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Pensions and Benefits
POLICE AND FIREMEN'S RETIREMENT SYSTEM
JUNE 13, 2016
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 2016 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on December 21, 2015.

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 (21K) Deferred - none
Special Adobe PDF (26K) Totals Adobe PDF (19K)


OPEN SESSION

Called to Order: 10:05 AM

Adjourned: 2:47 PM

Roll Call:

Marty Barrett, Keith Bennett, Laurel Brennan, Tim Colacci, Susanne Culliton, Michael
Kaniuk, Frank Leake, Richard Loccke (left 2:00 p.m.), Brady Middlesworth


Absent: none

Also Present: DAG Danielle Schimmel; Hank Schwedes; Lisa Pointer; Sharon Palmer; Mary Ellen
Rathbun; DAG Jane Lafferty; Valerie McManus; Cheryl Chianese; Jackie Bussanich;
Peter Andreyev, NJSPBA; Beth Pisano; Trooper DiGirolamo; Luann Barnett; Sue
Grant; John Sloth; Bill Edwards, Chief State Forest Fire Service; Steve Holmes; Bill
Donnelly, Nick Valero; Saretta Dudley; John Feeley, Esq.; Albert Wunsch, Esq.,
Bartosz Chlewicki; Christopher Valyo; Greg Zelanzy; Steven Kossup, Esq.; Stuart
Alterman, Esq.; Chris Gray, Esq; Grover Jackson; Mario Recinos; Richard Berdnik,
Passaic County Sheriff; Thomas Borelli; Michael Ramirez; Michael Elias; Andrew
Pacucci; Keith Volz; Paul Kleinbaum, Esq.; Allan Stickland; Craig Gumpel, Esq.; John
McLaughlin; Daniela DeHayes


OPEN SESSION

Minutes

Minutes from the meeting of May 2, 2015
Approved (Trustees Colacci, Brennan abstained)

Minutes from the meeting of May 2, 2016
Approved Executive Session Minutes (Trustees Colacci, Brennan abstained)


OPEN SESSION

Miscellaneous Issues

B-1 Proposed Amendments
NJAC 17:4-2.4
NJAC 17:4-1A
Approved (Vote: 7-1; Trustee Loccke nae; Trustee Barrett abstained)
B-2+ Chapter 204 PFRS Title Review
Approved (Vote: 7-1; Trustee Loccke nae, Trustee Barrett abstained)
B-3 Election Results
Accepted as presented


OPEN SESSION

Retirement and Death Lists

C-1
Active and Retired Death Lists for April 29, 2016
Approved
C-2 Active and Retired Death Lists for June 1, 2016
Approved
C-3 Retirement List
Approved
   

CLOSED SESSION

Ordinary Disability

 

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE
DATE

DECISION

D-1 Elias, Michael


Bergen County 8/1/2015 Tabled for Honorable Service review
(Trustee Loccke recused)
D-2 Monthly OD Grid     Stove, Sheri; Dept. of Correction;
effective 3/16;
Zisko, Robert; Perth Amboy; effective 2/16; Bates Kevin; Lodi Borough; effective 2/16;
Coleman Alexis; Essex County;
effective 5/16
Approved



CLOSED SESSION

Accidental Disability

   

MEMBER'S NAME
AND NO.

EMPLOYER
EFFECTIVE
DATE
ACCIDENT
DATE

DECISION

E-1

Araujo, Mario
Essex County 10/1/2014 1/12/2012 Reconsideration of an OAL case
Reconsidered and reopen; allow
member to amend to application to
Ordinary Disability; continued in
OAL. (Trustee Loccke recused)

E-2

Volz, Keith
Dumont Borough 7/1/2016 8/1/2014 Denied Accidental Granted Ordinary
(Vote: 7-1; Trustee Barrett nae;
Trustee Loccke recused)

E-3

Jamison, Ronald
Corrections Bayside
State Prison
3/1/2013 3/28/2011 Two year evaluation re-evaluation
Reconsidered and approved
reinstatement to employment

E-4

Chlewicki, Bartosz
Bergen County 7/1/2016 5/14/2014 Denied Accidental Granted Ordinary
(Trustee Loccke recused)

E-5

Bergamo, Nicolas
Cilty of Vineland 8/1/2015 10/13/2006
10/18/2012
Tabled for IME review of additional
information
(Vote: 8-1; Trustee Barrett nae)

E-6

Strickland, Alan

NJ Institute of
Technology
5/1/2016 2/14/2013
7/9/2015
Approved

E-7

Morgan, Steven
Plumsted Fire District 7/1/2015 7/7/2012 Reconsidered and denied Accidental Disability, Withdrawal Only

E-8

Passarella, Mark

Winslow Township 2/1/2016 3/9/2015 Resubmission Approved
(Vote: 5-3; Trustees Culliton, Leake, Loccke nae; Trustee Brennan abstained)

E-9

Valyo, Christopher
Hamilton Twp. Fire
District 6
    1.)Honorable Service - Partial
forfeiture of 1 year service and
salary (Vote: 6-2; Trustees Culliton,
Middlesworth nae)
2.) Request to apply for Accidental
Disability retirement benefits -
Approved (Vote: 7-1; Trustee
Culliton nae)

E-10

McLaughlin, John
Weehawkin Township 9/1/2001 1/18/2001 Reconsideration, Post Re-exam
Continue collecting
(Vote: 7-1; Trustee Culliton nae)

E-11

Zelanzy, Greg
Woodbridge Township 3/1/2016 7/1/2014 Approved

E-12

Ernest, Joseph
Borough of Metuchen 9/1/2012 10/30/2011 Reconsidered and Denied
Accidental Disability, granted
Ordinary; continue in the OAL

E-13

Montelbano, Damon
Bergen County 1/1/2016 9/29/2014 Approved

E-14

Carrigan, Dean

Passaic County 7/1/2016 4/25/2014 Approved with a one year reexamination

E-15

Mancini, Michael

Evesham Township 1/1/2016 1/1/2015 Approved

E-16

Reichelderfer, Jonathan

Mount Ephraim
Borough
10/1/2015 2/6/2010 Denied Accidental Granted Ordinary

E-17

Collins, Kevin

City of Paterson 11/1/2015 9/29/2014 Approved

E-18

Borelli, Thomas

Secacus Town 5/1/2016 11/15/2014 Approved

E-19

Haws, Jonas

Atlantic City 3/1/2016 8/21/2014 Approved
(Trustee Middlesworth recused)

E-20

DeHayes, Daniela

Ringwood Borough 4/1/2016 6/26/2015 Reconsidered and Denied offer
Deferred
Hearing Request - Approved

E-21

Reid, Jayson

Irvington Township 9/1/2016 12/25/2010 Approved

E-22

Simonetti, Michael

Freehold Township 1/1/2016 9/16/2014 Approved

E-23

Ramirez, Michael



City of Newark 5/1/2016 7/13/2004
9/14/2004
1/30/2012
12/27/2012
12/12/2013
Tabled for IME clarification
(Vote: 8-1; Trustee Barrett nae)



OPEN SESSION

Retirement Issues

F-1 Jackson, Grover - Northern State Prison - Honorable Service
Tabled per member request to seek new legal representation
F-2 Vargas, Alfred - South Woods Prison - Honorable Service
Tabled until July 11, 2016 Board Meeting
   

OPEN SESSION

Hearing Decisions

G-1 Lennon, Barry - Albert C Wagner Youth Correctional Facility -
Appellate Division Decisions Court reversed Board decision and granted Accidental
Disabiity retirement effective September 1, 2011
Noted (Retirement Bureau, Health Benefits)
G-2+

O'Neil, John - Independence Township - Adopted ALJ’s Findings of Fact and Rejected Conclusions of Law.  The Board approved Ordinary Disability retirement benefits effective May 1, 2014.  The Board directed the Secretary to draft a Findings of Fact and Conclusions of Law; noted exceptions.

G-3+ Singer, Amar - Prospect Park Borough - Initial Decision ALJ reaffirmed the
Board's decision denying accidental disability retirement benefits. Exceptions and Reply to
Exceptions.
Adopted ALJ's decision with modification and noted exceptions and reply to exceptions
G-4+ DelValle, Daniel - Passaic County - Initial Decision ALJ affirmed the Board's
decision denying ordinary disability retirement benefits
Adopted ALJ's decision (Trustee Loccke abstained; Trustee Barrett recused)
G-5+ Shalhoub, James - Englewood Cliffs - Resubmission of an OAL
case ALJ affirmed the Board's decision that member is disabled and continue Involuntary
Ordinary Disability
Adopted ALJ's decision (Trustees Loccke, Barrett recused)
G-6 Bartholomew, Christal - Pemberton Twp - Initial Decision ALJ
affirmed the Board's decision denying accidental disability benefits with modification
granting ordinary disability retirement benefits effective December 1, 2013, with exceptions
and reply to exceptions
Adopted ALJ's decision and noted exceptions and reply to exceptions (Retirements, Health
Benefits)
G-7 Varga, Dave - North Brunswick Twp - Appellate Division Decisions
Court upheld Board's decision and denied Accidental Disability Retirement Benefits
Noted
G-8+ Cisrow, Benita - South Woods Prison Dept. of Corrections - Initial
Decision ALJ reversed the Board's decision and granted Accidental Disabililty Retirement
Benefits effective June 1, 2013
Adopted ALJ's decision (Vote: 8-1; Trustee Loccke nae) (Retirements, Health Benefits)
G-9 Kornegay, John - City of Camden - Initial Decision Dismissal
from OAL for agency final disposition
Adopted dismissal (Retirements)
G-10 Kirk, Matthew - Riverton Borough - Initial Decision ALJ upheld
Board's decision and denied Accidental Disability Retirement Benefits. Exceptions and
Reply to Exceptions.
Adopted ALJ's decision and noted exceptions and reply to exceptions
G-11 Kara, Ketchum - Belmar Borough - Appellate Division Decisions
The Court upheld the Board's determination denying Accidental Disability retirement
benefits . In addition the ALJ's conclusion that the Board correctly calculated her retirement
benefits.
Noted
G-12 Hammond, Donald - Dover Town - Initial Decision ALJ reversed
Board's decision and granted Accidental Disability retirement benefits with exceptions and
reply to exceptions
The Board modified the Findings of Fact and rejected Conclusions of Law; the Board noted
the exceptions and reply to exceptions. Vote: 7-2; Trustees Barrett, Colacci nae)
G-13+ Westphal, William - Gloucester Township - Final Administrative
Determinations
Approved
   

OPEN SESSION

Hearing Requests

H-1+ Serrano, Obdulio - Lakewood Township -
Approved
H-2+ DeHayes, Daniela - Ringwood Borough -
1.) Reconsideration - The Board reconsidered and denied
2.) Hearing Request - Approved
H-3 Conyers, Noel - Hudson County - Appeals the Board's imposition
of partial forfeiture of service and salary
Approved
H-4+ Lombardo, John - New Brunswick City - Appeals the Board's denial
of accidental disability retirement benefits
Approved
H-5 Gonzalez-Woods, Marina - Albert C. Wagner Youth Corr Fac - Appeals the
Board's denial of ordinary disability retirement benefits
Approved
H-6+ Kornblau, Michael - Long Port Borough - Appeals the Board's
determination of cancellation of ordinary disability retirement benefits
Denied Hearing request, the Board directed the Secretary to draft a Final Administrative
Determination (Vote: 8-1; Trustee Barrett nae)
H-7 Farlow, Al-Nisa - Mountainview Youth Corr Fac - Appeals the
Board's denial of accidental disability retirement benefits
Approved
H-8 Sholomisky, Johannah - South Woods Prison - Appeals the
Board's denial of accidental disability retirement benefits
Approved
H-9+ Cooper, Valentine - Northern State Prison - Appeals denial of Accidental
Disability retirement benefits
Approved
H-10 Zajkowski, John - City of Newark - Appeals denial of Deferred
Retirement Benefits (ADMINISTRATIVELY REMOVED)
H-11 Ishak, Tambe - Union City -
1.) Appeals denial of request to add additional incident - Approved Hearing
2.) Consolidate with Appeal (Denied AD) currently in OAL - Approved
H-12+ Simpkins, Hal - City of Newark - Appeals the denial of Accidental Disablity
retirement benefits
Approved
H-13 Recinos, Mario - Passaic County -
Reconsidered and denied, the Board directed the Secretary to draft a Final Administrative
Determination (Vote: 5-3; Trustees Barrett, Kaniuk, Bennett nae; Trustee Loccke abstained)
H-14 Cypress, Larry - Edna Mahan Correctional Facility - Appeals denial
of Accidental Disability retirement benefits
Approved
H-15 Todd, Jeffrey - Holmdel Township - Appeals denial of Accidental
Disability retirement benefits
Approved
H-16 Siana, Danielle - Appeals denial of Accidental Disability
retirement benefits
Approved (Trustee Middlesworth recused)
H-17 Wilson, Adrian - Atlantic City - Appeals denial of Deferred retirement benefits
Denied, the Board directed the Secretary to draft a Final Administrative Determination
H-18+ Bonsall, Brian - Vorhees Township - Appeals denial of Accidental
Disability retirement benefits
Approved
H-19+ Lee, Mark - Robbinsville Township - Appeals Forfeiture of service
and salary
Reconsidered and remove forfeiture (Retirements, Audit Unit)
   


OPEN SESSION

Active Membership Issues

None
   


OPEN SESSION

Death Claim Issues

  None
   


OPEN SESSION

Informational Issues

L-1 Trial Balance For March 31, 2016
Tabled for further review
L-2 Appellate Division Decisions Robert Suy Ho Go vs. PERS
Noted
L-3 Appellate Division Decisions Thomas Logue vs. SPRS
Noted
L-4 Appellate Division Decisions Jane Feigenbaum vs. PERS
Noted
L-5 Appellate Division Decisions Sandra Wilson vs. TPAF
Noted
L-6 Appellate Division Decisions George Elliot vs. PERS
Noted
L-7 Wire Transfers Non-Contributory Group Insurance Policy #14800 Benefit Claims for the
month of March 2016
Noted
L-8 Common Pension Fund E as of February 29, 2016
Noted
L-9 Common Pension Fund E as of March 31, 2016
Noted
L-10 Appellate Division Decisions TPAF In the Matter of Eric Levinson
Noted
L-11 Common Pension Fund D as of April 30, 2016
Noted
L-12 Wire Transfers Non-Contributory Group Insurance Policy #14800 Benefit Claims for the
month of April , 2016
Noted
L-13 Trial Balance for April 30, 2016
Noted
L-14= Trustee Election 2016 Retired Timeline
Noted
   

OPEN SESSION

Reports

M-1= Outside Legal Counsel Invoice for April 30, 2016
Approved (Trustee Culliton and DAG Schimmel recused)
M-2= Outside Legal Counsel Invoice for May 31, 2010
Approved (Trustee Culliton and DAG Schimmel recused)
   

 

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

The next meeting of the Board will be held on July 11, 2016.

 

 
 
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