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POLICE AND FIREMEN'S RETIREMENT SYSTEM
April 10, 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: 10:08 a.m.

Adjourned: 4:05 p.m.

Roll Call: Mark Kandrac; John Sierchio; Dennis Connelly; Vince Foti; Fred Beaver; Rich Mikutsky; Tom Murphy

Absent: Nicole Fava; Alan Levine; Joseph Boucher; Frank Leake

Also Present:
DAG Susanne Culliton
   
  Division Staff:
    Wendy Jamison; Gail Griffin; Janice Nelson; Sandy Horan; Jean Monahan; Mike Czyzyk; Ginny Martucci
     
  Members, Counsel, Employers:
    Donna Caprio; Nick Caprio; Nicholas Zubenko; Darren Degraw; Donna Degraw; Hugh McAlveay; Paul Kleinbaum, Esq.; Gabriel Quiros; Matthew Vance, Esq.; Patrick O'Connor; Linda O' Connor; William Claxton, Esq.; Steven Kossup, Esq.; Richard McMahon; Daniel Benbrook; Charles Williams; Patricia Williams; Chris Chiesa, Esq.
     
  Consultants, Union Groups, etc.:
    Regina Herz; George Borek, IAFF; Anthony Bacucci, PBA


OPEN SESSION


Minutes

Minutes from the meeting of March 6, 2006 - Approved
(Motion by Trustee Foti; Seconded by Trustee Connelly)

Minutes from the meeting of March 27, 2006 - Approved
(Motion by Trustee Foti; Seconded by Trustee Connelly)


OPEN SESSION


Finance

(The following items were all approved by Unanimous vote:

A-1
Common Pension Fund A as of January 31, 2006
A-2
Common Pension Fund B as of January 31, 2006
A-3
Trial Balance as of January 31, 2006
A-4
Common Pension Fund D as of January 31, 2006
A-5
Common Pension Fund D as of February 28, 2006
A-6
Common Pension Fund E as of February 28, 2006
A-7
Common Pension Fund A as of February 28, 2006
A-8
Common Pension Fund B as of February 28, 2006
A-9
Trial Balance as of February 28, 2006

Miscellaneous Issues

B-1

Request to members to use licensed clinical social workers to fulfill the requirement for personal physicians' report (on disability applications) - Reconsidered; the Board authorized the Division to draft new language to modify the current regulation N.J.A.C. 17:4-6.1(d) to require at least two of the following: (i) personal or treating physician reports(s) (required for filing the application); (ii) hospital records; (iii) in cases of mental health, the licensed clinical treating reports. (Motion by Trustee Foti; Seconded by Trustee Sierchio)



OPEN SESSION


Retirement and Death Lists

(The following items were approved by Unanimous vote)

C-1
Active and Retired Death Lists
C-2
Retirement List


CLOSED SESSION


Ordinary Disability


 
Member Name,
Number
Employer
Effective Date
Board's Decision

D-1
Luba, John
Irvington Twp.
11/1/2005
Approved; c. 428
(Motion by Trusee Beaver; Seconded by Trustee Mikutsky)
D-2
2 :00 PM
O'Connor, Patrick
County of Morris 12/1/2005 Tabled in order to obtain copies of Denville police reports
(Motion by Trustee Sierchio; Seconded by Trustee Murphy)
D-3
Vannatta, Debra
Clifton Twp.   Denied; not a member "in-service" at time of filing
(Motion by Trustee Mikutsky; Seconded by Trustee Beaver)
(THIS MATTER CONSIDERED IN OPEN SESSION)
 
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 April 1, 2006 and earlier.

Member's Name

Effective Date

P/F

Employer

Dooley, Wayne

09/05

P

Essex County

Farro, Raymond

08/05

P

Corrections-Adult Diag. & Treat

Gunn, Vincent L

06/06

P

Essex County

Rico-Lewis, Valarie

01/06

P

Mountainview Youth Corr. Fac.

Rodrigues, Rui Manuet

06/06

P

Newark City

Scheffler, Eric N

02/06

P

Burlington County/Payroll Dept

Toledo, Jose E **

04/06

P

Passaic County

Walton, Brian K

02/06

P

Passaic County

Wannamaker, Paul ***

02/06

P

East Jersey State Prison

Total = 9
** Chapter 428
***Qualifies for Chapter 428 pending receipt of letter from employer
(Motion by Trustee Foti; seconded by Trustee Connelly)
D-5
Butler, Lynette
William Paterson Univ. of NJ 11/1/2005 Tabled per attorney's requestuntil May 8, 2006
(Motion by Trustee Foti; Seconded by Trustee Murphy)
D-6
Fisher, Jerry
Irvington Twp. Approved reinstatement from Disability Retirement
(Motion by Trustee Foti; Seconded by Trustee Connelly)
D-7
Sobka, Walter
Newark Police 3/1/2002 Reconsidered; retiree cannot be reinstated due to his being over age 55; the law permits him to continue to receive Ordinary Disability benefits
(Motion by Trustee Beaver; Seconded by Trustee Mikutsky)


CLOSED SESSION


Accidental Disability


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

E-1
Jeminey, Robert
City of Camden
4/1/2006
2/4/2004
Y
Y
Y
  Reconsidered and approved Accidental Disability
(Motion by Trustee Sierchio; Seconded by Trustee Connelly)
E-2
Daye, Michael
Newark Police
2/1/2006
10/21/2002
Y
Y
Y
  Approved
(Motion by Trustee Mikutsky; Seconded by Trustee Connelly; Vote: 6:1: Trustee Foti: Nae)
E-3
Rathof, James
Mantua Twp.
5/1/2006
8/5/2004
Y
Y
Y
  Approved
(Motion by Trustee Foti; Seconded by Trustee Murphy)
E-4
1 :00 PM
Williams, Charles
Camden County Bd. Of Chosen Freeholders
9/1/2005
2/27/2005
Y
Y
Y
   Approved
(Motion by Trustee Connelly; Seconded by Trustee Foti)
E-5
Woodward, Gary
City of Clifton
1/1/2006
7/9/2000
Y
Y
Y
   Approved
(Motion by Foti; Seconded by Trustee Sierchio)
E-6
Glomb, Ronnie
City of Orange
4/1/2006
11/5/2004
Y
Y
N
  Tabled for information from Fire Chief and/or Fire Marshall clarifying what material fell on member;
(Motion by Trustee Connelly; Seconded by Trustee Mikutsky)
E-7
Thompson, Robert
City of Atlantic City
11/1/2005
9/19/2004
Y
T
T
Tabled for police arrest reports; granted interim Ordinary Disability
(Motion by Trustee Connelly; Seconded by Trustee Mikutsky)
E-8
Hernandez, Jacob
Newark Police Department
2/1/2006
1/28/2005
Y
N
N
Denied Accidental Disability; granted Ordinary Disability
(Motion by Trustee Connelly; Seconded by Trustee Sierchio)
E-9
Lukacs, William
Woodbridge Township
1/1/2006
6/26/2001
Y
Y
Y
   Approved
(Motion by Foti; Seconded by Trustee Sierchio)
E-10
1 :45 PM
Quiros, Gabriel
Paterson City   Approved as member in service; Approved to file for Accidental Disability
(Motion by Trustee Connelly; Seconded by Trustee Foti)
(THIS MATTER CONSIDERED IN OPEN SESSION)
E-11
Burnside, Matthew
City of Atlantic City
5/1/2004
7/27/2001
        Denied; Member not considered in-service at time of filing; removed for cause; therefore cannot file for deferred retirement; only eligible for withdrawal
(Motion by Trustee Kandrac; Seconded by Trustee Connelly)
E-12
1 :15 PM
Degraw, Darren
Manville Boro.
7/1/2005
2/23/1995
Y
Y
Y
Approved
(Motion by Trustee Connelly; Seconded by Trustee Sierchio)
E-13
2 :25 PM
Silvo, Mark
Newark Police
8/1/2006
8/7/2005
Y
Y
Y
    Approved
(Motion by Trustee Connelly; Seconded by Trustee Sierchio)
E-14
1 :30 PM
McAlveay, Hugh
Essex County 5/1/2005
7/26/2002
4/30/2003
10/30/2003
12/3/2003
4/6/2004
4/30/2004
11/30/2004

T
Y
Y
Y
Y
Y
Y

T
Y
Y
Y
Y
Y
Y
T
Y
Y
Y
Y
Y
Y
  Tabled for clarification from IME. Granted interim Ordinary Disability.
(Motion by Trustee Connelly; Seconded by Trustee Mikutsky)
E-15
Otterbine, Paul
City of Perth 5/1/2006
4/3/2004
Y
Y
Y
    Approved
(Motion by Trustee Sierchio ; Seconded by Trustee Mikutsky; Vote: 6:1: Trustee Beaver: Nae)
E-16
Rodriguez, Gines
Paterson Police Dept. 4/1/2006
6/2/2005
Y
Y
Y
     Approved
(Motion by Trustee Connelly; Seconded by Trustee Mikutsky)
E-17
Fish, Frank
Camden County Sheriff's Office Bd of Chosen Freeholders 4/1/2006
11/13/2000
T
T
T
T
Tabled for clarification from IME
(Motion by Trustee Beaver; Seconded by Trustee Connelly)
E-18
Benbrook, Daniel
Middletown Twp.
4/1/2006
7/12/2002
Y
N
N
  Denied Accidental Disability; granted Ordinary Disability
(Motion by Trustee Connelly; Seconded by Trustee Sierchio)
E-19
Marini, Joseph
Essex County
7/1/2005
4/6/2004
Y
Y
Y
  Reconsidered and approved Accidental Disability; withdraw from OAL
(Motion by Trustee Connelly; Seconded by Trustee Sierchio)
E-20
Williams, Carol
Newark Police
2/1/2006
*8/1/2003
Y
N
N
  Denied Accidental Disability; granted Ordinary Disability
(Motion by Trustee Connelly; Seconded by Trustee Mikutsky)
*(Cumulative incidents from 8/2003 thru 12/2004)
E-21
2 :45 PM
McMahon, Richard
County of Bergen 4/1/2006
1/29/2005
Y
Y
Y
    Approved
(Motion by Trustee Connelly; Seconded by Trustee Mikutsky)
E-22
2 :15 PM
Vallianos, Allysen
State Parole Board
7/1/2005
5/22/2001
Y
N
Y
  Denied Accidental Disability; granted Ordinary Disability
(Motion by Trustee Connelly; Seconded by Trustee Mikutsky)
(Psych)
N
N
Y
 
    (Ortho)
E-23
Cavanaugh, Brian
Hamilton Twp. 2/1/2006
3/6/2003
Y
Y
Y
    Approved
(Motion by Trustee Connelly; Seconded by Trustee Mikutsky)


OPEN SESSION


Retirement Issues

+F-1 Zubenko, Nicholas - Carteret Boro. - Creditable Salary - Denied; Settlement Agreement not considered creditable, member never performed the duties of the promotion.Settlement Agreement was not approved by the Division of Pensions and Benefits.
(Motion by Trustee Mikutsky; Seconded by Trustee Beaver)


OPEN SESSION


Hearing Decisions

G-1
Seider, Jeffrey - Franklin Twp. - Initial Decision - ALJ affirmed the Board's decision to deny Accidental Disability due to No Direct Result on a psychiatric basis. ALJ affirmed the Board's decision to grant Ordinary Disability due to a psychiatric disability and not an orthopedic disability. The issue of Traumatic Event was not heard - Adopted
(Motion by Trustee Foti; Seconded by Trustee Sierchio)
+G-2
Dutton, Lewis - South Woods Prison Dept. of Corrections - Initial Decision with Exceptions and Reply to Exceptions - ALJ affirmed the Board's decision to deny Accidental Disability due to No Traumatic Event - Adopted; noted exceptions and reply to exceptions.
(Motion by Trustee Foti; Seconded by Trustee Murphy)
G-3+
Strauss, Donna - Sussex County - Findings of Fact, Conclusions of Law - Approved (Motion by Trustee Connelly; Seconded by Trustee Mikutsky)
G-4
Ryan, David - Maple Shade Twp. - Findings of Fact, Conclusions of Law - Approved (Motion by Trustee Foti; Seconded by Trustee Mikutsky)
G-5
Simon, Peter - City of Perth Amboy - Initial Decision - ALJ reversed the Board's denial of Total and Permanent and Direct Result and granted Accidental Disability - Adopted
(Motion by Trustee Sierchio; Seconded by Trustee Connelly) (Retirement Bureau)
G-6
Vassallo, Richard - Jersey City Fire Dept. - Hearing Withdrawals - Noted
G-7
Final Administrative Determination - Approved
(Motion by Trustee Sierchio; Seconded by Trustee Murphy)


OPEN SESSION


Hearing Requests

H-1

Rando, Deborah - Atlantic City - Appellate Court reversed prong #2 of the Kane test & remanded to the Board for an OAL Hearing on prongs #1 and #3 to appeal the denial of Accidental Disability due to No Traumatic Event and No Direct Result - Remand back to OAL for fact finding on prongs 1 and 3.
(Motion by Trustee Foti; Seconded by Trustee Sierchio)

H-2
Parlapiano, John - Salem County - Appeals the Board's decision to deny Accidental Disability - Approved
(Motion by Trustee Foti; Seconded by Trustee Connelly)
H-3 Rocco, Noreen - Morris County - Appeals the Board's decision to deny Accidental Disability - Approved
(Motion by Trustee Mikutsky; Seconded by Trustee Foti)
H-4
Rapchak, Anita - Edna Mahan Correctional Facility for Women -
a. Reconsideration of AD on issue of TE - Reconsidered and reaffirmed previous decision denying issue of traumatic event for both incidents
(Motion by Trustee Beaver; Seconded by Trustee Connelly)
b. Hearing Request - Appeals the Board's decision to deny AD - Approved
(Motion by Trustee Beaver; Seconded by Trustee Connelly)
c. Request to change retirement date - Denied
(Motion by Trustee Beaver; Seconded by Trustee Foti)
H-5 Rivera, Daniel - City of Trenton - Appeals the Board's decision to deny Accidental Disability - Approved
(Motion by Trustee Beaver; Seconded by Trustee Foti)
H-6
Holland, Jerry - Penns Grove Boro. - Appeals the Board's decision to deny Accidental Disability - Approved; member can still provide new information; not what the Board has already seen.
(Motion by Trustee Connelly; Seconded by Trustee Mikutsky)
H-7 Russo, Craig - Northern State Prison - Appeals the Board's decision to deny Accidental Disability - Approved (Motion by Trustee Connelly; Seconded by Trustee Murphy)


OPEN SESSION


Active Membership Issues

J-1

York, Curtis - Chester Twp. - Creditable Salary - Denied; Second in Command Stipend was Considered to be temporary or acting duties and/or extra work or services and therefore, not creditable.
(Motion by Trustee Beaver; Seconded by Trustee Murphy)

J-2
Sorrentino, James - Federal Reserve Police Officer - Membership - Request to reduce age requirement for enrollment into PFRS - Reconsidered and denied request to reduce age for enrollment in PFRS; time after June 2002 may be eligible; however, it is not enough to qualify him to reduce his age to 35.
(Motion by Trustee Foti; Seconded by Trustee Connelly)
J-3+
Caprio, Donna - Monmouth County/Hall of Records - Purchase request - Denied request to Purchase service back to adjusted permanent hire date. Member did not work or earn a salary during that time. The adjusted hire date is for seniority purposes only by the Department of Personnel.
(Motion by Trustee Connelly; Seconded by Trustee Sierchio)


OPEN SESSION


Death Claim Issues

K-1
Carson, Shawn (deceased) - City of Jersey City - Accidental Death - Approved
(Motion by Trustee Sierchio; Seconded by Trustee Connelly)


OPEN SESSION


Informational Issues

L-1
Appellate Division Decisions regarding Christopher Dietz - Noted
L-2
Wire Transfers Non-Contributory Group Insurance Policy #14800 Benefit Claims for February 2006 - Noted
L-3
PFRS Mortgage Statements/Memos for January 2006 - Noted
L-4
Appellate Division Decisions regarding deceased TPAF members Barone, Fitzgerald,Ventura, Mendenko and MacReynolds - Noted
L-5
PFRS Mortgage Statements/Memos for February 2006 - Noted
L-6
Open Public Meeting Act (letter from/to Robert Fagella, Esq.) - Noted

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

The next meeting of the Board will be held on May 8, 2006.

 

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