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POLICE AND FIREMEN'S RETIREMENT SYSTEM
JUNE 8, 2009
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 2009 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 18, 2008.

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 Deferred Special Totals



OPEN SESSION


Called to Order: 10:03 AM

Adjourned: 2:42 PM

Roll Call:

Marty Barrett, Fred Beaver; Vince Foti; Wayne Hall; Mark Kandrac; Frank Leake; Richard Loccke; Rich Mikutsy; John Sierchio


Absent: Laurel Brennan; Sherryl Gordon

Also Present: DAG Kellie Pushko; Wendy Jamison; Lisa Pointer; Sharon Palmer; MaryEllen Rathbun; Virginia Martucci; Marylou Mayoros; Mark Schwedes; Debbie Lane; Rhoda Strulowitz; Shirlene Scott; Tina Bullock; DAG Danielle Bradus; Regina Fedorenko; Nicole Micheroni (AG interns); Jason Swan; Paul Kleinbaum, Esq.; Wayne Masiello; Thomas J. Cammarata, Esq.; George Borek (IAFF); Steve Eckel (FOP); Bette Grayson, Esq.; John Jewell; William Claxton, Esq.; Matthew Casazza; Steven Kossup; Peggy O'Keefe; Kenneth Gerber; Ronald Basile; Ronald H. Bembry III; Robin Brown; Clifford Kuhn, Esq.; Charles Schlagger, Esq.; Stuart Alterman, Esq.; Anthony Malfatto; John Ballard; Frank Giangerelli; Jarett Wonski; Lydia McManimon; Gary Towers; Kathy MaCaro;


OPEN SESSION

Minutes

Minutes from the meeting of May 04, 2009
Approved (Trustees Beaver, Kandrac abstained)


OPEN SESSION

Miscellaneous Issues 

B-1

Chapter 204 PFRS Title Review Detective Title Series for Division of Criminal Justice
Accepted as presented (Trustee Beaver recused)



OPEN SESSION


Retirement and Death Lists

C-1

Active and Retired Death Lists
Approved

C-2 Active and Retired Death Lists For June 1, 2009
Approved
C-3 Return to Employment
Approved
C-4 Retirement List
Approved


CLOSED SESSION

Ordinary Disability  

.

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE DATE

DECISION

D-1

Bestafka, Steven

Camden County

2/1/2009

Chapter 428 PFRS
Approved

D-2 Rivera, Richard
West New York Police Dept.
3/1/2003
Reinstatement from Disability Retirement Tabled for additional information
D-3 Monthly OD Grid .
6/1/2009
Approved - see list below
(Trustee Loccke recused regarding Nicholas Amari and Nicole Fiumara)
D-4 Barnes, Clarence
Northern State Prison
4/1/2008
Honorable Service Partial Forfeiture of one year of service and salary from the date of the incident (November 2005 through October 2006) (Vote: 8-1; Trustee Loccke nae) Ordinary Disability - Not found to be a member-in-service - not eligible to file for Ordinary Disability retirement.

PFRS ORDINARY DISABILITY 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, 2009 and earlier.

Member's Name

Effective Date

P/F

Employer

Amari, Nicholas

05/09

P

Passaic County 

Dambrosio, Christopher J

06/09

F

Chatham Borough

Fiumara, Nicole J

06/09

P

Ocean County

Forrester, Donald

07/09

P

Jersey City

Gilbert, Michael W

06/09

P

Newark City 

Harrison, Richard N

01/09

P

Middlesex County

Kenelia, Anthony

05/09

P

Correct-Bayside State Prison

Martin, Yvonne

04/09

P

Essex County

Mungro, Wilfred L

05/09

P

Northern State Prison

Ortiz-Pacheco, Alexandra

10/08

P

Clifton City

Taylor, Cheryl L

05/09

P

Department Of Correction

Total - 11

CLOSED SESSION

Accidental Disability

..

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE DATE

ACCIDENT
DATE

DECISION

E-1

Casazza, Matthew
NJ Institute of Technology 11/1/2008
5/24/2006
12/20/2007
Denied Accidental continue Ordinary

E-2

Shenekji, Joseph
Township of Wayne 2/1/2009
9/29/2003
Approved
(Trustee Loccke recused)

E-3

Nass, Scott
Union County 2/1/2009
9/10/2007
Approved

E-4

Crayton-Johns, Candice
County of Burlington 11/1/2007
7/8/2006
Approved

E-5

Jewell, John
Newark Police Dept. 5/1/2008
7/13/2001
2/5/2003
7/26/2005
3/5/2007
Denied Accidental Granted Ordinary

E-6

Aromando, Mark
Bergen County 4/1/2009
9/26/2007
Tabled for additional information from the employer

E-7

Foti, Anthony
Union County 1/1/2009
6/18/2008
Approved w/re-exam in one year

E-8

Wilson, Suzanne
East Windsor Twp. Police Dept. 5/1/2009
1/4/2008
Denied Accidental Granted Ordinary (Chapter 428 benefits)

E-9

Malfatto, Anthony
Bloomfield Twp.
2/1/2009
10/11/2007
Approved

E-10

Mack, Kelvin
City of Burlington
1/1/2009
4/22/2007
Denied Accidental, Offer Deferred

E-11

Ballard, John
Neptune Township
5/1/2009
9/10/2007
Denied Accidental Granted Ordinary
(Trustee Loccke recused)

E-12

Colle, Robert
City of Millville
4/1/2008
5/22/2004
10/23/2005
6/8/2006
11/2/2006
2/12/2007
Denied Accidental Granted Ordinary
(Trustee Foti recused)

E-13

Liddy, William
City of New Brunswick
3/1/2009
9/12/2007
Approved

E-14

Giangerelli, Frank
Twp. of Fairfield
6/1/2009
7/6/2008
Approved w/re-exam
(Trustee Loccke recused)

E-15

Miick, Kirk

North Hudson Reg. Fire & Rescue
2/1/2009
1/2/2008
Approved
E-16 Murphy, Patrick
Dept. of Corrections Yardville
11/1/2008
3/8/2002
Denied Accidental continue Ordinary
E-17 Davis, Michael

City of New Brunswick
12/1/2008
9/3/2006
Denied Accidental, Withdrawal only
E-18 Fahs, Michael
Boro of Plainfield
6/1/2009
4/1/2003 9/17/2003
Approved
(Vote:6-2-1; Trustees Mikutsky, Beaver nae; Trustee Loccke recused)
E-19 Towers, Gary
City of Camden
4/1/2009
12/17/2007
Approved
E-20 Baxter, Kevin
Dept. of Corrections Trenton
12/1/2008
2/16/2007
Denied Accidental Granted Ordinary


OPEN SESSION

Retirement Issues

F-1+

Swan, Jason - Mount Holly Township - Request to change enrollment date - Denied (Vote: 6-3; Trustees Foti, Loccke, Barrett nae) Request Chapter 428 Service retirement eligibility - Approved pending Attorney General's advice regarding implementation (Vote: 5-4; Trustees Beaver, Mikutsky, Kandrac, Leake nae) (Director Beaver)

F-2
Brown, Robin - Irvington Township - Honorable Service
Partial Forfeiture of service and salary for the period starting one year prior to the incident of June 9, 2006 to the end of employment (July 2005 to the end of employment) retroactive to retirement date, establish repayment schedule (Retirement Bureau)
F-3

DelValle, Mariano - Lakewood Township - Request to change retirement date to December 1, 2002
Approved (Trustee Loccke recused; Trustee Foti abstained) (Retirement Bureau)

F-4+
Masiello, Wayne - Springfield Townhip - Honorable Service
Partial Forfeiture of one year salary only from the date of the incident (November 2006 through October 2007)
Special retirement - Approved retroactive to retirement date, establish repayment schedule (Retirement Bureau) (Trustee Mikutsky recused)


OPEN SESSION

Hearing Decisions

G-1
Coughlin, Daniel - Corrections - Adult Diag. & Treatment - Initial Decision ALJ reversed the Board's decision on forfeiture and the denial of Ordinary Disability retirement benefits.
Rejected the ALJ's decision; noted execptions and reply to exceptions. Draft Final Administrative Determination. (DAG Pushko recused)
G-2
O'Keefe, Peggy - Juv. Jus. Comm./NJ Train SC - Initial Decision
ALJ reversed Board's decision and granted Acidental Disability retirement benefits.
Rejected the ALJ's decision. Noted the exceptions and reply to exceptions. Draft Final Administrative Determination.
G-3+
Gerber, Kenneth - Springfield Twp.
Rejected proposed settlement, case to continue in OAL.
G-4
Borough of Upper Saddle River - Hearing Withdrawals Noted
G-5+
Basile, Ronald - Atlantic City - Reconsideration of an OAL case
Partial Forfeiture - Affirmed previous forfeiture, case continues in OAL Retirement Date - Affirmed original retirement date of January 1, 2005.
G-6
Thorn, Thomas - Township of Medford - Reconsideration of an OAL case
Denied enrollment into PFRS, case continues in OAL. (Trustee Loccke recused)
G-7
Removed Administratively
G-8
Hayes, Shonda - City of Trenton - Initial Decision -ALJ reversed Board's decision and granted Accidental Disability retirement benefits.
Noted the DAG exceptions, case remanded to the ALJ for clarification on factual findings.
G-9
Servideo, Joseph - Bergen County - Initial Decision ALJ upheld Board's decision denying Accidental Disability retirement benefits.
Adopted ALJ's decision affirming the Board's denial of Accidental Disability retirement benefits. Noted the exceptions and reply to exceptions.
G-10
Shogeke, Jacquie - Northern State Prison - Initial Decision ALJ affirmed Board's decision and denied Accidental Disability retirement benefits.
Adopted ALJ's decision affirming the Board's denial of Accidental Disability retirement benefits.


OPEN SESSION

Hearing Requests

H-1+

Warner, Stephen - Passaic County - Appeals denial of Accidental Disability retirement benefits.
Approved

H-2
Boyd, Jeffrey - Department of Corrections - Appeals denial of Accidental Disability retirement benefits.
Approved
H-3
Wonski, Jarett - Midddlesex County - Appeals denial of Accidental Disability retirement benefits
Approved
H-4
Smith, James - Morris County - -Appeals denial of Accidental Disability retirement benefits. Approved
H-5
Suanno, John - Jackson Township - -Appeals denial of Accidental Disability retirement benefits.
Approved
H-6
McClendon, David - Newark City - -Appeals denial of Accidental Disability retirement benefits Approved
H-7
Anuario, James - Jackson Township - -Appeals denial of Accidental Disability retirement benefits.
Approved


OPEN SESSION

Active Membership Issues

J-1

None



OPEN SESSION

Death Claim Issues

K-1

Rivera, Manuel - City of Trenton - Accidental Death
Approved



OPEN SESSION

Informational Issues

L-1

Appellate Division Decisions Tina M. Frost vs. PERS.
Noted

L-2
Trial Balance as of February 28, 2009.
Noted
L-3
Common Pension Fund D as of December 31, 2008.
Noted
L-4
Supreme Court Decisions Klumb v. Board of Education of Manalapan-Englishtown
Noted
L-5

Wire Transfers Non-Contributory Group Insurance Policy #14800 Benefit Claims for the month of April 2009.
Noted

L-6
Trial Balance as of March 31, 2009.
Noted
L-7
Common Pension Fund B as of October 31, 2008
Noted
L-8 Common Pension Fund E as of October 31, 2008.
Noted
L-9 Butler, Lynette - William Patterson University of NJ - Appellate Division Decisions
Lynette Butler vs William Patterson University.
Noted
L-10 PFRS Mortgage Statements/Memos
Noted

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

The next meeting of the Board will be held on July 13, 2009.

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Last Updated: June 25, 2009