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Pensions and Benefits
POLICE AND FIREMEN'S RETIREMENT SYSTEM
APRIL 13, 2015
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 2015 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on December 18, 2014.

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 (21K) Deferred - none
Special Adobe PDF (48K) Totals Adobe PDF (33K)


OPEN SESSION


Called to Order: 10:00 AM

Adjourned: 3:20 PM

Roll Call:

Marty Barrett; Keith Bennett; Laurel Brennan (left 1:35 p.m.); Tim Colacci (arrived
10:04 a.m); Susanne Culliton; Wayne Hall; Frank Leake; Brady Middlesworth;


Absent: Vince Foti; Richard Loccke

Also Present: DAG Robert Kelly; Wendy Jamison; Lisa Pointer; Sharon Palmer; Valerie McManus;
Luann Barnett; Mike Weik; Cheryl Chianese; Samantha Marcus, Star Ledger; Keith
Johnson; Cathlene Banker, Esq.; James Pomaco, Esq.; Trooper Fagan; Peter
Andreyev, NJSPBA; Stuart Alterman, Esq.; Albert Sutterlin; Denise Sutterlin; Vincent
Scoca, Esq.; Todd Mosby; Anthony Mazzagatti; D. William Subin, Esq.; Craig
Gumpel, Esq.; Jacqueline Felczak Vandergroef; Albert Wunsch, Esq.; Charles Stark;
Justin Murray; John Hund, FMBA; Emerson Ghee; Christopher Gray, Esq.; Sue Grant;
Kristin Bell; John Sloth; Mark Casey; Rory Chapin; John Anello, Esq.; Paul
Kleinbaum, Esq.; Dawn James-Clark; Steven Kossup, Esq.; Jamie Jiminez; Jorge
Porres; Mark Saunders; Timothy Quinlan, Esq.; Joseph Aulisi; John Anderson


OPEN SESSION

Minutes

Minutes from the meeting of March 9, 2015
Approved

Minutes from the meeting of March 9, 2015
Approved Executive Session


OPEN SESSION

Miscellaneous Issues

  None
   


OPEN SESSION

Retirement and Death Lists

C-1
Retirement List
Approved
   

CLOSED SESSION

Ordinary Disability

 

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE
DATE

DECISION

D-1 McKinney, Valerie

Gloucester City   Reinstatement from Disability
Retirement Approved
D-2 Chuss, Jeffrey
City of Bayonne 10/1/2014 Approved
D-3 (+) Anderson, John

City of Camden 4/1/2013 1) Honorable Service - Partial
forfeiture of service and salary from
March 1, 2012 until the end of
employment - (Vote 6-1; Trustee
Barrett nae)
2) Request to file for Ordinary
Disability retirement benefits -
Approved
D-4 Monthly OD Grid     Allen, Rhonda, DOC (eff. 2/1/15);
Bizink, William, Demarest Borough
(eff. 7/1/14);
Cimino,Thomas Mount Laurel Fire District #1 (eff.1/1/15);
Giddens, Dawn, Mercer County (eff. 2/1/15); Guido, Frank City of Trenton (Eff.7/1/14); Jackson, Arthur
Juv.Jus. Comm.(Eff.7/1/15);
(+) Myers, Jason, DOC (eff. 5/1/15);
Troise, Robert E Burlington
County/Payroll Dept.(Eff.5/1/15);
Vanmeter, Bruce, Washington Twp.
(eff. 7/1/14) Approved



CLOSED SESSION

Accidental Disability

    

MEMBER'S NAME
AND NO.

EMPLOYER
EFFECTIVE
DATE
ACCIDENT
DATE

DECISION

E-1

(+) Chapin, Rory
Hackensack City 7/1/2014 1/2/2014 Denied Accidental Granted Ordinary
w/18 month re-examination

E-2

McDowell, Ella
South Woods Prison 3/1/2014 1/4/2013 Denied Accidental Granted Ordinary

E-3

Mendez, Edberto
City of Camden 4/1/2015 10/26/2010 Approved

E-4

(+) Jimenez, Jaime
Willingboro Twp. 12/1/2014 1/29/2013 Approved w/18 month reexamination

E-5

(+) Martinez, Olga
City of Newark 5/1/2015 6/11/2009
12/18/2013
Denied Accidental, Offer Deferred

E-6

(+) Porres, Jorge
Union City 2/1/2015 2/4/2014 Approved

E-7

Straub, Eric
Monroe Twp. 8/1/2014 7/14/2012 Rejected Settlement Agreement and
tabled application for Accidental
Disability for possible future
honorable service review

E-8

(+) Araujo, Mario

Essex County 10/1/2014 1/12/2012 Request to file for Accidental
Disability retirement benefits -
Denied

E-9

(+) Saunders, Mark

City of Camden
(former) now Camden
County
7/1/2013 11/12/2011 Request to file for Accidental
Disability retirement benefits Tabled
for additional information from
member

E-10

(+) Blackston, Keith
Woodbridge Twp. 2/1/2015 3/7/2014 Approved

E-11

Spencer, William
Lopatcong Twp. 9/1/2014 5/28/2012 Tabled for further investigation

E-12

(+) Miterko, David
Corrections - Adult
Diag. & Treat.
5/1/2015 1/29/2014 Tabled for further investigation

E-13

Bowser, Kristy
Mercer County 12/1/2014 3/22/2011
12/16/2013
Denied Accidental Granted Ordinary

E-14

(+) Aulisi, Joseph
Ocean County 7/1/2015 9/18/2013 Denied Accidental Granted Ordinary
(Vote: 6-1; Trustee Colacci nae)

E-15

(+) James-Clark, Dawn
Irvington Twp 5/1/2015 3/15/2014 Approved

E-16

Williams-Gantt, Mary Ann
JJC 2/1/2015 10/19/2013 Approved



OPEN SESSION

Retirement Issues

F-1+ Johnson, Keith - Rutgers University - 1) Honorable Service;
2) Special retirement effective March 1, 2015
Tabled for additional information from the employer
F-2+ Fertitta, Michael - Passaic County - Honorable Service
Total Forfeiture (Vote: 5-3; Trustees Brennan, Leake; Middlesworth nae)(Retirement
Bureau)
F-3+ Ricks, Richard - Mercer County - 1) Honorable Service
2) Service retirement effective December 1, 2014
Tabled per attorney's request
F-4 Zackery, Lorenzo - Essex County - Request to Change Retirement
Type from Special to Accidental Disability
Denied
F-5+ Sutterlin, Albert - Bloomfield Twp. - Whether to suspend monthly
retirement benefits pending final adjudication of charges
Continue benefit and schedule honorable service review at June 8, 2015 Board meeting.
F-6+ Mosby, Todd - Garfield City - Eligibility for Deferred retirement
Tabled for additional information regarding appeal
F-7 Esdaile, Darnell - Freehold Borough - Appeals the distribution of
pension contributions to ex-spouse
The Board authorized the Division to a 50/50 distribution of contributions. Allow the parties
60 days to provide revised QDRO.
   

OPEN SESSION

Hearing Decisions

G-1 Roque, Fernando - Southern State Correctional Facility - Hearing
Withdrawals
Noted
G-2 Wilson, Joseph - City of Orange - Initial Decision ALJ upheld the
Board's decision denying Accidental Disability retirement benefits. However, the ALJ found
Ordinary Disability benefits should be reinstated.
Adopted ALJ's decision (Retirement Bureau)
G-3 Alicea, Damian - City of Camden - Initial Decision ALJ reversed the
Board's decision and granted Accidental Disability retirement benefits effective September
1, 2011
Adopted ALJ's findings of fact and ultimate decision granting Accidental Disability. Rejected
references to Dr. Acosta's medical findings and rejected legal analysis under Patterson and
separate analysis of the reasonable person standard. (Retirement Bureau)
G-4 Carkhuff, James - Chester Twp. - Initial Decision ALJ upheld the
Board's decision denying Accidental Disability retirement benefits
Adopted ALJ's decision
G-5 Montalvo, Yessenia - City of Newark - Appellate Division Decisions
The Court upheld the Board's determination denying Accidental Disability retirement
benefits
Noted
G-6 Hernandez, Kim - City of Newark - Initial Decision The ALJ reversed the Board's
decision and granted Accidental Disability retirement benefits effective July 1, 2012
Adopted ALJ's decision (Retirement Bureau)
G-7+ Mazzagatti, Anthony - Winslow Twp. - Initial Decision The ALJ reversed the Board's decision and granted reinstatement of Accidental Disability retirement benefits
Adopted ALJ's decision retroactive reinstating accidental disability benefits. Rejected ALJ's legal reasoning and rejected reimbursement of attorney fees and interest based upon no statutory or regulatory authority (Retirement Bureau)
G-8 Chapman, Carmen - Lawnside Borough - Initial Decision ALJ upheld the Board's
decision denying the filing of Accidental Disability (not a member-in-service)
Adopted ALJ's decision
G-9 Venables, John - City of Camden (former) now Camden County -
Hearing Withdrawals
Noted
G-10 Liobe, Paul - Sussex County - Final Administrative Determinations
Approved
G-11 Abdul-Haqq, Ibrahim - City of Newark - Final Administrative
Determinations
Approved
   

OPEN SESSION

Hearing Requests

H-1 Dullaghan, Brendan - Belleville Twp. - Appeals the denial of Accidental Disability
retirement benefits
Approved OAL Hearing
H-2 Rego, Joseph - Ewing Twp. - Appeals the denial of Accidental Disability
retirement benefits
Approved OAL Hearing
H-3+ Stark, Charles - Palisades Park Borough - Appeals partial forfeiture of PFRS
service and salary
Reconsidered and reaffirmed previous denial of honorable service and approved OAL
Hearing. (Vote: 7-2-1; Trustee Bennett; Barrett nae; Trustee Hall abstained)
H-4+ Chin, Christopher - Cape May County - Appeals the forfeiture of his entire PFRS
service and salary credit
Approved OAL Hearing
H-5 Kirk, Matthew - Riverton Borough - Appeals the denial of Accidental
Disability retirement benefits
Approved OAL Hearing. Allow member 30 days to amend application to Service retirement.
H-6 Martin, Larry - Jersey City - Appeals the partial forfeiture of PFRS
service and salary
Denied reconsideration and approved OAL Hearing.
H-7+ Vandergroef, Scott - City of Clifton - Appeals partial forfeiture of PFRS service
and salary
Reconsidered and reaffirmed previous denial of honorable service and approved OAL
Hearing. (Vote: 7-1; Trustee Barrett nae)
H-8 Mason, Aundrea - DOC - Appeals the denial of Accidental Disability retirement
benefits
Approved OAL Hearing
H-9 Griffin, Thomas - Middlesex Borough - Appeals the denial of
Accidental Disability retirement benefits
Approved OAL Hearing
   


OPEN SESSION

Active Membership Issues

J-1+
Murray, Justin - Nutley Twp. - Request to transfer PERS service to the PFRS account
Approved (Enrollment Bureau)
J-2+ Ghee, Emerson - Rutgers University - Request for PFRS membership
Denied
J-3 Kimble, Michael - Parsippany Troy Hills Twp. - Purchase Request to Purchase service
Denied
 


OPEN SESSION

Death Claim Issues

K-1 Arocha, Reinaldo - City of Newark - Accidental Death
Approved (Vote 7-1; Trustee Culliton nae) (Retirement & Claims Bureaus)
   


OPEN SESSION

Informational Issues

L-1 Debra Richey v. PERS Board of Trustees (Appellate Division decision)
Noted
L-2 Common Pension Fund D as of January 31, 2015
Noted
L-3 Common Pension Fund E as of January 31, 2015
Noted
L-4 Trial Balance as of January 31, 2015
Noted
L-5 State Investment Council Agenda for November 19, 2014
Noted
L-6 Annual Meeting - State Investement Council from January 29, 2015
Noted
L-7 State Investment Council - Trends in Institutional Investing
Noted
L-8 PFRS Mortgage Statements/Memos as of January 31, 2015
Noted
L-9 Common Pension Fund D as of February 28, 2015
Noted
L-10 Trial Balance as of February 28, 2015
Noted
L-11 Common Pension Fund E as of February 28, 2015
Noted
   

OPEN SESSION

Reports

M-1 Outside Legal Counsel Invoice for March 2015
Approved (Trustee Culliton, DAG Kelly recused)
M-2

A motion was passed to request a forensic audit of the fees charged to the pension funds related to the investment of funds for fiscal years 2012, 2013 and 2014. – Approved (Trustee Culliton abstained)

M-3

A motion was made for independent actuaries to provide the Boards with an actuarial study of the impact if the pension plan is frozen at its current level and all employee contributions in the future are diverted to a different fund – Tabled (Trustee Culliton abstained)

   

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

The next meeting of the Board will be held on April 22, 2015.

 

 
 
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