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POLICE AND FIREMEN'S RETIREMENT SYSTEM
AUGUST 3, 2009
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 2009 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 18, 2008.

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 Deferred - none Special Totals


OPEN SESSION


Called to Order: 10:08 AM

Adjourned: 1:52 PM

Roll Call:

Marty Barrett; Fred Beaver; Laurel Brennan; Vince Foti; Sherryl Gordon; Wayne Hall; Frank Leake; Richard Loccke; Richard Mikutsky; John Sierchio


Absent: Mark Kandrac

Also Present: DAG Kellie Pushko; Wendy Jamison; Lisa Pointer; Sharon Palmer; Virginia Martucci; Marylou Mayoros; Mark Schwedes; Ruth Winters; Craig Gumpel, Esq.; Anthony Ambrose; Regina Herz; Adam Tietchen; Gerald Gordon, Esq.; John Hodavance; Paul Kleinbaum, Esq.; Joseph Verycken; Sultan Muhammad; Anthony Bellanca; William Claxton, Esq.; Tim Mack; Sharon Mack; Matthew Petrillo


OPEN SESSION

Minutes

Minutes from the meeting of July 13, 2009
Approved w/modification (Trustee Gordon abstained)


OPEN SESSION

Miscellaneous Issues 

None



OPEN SESSION


Retirement and Death Lists

C-1=

Retirement List
Approved

C-2= Chapter 104 PFRS
Approved


CLOSED SESSION

Ordinary Disability   

.

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE DATE

DECISION

D-1

(+) Mack, Tim


South Woods Prison

1/1/2009

Involuntary Approved

D-2 Hess, Dawn
Edna Mahan Corr.
9/1/2008
Resubmission Chapter 428
Approved
D-3 Monthly OD Grid  
8/1/2009
Daniels, Gregory - Newark City
(effective 7/1/09)
Rocca, Michael - Middlesex County
(effective 7/1/09)
(+) Roman, Jeffrey - Elizabeth City
(effective 5/1/2009)
Schwindt, William H. Jr. - Bloomfield
Township
(effective 8/1/09), Approved
(Trustee Loccke recused on Rocca
Trustee Sierchio recused on
Schwindt)


CLOSED SESSION

Accidental Disability

..

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE DATE

ACCIDENT
DATE

DECISION

E-1

Silva, Erik

Newark Police Dept.
4/1/2007
8/7/2005
Denied Accidental, Continue Ordinary. Case remains in OAL
(DAG Pushko recused)

E-2

Link, Kenneth

Florence Towship
7/1/2009
7/8/2007
Denied Accidental Granted Ordinary
or offer Special whichever produces
the higher benefit
(Vote: 9-1; Trustee Hall nae)

E-3

Johnson, John


Newark Police Dept.
3/1/2009 
8/6/2007
Denied Accidental, Offer Deferred

E-4

Douglas, Kenneth
City of Newark
7/1/2009
2/10/2004
5/15/2006
4/23/2008
Denied Accidental Granted Ordinary

E-5

Finneman, Leonard
City of Camden
8/1/2009
7/16/2007

Tabled for clarification from the IME regarding the issue of total and permanent.

E-6

Freyberger, Derek
Midstate Correctional Facility
3/1/2009
3/20/2008
Denied Accidental, Offer Deferred

E-7

Mandap, Phillip
Department of Corrections
1/1/2009
11/2/2007
Denied Accidental, Withdrawal only
or return to work

E-8

Houston, Todd
North Hudson Reg Fire and Rescue
8/1/2008
12/5/2006
Approved

E-9

Matthews, Wayne
City of Camden
8/1/2009
7/8/2004
Approved
(Vote: 9-1; Trustee Mikutsky nae)

E-10

(+) Muhammad, Sultan
Dept of Corrections (Yardville)
11/1/2008 
10/16/2007
Denied Accidental Granted Ordinary
(Trustees Gordon, Brennan recused)

E-11

O'Connell, Joseph
Bergen County
6/1/2009
3/7/2008
Approved

E-12

Torres, Norberto
Borough of Penns Grove
7/1/2009 
3/16/2007
Tabled for additional information regarding the incident

E-13

(+) Verycken, Joseph
UMDNJ
9/1/2009
2/21/2008
Approved

E-14

Zelauskas, Charles
Township of  Burlington
3/1/2009 
5/9/2007
Tabled for clarification from the IME

E-15

Pinsky, Cherry
  
Department of  Corrections
4/1/2009
8/24/2007
Approved
(Vote: 7-3; Trustees Foti, Loccke, Barrett nae)
E-16 O'Brien, Terrance
Twp. of South Orange
8/1/2009
1/21/2008
Approved
(Trustee Mikutsky recused)
E-17 (+) Bellanca, Anthony
East Jersey State Prison
8/1/2008
11/16/2005
Denied Accidental Granted Ordinary
E-18 Simon, Robert
Borough of Surf City
9/1/2005 
11/17/2002
12/22/2003
3/5/2004
Denied Accidental, continue Ordinary. Case remains in OAL.
(DAG Pushko recused)
E-19 (+) Petrillo, Matthew
  
Twp. of East Brunswick
2/1/2009
5/28/2008
Approved
E-20 Troutman, Mark
           
Howell Twp.
9/1/2009 
8/6/2007
Approved
E-21 Hilliard, Mark
Southern State Corr. Facility
8/1/2009
10/25/2007
Tabled for clarification from the IME


OPEN SESSION

Retirement Issues

F-1+

Ambrose, Anthony - Newark City -
Denied the request for non re-enrollment in PFRS as the position is in a PFRS covered title and requires mandatory re-enrollment.
Request for implementation on prospective basis - Refer to Division for processing
Request for stay until the appeal is decided - Approved (Vote: 7-2; Trustees Foti, Sierchio
nae; Trustee Loccke recused)

F-2
Berreman, Ronald - State Parole Board - Deferred Retirement
Denied
F-3

Hickson, Josh - Teaneck Township - Deferred Retirement
Denied (Trustees Loccke, Foti recused)

F-4+

Tietchen, Adam - Edison Township -
Honorable Service - Partial forfeiture of service and salary from February 3, 2008 to the end of employment.
Special Retirement - Approved effective 6/1/2009 (Retirement Bureau)



OPEN SESSION

Hearing Decisions

G-1

Repa, Joseph - City of Camden - Initial Decision ALJ reversed Board's decision and granted Accidental Disability retirement benefits
Adopted the ALJ's decision and granted Accidental Disability retirement benefits effective 2/1/08 (Retirement Bureau)

G-2

Chernavsky, Daniel - Holmdel Township - Initial Decision ALJ affirmed Board's decision denying Accidental Disability retirement benefits
Adopted the ALJ's decision denying Accidental Disability retirement benefits. Noted the exceptions and reply to exceptions. (DAG Pushko recused)

G-3

Hodavance, John - Hillside Township - Reconsideration of an OAL case on the issue of whether the incident occurred during and as a result of the member's regular and assigned duties
Pursuant to the remand, the Board determined, based on additional information from the DAG and in view of additional information provided by counsel, to reverse the prior decision of the Board and now finds that the incident did not occur during and as a result of the member's regular and assigned duties. The case continues in OAL. (Vote: 7-2; Trustees Foti, Barrett nae; Trustee Gordon not present)

G-4+

Penuel, Scott - Pitman Borough - Initial Decision ALJ reversed Board's decision and granted Accidental Disability retirement benefits
Adopted the ALJ's decision and granted Accidental Disability retirement benefits effective 6/1/07 (Retirement Bureau)

G-5

Russo, Craig - Northern State Prison - Initial Decision ALJ reversed Board's decision and granted Accidental Disability retirement benefits
Adopted the ALJ's decision and granted Accidental Disability retirement benefits effective 2/1/06 (Retirement Bureau) (DAG Pushko recused)

G-6

Elco, Peter - Pleasantville City - Initial Decision ALJ reversed Board's decision and granted Accidental Disability retirement benefits
Adopted the ALJ's decision with modification and granted Accidental Disability retirement benefits effective 4/1/08 (Retirement Bureau)



OPEN SESSION

Hearing Requests

H-1
Mack, Kelvin - Burlington County -
Reconsideration - Denied
Appeals denial of Accidental Disability retirement benefits - Approved
H-2
Ballard, John - Neptune Township - Appeals Denial of Accidental Disability Retirement Benefits
Approved
H-3

Baxter, Kevin - Dept. of Corrections Vroom-Jones Farm - Appeals denial of Accidental Disability retirement benefits.
Approved

H-4
Delcollo, Gino - Hudson County - Appeals denial of Deferred retirement benefits
Approved
H-5

Murphy, Patrick - Albert C. Wagner Youth Corrections Facility -
Appeals denial of Accidental Disability retirement benefits
Approved



OPEN SESSION

Active Membership Issues

J-1

None



OPEN SESSION

Death Claim Issues

K-1

None



OPEN SESSION

Informational Issues

L-1

Trial Balance as of May 31, 2009
Noted

L-2
Common Pension Fund E as of December 31, 2008
Noted
L-3
Common Pension Fund A as of February 28, 2009
Noted
L-4
Common Pension Fund D as of February 28, 2009
Noted
L-5
Common Pension Fund A as of December 31, 2008
Noted
L-6

Common Pension Fund A as of January 31, 2009
Noted

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

The next meeting of the Board will be held on September 21, 2009.

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Last Updated: August 5, 2009