T
Tabled to permit member to submit evidence regarding delayed manifestation
(Motion by Trustee Boucher; Seconded by Trustee Levine; Trustee Fava recused)
E-5
Rocco, Noreen
Morris County Correctional
8/1/2005
4/5/2001
Y
Y
N
Denied Accidental Disability;
Granted Ordinary Disability
(Motion by Trustee Boucher; Seconded by Trustee Levine)
E-6
Martin, John
Twp. Of North Bergen
2/1/2006
1/31/2005
Y
Y
Y
  Approved
(Motion by Trustee Boucher; Seconded by Trustee Levine)
E-7
Russo, Craig
Northern State Prison
2/1/2006
11/8/2004
N
N
N
  Denied Accidental Disability;
Offered Service
(Motion by Trustee Boucher; Seconded by Trustee Connelly)
E-8
Trout, Phillip
City of Ventnor
5/1/2006
3/11/2004
Y
Y
Y
  Approved
(Motion by Trustee Mikutsky; Seconded by Trustee Foti)
E-9
Leone, Joey
West Orange Twp.
2/1/2006
10/4/2003
        Tabled pending receipt of report from IME
(Motion by Trustee Boucher; Seconded by Trustee Levine)
E-10
Rivera, Matthew
West New York Town
2/1/2006
10/17/2004
Y
Y
Y
  Approved Accidental Disability from Ordinary Disability
(Motion by Trustee Connelly; Seconded by Trustee Mikutsky)
E-11
2 :00 PM
Rohling, Thomas
Morris County
10/1/2003
2/26/2002
N
      Reconsidered and reaffirmed previous determination approving reinstatement from disability retirement
(Motion by Trustee Connelly; Seconded by Trustee Beaver)
E-12
Anderson, Richard
Dept. of Corrections
2/1/2002

9/26/2000

8/9/2001

N

Y

N

N

Y

Y

  Denied Accidental Disability; Granted Ordinary Disability
(Motion by Trustee Beaver; Seconded by Trustee Fava)
E-13
De Bonis, Russel
Essex County
6/1/2005
6/30/2003
        Remanded to the Division for administrative processing. Applicant should not be in PFRS.
(Motion by Trustee Foti; Seconded by Trustee Boucher)
E-14
Ellerson, Mark
Jersey City Fire Dept.
3/1/2006
12/13/2000
Y
Y
Y
  Approved
(Motion by Trustee Levine; Seconded by Trustee Fava)
E-15
1 :15 PM
Fritz, William
Deptford Twp.
4/1/2006
8/16/2003
Y
Y
Y
  Approved
(Motion by Trustee Connelly; Seconded by Trustee Foti) (Vote: 9:1; Trustee Beaver: Nae)
E-16
Gaull, Timothy
Riverfront State Prison
11/1/2005
8/21/2003
Y
Y
N
  Denied Accidental Disability;
Granted Ordinary Disability
(Motion by Trustee Levine; Seconded by Trustee Connelly)
E-17
Glomb, Ronnie
City of Orange
4/1/2006
11/5/2004
Y
Y
T
  Tabled for additional info regarding incident; Granted Interim Ordinary Disability
(Motion by Trustee Sierchio; Seconded by Trustee Levine) (Vote: 9:1 Trustee Foti: Nae)
E-18
Supple, Kenneth
East Windsor Twp. 1/1/2006

3/7/2001

12/3/2004

Y

Y

Y

Y

Y

Y

  Approved
(Motion by Trustee Connelly; Seconded by Trustee Sierchio) (Vote: 7:3; Trustees Beaver, Mikutsky and Levine: Nae)
E-19
1 :45 PM
Wilson, Jeffrey
Little Egg Harbor Twp. 9/1/2005
4/27/2005
Y
N
T
  Tabled to send member for ortho. examination. Granted Interim Ordinary Disability
(Motion by Trustee Connelly; Seconded by Trustee Leake)
E-20
1 :30 PM
Kummer, Wayne
Deptford Twp. 2/1/2006 1/31/2003
Y
Y
Y
  Approved Accidental Disability from Ordinary Disability
(Motion by Trustee Connelly; Seconded by Trustee Foti) (Vote: 9:1; Trustee Beaver: Nae)
E-21
David, Brian
City of Orange 8/1/2005
1/12/2001
Y
Y
Y
  Approved
(Motion by Trustee Connelly; Seconded by Trustee Mikutsky)
E-22 Holland, Jerry
Penns Grove Borough
12/1/2005

8/6/2004

12/3/2004

Y

Y

Y

N

N

N

  Denied Accidental Disability;
Granted Ordinary Disability
(Motion by Trustee Connelly; Seconded by Trustee Levine)
E-23
Nicolaro, Fedele
City of East Orange 7/1/2005
7/16/1999
Y
Y
Y
Y
Approved Approved with re-exam in one year
(Motion by Trustee Connelly; Seconded by Trustee Levine)


OPEN SESSION


Retirement Issues

+F-1 Osterman, William - Elmer Boro. - Honorable Service - Separation and Release Agreement - Partial forfeiture of service and salary from May 1, 2003 to termination. (Motion by Trustee Sierchio; Seconded by Trustee Levine) (Vote: 9:1; Trustee Fava: Nae) (Retirement Bureau)
F-2
Chiarulli, Joseph - Waterford Twp. - Honorable Service - Resubmission (Service ret.) - No forfeiture of service or salary - all charges were dropped (Motion by Trustee Foti; Seconded by Trustee Connelly)(Vote: 6:3:1; Trustees Levine, Beaver and Mikutsky: Nae; Trustee Fava abstained) (Retirement Bureau)


OPEN SESSION


Hearing Decisions

G-1
Erney, Jr., William - Lawrence Twp. - Appellate Division Decisions - Court affirmed in part and reversed in part the following:
    a.Affirmed the Board's decision that Erney is not eligible for PFRS membership (employed in positions that are not PFRS eligible titles) and thereby is not eligible for PFRS retirement benefits. Erney is currently enrolled in PERS and that is the position in which he should have been enrolled instead of PFRS
b. Reversed the Board's decision that required Erney to refund the retirement benefits he collected from July 2001 through November 2001
c. Affirmed the Board's decision to allow Erney to receive a refund of his purchase of service or transfer the service credit to his PERS account and receive a refund for the difference between the PFRS and PERS rate of purchase
  Remand to PFRS Board to effectuate the terms of the opinion - Noted; Division will implement the terms of the decision (Vote: Unanimous) (Retirement Bureau)
+G-2
Ryan, David - Maple Shade Twp. - Initial Decision - Resubmission with DAG's Exceptions and Attorney's Reply to Exceptions - ALJ affirmed traumatic event and thereby reversed the Board's decision and granted Accidental Disability - Adopted with modification; noted Exceptions and Reply to Exceptions; Approved Accidental Disability effective 2/1/2005. (Motion by Trustee Sierchio; Seconded by Trustee Levine) (Retirement Bureau)
G-3
Pawlicki, Richard - Keansburg Boro. - Initial Decision - ALJ affirmed the Board's decision to deny Accidental Disability due to no traumatic event - Adopted (Motion by Trustee Beaver; Seconded by Trustee Foti)
G-4
Kleinatland, Stephen - Town of Kearny - Hearing Withdrawals - Noted
G-5
McNicholas, Stephen - Boro. Of Ramsey - Final Administrative Determinations - Approved (Motion by Trustee Connelly; Seconded by Trustee Foti)
G-6
Rivchin, Leonard - Town of Kearny - Findings of Fact, Conclusions of Law - Approved (Motion by Trustee Foti; Seconded by Trustee Connelly)
G-7
Markey, Charles - Boro. Of Island Heights - Findings of Fact, Conclusions of Law - Approved (Motion by Trustee Foti; Seconded by Trustee Connelly)
G-8
Withdrawn from agenda - Noted
G-9
Richardson, Martin - City of Newark - Hearing Withdrawals - Noted
G-10
Keenan, Dennis - City of Trenton - Request for a Stay - Approved with contingency that member remains employed. (Motion by Trustee Foti; Seconded by Trustee Connelly)
G-11
Collodel-Strauss, Donna - Sussex County - Initial Decision with DAG's Exceptions - ALJ affirmed traumatic event, reversed the Board's decision and granted Accidental Disability - Rejected based on prongs 1 and 3; noted Exceptions and Reply to Exceptions
(Motion by Trustee Beaver; Seconded by Trustee Connelly)
+G-12
Lake (deceased), Kathleen for Timothy - Middletown Twp. - Initial Decision with Exceptions and Reply to Exceptions - ALJ affirmed the Board's decision to deny a change in retirement benefit from Ordinary Disability to Accidental Death - Adopted; Noted Exceptions and Reply to Exceptions (Motion by Trustee Foti; Seconded by Trustee Levine)
G-13 Hemsey, Abraham - City of Trenton -
    a). Request for Stay in the implementation of the repayment schedule - Approved
(Motion by Trustee Fava; Seconded by Trustee Foti)
    b). Request to combine PFRS accounts - Denied
(Motion by Trustee Beaver; Seconded by Trustee Connelly)
G-14 Guadagno, Joseph - Albert C. Wagner Youth Corr. Facility - Appellate Division Decision - Court affirmed the Board's decision to deny Accidental Disability due to no traumatic event - Noted

Hearing Requests

  (H-1 through H-9 were approved for a hearing by unanimous vote)
H-1

Brown, Michael - Millville City - Request to re-open the case in the OAL - Approved

H-2
Muscarella, Conrad - Essex County - Appeals the Board's decision to deny Accidental Disability - Approved
H-3
Cooper, Toney - City of Plainfield - Appeals the Board's decision to deny Accidental Disability - Approved
H-4
Henderson, Joseph - Essex County - Appeals the Board's decision to deny Accidental Disability - Approved
H-5
Shogeke, Jacquie - Northern State Prison - Appeals the Board's decision to deny Accidental Disability - Approved
H-6
Gachko, Steven - Cranford Twp. - Appeals the Board's decision to reduce retirement benefits; holiday pay for contract period January 1, 2002 through October 3, 2004 is not creditable compensation and should not have been included in the calculation of retirement benefits.
H-7
Culligan, Kenneth - Pemberton Twp. -
    a) Reconsideration of Accidental Disability on the issue of traumatic event - Denied reconsideration
    b) Hearing Request - Appeals the Board's decision to deny Accidental Disability - Approved
H-8
Becker, Shane - Mountainview Youth Corr. Facility - Appeals the Board's decision to deny Accidental Disability - Approved
H-9
Bunalski, Jr., John - Twp. Of Irvington - Request to join in appeal to OAL - Approved

Active Membership Issues

+J-1

Pequannock Twp. PBA Local No. 172 - Creditable Salary - Resubmission

  Pequannock Township PBA Local 172 Rank and File
Contract Period 1/1/2002 through 12/31/05
    Article VI, Section E and G: Salaries - Tabled
Article VI, Section E continued: Salaries - Tabled
  Pequannock Township Local 172 Superior Officer's Association
Contract Period 1/1/2002 through 12/31/05
    Article VI, Section B and C: Salaries - Tabled
Article VI, Section C Continued: Salaries - Tabled
Article II Section D: Tour of Duty and Overtime - Denied; considered compensation in lieu of overtime - (Motion by Trustee Connelly; Seconded by Trustee Mikutsky)
  The above noted issues were tabled in order for the Board to hold a special meeting to address the creditable compensation issues.
+J-2 Town of Secaucus PBA Local No. 84 and PBA Local No. 84 SOA - Creditable Salary
  Secaucus PBA Local No. 84 Contract period 1/1/2000 through 12/31/2002
    Article 22, Section 22.1Clothing Allowance - Denied based on reference as a trade-in
(Motion by Trustee Connelly; Seconded by Trustee Mikutsky)
  Secaucus PBA Local No. 84 Superior Officers
Contract period 1/1/2000 through 12/31/2002
    Article 21, Section A - Denied based on reference as a trade-in
(Motion by Trustee Connelly; Seconded by Trustee Mikutsky)
J-3
Twp. Of Old Bridge PBA Local No. 127 - Creditable Salary - Resubmission
  Township of Old Bridge PBA Local No. 127
Contract Period 7/1/2004 through 6/30/2008
    Article VII, Section C (as modified per Section A): Planning and Administration, Traffic and Safety, Records, the I.D. Bureau and the Communications officer stipends - denied as they are listed as overtime items in the contract
(Motion by Trustee Connelly; Seconded by Trustee Fava)
Article VII Section D (as modified per Section A): Detective Bureau stipend - denied as it is
listed as overtime in the contract.
(Motion by Trustee Connelly; Seconded by Trustee Fava)
+J-4 Twp. Of Old Bridge FOP Lodge No. 22 (SOA) - Creditable Salary - Resubmission
  Township of Old Bridge FOP Lodge No. 22 Superior Officers
Contract period 7/1/2002 throught 6/30/2004
    Article VI Section E (as modified per Section B): Planning and Administration, Traffic and Safety, Records, the I.D. Bureau and the Communications officer stipends - denied as they are listed as overtime items in the contract
(Motion by Trustee Sierchio; Seconded by Trustee Connelly)
Article VI Section F (as modified by Section B): Detective Bureau stipend - denied as it islisted as overtime in the contract. (Motion by Trustee Sierchio; Seconded by Trustee Connelly)
Article XXV, Section D: Long Term Disability Insurance - denied as it is referenced as a trade-in
(Motion by Trustee Connelly; Seconded by Trustee Mikutsky)
+J-5 Twp. Of Old Bridge Captains Association - Creditable Salary - Resubmission
  Township of Old Bridge Captain's Contract
Contract Period 7/1/2004 through 6/30/2008
    Article XXI: Clothing Allowance - Denied as it is referenced as a trade in
(Motion by Trustee Connelly; Seconded by Trustee Mikutsky)
J-6
Twp. Of Edison IAFF Local No. 2883 - Creditable Salary -
    Township of Edison and IAFF Local 2883
Contract Period 1/1/2001 through 12/31/2004
Article XXVII Section 4: Hazardous Pay - Denied as roll-in
Article VIII Section 1: Clothing Allowance - denied due to its reference as a trade-in
Chief Inspector Title - Currently under review by the Division of Pensions and Benefits
(Motions by Trustee Mikutsky; Seconded by Trustee Beaver)
+J-7 Ocean County PBA Local No. 258 (Correction's Superior Officers) - Creditable Salary
  Ocean County PBA Local 258 (Correction'sSuperior Officers)
Contract Period 4/1/2002 through 3/31/2006
Article IV, Section B
: Clothing Allowance - denied due to its reference as a trade in
(Motion by Dennis Connelly; Seconded by Trustee Mikutsky; Trustee Foti abstained)

Informational Issues

L-1
Wire Transfers Non-Contributory Group Insurance Policy #14800 Benefits Claims - Noted
L-2
Santiago, Joseph - Newark City - Appellate Division Decision - Noted
L-3
State Investment Council/Division of Investment Accomplishments - Noted

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

A special meeting of the Board will be held on March 27, 2006.
The next meeting of the Board will be held on April 10, 2006.

 

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