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POLICE AND FIREMEN'S RETIREMENT SYSTEM
JULY 9, 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 - none Special Totals


OPEN SESSION


Called to Order: 10:10 a.m.

Adjourned: 2:20 p.m.

Roll Call:

Fred Beaver; Dennis Connelly; Vince Foti; Sherryl Gordon; Mark Kandrac; Frank Leake; Richard Loccke; Rich Mikutsky; Tom Murphy; John Sierchio


Absent: Nicole Fava

Also Present: DAG Christine Lucarelli
   
Division Staff:

Wendy Jamison; Gail Griffin; Virginia Martucci; Marylou Mayoros; Mark Schwedes

   
Members, Counsel, Employers, Consultants:
 

John Feeley, Esq.; Cody Hager; Donald Souders, Esq.; Vincent Negri; Frank Snyder; Lenin Simicich; Donna Simicich; Regina Herz; Edward Estok; Leopoldo Lopez; Michael Trezza; Rosemary Lucarelli; Thomas Verdon; Ralph Lamparello, Esq.; Richard Rovito; Steven Kossup, Esq.; Lynette Butler; Frank Crivelli, Esq.; Cheryl Clark, DAG

Union Groups, etc.:
  George Borek, IAFF; Steve Eckel, FOP


OPEN SESSION

Minutes

Minutes from the meeting of June 11, 2007 - Approved


OPEN SESSION

Finance

A-1 Common Pension Fund A as of April 30, 2007 - Approved
A-2 Common Pension Fund B as of April 30, 2007 - Approved
A-3 Common Pension Fund D as of April 30, 2007 - Approved
A-4 Trial Balance as of May 31, 2007 - Approved
A-5 Common Pension Fund A as of May 31, 2007 - Approved
A-6 Common Pension Fund B as of May 31, 2007 - Approved


OPEN SESSION

Miscellaneous Issues

B-1

Reorganization of Board Members
Chairperson - John Sierchio
Vice Chairperson - Richard Mikutsky
2nd Vice Chairperson - Mark Kandrac
State Investment Council - Mark Kandrac
Actuary Selection Committee - Vince Foti



OPEN SESSION

Retirement and Death Lists

C-1

Active and Retired Death Lists - Approved

C-2

Retirement List - Approved



CLOSED SESSION

Ordinary Disability   


 
Member Name,
Number
Employer
Effective Date
Board's Decision

D-1

Kvederas, Brian

Morristown Township
7/1/2006
1. Approved Reconsideration
(Vote: 6:3: Trustees Beaver; Foti, Murphy: Nae)
2. Reaffirmed original determination denying Accidental Disability
(Vote: 8:1: Trustees Kandrac: Nae)
3.  Hearing request - Approved
(Trustee Mikutsky  recused on this agenda item)

D-2
Hernandez, Freddie

Newark Police 4/1/2007 Approved Involuntary Ordinary Disability

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 July 1, 2007 and earlier.

Member's Name

Effective Date

P/F

Employer

Berrieum, Marsel L

08/07

P

Newark City

Farner, Scott

02/07

P

Long Beach Township

Hagel, Matthew

11/06

P

Essex County

Horton, Dawn D

10/06

P

Northern State Prison

Jefferson, Angela R

04/07

P

Dept Of Corrections

Jr, James Johnson

07/07

P

Garden St Recp & Youth Corr Ctr

Lonergan, Kevin M

08/07

P

Scotch Plains Township

Small, Jan M

04/07

P

Juv. Jus. Comm./NJ Train Sc

Teal, Glenn M

08/07

P

Monmouth County/Hall Of Records

Total = 9


CLOSED SESSION

Accidental Disability


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

E-1

Hager, Cody
Mountainview Youth Correctional Facility
10/1/2003
6/24/1997
9/11/2001
7/10/2003
Y
Y
Y
N
N
N
Y
N
N
N
Denied Accidental Disability; continue Ordinary Disability

E-2

Negri, Vincent
City of Newark
4/1/2001
9/5/2006
Y
N
N
Approved reconsideration
a.  Reconsidered & reaffirmed previous decision denying Accidental Disability; continue Ordinary Disability
b. Approved hearing request

E-3


Snyder, Frank
Essex County
1/1/2007
9/7/2006
Y
T
T
. Tabled for add’l information; granted interim Ordinary Disability

E-4
Foster, Raymond
Bordentown Township
2/1/2007
3/5/2002

Y
N
Y
.
Denied Accidental Disability; granted Ordinary Disability

E-5
Glorioso, Nicholas
Dept. of Corrections
2/1/2006 
12/3/2005
Y
Y
N
.
Denied Accidental Disability; granted Ordinary Disability
(Vote: 9:1: Trustee Connelly: Nae)

E-6
DeVincenzo,
Essex County
6/1/2007
7/17/2006
Y
Y
N
.
Denied Accidental Disability; granted Ordinary Disability
(Trustees Loccke and Foti recused)<

E-7
Hargrove, Samuel
Bd. Of Chosen Freeholders
6/1/2006 
11/30/2005
Y
Y
N
Denied Accidental Disability; granted Ordinary Disability
(Trustee Foti abstained; Trustee Loccke recused)

E-8
Simicich, Lenin
Palisades Interstate Park Commission
4/1/2007
10/8/2005
Y
Y
Y
.
Approved

E-9
Estock, Edward
New Jersey State Prison
2/1/2007 
6/29/2004
2/9/2005
10/16/2005
Y
Y
Y
Y
Y
Y
N
N
N
.
Denied Accidental Disability; granted Ordinary Disability

E-10
Lopez, Leopoldo
Riverfront State Prison
6/1/2006
4/15/2005
Y
N
N
.
Denied Accidental Disability; continue Ordinary Disability



OPEN SESSION

Retirement Issues

F-1+
Trezza, Michael - Orange City - Honorable Service - Total forfeiture
F-2

Pomponio, Ronald - City of Newark - Honorable Service - Postponed per attorney’s request

F-3

Glover, Mario - Garden State Youth Correctional Facility - Honorable Service - Partial forfeiture of service and salary from 1/06 through termination; approved Service retirement effective 3/1/07 (Retirement Bureau)

F-4

Miller, Darrell - Essex County - Honorable Service - Total Forfeiture; denied Deferred retirement; removed for cause (Trustees Loccke and Foti recused)

F-5

Verdon, Thomas - Jersey City - Suspension of Pension - Continue pension for 90 days to see if legal issues are resolved

F-6+

Rovito, Richard - Weehawken Township - Honorable Service - Total forfeiture; Denied Deferred retirement; removed for cause (Trustees Foti and Loccke recused)

F-7

Ceres, Lawrence - City of Somers Point - Denied fiancée’s request for dependency; refer to Division to review terms of the court order; notify Probation Department (Retirement Bureau)

F-8

Unger, John - Waldwick Police Department - Honorable Service - No forfeiture; approved Special Retirement effective 1/1/07 (Retirement Bureau)



OPEN SESSION

Hearing Decisions   

G-1

Emde, Edward - City of Trenton - Hearing Withdrawals - Noted

G-2

Jaslow, Denis - East Jersey State Prison - Hearing Withdrawals - Noted

G-3

Trimmer, Matthew - Juvenile Justice Commission - Findings of Fact, Conclusions of Law - Approved w/changes

G-4

O'Neal, Deborah - Midstate Correctional Facility - Initial Decision - ALJ upheld the Board's denial of accidental disability due to no traumatic event - Adopted

G-5

Richardson, Viola - Jersey City - Initial Decision - ALJ reversed the Board's decision and approved accidental disability retirement benefits effective 7/1/02 - Adopted (Retirement Bureau)

G-6+

Butler, Lynette - William Paterson Univ of NJ - OAL Case - Refer to OAL on the issue of emergency relief in accordance with the Administrative Code.

G-7

Class, Juan - Garden State Recp & Youth Corr Center - Appellate Division Decisions - The Court determined that the incident was a traumatic event and granted accidental disability effective 1/1/05 - Noted; The Board urges the Attorney General’s office to file an appeal in this matter and to advise the Board in writing as to the status. (Retirement Bureau)

G-8

Keenan, Dennis - City of Trenton - Appellate Division Decisions -
Abraham Hemsey
Court upheld Board's decision to require re-enrollment in PFRS for both Keenan and Hemsey - Noted
Court reversed the Board's decision an determined that Keenan did not have to repay the retirement benefits already received - The Board urges the Attorney General’s office to file an appeal in this matter and to advise the Board in writing as to the status.   
Court upheld the Board's decision that Hemsey must repay the retirement benefits already
received  - Noted

G-9

Muscarella, Conrad - Essex County - Initial Decision - reconsideration
with exceptions - ALJ upheld the Board's denial of accidental disability - Reconsidered and adopted; noted exceptions

G-10

Brown, Michael - City of Millville - Initial Decision - The ALJ dismissed Michael Brown's hearing to appeal the denial of accidental disability benefits - Adopted

G-11

Callahan, Thomas - Union City - Initial Decision - The ALJ upheld the Board's denial of accidental disability - Adopted (Trustee Loccke recused)

G-12

Czarnecki, Robert - City of Trenton - Appellate Division Decisions - The Court upheld the Board's denial of accidental disability - Noted (Trustees Foti and Kandrac recused)



OPEN SESSION

Hearing Requests

H-1

Moffa, Anthony - Atlantic County - Appeals the Board's denial of Accidental Disability - Approved

H-2

Tupper, Kevin - South Woods Prison - Appeals the Board's denial of Accidental Disability - Approved



OPEN SESSION

Active Membership Issues

J-1

Request to Purchase - Jersey City Fire Department - Denied
a. Wilfredo Rodriguez
b. Joseph Carter Jr.
c. Christian Fink  
d. Harry Kawoczka  



OPEN SESSION

Informational Issues

L-1

Appellate Division Decisions regarding Helen F. Pirrello vs. PERS - Noted

L-2
Appellate Division Decisions Anthony Barkett vs. TPAF - Noted
L-3
PFRS Mortgage Statements/Memos - Noted

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

The next meeting of the Board will be held on August 13, 2007.

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

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Last Updated: July 10, 2007