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POLICE AND FIREMEN'S RETIREMENT SYSTEM
May 12 , 2008
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 2008 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 28, 2007.

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 Special Totals


OPEN SESSION


Called to Order: 9:35 a.m.

Adjourned: 2:00 p.m.

Roll Call:

John Sierchio; Rich Mikutsky; Vince Foti; Frank Leake; Wayne Hall; Fred Beaver; Richard Loccke; Tom Murphy


Absent:  Mark Kandrac; Sherryl Gordon

Also Present: DAG Kellie Pushko; DAG Eileen DenBleyker
   
Division Staff:

Wendy Jamison; Gail Griffin; Lisa Pointer; Virginia Martucci; Sharon Palmer; Florence Sheppard

   
Members, Counsel, Employers, Consultants:
  Anthony Troiano; Roberto Velez; Jose Velez; Steven Kossup, Esq.; Joseph Sette; Alicia Sette; William Claxton, Esq.; Vincent DelleChiaie; Vicki Beyer, Esq.; Jeffrey Seider; Debbie Seider; Matthew Seider; Jacob Seider; Samuel Halpern, Esq.; Joseph Gachetti; John Feeley, Esq.; Luis Cepeda; Frank Snyder; Alexander Martinez; Robert Gleisberg;  D. William Subin
   
Union Groups, etc.:
  George Borek, IAFF; Steve Eckel, FOP


OPEN SESSION

Minutes

Minutes from the meeting of April 14, 2008 - Approved (Trustee Beaver abstained)


OPEN SESSION

Finance

A-1

Trial Balance as of January 31, 2008 - Approved

A-2 Common Pension Fund D as of December 31, 2007 - Approved
A-3 Trial Balance as of February 28, 2008 - Approved
A-4 Common Pension Fund E as of November 30, 2007 - Approved


OPEN SESSION

Miscellaneous Issues 

B-1

Guide for Accidental Disability Motions - Noted

  (A motion to adopt Resolution B was made by Trustee Beaver and seconded by Trustee Mikutsky.  A subsequent motion to return to Open Session was made by Trustee Mikutsky and seconded by Trustee Foti)
B-2 Administrative Code for Publication Creditable Compensation Regulation (NJAC 17:4-4.1) - Tabled for formal Opinion from the Attorney General’s Office (vote: 5-3: Trustees Foti, Hall, Loccke; nae)
B-3 Mid-Election Report for Firefighter position - Accepted


OPEN SESSION

Retirement and Death Lists

C-1

 Active and Retired Death Lists - Approved

C-2
Retirement List - Approved


CLOSED SESSION

Ordinary Disability

Item
No.
Member Name, No.
 Employer
Effective
Date
Board’s Decision

D-1

Hannigan, Thomas

Borough of Glen Ridge

2/1/2008

Involuntary Ordinary Disability Denied; Offer Service
(Trustee Loccke recused)

D-2

Brodie, Joseph

South Woods State Prison

10/1/2007

Involuntary; c. 428 - Approved

D-3

Monthly OD Grid

 .

 .

(See Grid Below)

D-4 +

Troiano, Anthony

Hillside Township

1/1/2007

(A motion to adopt Resolution B was made by Trustee Beaver and seconded by Trustee Mikutsky.  A subsequent motion to return to Open Session was made by Trustee Foti and seconded by Trustee Mikutsky.
Tabled for member “in-service” issue                                                                 
(Trustee Loccke recused)


D-3 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, 2008 and earlier.


Member's Name

Effective Date

P/F

Employer

Ackerman, Joseph Alan Jr

02/08

F

HackensackCity                                

Costello, John

04/08

F

Bayonne City

Green, Ronald J

04/08

P

East Jersey State Prison

Halloran, Michael J Jr

02/08

P

Union County

Johnson, Lavita E

05/08

P

Newark City 

Kenney, Francis I

12/07

P

Middlesex County

Marcinczyk, Steven V

02/08

P

Middlesex County

Muhammad, Ibrahim

03/08

P

Essex County

Phillips, Michael J

05/08

P

Southern State Crrtnl Facility

Pitt, Louis Anthony

09/07

P

Mountainview Youth Corr. Fac.

Total = 10

CLOSED SESSION

Accidental Disability

Item
No.

MEMBER'S NAME NO.

EMPLOYER

EFFECTIVE DATE

ACCIDENT
DATE

BOARD’S DECISION

E-1 +

Velez, Roberto

Newark Police Department

2/1/2005

12/10/2004

a) Honorable Service - Partial Forfeiture of final year service and salary
b) Accidental Disability - Approved Accidental Disability  

E-2 +

DelleChiaie, Vincent

Passaic County

2/1/2008

4/25/2007

Reconsidered and approved Accidental Disability
(Trustees Loccke and Foti  recused)

E-3 +

Cepeda, Luis

Northern State Prison

6/1/2007

3/2/2007

Denied Accidental Disability, granted Ordinary Disability effective

E-4 +

Sette, Joseph

South Orange Village

3/1/2008

6/29/2005

(A motion to adopt Resolution B was made by Trustee Beaver and seconded by Trustee Mikutsky.  A subsequent motion to return to Closed Session was made by Trustee Beaver and seconded by Trustee Mikutsky)
Approved Accidental Disability

E-5

Ranton, Leroy

Boro. of Paulsboro

7/1/2007

4/30/2006

Tabled for clarification from employer regarding usage of shotguns.

E-6

Goodman, Pamela

Dept. of Corrections

12/1/2007

10/11/2005

Tabled for clarification from IME.

E-7

Zielinski, Mark

NJ Transit

7/1/2007

10/4/2005

Approved Accidental Disability (Trustee Loccke recused)

E-8

Riley, John

Red Bank Borough

5/1/2008

8/3/2007

Approved Accidental Disability

E-9

Salarno, Vincent

NJ State Parole Board

10/1/2007

1/24/2006

Denied Accidental Disability, granted Ordinary Disability

E-10

Santiago, Mark

Newark City

3/1/2008

9/25/2006

Denied Accidental Disability, granted Chapter 428 Ordinary Disability

E-11

Gross, Blanche

South Woods Prison

9/1/2007

6/11/2006

Approved Accidental Disability effective

E-12

Valenzuela, Diomedes

Township of Irvington

10/1/2006

11/27/2001

Reconsidered and reaffirmed previous decision denying Accidental Disability, continue collecting Ordinary Disability

E-13 +

Guadagno, Joseph

Albert C. Wagner Youth
Corr. Facility

8/1/2003

10/28/2002

(A motion to adopt Resolution B made by Trustee Beaver and seconded by Trustee Mikutsky.  A subsequent motion to return to Closed Session made by Trustee Mikutsky and seconded by Trustee Foti)
Tabled for additional information

Item
No.

MEMBERS NAME NO.

EMPLOYER

EFFECTIVE DATE

ACCIDENT
DATE

BOARD’S DECISION

E-14

Caminiti, Frank

Essex County

1/1/2004

1/20/2000

Reconsidered and denied Accidental Disability, continue Ordinary Disability
(Trustee Loccke recused)

E-15 +

Corbacho, Juan

Newark City

5/1/2003

9/1/2000

Reconsidered and denied Accidental Disability, continue collecting Ordinary Disability   

E-16

Miller, Stephen

Essex County

7/1/2002

7/7/2000

Reconsidered and denied Accidental Disability, continue collecting Ordinary Disability  (Trustee Loccke recused)

E-17 +

Seider, Jeffrey

Franklin Township

6/1/2003

11/9/1998

Reconsidered and denied Accidental Disability, continue collecting Ordinary Disability

E-18

Delvalle, Mariano

Lakewood Township

4/1/2006

3/24/2002

Reconsidered and denied Accidental Disability, continue Ordinary Disability
(Trustee Loccke recused)

E-19

Hargrove, Samuel

Burlington County

6/1/2006

11/30/2005

Reconsidered and denied Accidental Disability, continue Ordinary Disability

E-20

Evans, James

Bridgeton City

4/1/2008

2/23/2003

Reconsidered and denied Accidental Disability, continue Ordinary Disability. 
(Vote: 4:3: Trustees Sierchio; Hall and Leake: Nae)

E-21

Hodavance, John

Hillside Township

12/1/2007

3/24/2001

Denied Accidental Disability, continue Ordinary Disability

E-22

Hornung, Francis

Union County

7/1/2007

11/14/2006

Reconsidered and denied Accidental Disability, continue Ordinary Disability

E-23

Naylor, David

Livingston Township

7/1/2007

2/13/2007

Reconsidered and denied Accidental Disability, continue Ordinary Disability

E-24

Madama, Joshua

Allentown Borough

2/1/2007

3/31/2004

Reconsidered and denied Accidental Disability, continue Ordinary Disability

E-25 +

Rodrigues, Rui

City of Newark

6/1/2006

12/26/1999
7/6/2000

Reconsidered and denied Accidental Disability, continue Ordinary Disability

E-26 +

Snyder, Frank

Essex County

1/1/2007

9/7/2006

(A motion to adopt Resolution B was  made by Trustee Leake and seconded by Trustee Beaver.  A subsequent motion to return to Closed Session made by Trustee Beaver, seconded by Trustee Foti)
Reconsidered and denied Accidental Disability, continue Ordinary Disability
(Trustee Loccke recused)

E-27

Thau, Michael

Middlesex County

12/1/2007

12/11/2006

Reconsidered and denied Accidental Disability, continue Ordinary Disability

E-28 +

Gleisberg, Robert

Egg Harbor Township

5/1/2007

12/2/1997

Reconsidered and denied Accidental Disability, continue Ordinary Disability
Vote: 5:2; Trustees Hall and Murphy: Nae; Trustee Loccke recused

E-29

Walder, Lorna

Dept. of Environmental Protection

11/2/2007

4/1/2006

Tabled for submission of additional medical documentation per member’s request.

E-30

Acevedo, Fernando

City of Newark

2/1/2007

3/29/2005

Tabled to allow member to file amended application w/more MVA incidents, per supplemental request. Granted Interim Ordinary Disability (DAG Pushko recused)

E-31 +

Gachetti, Joseph

City of Trenton

5/1/2008

1/5/2007

Approved Accidental Disability effective (Trustees Foti and Murphy recused)

E-32

Register, Michael

Dept. of Corrections

9/1/2007

11/16/2006

Tabled on TP to provide IME with additional documents.

E-33

Hayes, Shonda

City of Trenton

10/1/2007

3/28/1998
12/31/2001

Denied Accidental Disability, granted Ordinary Disability (Trustees Foti and Murphy recused)

E-34

Wolf, Edward

Wayne Twp.

4/1/2008

11/16/2005

Approved Accidental Disability (Trustee Loccke recused)

E-35 +

Grier, Karen

Essex County

2/1/2007

11/15/2003

Denied Accidental Disability, Offered Deferred retirement.  (Trustee Loccke recused)

E-36 +

Martinez, Alexander

North Hudson Regional Fire & Rescue

2/1/2007

9/11/2001

(A motion to adopt Resolution B made by Trustee Sierchio and seconded by Trustee Beaver.  A subsequent motion to return to Closed Session made by Trustee Sierchio and seconded by Trustee Foti)
Approved request to file for Accidental Disability



OPEN SESSION

Retirement Issues

F-1
Ceres, Lawrence - Somers Point City - Request for Dependency due to incarceration - Denied


OPEN SESSION

Hearing Decisions

G-1

Benbrook, Daniel - Middletown Twp. - Initial Decision - ALJ reversed Board's Decision and granted Accidental Disability.  DAG requests additional time to file exceptions.  - Tabled for exceptions and reply to exceptions.

G-2
Beauregard, Tamara - Camden City - Initial Decision - ALJ reversed Board's decision and granted Accidental Disability - Adopted  (Trustee Loccke recused) (Retirement Bureau)
G-3

Moved to L-4

G-4

Mottola, Anthony - Union City - Hearing Withdrawals - Noted

G-5
Bartholomew, Kevin - Garden St Recp & Youth Corrr CTR - Initial
Decision - ALJ reversed Board's decision and granted Accidental Disability retirement benefits -
Adopted (Retirement Bureau)
G-6

Doran, Anthony - Greenwich Twp. - Initial Decision - ALJ upheld Board's decision and denied Accidental Disability retirement benefits - Adopted




OPEN SESSION

Hearing Requests

H-1

Muccigrossi, Gary - South Plainfield Borough - Appellate Division Decision - Appeals the denial of Accidental Disability retirement benefits - Approved

H-2
Narducci, Robert - Bellmawr Borough - Appeals the Board's approval of Involuntary Ordinary Disability retirement - Approved


OPEN SESSION

Active Membership Issues

J-1-1
None


OPEN SESSION

Death Claim Issues

 

None



OPEN SESSION

Informational Issues

L-1

Wire Transfers Non-Contributory Group Insurance Policy #14800 Benefit Claims for the month of
March 2008 - Noted

L-2
Nicole Fava's Resignation Letter - Noted
L-3
PFRS Mortgage Statements/Memos – Noted
L-4

Appellate Division decision regarding Steven J. Kaflowitz vs PERS - Noted

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

The next meeting of the Board will be held on June 9, 2008 at 9:30 a.m.

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Last Updated: May 13, 2008