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Pensions and Benefits
POLICE AND FIREMEN'S RETIREMENT SYSTEM
JUNE 13, 2011
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
2011 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 17, 2010.

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 (9K) Deferred - none
Special Adobe PDF (24K) Totals Adobe PDF (8K)


OPEN SESSION


Called to Order: 10:00 AM

Adjourned: 3:03 PM

Roll Call:

Marty Barrett; Susanne Culliton; Vince Foti; Wayne Hall; Frank Leake; Richard Mikutsky; Mike Postorino; John Sierchio


Absent: Laurel Brennan; Sherryl Gordon; Richard Loccke

Also Present: DAG Kellie Pushko; Wendy Jamison; Lisa Pointer; Sharon Palmer; Marylou Mayoros; Valerie McManus; Mike Czyzyk; James Mets, Esq.; Guillermo Hernandez; Ray Raymond; Christine Petersen; Kenneth Rosenberg; Robert Fox, FOP; Stuart Ball, Esq.; John Zajkowski; Andrew Anselmi, Esq.; Michael Loreto; David Hadsall; Kenneth Hawkins; Daniel Torres; Charles Schlagger, Esq.; Kevin Toomey; Paul Giblin, Esq.; Craig Gumpel. Esq.; Paul Warcholik; Samuel Halpern, Esq.; Daniel Principe; Eldridge
Hawkins, Ron Ricci, Esq.; John Feeley, Esq.; Paolo Marano; Latasha Merritt; Keith Hill; Robert Woltmann; Edward Woltmann; Christopher Gray, Esq.; Jeffrey Parvin, Stefanie Parvin; William Meadows, Esq.; Michael Wengrin; David Haag; Patrick Toscano, Esq.; William Panitch; Jose Lino;


OPEN SESSION

Minutes

Minutes from the meeting of May 02, 2011
Approved (Trustee Mikutsky abstained)

Minutes from the meeting of May 02, 2011
Approved Executive Session Minutes (Trustee Mikutsky abstained)


OPEN SESSION

Miscellaneous Issues

B-1

Proposed Resolution regarding post "Russo" cases
Approved

B-2=
Chapter 52 Proposed Training -
Approved


OPEN SESSION

Retirement and Death Lists

C-1

Active and Retired Death Lists for May 26, 2011
Approved

C-2=
Retirement List
Approved


CLOSED SESSION

Ordinary Disability

 

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE DATE

DECISION

D-1 Wall, Thomas

Edison Township
8/1/2010
Denied
D-2 Carter, Sean
City of Newark
5/1/2011
1.) Honorable Service - partial
forfeiture of service and salary from December 2007 until the end of employment (Vote: 6-2; Trustee
Mikutsky; Barrett nae)
2.) Ordinary Disability - Approved
D-3 Monthly OD Grid
    Approved Andino, Tracey, Hudson County, effective 1/1/2011
Burke, Kevin, Essex Fells Borough, effective 7/1/2011
Cleaves, Tyson, Passaic County, effective 1/1/2011
Dibiasi, Darrin, Middlesex County, effective 6/1/2011
Ellis, Thomas, Sussex County, effective 3/1/2011
Petrosino, Nicholas,
Hudson County, effective 12/1/2010
Rubestello, Randy, Edna Mahan Corr. Fac. For Women, effective 4/1/2011
Zilavetz, Richard,
Woodbridge Township, effective 9/1/2011



CLOSED SESSION

Accidental Disability

 

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE DATE

ACCIDENT
DATE

DECISION

E-1

Young, George
City of Camden
10/1/2010
11/14/2005
Approved

E-2

Mount, Christopher
Township of Freehold
12/1/2010
1/10/2007
Denied Accidental Granted Ordinary
(Vote: 5-3; Trustee Hall, Sierchio, Mikutsky nae)

E-3

(+) Principe, Daniel
Town of West New York
8/1/2007
8/14/2000
5/6/2002
10/15/2003
Denied Accidental Granted Ordinary

E-4

Cutrufello, Jon
Union County
6/1/2009
6/19/2004
7/12/2005
Reconsidered and Approved
Withdrawal the matter from OAL.

E-5

Davila, Neomaya
City of Camden
4/1/2010 
11/10/2008
Reconsidered and Approved with a
one year re-exam. Withdrawal matter from the OAL

E-6

Gilmore, Denise
Southern State Correctional Facility
3/1/2009
2/12/2006
Reconsidered and Approved
Withdrawal the matter from OAL.

E-7

Engram, Alonzo
Mercer County
12/1/2010
4/4/2010
Approved

E-8

Freeman, Douglas
Township of Edison
9/1/2010
9/11/2001
Denied Accidental Granted Ordinary
E-9
Avola, Louis
Lodi Borough
3/1/2011
2/13/2010
Approved

E-10

Rinyu, Donald
Juvenile Justice Commission
11/1/2010
4/26/2010
Denied Accidental, Withdrawal only

E-11

(+) Panitch, William
North Caldwell Police Department
5/1/2011
2/3/2007
Approved (Trustee Sierchio recused)

E-12

Mota, Gerlin
Northern State Prison
9/1/2010
9/9/2008
Approved

E-13

Conover, Robbin
Albert C. Wagner Youth Correction Facility
3/1/2011
9/23/2009
Tabled for additional information

E-14

Politza, George
Township of Harrison
3/1/2011
1/28/2009
Denied Accidental Granted Ordinary
(Vote: 6-2; Trustees Sierchio, Hall nae)

E-15

(+) Lino, Jose
East Jersey State Prison
2/1/2011
12/7/2009
Approved

E-16

Marable, Ophelia
Camden Co Board of Chosen Freeholders
8/1/2011
8/22/2009
Approved

E-17

Fabian, Francisco
Camden County Board of Chosen Freeholders
4/1/2011
11/16/2009
Approved

E-18

(+) Hawkins, Eldridge

West Orange Township
3/1/2010
10/20/2009
Tabled for additional information from attorney

E-19

(+)Warcholik, Paul
Clifton Fire Department
4/1/2011
4/9/2010
Approved

E-20

(+) Woltmann, Robert
Linwood City
12/1/2011
10/8/2009
Approved

E-21

(+)Marano, Paolo
Union Township
7/1/2011
7/12/2010
Approved

E-22

Toro, Stanley
City of Pleasantville
2/1/2011
1/2/2010
Tabled for additional information

E-23

(+) Wengrin, Michael
Bergen County
6/1/2011
2/18/2010
Approved

E-24

Verrone, Thomas
County of Passaic
3/1/2011
8/12/2010
Approved

E-25

(+) Merritt, Latasha
City of Newark
3/1/2011
6/22/2010
Approved

E-26

Cason, Birdie
Department of Corrections
12/1/2010
12/23/2006 3/22/2009
Denied Accidental Granted Ordinary

E-27

Lungo, Jose
Juvenile Justice Commission/Medium Security Facility
2/1/2011
11/14/2009
Tabled for employer clarification

E-28

(+) Postiglione, Lori
Washington Township
3/1/2011
3/9/2010
Approved

E-29

(+) Hill, Keith
County of Passaic
5/1/2011
8/8/2010
Approved

E-30

Stevens, Patrick
New Jersey Dept. Of Corrections
9/1/2011
10/20/2010
Approved

E-31

(+)Parvin, Jeffrey
City of Bridgeton
1/1/2011
5/2/2009
Denied Accidental Granted Ordinary

E-32

(+) Hagg, David
Human Service Police
1/1/2011
9/16/2009
Approved

E-33

Colman, Jeffrey
Township of Gloucester
2/1/2011
6/26/2009
Denied Accidental Granted Ordinary
(Trustee Foti abstained)

E-34

Meischke, Brian
Bayside State Prison
12/1/2010
2/8/2010
Tabled for status of charges

E-35

Villegas-Smith, Elizabeth
City of Camden
12/1/2010
8/4/2009
Approved


OPEN SESSION

Retirement Issues

F-1+
Hernandez, Guillermo - City of Clifton - Creditable Compensation
Approved (Vote: 4-3-1; Trustees Culliton, Mikutsky, Leake nae; Trustee Sierchio abstained)
F-2+
Raymond, Ray - Edna Mahan Correctional Facility - Deferred Retirement
Denied
F-3+
Petersen, Christine - Jersey City - Bonafide Retirement
Denied (Retirement Bureau) (Trustee Barrett recused)
F-4+
Zajkowski, John - City of Newark - Deferred Retirement
1.) Denied deferred retirement
2.) Approved no retroactive restitution (Retirement Bureau)
F-5+
Toomey, Kevin - Hackensack City - Honorable Service
No Forfeiture
F-6+
Loreto, Michael - Essex County - Creditable Compensation
Shelton Pearson
Anthony Russo
David Hadsall
Kenneth Hawkins - All Members Denied (Vote: 6-1-1; Trustee Foti nae; Trustee
Barrett abstained)



OPEN SESSION

Hearing Decisions

G-1
Loatman, Sharon - Bayside State Prison - Hearing Withdrawals
Noted
G-2
Estok, Edward - Department of Corrections - Appellate Division
Decisions Court upheld Board's decision and denied Accidental Disability retirement
benefits
Noted
G-3
Dixon, Kathy - Corrections -Adult Diag. & Treatment - Appellate Division Decisions Michelle Ricketts 3-10-032068 Court upheld Board's decision denying Accidental Disability retirement benefits
Noted
G-4
Ceres, Lawrence - Somers Point City - Appellate Division
Decisions Court upheld Board's decision and denied pension benefits to his wife Lisa
Ceres, during his incarceration
Noted
G-5
Tiernan, James - Juv. Justice Comm./NJ Train SC - Initial Decision
ALJ upheld Board's decision and denied Accidental Disability retirement benefits
Adopted ALJ's decision. Noted exceptions and reply to exceptions. Remand to OAL per
DAG request.
G-6
Cepeda, Luis - Northern State Prison - Initial Decision ALJ upheld Board's decision and denied Accidental Disability retirement benefits
Adopted ALJ's decision.
G-7
#3-49700 - Township of West Windsor and Local 3610 IAFF - Initial Decision ALJ dismissed case
Adopted ALJ's decision. Noted exceptions and reply to exceptions. (Trustee Leake
abstained)
G-8
Russo, Gregory - Montclair Township - Supreme Court Decisions
Court reversed Board's decision regarding Patterson factors and remanded back to Board
for processing of Accidental Disability retirement
Noted (Retirement Benefit) - Retirement effective May 1, 2005
G-9
McClutcher, Denzal - West Orange Township - Appellate Division Decisions Court upheld Board's decision denying Accidental Disability retirement benefits
Noted



OPEN SESSION

Hearing Requests

H-1
Irwin, John - Dept. of Environmental Protection - Appeals denial of Accidental Disability retirement benefits
Reconsidered and Approved Accidental Disability effective April 1, 2011. (Retirement
Bureau)
H-2
Brown, Eddie - Newark City - Appeals denial of Accidental
Disability retirement benefits
Approved
H-3
McCluney, Reginald - City of Newark - Appeals denial of
Accidental Disability retirement benefits
Approved
H-4
Holmes, Robert - Marlboro Township - Appeals suspension of
monthly retirement allowance
The Board directed the Secretary to draw up a Final Administrative Determination.
H-5
Kjems, Eric - Carteret Borough - Appeals denial of Ordinary Disability retirement
benefits
Approved
H-6
Kowalczyk, Brian - City of Trenton - Appeals denial of Accidental Disability
retirement benefits
Tabled for IME to review new medical information.
H-7
Rogers, Ronald - Monroe Township - Appeals denial of Accidental
Disability retirement benefits
1.) Reconsideration Delay Start of repayment - Denied
2.) Hearing Request - Denied
The Board directed the Secretary to draw up a Final Administrative Determination.
H-8
Eatman, Gerard - City of Newark - Appeals denial of Accidental Disability
retirement benefits
1.) Reconsideration - Reaffirmed denial of Accidental Disability retirement benefits
2.) Hearing Request - Approved



OPEN SESSION

Active Membership Issues

J-1

#3-46200 - Pequannock Twp & PBA - Creditable Salary
Approved (Vote: 7-1; Trustee Culliton nae)

J-2
#3-36800 - Ramsey Borough & PBA - Creditable Salary
Tabled per attorney's request until July 11, 2011
J-3
#3-54800 - Manchester & PBA - Creditable Salary
Approved (Vote: 7-1; Trustee Culliton nae)
J-4
#3-38101 - Jersey City Police Dept. - Daniel E. Torres request PFRS membership
Approved (Retirement Bureau)
J-5
Kennedy, Stewart - Passaic City - Request Review outstanding loan in
bankruptcy
Denied
J-6
Torres, Angel - Somerset County Finance Office - Request review outstanding
loan in bankruptcy
Denied
J-7
Kimble, Michael - Parsippany Troy Hills Township - Request Review Outstanding
loan in bankruptcy
Denied


OPEN SESSION

Death Claim Issues

None



OPEN SESSION

Informational Issues

L-1
Appellate Division Decisions Denise Brown vs PERS
Noted
L-2
Common Pension Fund A as of March 31, 2011
Noted
L-3
Wire Transfers Non-Contributory Group Insurance Policy #14800 Benefit Claims for the
month of March 2011
Noted
L-4
Common Pension Fund E as of March 31, 2011
Noted
L-5
Trial Balance as of March 31, 2011
Noted
L-6
Legislation New Legislation Notice: Chapter 52, P.L. 2011
Noted
L-7
Appellate Division Decisions James Baracia vs SPRS
Noted
L-8
Wire Transfers Non-Contributory Group Insurance Policy #14800 Benefit Claims for the
month of April 2011
Noted
L-9
Common Pension Fund D as of March 31, 2011
Noted
L-10
Common Pension Fund E as of March 31, 2011
Noted
L-11
PFRS Mortgage Statements/Memos
Noted
L-12
Common Pension Fund A as of April 30, 2011
Noted
L-13
Common Pension Fund B as of April 30, 2011
Noted
L-14
Common Pension Fund E as of April 30, 2011
Noted
L-15
Trial Balance as of April 30, 2011
Noted
L-16=
State Investment Council Article - (Add on by Marty Barrett)

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

The next meeting of the Board will be held on July 11, 2011.

 

 
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