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POLICE AND FIREMEN'S RETIREMENT SYSTEM
MARCH 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 - none Special Totals


OPEN SESSION

Called to Order: 10:05 a.m.

Adjourned: 2:20 p.m.

Roll Call:

Marty Barrett; Fred Beaver; Laurel Brennan; Vince Foti; Sherryl Gordon (arrived 10:10); Wayne Hall; Mark Kandrac; Frank Leake; Richard Loccke; Rich Mikutsky; John Sierchio


Absent:

Also Present: DAG Kellie Pushko
 
Division Staff: Wendy Jamison; Lisa Pointer; Marylou Mayoros; Virginia Martucci; Susanne Culliton
 
Members, Counsel, Employers, Consultants:
 

Stephen Peterson; Mrs. Peterson; David Ramos; Matthew McDowell, Esq.; Francis Sporer; Michael Womer; Marcy M. McMann, Esq.; Diane Womer; Wayne Masiello; Thomas Cammarata, Esq.; John Ward; Andrew Rizzo; Cathy Masiello

 

Union Groups, etc:

  George Borek, IAFF; Steve Eckel, FOP; Keith Dunn, PBA; Anthony Weiners, PBA


OPEN SESSION

Minutes

Minutes from the meeting of February 9, 2009 - Approved


OPEN SESSION

Miscellaneous Issues 

B-1

Chapter 204 PFRS Title Review - Conservation Officer Recruit, Dept. of Environmental Protection - Approved (Trustee Beaver recused)


Retirement and Death Lists

C-1

Active and Retired Death List - Approved

C-2 Retirement List - Approved


CLOSED SESSION

Ordinary Disability   

.

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE DATE

DECISION

D-1

Berman, Mark

Springfield Twp.

12/1/2006

Approved Ordinary Disability

D-2

Ricciardi, Raymond

Maplewood Twp.

9/1/2006

Denied Ordinary Disability; withdrawal only

D-3

Monthly OD Grid

.

.

Approved (See below)

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 March 1, 2009 and earlier.

Member's Name
Effective Date
P/F
Employer

Desanto, Frank Jr

09/08

P

Barnegat Township

Dowd, Jadonna R

03/09

P

East Jersey State Prison

Durrant, Philip A

01/09

P

Brigantine City

Gautreau, Sandra J

02/09

P

Corrections-Adult Diag. & Treat

Sloan, Christopher J

09/08

P

Union County

Taylor, John E

11/08

P

Juv. Jus. Comm./Medium Sec. Fac

Treanor, Niurka E

07/08

P

Union City

Valentin, Joseph

02/09

P

Mountainview Youth Corr. Fac.

Total = 9


CLOSED SESSION

Accidental Disability

.

MEMBERS NAME AND NO.

EMPLOYER

EFFECTIVE DATE

ACCIDENT
DATE

Decision

E-1+

Peterson, Stephen

Long Branch City

9/1/2007

12/31/2003

Tabled for Fire Service Casualty Report and new IME.  Granted interim Ordinary Disability

E-2

Ayoub, Sahail

Passaic County

9/1/2008

8/30/2007

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

E-3

Weiman, Ronald

Mount Holly Twp.

9/1/2008

5/13/2007

Denied Accidental Disability, granted Ordinary Disability

E-4

Morgan, Diane

City of Camden

9/1/2008

9/3/2005

Approved Accidental Disability (Vote: 10-1)
(Trustee Barrett nae)

E-5

Hernandez, Guillermon

City of Clifton

11/1/2008

12/5/2007

Approved Accidental Disability

E-6

Gruber, Michael

Boro of Roselle Park

11/1/2008

5/16/2005
4/21/2008
9/20/2008

Denied Accidental Disability, granted Ordinary Disability

E-7+

Quintal, Guy

Maplewood Twp.

2/1/2008

7/26/2005

A. Honorable Service - forfeit last 9 years of service and salary
B. Denied Accidental Disability, offer Deferred

E-8

Ramos, David

Newark City

9/1/2006

6/11/2005

Approved reinstatement from disability.  Case remains in the OAL with additional issue of TP added to OAL docket

E-9

Scheicher, Eugene

Boro of Spotswood

3/1/2009

9/19/2007

Tabled for clarification from MRB (Trustee Locke recused)

E-10

Warner, Stephen

Passaic County

1/1/2009

11/20/2006

Denied Accidental Disability, granted Ordinary Disability (Trustee Foti abstained) (Trustee Loccke recused)

E-11

Bauer, Robert

Boro of Moonachie

12/1/2008

10/10/2007

Approved Accidental Disability (Trustee Loccke recused)

E-12

Crayton-Johns, Candice

Burlington County

11/1/2007

7/8/2006

Tabled for clarification from IME (Trustee Loccke recused)

E-13

Walker, Joseph
3-84615

City of Long Branch

4/1/2009

7/30/2005

Approved Accidental Disability

E-14+

Sporer, Francis

Middlesex County

11/1/2008

9/6/2007

Denied Accidental Disability, offer Deferred

E-15

Money, Marlo

City of Camden

7/1/2008

12/28/2006

Approved Accidental Disability

E-16

Spitale, Joseph

City of Long Branch

3/1/2002

8/19/1997
5/27/1999

Approve reinstatement from disability

E-17

Vautier, Daniel

City of Camden

2/1/2009

12/22/2006

Approved Accidental Disability



OPEN SESSION

Retirement Issues

F-1+

Womer, Michael - Morris Plains Borough - A.) Honorable Service - Partial forfeiture of salary only from the date of the misconduct in August 2005 through the end of employment in September 2008 (Trustees Loccke, Mikutsky recused)
B.) Service Retirement - Approved effective October 1, 2008 (Trustees Loccke, Mikutsky recused)
(Retirement Bureau)

F-2

 DeAngelis, John - Egg Harbor Township - Honorable Service - Tabled per attorney request  due to a scheduling conflict.

F-3+

Masiello, Wayne - Springfield Township - Honorable Service - Tabled for additional information from prosecutor’s office.  Mr. Masiello will continue collecting Special retirement benefits. (Trustee Mikutsky recused)

F-4+

Ward, John - Paramus Borough - A.) Honorable Service - No Forfeiture
B.)  Approved Special Retirement effective February 1, 2008 (Trustee Loccke recused)



OPEN SESSION

Hearing Decisions

G-1

Feltri, Sean - Hearing Withdrawals - Noted

G-2

Seider, Jeffrey - Franklin Township (Somerset) - Initial Decision - ALJ upheld the Board's decision in denying Accidental Disability retirement benefits. The Board voted to modify the ALJ’s decision to reject the conclusions that the disability is caused by a circumstance external to the member. The Board adopted the recommendation of the Administrative Law Judge denying Mr. Seider’s application for Accidental Disability retirement benefits.

G-3

Devincenzo, Anthony - Essex County - Initial Decision - ALJ reversed the Board's decision and granted Accidental Disability retirement benefits - The Board voted to postpone action on this matter in order for DAG Cyriac to file exceptions and give Mr. Crivelli the mandatory 5-days to reply to exceptions. (Trustee Loccke abstained)

G-4

Kelsey, Aaron - City of Trenton - Initial Decision -  ALJ reversed the Board's decision and granted Accidental Disability retirement benefits - The Board voted to postpone action on this matter in order for DAG Cyriac to file exceptions and give Mr. Gaylord the mandatory 5-days to reply to exceptions. (Trustee Beaver recused)

G-5

Russo, Gregory - Montclair Township - Findings of Fact, Conclusions of Law - The Board voted to reject the Initial Decision of the ALJ. In the Initial Decision, the ALJ improperly awarded Accidental Disability to Gregory Russo. The Board adopts the findings of fact of the ALJ but rejects his conclusions of law, and finds that Mr. Russo did not satisfy the reasonable person standard and is not entitled to Accidental Disability retirement benefits.

G-6

Lopez, Leopoldo - Riverfront State Prison - Initial Decision ALJ reversed the Board's decision and granted Accidental Disability retirement benefits. - The Board voted to adopt the ALJ’s Initial Decision granting Mr. Lopez’s application for Accidental Disability retirement benefits effective August 1, 2006. (Vote: 10-1) (Trustee Loccke nae) (Retirement Bureau)

G-7

Parrish, Clarence - Dept. of Corrections Vroom-Jones Farm - Hearing Withdrawals - Noted



OPEN SESSION

Hearing Requests

H-1

Chubbuck, Chester - Juv. Justice Commission /Medium Sec. Fac.F - Appeals denial of Accidental Disability retirement benefits - Approved



OPEN SESSION

Active Membership Issues

J-1

Fletcher, Charles - Dept. of Environmental Protection - Request to waive Back Deductions and /or interest - The Board determined that Mr. Fletcher is required to contribute the appropriate pension contributions to the PFRS as a member of the Retirement System. The Board voted to waive the interest pending Division Director’s review regarding the Board’s authority to waive such interest. (Vote: 8-3) (Trustees Brennan, Beaver, Loccke nae) (Director’s Office) (Adjustment Section)


Death Claim Issues

K-1

None



OPEN SESSION

Informational Issues

L-1

Trial Balance for August 31, 2008 - Noted

L-2
Trial Balance as of September 30, 2008 - Noted
L-3

Letter to Governor Corzine on pension deferral - Noted

L-4

Request for AG's Opinion Proposed IRS Regulation Changes Normal Retirement Age - Noted

L-5
Common Pension Fund B as of April 30, 2008 Revised - Noted
L-6
Common Pension Fund B as of May 31, 2008 Revised - Noted
L-7
Common Pension Fund B as of June 30, 2008 Revised - Noted
L-8

Common Pension Fund B as of November 30, 2008 - Noted

L-9

Wire Transfers Non-Contributory Group Insurance Policy #14800 Benefit Claims for the month of January 2009 - Noted

L-10

PFRS Mortgage Statements/Memos for January 2009 - Noted

L-11 State Investment Council Minutes for meeting of Thursday, December 18, 2008 - Noted
L-12

State Investment Council Minutes for meeting of Thursday January 15, 2009 - Noted

New Business

  • Creditable Compensation Regulation - Proposed changes to be recommended by the Board at its meeting of April 13, 2009. (Trustee Beaver abstained)
  •  Change of Board meeting from May 11, 2009 to May 4, 2009.

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

The next meeting of the Board will be held on April 13, 2009.

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Last Updated: March 10, 2009