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Pensions and Benefits
POLICE AND FIREMEN'S RETIREMENT SYSTEM
JULY 12, 2010
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 2010 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 18, 2009. A change in the meeting date from June 14, 2010 to June 7, 2010 was mailed on April 13, 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 (18K) Totals Adobe PDF (8K)


OPEN SESSION


Called to Order: 10:05 AM

Adjourned: 3:02 PM

Roll Call:

Marty Barrett; Laurel Brennan; Susanne Culliton; Vince Foti; Sherryl Gordon (left 11:30); Wayne Hall; Richard Leake; Richard Loccke (left 2:36); Richard Mikutsky; Mike Postorino; John Sierchio


Absent: NONE

Also Present: DAG Kellie Pushko; Wendy Jamison; Lisa Pointer; Sharon Palmer; Virginia Martucci; Marylou Mayoros; Valerie McManus; John Megariotis; Florence Sheppard; Jan Nelson; Maryann Ryan; Mark Schwedes; Jackie Bussanich; Mary Ellen Rathbun; Mark Kandrac; Walt Kane (News 12); Steve Kass (News 12); George Borek, IAFF; Patrick Nufrio; Bradley Stockelberg; Barry Halpern; David Beckett, Esq.; Chief Jon Shelly, Charles Antrilla; Edward Slimm; Timothy Higgins, Esq.; Mike Czyzyk; Chief Lamansky; Marie Griffin; James Brazofsky; Andrea Brazofsky; Kevin Anderson; John Feeley, Esq.; Mike Herbert, Esq.; Christopher Babcock; Craig Gumpel, Esq.; Wendy Richards; James Richards; Richard Byrne; Wolodymyr Tyshchenko; Kevin Schlussel; Jaime Schlussel; William Beattie; Michael A'Hearn, Esq.


OPEN SESSION

Minutes

Minutes from the meeting of June 7, 2010
Approved (Trustees Postorino; Gordon abstained)

Minutes from the meeting of June 7, 2010
Approved Executive Session Minutes. (Trustees Postorino; Gordon abstained)


OPEN SESSION

Miscellaneous Issues

B-1

Police and Firemen's Retirement System List of Officers Fiscal Year 2011 - Beginning July
1, 2010.
Approved
John Sierchio - Chairperson
Richard Mikutsky- First Vice Chariperson
Wayne Hall - Second Vice Chairperson
Vince Foti - Representative to the Actuary Selection

B-2
PFRS Trustees responsible to make motions for the Board Meeting effective July 2010.
Approved
B-3
Discuss Final Adoption of PFRS creditable compensation regulation (NJAC 17:4-4.1).
Request AAG Bender put in writing his oral opinion from 10/15/09 Board meeting. Request
AG's office advise the Board what specific aspects of the rule the office disagrees with the
Board. Board desires to work together to change the rule so it is mutually acceptable. The
Board noted the AG's opinion is pending review in the Governor's office.


OPEN SESSION

Retirement and Death Lists

C-1

Active and Retired Death Lists
Approved

C-2
Chapter 104 PFRS
Approved
C-3=
Retirement List
Approved



CLOSED SESSION

Ordinary Disability

 

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE DATE

DECISION

D-1 Mood, Jeffrey


Lumberton Twp. Police Dept.
10/1/2007
Reinstatement from Disability Retirement Approved
D-2 Tuhy, Susan

Dept. of Corrections
10/1/2009
Honorable Service - Partial forfeiture of service and salary from March 2006 to the end of employment.
Ordinary Disability - Approved
D-3 Bernhard, Melody

Long Beach Township
9/1/2009
Approved with a 1 year re-exam
(Trustee Foti abstained)
D-4 Winowkski, Richard
Township of Irvington
4/1/1994
Reinstatement from Disability Retirement Denied
D-5 Monthly OD Grid   
7/1/2010
Approved
Glenn,Dorothy - Edna Mahan Cor Fac for Women effective - February 1, 2010
Hughes-Berry, Aretha - State Parole Board - Effective - March 1, 2010
Montanez, Jose - Hudson County - Effective - May 1, 2010
Nodes, Scott - Hunterdon County - Effective - April 1, 2010
Roohr, Robert - Albert C Wagner YCF - Effective - June 1, 2010
Rosario, Jorge - Mercer County - Effective June 1, 2010
Simpson, Denise - Newark City - April 1, 2010
Stem, Barry - Mountainview YCF - Effective July 1, 2010



CLOSED SESSION

Accidental Disability

 

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE DATE

ACCIDENT
DATE

DECISION

E-1

(+) Brazofsky, Andrea

Borough of Westwood
3/1/2010
4/6/2003
Approved

E-2

Lohmus, Agatha

Morris County
7/1/2010
1/17/2009
Tabled for additional information.
(Attorney not present for vote)
(Trustee Sierchio recused)

E-3

Gonzalez, Carlos

Union City Police Department
3/1/2010
8/26/2006
Approved
(Trustee Loccke recused)

E-4

Milano, Marina

Hudson County
2/1/2009
3/22/2005
Denied Accidental Granted Ordinary
(Vote: 8-2; Trustees Culliton, Brennan nae)

E-5

Morey, Lee

Borough of Harvey Cedars
2/1/2010
2/13/2009
Denied Accidental, Withdrawal only

E-6

(+) Beattie, William

Atlantic City
2/1/2010
1/6/2009
Approved

E-7

Cyphers, Jennifer

Burlington County/Payroll Dept.
9/1/2007
4/15/2007
Approved reinstatement from disability

E-8

Ciccolella, Giovanni

East Jersey State Prison
2/1/2010
1/20/2009
Denied Accidental granted Ordinary
(Vote: 9-1; Trustee Hall nae)

E-9

Burris-Nikolopoulos, Rachel

West Orange Township
12/1/2008
7/20/2006
Reconsideration of an OAL case
Reconsidered and Approved
Accidental. Withdraw matter from the OAL.

E-10

Barber, Frank
City of Perth Amboy
8/1/2010
8/5/2006
Denied Accidental Granted Ordinary pending receipt of resolution from employer for Chapter 428 benefits

E-11

Mayo, Brian
Middlesex County
7/1/2007
8/20/2004
Reconsideration of an OAL case
Denied Accidental continue collecting Ordinary Disability. Case remains in the OAL.

E-12

(+) Anderson, Kevin
West Windsor Township
8/1/2008
11/27/2005
Approved with partial forfeiture of service as delinated in the Board's previous decision from 12/09.
(Vote: 8-1; Trustee Loccke nae; Trustee Culliton recused)

E-13

(+) Babcock, Christopher
City of Paterson
7/1/2010
11/6/2008
Approved
(Trustee Postorino recused)

E-14

Markart, Robert
Eastampton Township
4/1/2010
12/24/2008
Approved

E-15

Lapooh, Bryan
Little Falls Township
8/1/2010
12/19/2008
Approved

E-16

(+) Boggio, Lisa

Passaic County
8/1/2010
6/12/2009
Approved
(Trustee Loccke recused)

E-17

(+) Byrne, Richard
Township of Denville
8/1/2010
6/26/2008
Approved

E-18

(+) Richards, James
Piscataway Township
4/1/2010
11/20/2007
Approved

E-19

DeRose, John

Mountain View Youth Correction Facility
9/1/2010
7/18/2008
Denied Accidental Granted Ordinary
(Vote: 7-2; Trustees Sierchio, Hall nae)

E-20

Barthel, Charles

Park Ridge Borough
8/1/2010
1/1/2009
Approved

E-21

Benson, Victoria

Township of Denville
4/1/2010
6/26/2008 8/20/2008
5/19/2009
Denied Accidental Granted Ordinary

E-22

Paterno, James


Belleville Township
5/1/2010
5/14/2009
Approved (Attorney not present for vote)
(Trustee Sierchio recused)

E-23

(+) Schlussel, Kevin

Berlin Borough
2/1/2010
3/1/2009
Approved


OPEN SESSION

Retirement Issues

F-1+

Nufrio, Patrick - Belleville Township - Honorable Service
Partial forfeiture of service and salary from February 2008 to the end of employment on a
prospective basis. (Retirement Bureau)

F-2+
Halpern, Barry - Irvington Township -
Honorable Service - Partial forfeiture of 18 months of service and salary from November
2005 until the end of employment.
Service - Approved effective May 1, 2010 (Retirement Bureau)
F-3+
Stockelberg, Bradley - Clinton Township -
Honorable Service- Partial forfeiture of 2 months of service and salary from January 2008 to
the end of employment (Vote: 9-1; Trustee Culliton nae)
Service - Approved effective September 1, 2009 (Retirement Bureau)


OPEN SESSION

Hearing Decisions

G-1
Goode, Brian - Keansburg Borough - Appellate Division Decisions Karen Goode,
as Administratrix of the Estate of Brian Goode vs PFRS.
Noted
G-2
Fazzari, Fabian - Orange City - Initial Decision ALJ reversed
Board's decision and granted Accidental Disability retirement benefits.
Rejected ALJ's decision, noted exceptions and reply to exceptions. The Board directed the
Secretary to draw up the Final Administrative Determination.
G-3
Grier, Karen - Essex County - Hearing Withdrawals
Noted
G-4
Owens, Douglas - Passaic County - Initial Decision ALJ upheld the Board's
decision and deteremined total forfeiture of Petitioner's Service Credit
Adopted ALJ's decision, noted exceptions and reply to exceptions.
G-5
Warner, Stephen - Passaic County - Initial Decision ALJ upheld
the Board's decision and denied Accidental Disability retirement benefits.
Adopted ALJ's decision, noted exceptions and reply to exceptions.
G-6
Ventura, Rocco - Lakewood Township - Initial Decision ALJ
dismissed contested case.
Adopted ALJ's decision. (DAG Pushko recused)
G-7
Ingram, Robert - South Woods Prison -Dept. - Initial Decision ALJ upheld the Board's decision and denied Accidental Disability retirement benefits.
Adopted ALJ's decision. (DAG Pushko recused)


OPEN SESSION

Hearing Requests

H-1
Kemp, Christineann - Harrison Township - Appeals denial of Accidental Disability
retirement benefits.
Approved
H-2
Garcia, Mary - Hudson County - Appeals denial of Accidental Disability retirement
benefits.
Approved



OPEN SESSION

Active Membership Issues

J-1+

Antrilli, Charles - Oaklyn Borough - PTC Appeal: Request to continue
contributions while attending training.
Motion to approve continuation of pension contribution failed to carry. (Vote: 5-5; Trustees Culliton, Foti, Leake; Mikutsky; Postorino nae) Tabled pending letter from PTC regarding qualification for waiver.

J-2+
Slimm, Edward - Lindenwold Borough - PTC Appeal: Request to continue
contributing while attending training.
Motion to approve continuation of pension contribution failed to carry. (Vote: 5-5; Trustees Culliton, Foti, Leake; Mikutsky; Postorino nae) Tabled pending letter from PTC regarding qualification for waiver.


OPEN SESSION

Death Claim Issues

K-1

Jones, Edward - Essex County - Request for Dependency (after
Member's death.)
Denied (Vote: 6-3; Trustees Hall, Mikutsky, Barrett nae)

K-2+
Morgan, Nigel - City of Vineland - Request Special needs Trust for monthly benefits.
Denied (Vote: 9-1; Trustee Barrett nae)


OPEN SESSION

Informational Issues

L-1
Trial Balance as of March 31, 2010.
Noted
L-2
Common Pension Fund A as of January 31, 2010.
Noted
L-3
Common Pension Fund B as of January 31, 2010.
Noted
L-4
Common Pension Fund A as of February 28, 2010.
Noted
L-5
Common Pension Fund B as of February 28, 2010.
Noted
L-6
Common Pension Fund A as of March 31, 2010.
Noted
L-7
Common Pension Fund B as of March 31, 2010.
Noted
L-8
Trial Balance as of April 30, 2010.
Noted
L-9
L-9  Intentionally deleted
L-10
Explanation of Interest Earned on Cash Management Account.
Noted
L-11
PFRS Mortgage Statements/Memos
Noted

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

The next meeting of the Board will be held on August 9, 2010.

 
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