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POLICE AND FIREMEN'S RETIREMENT SYSTEM
August 13, 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 Special Totals


OPEN SESSION


Called to Order: 10:05 a.m.

Adjourned: 4:05 p.m.

Roll Call:

Dennis Connelly; Susanne Culliton (as State Treasurer representative); Nicole Fava; Vince Foti; Sherry Gordon; Mark Kandrac; Richard Loccke; Rich Mikutsky; Tom Murphy; John Sierchio


Absent: Frank Leake

Also Present: DAG Christine Lucarelli
   
Division Staff:

Wendy Jamison; Gail Griffin; Virginia Martucci; Marylou Mayoros; Mark Schwedes; Kathy Coates; Mary Ellen Rathbun; Fred Beaver; Jackie Bussanich; Sharon Palmer

   
Members, Counsel, Employers, Consultants:
 

Ras Sheppard; Peter Prokofiew; Carl Jackson; David Salvatore; George Dougherty, Esq.; Joseph Taglieri; William Claxton, Esq.; John Ramos; Lt. Hanley; Michael Willis, Esq.; Diomedes Valenzuela; Noah Romano; Michael Disbrow; Keith Kemery; Kevin Keddy

Union Groups, etc.:
  Regina Herz


OPEN SESSION

Minutes

Minutes from the meeting of July 9, 2007 - Approved
(Trustee Culliton abstained)


OPEN SESSION

Finance

A-1 Common Pension Fund D as of May 31, 2007 - Approved
A-2 Common Pension Fund A as of June 30, 2007 - Approved
A-3 Common Pension Fund B as of June 30, 2007 - Approved
A-4 Common Pension Fund E as of December 31, 2006 - Approved


OPEN SESSION

Miscellaneous Issues

B-1

Chapter 204 PFRS Title Review - Approved



OPEN SESSION

Retirement and Death Lists

C-1

Active and Retired Death Lists for 7/24/07 - Approved nd Retired Death Lists

C-2 Chapter 104 PFRS - Approved
C-3

Retirement List - Approved (Trustee Connelly recused)



CLOSED SESSION

Ordinary Disability   


..
Member Name,
Number
Employer
Effective Date
Board's Decision

D-1

Gagnon, Trisha

Environmental Protection
7/1/2007
Approved Invol. Ordinary Disability, C. 428

D-2
Sheppard, Ras
City of Newark 5/1/2005 Approved Reinstatement from Disability Retirement

D-3
Daly, Sean
Town of West New York 2/1/2006 Approved Reinstatement from Disability Retirement

D-4
Martine, James
Cumberland 8/1/2006 Approved Reinstatement from Disability Retirement
(Trustee Loccke recused)

D-5

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 August 1, 2007 and earlier.

Member's Name

Effective Date

P/F

Employer

Cooney, Kevin E

03/07

P

Clementon Borough

Duprey, Richard Lawrence

04/07

P

Teaneck Township

Kelly, Sean C

10/07

P

Monmouth County/Hall Of Records

Klein, Richard J

07/07

P

Clifton City 

Libbrecht, Michael

07/07

P

Passaic County

Maglori, Heather

04/07

P

Jersey City

Marshall, Hellen

08/07

P

Juv. Jus. Comm./Medium Sec. Fac

Oneil, Joseph Jr.

08/07

P

Northern State Prison  

Regan, Damion

02/07

P

Corrections-Adult Diag. & Treat

Rose, Raymond

07/07

P

Juv.Jus.Comm./NJ Train Sc

Ryan, Michael J

06/07

P

Bergen County)

Torres, Miguel A

05/07

P

Dept Of Corrections


D-6
Bunalski, John
    
Irvington Township 7/1/1999 Reconsideration of an OAL case - Approved  reinstatement from Ordinary Disability


CLOSED SESSION

Accidental Disability


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

E-1

Moore, George

Jersey City Police
9/1/2007
3/4/2006
Y
Y
Y
. Approved

E-2

Prokofiew, Peter

Twp. Of Irvington
6/1/2007
12/21/2005
Y
Y
Y
. Approved.

E-3


Pickard, John

Township of Gloucester
9/1/2004
10/27/1994
Y
N
Y
N
1. Honorable Service -
No Forfeiture
2. Denied Accidental Disability; granted Ordinary Disability
Direct Result was denied as member filed at the same time as losing his job. Delayed Manifestation denied  as member did not seek medical treatment until 10 years after the incident

E-4
Servideo, Joseph


County of Bergen
7/1/2005
5/27/2004

T
T
T
.
Reconsideration of an OAL case - Tabled to obtain SSA medical documentation; send for new  Ortho IME (Trustee Kandrac abstained)

E-5
Ryan, Andrew


Town of Kearny
9/1/2007
9/27/2006
Y
Y
Y
.
Approved

E-6
Doran, Anthony

Greenwich Twp Police Department
4/1/2007
7/13/2005
Y
Y
N
.
Denied Accidental Disability; granted Ordinary Disability; c. 428 Traumatic event denied as incident was not unexpected

E-7
Kline, David

Passaic County
7/1/2007
7/25/2000
Y
T
N
T
Tabled direct result and delayed manifestation for add’l information; traumatic event denied as incident was not  unexpected; granted Ordinary Disability
(Trustees Loccke and Foti recused)

E-8
Jackson, Carl

City of Woodbury
3/1/2007
8/19/2005
T
T
T
.
Tabled for reevaluation by IME to apply new criteria established by Richardson v. PFRS case law
(Vote 9:1:Trustee Loccke: Nae)

E-9
Krajniak, Kevin

Borough of South Plainfield
7/1/2007 
11/8/2005
Y
Y
Y
.
Approved

E-10
Serghis, Louis

City of Union City
8/1/2007
8/30/1998
1/16/1999
T
T
T
T
T
T
T
T
Tabled for add’l information  from employer
(Trustee Loccke recused)

E-11
Salvatore, David

City of Trenton Police Department
3/1/2007
10/12/2005
 
Y
Y
Y
.
Approved

E-12
Trimmer, Matthew

Juvenile Justice Commission
10/1/2004
6/23/2003
Y
Y
Y
.
Reconsidered under new criteria established by Richardson v. PFRS case law; approved Accidental Disability

E-13
Kelsey, Aaron

 
City of Trenton
6/1/2007
12/31/2001

Y
Y
N
.
Denied Accidental Disability; granted Ordinary Disability;  traumatic event denied as incident was not unexpected
 (Vote: 6:2:2: Trustees Sierchio and Connelly: Nae; Trustees Foti abstained and Murphy recused)

E-14
Adams, Anderson

Northern State Prison
8/1/2007
4/5/2005
Y
Y
Y
.
Approved

E-15
Montesano, Victor


Essex County
3/1/2006
12/12/2005
Y
N
N
.
Reconsidered and reaffirmed; direct result and traumatic event denied as there is no evidence that incident occurred

E-16
Pasztomyicky, Gary
City of Perth 12/1/2003
2/14/2003
Y
N
Y
.
Denied Accidental Disability; granted Ordinary Disability; direct result denied due to pre-existing medical condition as defined by new criteria established in Richarson v. PFRS case law

E-17
Smith, Linda
NJ State Prison (Dept. of Corrections) 11/1/2006
2/22/2005
N
N
N
.
Denied Accidental Disability; Offered Deferred; denied direct result as member was not considered to be disabled; denied traumatic event as  incident did not occur during  or as a result of the member’s normal course of duties.

E-18
Bickhardt, Edward
Dept. of Corrections Garden State Reception Center 6/1/2007
6/7/2006
T
T
T
.
Tabled for member to be examined by a new IME under the new criteria established by Richardson v. PFRS case law.

E-19
Patounas, Anthony
Dept. of Corrections 1/1/2007
2/3/2005
Y
N
Y
.
Denied Accidental Disability; Continue Ordinary Disability; direct result denied due to pre-existing medical condition

E-20
Whitehead, Kenneth
City of New Brunswick   3/1/2007
5/28/2002
Y
N
N
.
Denied Accidental Disability; Continue Ordinary Disability; direct result denied due to pre-existing condition; traumatic event denied; time and place  was not identifiable and the incident  was not unexpected.
(Vote : 6:3:1: Trustees Connelly; Mikutsky; Gordon: Nae: Trustee Kandrac recused)

E-21
Taglieri, Joseph
City of Hoboken 2/1/2006
12/25/20044
Y
Y
Y
.
Approved

E-22
Walder, Lorna
Env. Protection 11/1/2007
4/1/2006
T
T
T
.
Tabled; employer requested add’l time to pursue alternate duties


OPEN SESSION

Retirement Issues

F-1+

Ramos, John - Hudson County - Honorable Service - Resubmission - Partial Forfeiture of salary only from March 1, 2003 through termination; Approved Service retirement effective December 1, 2005
(Vote: 7:2:1: Trustees Foti and Loccke: Nae: Trustee Fava recused) (Retirement Bureau)

F-2

Romano, Noah - Essex County - Honorable Service - Resubmission - No Forfeiture; Approved Special retirement effective June 1, 2006 contingent upon receipt of documentation that PTI was successfully completed   (Vote: 7:0:3: Trustees Foti; Sierchio; Loccke recused) (Retirement Bureau)

F-3

Valenzuela, Diomedes - Irvington Township - Honorable Service - Tabled for 3 months for member to provide the Board with evidence of pending appeals

F-4

Cipolla, Anthony - Paterson City - Request for dependency - Approved continuation of pension benefits while member is incarcerated; approved reinstatement of retirement check beginning July 1, 2007
(Trustee Loccke recused) (Retirement Bureau)



OPEN SESSION

Hearing Decisions   

G-1

Adamsky, Joseph - Hanover Township - Initial Decision with exceptions - ALJ upheld the Board's decision to deny Accidental Disability due to no traumatic event - Tabled for DAG to file reply to exceptions

G-2

City of Asbury Park - Appellate Division Decision in the matter of Michael Disbrow v. PFRS Board - Approved enrollment in PFRS per court decision
(Vote: 7:0:3 Trustees Culliton; Loccke; Foti abstained)
(Enrollment Section)

G-3

Richardson, Stewart - South Woods Prison - Supreme Court Decisions - The Court reversed the Board's decision and granted Accidental Disability - Noted

G-4

Riccie, Ronald - West New York Town - Appellate Division Decisions - Court affirms the Board's decision to forfeit partial service - Noted



OPEN SESSION

Hearing Requests

H-1

Wright, David - City of Trenton - Appeals the Board's decision to deny Accidental Disability - Reconsidered under the new criteria established by the Richardson v. PFRScase law and affirmed original decision; approved hearing request



OPEN SESSION

Active Membership Issues

 

None


OPEN SESSION

Death Claim Issues

K-1

Dinger, Michael - Clifton City - Accidental Death - Denied

K-2

Preslar, William - Lakewood Township - Accidental Death - Approved
(Trustees Loccke and Foti abstained) (Beneficiary Services)


OPEN SESSION

Informational Issues

L-1

Wire Transfers Non - Contributory Group Insurance Policy #14800 Benefit Claims for June 2007 - Noted

L-2
PFRS Mortgage Statements/Memos - Noted
L-3
Board Member Address List - Noted
L-4 State Investment Council Minutes as of May 17, 2007 - Noted

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

The next meeting of the Board will be held on September 10, 2007.

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Division of Pensions and Benefits
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Last Updated: August 15, 2007