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POLICE AND FIREMEN'S RETIREMENT SYSTEM
June 11, 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 Special Totals


OPEN SESSION


Called to Order: 9:00 a.m.

Adjourned: 1:15 p.m.

Roll Call:

Fred Beaver; Dennis Connelly; Vince Foti; Sherryl Gordon (left at 11:15 a.m.); Mark Kandrac; Frank Leake (left at 12:30 p.m.); Rich Mikutsky; Tom Murphy; John Sierchio


Absent: Nicole Fava; Richard Loccke

Also Present: DAG Christine Lucarelli
   
Division Staff:

Wendy Jamison; Gail Griffin; Virginia Martucci; Marylou Mayoros; Bernadine Brozena; Mark Schwedes; Mary Ellen Rathbun; Mike Czyzyk

   
Members, Counsel, Employers, Consultants:
 

Regina Herz; Joseph Taglieri; William Claxon, Esq.; Gary Bootes; John Feeley, Esq.; Alexander Alicea; Donna Mucciarelli; James Agins; Patrick Caserta, Esq.; Timothy Flournoy; Celeste Flournoy; Sidney Lehmann, Esq.; Steven Kossup, Esq.

Union Groups, etc.:
  George Borek, IAFF

(Chairman Kandrac made a motion to waive the Order of Business to conduct Ethics Training for the Trustees.  The motion was seconded by Trustee Connelly)  (Following the Ethics Training, Trustee Sierchio made a motion to reconvene the meeting)


OPEN SESSION

Minutes

Minutes from the meeting of May 14, 2007 - Approved
(Trustee Beaver abstained)


OPEN SESSION

Finance

A-1 Trial Balance as of April 30, 2007 - Approved


OPEN SESSION

Miscellaneous Issues

B-1

Chapter 204 PFRS Title Review for Assistant Fire Chief for Northfield Fire Department - Approved (Trustee Beaver abstained)

B-2

Memo regarding a request to standardize police enrollment in the PFRS - Tabled for Division staff to draft regulation.



OPEN SESSION

 Retirement and Death Lists

C-1

Return to Employment - Approved

C-2

Active and Retired Death List as of 5/31/07 - Approved

C-3 Retirement List - Approved

(Motion to adopt Resolution A by Trustee Mikutsky; seconded by Trustee Sierchio)


CLOSED SESSION

Ordinary Disability   


 
Member Name,
Number
Employer
Effective Date
Board's Decision

D-1

Dyett, Donna

University of Medicine & Dentistry of NJ
8/1/2006 Approved; c. 428

D-2
Haines, Robert
Riverfront State Prison 1/1/2007 Approved; c. 428

D-3
Flynn, Patrick
Boro of Pt. Pleasant Beach 2/1/2006
a.) Honorable Service -
Total forfeiture
b.) Ordinary Disability -
not eligible

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 June 1, 2007 and earlier.


Member's Name

Effective Date

P/F

Employer

Angelino, Richard M Jr

05/07

P

Camden Co Bd Of Chosen Frhldrs

Breeden, James W

05/07

P

Southern State Crrtnl Facility

Cornell, Patrick J

11/06

F

Jersey City Fire Dept.

Cuva, Paul D Jr.

05/07

P

Union County

Fleming, Lisa Y

01/07

P

Camden City

Lockwood, Maryann

07/07

P

Dept Environmental Protection

Mclaughlin, Brian H

05/07

P

Juv.Jus.Comm./NJ Train Sc

Oneal, Curtis

07/07

P

Essex County

Peak, Charles Johnell Jr

05/07

P

Northern State Prison

Quiles, Angel

04/07

P

The College Of New Jersey

Timper, Michele

12/06

P

Middlesex County

Total = 11Ca
R

D-5
Baker, Robert
Township of Irvington 11/1/2006 Tabled; send to IME for clarification


CLOSED SESSION

Accidental Disability


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

E-1

Tomasello, Richard
    
Pleasantville Police Dept.
2/1/2007
10/27/2004
Y
Y
Y
Approved
(Trustee Foti recused)

E-2

O'Shea, Gary
City of Wildwood
1/1/2007
12/7/2005
Y
Y
N
Denied Accidental Disability; granted Ordinary Disability

E-3


Stephens, Rodney

Newark Police Department
3/1/2007
2/17/2004
Y
Y
Y
  Approved

E-4
Ruffin, Robert
Newark Police
10/1/2006 
7/26/2003

Y
Y
Y
Approved

E-5
Hayek, Victor
Township of Wayne
7/1/2007 
10/17/2005
Y
Y
Y
Approved

E-6
Pannullo, Carmine
Carteret Boro Police Dept.
4/1/2007
12/6/2005
N
N
N
Denied Accidental Disability;
Offered Deferred
(Trustee Foti recused)

E-7
Guiliano, Charles
Essex County
5/1/2006 
7/20/2006
Y
Y
Y
Reconidered and approved Accidental Disability
(Trustee Foti recused)

E-8
Taglieri, Joseph
City of Hoboken
2/1/2007
12/25/2004
Y
T
Y
T
N
T
(Issue#1)
(Issue#2)
Granted interim Ordinary
Tabled for IME review

E-9
Wright, David
City of Trenton
7/1/2006 
6/7/2001
Y
N
N
Denied Accidental Disability;
Continue Ordinary Disability

E-10
Bootes, Gary 
Newark Police
6/1/2007
11/22/2006
Y
Y
Y
Approved

E-11
Alexander, Alicea
Union City Police Dept.
9/1/2007
11/9/2002
5/18/2006
Y
Y
Y
Y
Y
Y
Approved
(Vote: 7:1 Trustee Beaver: Nae)

E-12
Figuero, Jamie
Newark Police Department
2/1/2007
9/2/2004
Y
Y
Y
Approved



OPEN SESSION

Retirement Issues

F-1

Kennedy, James - Northern State Prison - Honorable Service - Reconsideration (Charges were dismissed) - Denied reinstatement of the last 12 months of service that had previously been forfeited and denied request for Service retirement.

F-2

Smith, Dennis - Keansburg Borough - Honorable Service - Total forfeiture of service and salary.
(Retirement Bureau)

F-3

(The Board adopted Resolution B to discuss confidential financial matters)
Mucciarelli, Robert - Department of Corrections - Dependency - Request to continue to collect benefits while member is incarcerated - Approved continued receipt of pension benefits during member’s incarceration. (Vote: 7:0:1: Trustee Foti abstained)  (Retirement Bureau)

F-4+

Ward, Gerald) - Passaic County - Suspension of Pension - Approved suspension of pension benefits
(Vote: 6:1:1: Trustee Sierchio: Nae; Trustee Foti recused)  (Retirement Bureau)

F-5+

Flournoy, Timothy - Bayside State Prison - Honorable Service - Denied Deferred retirement
benefits as member was removed for cause on charges of misconduct and delinquency

F-6

City of Atlantic City - Creditable Salary PBA Local #24 (Holiday Pay) - Resubmission - Approved as creditable compensation (Audit Section and Retirement Bureau) (Vote: 6:1:1: Trustee Beaver: Nae; Trustee Foti recused)

F-7

Medina, Arnaldo - City of Camden - Repayment Schedules - Request for 10 year repayment schedule - approved ten year (120-month) repayment with assignment of the group life insurance policy.
(Retirement Bureau/Beneficiary Services Bureau)



OPEN SESSION

Hearing Decisions

G-1

Pawlicki, Richard - Keansburg Borough - Appellate Division Decisions - The Court determined that the incident was not a traumatic event and therefore, upheld the Board's decision to deny Accidental Disability - Noted

G-2

Hunter, Raymond - City of Newark - Hearing Withdrawals - Failure to appear (disability issue) - Noted

G-3

Sydlar, George - Jersey City - Initial Decision - ALJ upheld the Board's decision to deny reinstatement from disability retirement.  Mr. Sydlar was over the age of fifty-five at the time of his request - Adopted

G-4
Trimmer, Matthew - Juv. Jus. Comm./NJ Train SC - Initial Decision - ALJ determined the  incident was  a traumatic event,  reversed the Board's decision and granted Accidental Disability - Rejected ALJ’s decision; seek extension
G-5

Muscarella, Conrad - Essex County - Initial Decision - ALJ upheld the Board's decision to deny Accidental Disability - Adopted



OPEN SESSION

Hearing Requests

H-1
Young, John - City of Orange - Appeals the Board's decision to deny Involuntary Accidental Disability - Approved
H-2
 Tatusko, Rosemarie - Burlington County/Payroll Department - Appeals the Board's decision to deny Accidental Disability - Approved
H-3
Jazikoff, Angel - Middlesex County - Appeals the Board's decision to deny Accidental Disability - Approved
H-4

Taylor, John - Garden State Recp & Youth Corr Ctr. -
a.) Appeals forfeiture of service and salary - Approved
b.) Appeals denial of Accidental Disability - Approved

H-5

Gaffney, Edward - Berkeley Heights Township - Appeals the Board's decision to deny enrollment in PFRS - Approved



OPEN SESSION

Death Claim Issues

K-1

Franklin, Tyrone - Accidental Death - Approved the payment of benefits to Tyrone D. Franklin,Jr., as the surviving child of Mr. Franklin. (Retirement Bureau)



OPEN SESSION

Informational Issues

L-1

Appellate Division Decisions regarding John Burke vs. TPAF - Noted

L-2
State Investment Council Minutes from the meeting of April 19, 2007 - Noted
L-3
PFRS Mortgage Statements/Memos for April 2007 - Noted
L-4

Wire Transfers Non-Contributory Group Insurance Policy #14800 for April 2007 - Noted

L-5
Newspaper Articles from Star Ledger " State:  Market bolsters pension funds" - Noted
L-6
Memos regarding Enhancement to Death Claim Certification through EPIC - Noted

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

The next meeting of the Board will be held on July 9, 2007.

 

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Division of Pensions and Benefits
PO Box 295
Trenton, NJ 08625-0295

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Last Updated: June 12, 2007