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POLICE AND FIREMEN'S RETIREMENT SYSTEM
May 14, 2007
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 2007 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 15, 2006.

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’ website 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: 3:15 p.m.

Roll Call: Susanne Culliton (for Trustee Beaver); Dennis Connelly; Nicole Fava; Vince Foti; Sherryl Gordon (left at 12:30 p.m.); Mark Kandrac; Frank Leake; Richard Loccke (left at 2:15 p.m.); Rich Mikutsky (left at 3:00 p.m.); Tom Murphy; John Sierchio

Absent:  

Also Present: DAG Christine Lucarelli
   
Division Staff:

Wendy Jamison; Gail Griffin; Virginia Martucci; Marylou Mayoros; Mark Schwedes; Debbie Lane; Florence Sheppard; Mike Czyzyk; Fred Beaver (arrived 2:45 p.m.)

   
Members, Counsel, Employers, Consultants:
 

William Claxton, Esq.; Derrick Middleton; Steve Middleton; Richard Arose; John Collins; Timothy Smith, Esq.; Anthony Piccini; John Labroli; Domenica Labrioli; David Salvatore; Dalhia Salvatore; Brian Kowalchek; John Schmidig; Donna Schmidig; Richard Rovito; Debra Rovito; Steven Kossup, Esq.; Michael Trezza, Rosemarie Trezza; Edmund Mawhinney; Victor Francesco; Gregory McLaughlin; Maris Gabliks

Union Groups, etc.:
  Regina Herz; Steve Eckel, FOP


OPEN SESSION

Minutes

Minutes from the meeting of April 9, 2007 - Approved
(Vote: 8:0:3: Trustees Culliton; Kandrac and Gordon abstained)


OPEN SESSION

Finance

A-1
Common Pension Fund D as of February 28, 2007 - Approved
A-2
Common Pension Fund B Revised as of February 28, 2007 - Approved
A-3

Common Pension Fund A as of March 31, 2007 - Approved

A-4
Common Pension Fund B as of March 31, 2007 - Approved
A-5= Common Pension Fund D as of March 31, 2007 - Approved
A-6= Trial Balance as of March 31, 2007 - Approved


OPEN SESSION

Finance

C-1=
Active and Retired Death Lists for 4/25/07 - Approved
C-2=

Return to Employment - Approved

C-3=

Retirement List - Approved





CLOSED SESSION

Ordinary Disability   


.
Member Name,
Number
Employer
Effective Date
Board's Decision

D-1

Middleton, Derrick

City of New Brunswick
1/1/2006
a.

Honorable Service -
Partial forfeiture of two years service and salary from 11/1/03 – 10/31/05
  (Vote: 6:4:1: Trustees Loccke; Murphy; Foti; Fava: Nae: Trustee Leake abstained)
b. Ordinary Disability - Denied
eligible for  withdrawal only
          (Vote: 8:2:1 Trustee Mikutsky; Sierchio: Nae; Trustee Leake abstained)

D-2
Arose, Richard

Little Egg Harbor Township          
88/1/2006
Involuntary Ordinary Disability - Approved         

D-3
Kelly, Tyrone

Passaic County 12/1/2003 Resubmission - Approved
(Vote: 9:2: Trustees Foti and Leake: Nae)

D-4
Ford, Raymond

Atlantic County 5/1/2007 Denied Ordinary Disability;
offered Deferred

D-5
Collins, John
Montgomery Township  4/1/2007 Approved with re-exam in one year

D-6

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 May 1, 2007 and earlier.

Member's Name

Effective Date

P/F

Employer

Bergmeister, Robert

09/07

P

Northfield City 

Braig, Anthony R

06/07

F

Camden Co Bd. Of Ch Freeholders Member Has 22-4 Length Of Service With Gloucester Twp. Fire District #6.

Copeland, Renee

06/05

P

Newark City

Delia, John J

07/06

P

Department Of Correction

Mendez-Herman, Mercedes

06/07

P

Passaic County

Piserchio, Patrick A

01/06

F

Orange City 

Silva, Glorimar

02/07

F

Passaic City

Williams, Brian D

04/07

P

Department Of Correction

Total = 8

                (Vote: 10:0:1: Trustee Loccke abstained)


CLOSED SESSION

Accidental Disability


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

E-1

Kansky, Matthew

City of Englewood
6/1/2007
1/19/2002
N
N
Y
.
Denied AccidentalDisability; offer Service

E-2

Yannacone, Timothy

East Rutherford Borough
5/1/2007
2/22/2006
Y
Y
Y
.
Approved

E-3


Greene, Tanya

Newark Police
4/1/2007 
9/29/2002
Y
Y
Y
.
Approved

E-4
Shimokawa, Jorge


Essex County
7/1/2006
4/19/2004

Y
Y
N
..
Denied Accidental Disability;
granted Ordinary Disability
with one year re-exam

E-5
Nicolaro, Fedele


City of East Orange
7/1/2005
7/16/1999
Y
Y
Y
.
Re-affirmed approval;
continue Accidental Disability

E-6
Auchter, Kenneth

NJ Institute for Technology
12/1/2006
10/25/2005
Y
Y
Y
.
Approved

E-7
D'Aiuto-Garnier,

Jersey City
8/1/2007
3/25/2004
Y
Y
Y
.
Approved

E-8
Negri, Vincent

City of Newark
4/1/2007
9/5/2006
Y
N
N
.
Denied Accidental Disability;
granted Ordinary Disability

E-9
Brinson, Howard

City of Newark
4/1/2006 
6/28/2005
Y
Y
Y
..
a. Honorable Service -  no forfeiture
b. Accidental Disability - Approved

E-10
Labroli, John

City of Atlantic City
12/1/2006
7/8/2005
Y
Y
Y
.
Approved

E-11
McMullan, Christopher

Borough of Dumont
6/1/2007
1/16/2005 
Y
Y
Y
.
Approved

E-12
Martinez, Harry

Princeton Twp.
4/1/2007
1/23/2003
Y
Y
Y
.
Approved Involuntary Accidental Disability

E-13
Dietrich, Michael

 
Mt. Laurel Township
4/1/2007
10/7/2005

Y
Y
Y
.
Approved

E-14
Whitehead, Kenneth

City of New Brunswick
3/1/2007
5/28/2002
Y
T
N
.
Tabled for clarification from  IME on issue of direct result; granted interim Ordinary Disability

E-15
McGlone, Patrick


 Borough of Lindenwold
2/1/2007
1/7/2006
N
N
Y
.
Denied Accidental Disability;
offered Deferred

E-16
Corradino, Anthony
City of Paterson 4/1/2007
2/17/2004
Y
Y
Y
.
Approved

E-17
Salvatore, David
    
City of Trenton 3/1/2007
9/18/2000
3/10/2002
10/12/2005
T
T
T
T
T
T
T
T
T
T
Reconsidered and tabled Accidental Disability for referral to a new IME; continue interim Ordinary Disability.
(Vote: 9:0:2: Trustees Foti: Murphy recused)

E-18
Tatarek, Jr., Vincent
Dept. of Corrections 5/1/2007
3/9/2006
Y
Y
N
.
Denied Accidental Disability;
granted Ordinary Disability

E-19
Jackson, Carl
Woodbury City 3/1/2007
8/19/2005
Y
T
T
.
Resubmission - Approved request to collect interim Ordinary Disability

E-20
Moffa, Anthony
Atlantic County 3/1/2007
2/14/2003
Y
Y
N
.
Denied Accidental Disability;
granted Ordinary Disability

E-21
Concepcion, Angel
East Orange Police  Dept. 10/1/2006
3/28/2005
Y
Y
Y
.
Approved Involuntary Accidental Disability




OPEN SESSION

Retirement Issues

F-1+

Schmidig, John - Bergen County - Creditable Salary - Approved
(Vote: 8:2: Trustees Kandrac; Culliton: Nae) (Audit)

F-2

City of Atlantic City - Creditable Salary PBA Local #24 (Holiday Pay) - Postponed until the Board’s
meeting of June 11, 2007 per attorney’s request

F-3+
Rovito, Richard - Weehawken Township - Honorable Service - Resubmission - Tabled to obtain Dept. of Personnel records
(Vote: 8:0:2: Trustee Loccke recused; Trustee Foti abstained; Trustee Gordon not present during vote)
F-4+

Trezza, Michael - City of Orange - Honorable Service - Tabled for Dept. of Personnel records and to provide Mr. Trezza an opportunity to provide a copy of his resignation letter

F-5+

Mawhinney, Edmund - Atlantic City - Reconsideration to collect Special retirement benefits while waiting for the disposition of administrative charges - Reaffirm original decision; continue to hold in abeyance until all matters are adjudicated.

F-6

Ramos, John - Hudson County - Honorable Service - Withdrawn from Agenda pending receipt of Plea Hearing Transcript



OPEN SESSION

Hearing Decisions

G-1

Lucietto, George - Pompton Lakes Borough - Initial Decision - ALJ upheld the Board's decision to deny Accidental Disability due to no traumatic event - Adopted

G-2+

Strauss (Collodel), Donna - Sussex County - Appellate Division Decisions - Resubmission - The Court determined that the incident was a traumatic event and as a result, reversed the Board's decision to deny Accidental Disability - Approved Accidental Disability effective July 1, 2003 in accordance with the Appellate Division Decision.
(Retirement Bureau)

G-3

Petrozzino, Ronald - Essex County - Appellate Division Decisions - Court determined the incident was not a traumatic event and as a result, upheld the Board's decision to deny Accidental Disability - Noted

G-4

Gwinn, Scott - City of Plainfield - Initial Decision - ALJ upheld the Board's decision denying Accidental Disability due to no traumatic event - Adopted

G-5

Aponte, Daniel - Hudson County - Initial Decision - ALJ upheld the Board's decision in denying Accidental Disability due to no traumatic event - Adopted

G-6

Bueno, George - Jersey City - Initial Decision - ALJ upheld the Board's decision in denying Accidental Disability due to no traumatic event - Adopted

G-7

Varela, Jaime - City of Newark - Hearing Withdrawals - Noted

G-8 Benbrook, Daniel - Middletown Twp. Police Dept. - Initial Decision - Declined Interlocutory review; wait for second initial decision to vote on both direct result and traumatic event.
G-9

Atkins, James - Juvenile Justice Commission - Initial Decision - ALJ reversed the Board's decision and approved Accidental Disability retirement benefits effective April 1, 2005 - Adopted (Retirement Bureau)

G-10

Osborne, William - Irvington Township - Initial Decision - ALJ reversed the Board's decision and determined that the member could file for reinstatement to his former position - Adopted with modification; approved reinstatement.




OPEN SESSION

Hearing Requests

H-1

Zottman, Thomas - Albert C. Wagner Youth Correctional Facility - Appeals the Board's decision to deny Accidental Disability - Approved

H-2

Hornick, Timothy - Mount Laurel Township - Appeals the denial of Accidental Disability - Approved

H-3
Masters, Nicholas - Juvenile Justice Commission - Appeals the denial of Accidental Disability - Approved
H-4
Lazzaro, Antonio - Essex County - Appeals the denial of Accidental Disability - Reconsidered; Approved Accidental Disability effective February 1, 2007.
(Vote: 7:1 Trustee Culliton: Nae) (Retirement Bureau)
H-5

Quiros, Gabriel - City of Paterson - Appeals the denial of Accidental Disability - Denied reconsideration; Approved hearing request

H-6

Silva, Erik - City of Newark - Appeals the Board's decision to deny Accidental Disability - Approved

H-7

Loatman, Sharon (the Estate of) - Bayside State Prison - Appeals the Board's decision to deny Ordinary Disability retirement benefits - Approved



OPEN SESSION

Active Membership Issues

J-1+

McLaughlin, Gregory - DEPE Division of Parks & Forest - Transfer of Membership from PERS to PFRS - Denied



OPEN SESSION

Informational Issues

L-1

Legislation Chapter 49, P.L. 2007 - Noted

L-2
Appellate Division Decisions regarding Robert Mantone vs. TPAF - Noted
L-3

Appellate Division Decisions regarding Irene Newman vs. PERS - Noted

L-4

Appellate Division Decisions Nick Chomicki v. PERS Board of Trustees - Noted

L-5

Wire Transfers Non-contributory Group Insurance Policy #14800 Benefit Claims for March 2007 - Noted

L-6

State Investment Council Minutes for the meeting of March 15, 2007 - Noted

L-7 Newspaper Articles from Star-Ledger, "Attorney general is taking steps to protect jail officers" - Noted
L-8 PFRS Mortgage Statements/Memos for March 2007 - Noted

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

The next meeting of the Board will be held on June 11, 2007.

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Last Updated: May 15, 2007