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Pensions and Benefits
POLICE AND FIREMEN'S RETIREMENT SYSTEM
AUGUST 5, 2013
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 2013 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 12, 2012.

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 (21K) Totals Adobe PDF (8K)


OPEN SESSION


Called to Order: 10:01 AM

Adjourned: 1:10 PM

Roll Call:

Marty Barrett; Tim Colacci; Susanne Culliton; Vince Foti; Wayne Hall; Frank Leake; Richard Loccke; Mike Postorino; John Sierchio


Absent: Laurel Brennan

Also Present: DAG Danielle Schimmel; Wendy Jamison; Lisa Pointer; Sharon Palmer; Marylou Mayoros; Mike Weik; Valerie McManus; Mary Ellen Rathbun; Luann Barnett; Mark Schwedes; Craig Gumpel, Esq.; Thomas Abraham; Florence Sheppard; DAG Nels Lauritzen; Trooper Ray Guzzi; Anthony Gerardi; Kim Carlton; Michael Kanter; John Cosgrove; Robert Varady, Esq.; Joel Chaviano; Stephen Hunter, Esq.; Wolodymyr Tyshchenko, Esq.; Ivan Alvarado; Karen Alvarado; Michael Watts; Stephanie Sutton; Joseph Stivalo; Stuart Alterman, Esq.; Christopher Gray, Esq.; Donna Caprio; Nicholas Caprio; Peter Sukola; Minelli Sukola


OPEN SESSION

Minutes

Minutes from the meeting of July 15, 2013
Approved

Minutes from the meeting of July 15, 2013
Approved Executive Session Minutes


OPEN SESSION

Miscellaneous Issues

B-1+ #3-21900 - Borough of Highland Park - Chapter 204 PFRS Title Review
Denied request to complete Chapter 204 analysis on title of Fire Inspector/Firefighter (title no longer exists) (Vote: 8-1 Trustee Barrett nae)
B-2 Proposed changes to Enrollment and Retirement Applications
Motion for the Division to review and make suggestions in regards to revision of the Disability Retirement Application


OPEN SESSION

Retirement and Death Lists

C-1=
Retirement List
Approved


CLOSED SESSION

Ordinary Disability

 

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE
DATE

DECISION

D-1
Rivers, Ann Marie
State Parole Board
1/1/2013
Denied Accidental, Offer Deferred
D-2
Gritz, John

Wooodbrige Township
4/1/2013
Involuntary Approved
(Trustee Loccke recused)
D-3
(+) Alvarado, Ivan
Bloomfield Township
6/1/2012
Member-In -Service - Denied
D-4
Monthly OD Grid
   

 
Approved Mazzola, John;
Maplewood Township; effective
10/1/2013
Robbins, Louise; South Woods
Prison/DOC; effective 8/1/2013
 
D-5 (+) Watts, Michael
Township of West Orange
4/1/2013
Approved
D-6 Walters, Kenneth

City of Trenton
8/1/2005
Approved reinstatement


CLOSED SESSION

Accidental Disability

   

MEMBER'S NAME
AND NO.

EMPLOYER
EFFECTIVE
DATE
ACCIDENT
DATE

DECISION

E-1

(+) Sukola, Peter
Howell Township
7/1/2010
1/22/2005
7/12/2005
1.) Honorable Service - No forfeiture
(Motion by Trustee Foti seconded by Trustee Postorino; Vote:8-1; Trustee Culliton nae)
2.) Accidental Disability - Denied
Accidental, Granted Ordinary
(Motion by Trustee Culliton
seconded by Trustee Foti)

E-2

(+) Sutton, Stephanie

East Jersey State
Prison
6/1/2011
4/28/2010
Reconsidered and Denied
Accidental. Case remains in the
OAL.
(Motion by Trustee Foti seconded by Trustee Culliton)

E-3

(+) Barone, John

Riverdale Borough
4/1/2013
12/22/2011
Approved
(Motion by Trustee Culliton
seconded by Trustee Barrett;
Trustee Loccke recused)

E-4

(+) Johnston, Richard
Camden City
8/1/2013
2/29/2012
Approved
(Motion by Trustee Culliton
seconded by Trustee Foti)

E-5

(+) Stivalo, Joseph
Essex County
8/1/2013
5/25/2012
Approved
(Motion by Trustee Culliton
seconded by Trustee Sierchio;
Trustee Loccke recused)

E-6

Aker, Clifford
Belmar Borough
5/1/2013
11/5/2004
Approved
(Motion by Trustee Culliton
seconded by Trustee Foti; Trustee Loccke recused)

 

E-7

Harmon, Vanica
Dept of Corrections
Vromm Jones Farm
8/1/2012
11/4/2010
Denied Accidental Granted Ordinary
(Motion by Trustee Culliton
seconded by Trustee Foti)

E-8

Lehman, Davin
Township of
Bloomfield
3/1/2013
10/23/2011
4/1/2012
Denied Accidental Granted Ordinary
(Motion by Trustee Culliton seconded by Trustee Leake; Trustee Sierchio recused)

E-9

Reid-Bey, Sekou
City of Camden
4/1/2013
3/5/2013
Approved
(Motion by Trustee Culliton
seconded by Trustee Foti)
E-10
(+) Parisi, Marco
Essex County
8/1/2013
6/22/2012
Approved
(Motion by Trustee Culliton
seconded by Trustee Foti; Trustees Sierchio, Loccke recused)

 
E-11
(+) Caprio, Donna
Monmouth County/Hall of Records
3/1/2013
6/10/2010
Denied Accidental Granted Ordinary
(Motion by Trustee Culliton
seconded by Trustee Foti)
E-12
(+) Irizarry, Jose
City of Passaic
5/1/2013
7/28/2012
Approved
(Motion by Trustee Culliton
seconded by Trustee Foti; Trustee Loccke recused)
E-13
Blow, Angela
City of Paterson
2/1/2013
7/29/2009
Tabled for information from member
regarding her driver's license
(Motion by Trustee Culliton
seconded by Trustee Foti)


OPEN SESSION

Retirement Issues

F-1+ Gerardi, Anthony - Fairfield Township -
1.) Honorable Service - Partial forfeiture of service and salary from January 2010 to the end
of employment
2.) Service - Approved effective January 1, 2013 (Retirement Bureau)
F-2 Giardina, Gary - Northern State Prison -
1) Honorable Service - Tabled for adjudication of charges (Trustee Loccke recused)
2) Continuation of Service retirement benefits - Suspended retirement benefits (Trustee
Loccke recused) (Retirement Bureau)
F-3 Cicetti, Donald - Newark City -
Suspended retirement benefits due to Accusation (Retirement Bureau)
   

OPEN SESSION

Hearing Decisions

G-1 Felice, Joseph - South Woods Prison Dept. Of Corrections - Initial Decision ALJ upheld Board's decision and denied Accidental Disability retirement benefits Adopted ALJ's decision and noted exceptions and reply to exceptions. (DAG Schimmel recused)
G-2 Parker, Evadell - Dept of Corrections - Initial Decision ALJ reversed the Board's decision and approved Accidental Disability retirement benefits
Rejected ALJ's decision (DAG Schimmel recused)
G-3 Hodavance, John - Hillside Township - Appellate Division Decisions Court upheld Board's decision and denied Accidental Disability retirement benefits
Noted
G-4 Thomas, David - Plainfield City - Initial Decision ALJ reversed the Board's decision and forfeited three years of service. Member now qualifies for Deferred retirement effective December 1, 2018
Adopted ALJ's decision (Retirement Bureau) (Vote: 8-1; Trustee Loccke nae)
G-5 Moore, Isaac - City of Camden - Initial Decision ALJ upheld Board decision and denied Accidental Disability
Adopted ALJ's decision
G-6 Petry, Robert - Bergen County - Initial Decision ALJ upheld Board's decision and denied enrollment into PFRS because of age
Adopted ALJ's decision and noted exceptions and reply to exceptions
G-7 Montalvo, Yessenia - City of Newark - Initial Decision ALJ upheld Board's decision and denied Accidental Disability retirement benefits
Adopted ALJ's decision
G-8+ Kantner, Michael - Camden County Bd of Chosen Freeholders -
Settlement Proposal
Denied; continue in OAL (Trustee Loccke recused)
   

OPEN SESSION

Hearing Requests

H-1 Jamison, Ronald - Correction-Bayside State Prison - Appeals the denial of
Accidental Disability retirement benefits
Approved OAL Hearing
H-2 Mesghali, Ali - Corrections-Bayside Prison - Appeals denial of Deferred Retirement
The Board directed the Secretary to draw up a Final Administrative Determination
H-3 DeGrande, Claudio - Monmouth County - Appeals denial of Accidental Disability retirement benefits
Approved OAL Hearing
   


OPEN SESSION

Active Membership Issues

J-1+
Cosgrove, John - Essex County -
1.) Eligibility to continue PFRS membership - Approved (Vote; 7-2; Trustees Culliton, Loccke nae) (Enrollment Bureau)
2.) Review Settlement Agreement for back-pay award - Denied
J-2+
#3-38101 - Jersey City Police Department - Chaviano, Joel - Request to Enroll in PFRS
Approved (Enrollment Bureau)
 


OPEN SESSION

Death Claim Issues

 

None



OPEN SESSION

Informational Issues

L-1 Appellate Division Decisions Sherry Rogers vs PERS
Noted
L-2 Appellate Division Decisions Joseph Sharp vs PERS
Noted
L-3 State Investment Council Meeting from July 11, 2013 - Director's Report
Noted
L-4 PFRS Mortgage Statements/Memos as of June 30, 2013
Noted

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

The next meeting of the Board will be held on September 9, 2013.

 

 
 
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