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POLICE AND FIREMEN'S RETIREMENT SYSTEM
September 10, 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: 2:40 p.m.

Roll Call: Fred Beaver; Dennis Connelly; Vince Foti; Mark Kandrac; Frank Leake; Richard Loccke (left at 2:25 p.m.); Rich Mikutsky; Tom Murphy; John Sierchio

Absent: Nicole Fava; Sherryl Gordon

Also Present: DAG Christine Lucarelli; DAG Eileen DenBleyker
   
Division Staff:

Wendy Jamison; Gail Griffin; Virginia Martucci; Marylou Mayoros; Mark Schwedes; Mike Czyzyk; Jean Monahan; Sharon Palmer; Susanne Culliton

   
Members, Counsel, Employers, Consultants:
 

William Subin, Esq.; Anthony Moffa; Steven J. Kossup, Esq.; Roberto Velez; Carmine Pannullo; Stuart Alterman, Esq.; Catherine Aquilino; Angel Minguela; Anthony DiVincenzo; Anthony Puccino; Richard Templeton; Aaron Kelsey; Samuel Gaylord, Esq.; Louis Williamson; Dennis Keenan; Brigitte Paiz; Joseph Ware

Union Groups, etc.:
  Steve Eckol, FOP; George Borek, IAFF; Clifford Rumph, PBA 105; Lance Lopez, PBA 105


OPEN SESSION

Minutes

Minutes from the meeting of August 13, 2007 - Approved (Trustee Leake abstained)
 (DAG Lucarelli to review Executive Session minutes)


OPEN SESSION

Finance

A-1 Common Pension Fund D as of June 30, 2007 - Approved
A-2 Common Pension Fund A as of July 31, 2007 - Approved
A-3 Common Pension Fund B as of July 31, 2007 - Approved


OPEN SESSION

Miscellaneous Issues

+B-1

Discussion w/Division staff on notification of contract violations - Tabled discussions until the Board’s meeting of October 15, 2007 for DAG review



OPEN SESSION

Retirement and Death Lists

C-1

Active and Retired Death Lists for August 24, 2007 - Approved

=C-2 Return to Employment -Approved
=C-3 Retirement List - Approved (except Dennis Keenan)


CLOSED SESSION

Ordinary Disability   


.
Member Name
Employer
Effective Date
Board's Decision

D-1

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 September 1, 2007 and earlier.


Member's Name

Effective Date

P/F

Employer

Amoratis, Joseph

02/07

F

Cherry Hill Twp Fire Dist # 13
No Alternate Position Available

Hausmann, Rosemary

08/07

P

State Parole Board
No Alternate Position Available

Kucharski, Paula M **

07/07

P

Warren Co Bd Of Chosen Frhldrs

Mills, Peter T

08/07

P

Ocean County

Mood, Jeffrey R

10/07

P

Lumberton

Powell, Cederic G

09/07

P

Mountainview Youth Corr. Fac.

   Total = 6
** (Trustee Loccke abstained)  


CLOSED SESSION

Accidental Disability


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

+E-1

Moffa, Anthony

Atlantic County
3/1/2007
2/14/2003
Y
Y
Y
.
Reconsidered under Richardson; reversed traumatic event; granted Accidental Disability

E-2

O'Neill, Edward

Barnegat Township
2/1/2004
2/3/2003
Y
Y
Y
.
Reconsidered under Richardson; reversed traumatic event; granted Accidental Disability

+E-3


Velez, Roberto

Newark Police
2/1/2005
12/10/2004
T
T
T
.
1. Honorable Service - Tabled for information from employer
2. Accidental Disability - Tabled

+E-4
Pannullo, Carmine


Carteret Borough
4/1/2007
12/6/2005

T
T
Y
.
Reconsidered under Richardson; reversed traumatic event; tabled total and permanent and direct result for review by IME
(Trustee Foti abstained)

+E-5
DeVincenzo, Anthony


County of Essex
6/1/2007
7/17/2006
Y
Y
N
.
Reconsidered under Richardson; reaffirmed denial of traumatic event; outcome was not unexpected
(Trustees Foti and Loccke recused)

E-6
Foster, Raymond

Bordentown Twp.
2/1/2007
3/5/2002
Y
N
Y
Y
Reconsidered under Richardson; reaffirmed denial of direct result; disability is due to a pre-existing condition; approved OAL hearing
(Trustee Loccke recused)

E-7
Kondreck, Christopher

Belleville Twp.
7/1/2007
1/6/2002
. . .
Y
Approved request to file for Accidental Disability
(Vote: 6:2:1: Trustees Kandrac, Mikutsky: Nae:Trustee Loccke recused)

E-8
Aquilino, Catherine

Camden County Board of Chosen Freeholders
9/1/2005
2/20/2004
Y
Y
Y
.
Reconsidered under Richardson; reversed traumatic event; granted Accidental Disability

E-9
Beauregard, Tamara

Camden County
7/1/2005
2/10/2004
Y
Y
N
Y
Denied reconsideration due to lack of information; proceed in OAL
(Trustee Foti abstained)

E-10
Brown, Anthony

Essex County
5/1/2006
10/4/2005

Y
Y
Y
.
Reconsidered under Richardson; reversed traumatic event; granted Accidental Disability
(Trustee Loccke recused)

E-11
Culligan, Kenneth

Pemberton Twp. 
1/1/2006
5/12/2004
 
Y
Y
Y
.
Reconsidered under Richardson; reversed traumatic event; granted Accidental Disability
(Trustee Loccke recused)

E-12
Decker, Walter

Old Bridge Twp.
6/1/2006
9/9/2001
Y
Y
Y
.
Reconsidered under Richardson; reversed traumatic event; granted Accidental Disability

E-13
Diminno, Anthony

 
West Milford Twp.
5/1/2006
2/5/2005

Y
Y
N
.
Reconsideration of an OAL case in light of Richardson; reaffirmed denial of traumatic event; outcome was not unexpected; proceed in OAL
(Trustee Loccke recused)

E-14
Gomez, Luis

City of Paterson
11/1/2005
1/5/2004
Y
Y
Y
.
Reconsideration of an OAL case in light of Richardson; reversed traumatic event; granted Accidental Disability
(Trustee Loccke recused)

E-15
Henderson, Joseph


Essex County
1/1/2005
2/19/2003
Y
Y
Y
.
Reconsidered under Richardson; reversed traumatic event; granted Accidental Disability
(Trustee Loccke recused)

E-16
Hooks, Dwayne
East Jersey State Prison 7/1/2006
4/18/2005
Y
Y
Y
.
Reconsidered under Richardson; reversed traumatic event; granted Accidental Disability
(Vote: 8:1: Trustee Murphy: Nae)

E-17
Jazikoff, Angel
Middlesex County 9/1/2006
2/17/2004
Y
Y
Y
.
Reconsideration of an OAL case in light of Richardson; reversed traumatic event; granted Accidental Disability

E-18
Kvederas, Brian
Morristown Town 7/1/2006
1/23/2005

Y
Y
Y
.
Reconsidered under Richardson; reversed traumatic event; granted Accidental Disability
(Trustee Mikutsky recused)

E-19
Leak, Tyrone
Mountainview Youth Correctional Facility 12/1/1999
8/25/1996
        Tabled to obtain status report of OAL case from DAG

E-20
Masters, Nicholas
Juvenile Justice Commission  6/1/2006
6/5/2005
Y
Y
Y
.
Reconsidered under Richardson; reversed traumatic event; granted Accidental Disability
(Vote: 8:1: Trustee Loccke: Nae)

E-21
Minguela, Angel
City of Vineland 3/1/2006
4/27/20014
Y
Y
Y
.
Reconsidered under Richardson; reversed traumatic event; granted Accidental Disability

E-22
Neiling, Daniel
City of Camden 9/1/2005
8/13/2004
Y
Y
Y
.
Reconsideration of an OAL case in light of Richardson; reversed traumatic event; granted Accidental Disability
(Vote: 6:1:2: Trustee Murphy: Nae: Trustee Foti: abstained: Trustee Loccke recused)

E-23
Ortiz, Brenda

 
Burlington County
10/1/2005
1/25/2005

Y
Y
Y
.
Reconsidered under Richardson; reversed traumatic event; granted Accidental Disability
(Trustee Loccke recused)

E-24
Rocco, Noreen

Morris County
10/1/2005
4/5/2001
Y
Y
Y
.
Reconsidered under Richardson; reversed traumatic event; granted Accidental Disability
(Vote: 6:3: Trustees Foti; Mikutsky; Murphy: Nae)

E-25
Solomon, Geraldine


Passaic County
5/1/2006
8/28/2001
Y
Y
Y
.
Reconsidered under Richardson; reversed traumatic event; granted Accidental Disability
(Vote: 6:0:3: Trustees Murphy abstained: Trustees Foti; Loccke recused)

E-26
Tanksley, William
Camden County Board of Chosen Freeholders 12/1/2006
6/19/2003
Y
Y
Y
.
Reconsidered under Richardson; reversed traumatic event; granted Accidental Disability

E-27
Templeton, Richard
Juvenile Justice Commission 11/1/2006
4/21/2005
Y
Y
Y
.
Reconsideration of an OAL case in light of Richardson; reversed traumatic event; granted Accidental Disability

E-28
Class, Juan
Garden State Correctional Center 1/1/2005
5/5/2003
.
.
.
.
Reconsideration of a case pending before the Supreme Court in light of Richardson - no action taken; case has not been remanded back from the Supreme Court

E-29
Estok, Edward
Department of Corrections 2/1/2007
6/29/2004
2/9/2005
10/16/2005 

Y
Y
Y
Y
Y
N
Y
Y
N
.
Reconsidered under Richardson; reversed traumatic event on first two incidents; denied Accidental Disability since all three must be direct result and traumatic event
(Vote: 8:1: Trustee Mikutsky: Nae on second incident)

E-30
Glorioso, Nicholas
Department of Corrections  2/1/2007
12/3/2005
Y
Y
Y
.
Reconsideration in light of Richardson; reversed traumatic event; granted Accidental Disability

E-31
O'Shea, Gary
City of Wildwood 1/1/2007
12/7/2005
Y
Y
N
.
Reconsideration in light of Richardson; reaffirmed denial of traumatic event; outcome was not unexpected
(Vote: 8:1: Trustee Connelly: Nae) 

E-32
Burns, Mary
Pennsauken Twp. 2/1/2005
5/21/2003
Y
Y
Y
.
Reconsidered under Richardson; reversed traumatic event; granted Accidental Disability
(Trustee Loccke recused)

+E-33
11:00 AM
Kelsey, Aaron
Trenton City 6/1/2007
12/31/2001
Y
Y
N
.
Denied reconsideration; case was already considered under Richardson; reaffirmed denial of traumatic event
(Vote: 6:1:2: Trustee Murphy: Nae; Trustees Beaver and Foti recused)



OPEN SESSION

Retirement Issues

None


OPEN SESSION

Hearing Decisions   

G-1

Scott, Lori - East Jersey State Prison - Appellate Division Decisions - Court determined the incident was not a traumatic event and as a result, upheld the Board's decision to deny Accidental Disability - Noted

G-2

#3-47100 - Township of Old Bridge FOP (SOA) Lodge NO 22 - Hearing Withdrawals - Noted

G-3

Pazdrey, Michael - State Parole Board - Hearing Withdrawals - Failure to appear - Noted

G-4

Scardiono, Michael - Essex County - Hearing Withdrawals - Failure to appear - Noted

G-5

Adamsky, Joseph - Hanover Twp. - Initial Decision - Resubmission including exceptions and reply to exceptions. ALJ upheld the Board's decision to deny Accidental Disability due to no traumatic event - Tabled to allow the DAG to file a reply to exceptions

G-6 Ocean County PBA - Hearing Withdrawals - Noted
G-7

Carlstadt Borough, in the matter of James Sorrentino - Initial Decision - ALJ upheld the Board's decision to deny Federal Reserve service to reduce age in PFRS - Adopted

G-8

Wassuta, Michael - Adult Diag. & Treatment - Initial Decision - The ALJ upheld the Board's decision denying Accidental Disability due to no direct result and no traumatic event. The ALJ reversed the Board's decision on the issue of delayed manifestation - Adopted ALJ’s Findings of Fact; modified Conclusions of Law.

G-9

Ament, Jay - Essex County - Initial Decision - Failure to appear - ALJ dismissed case - petitioner failed to appear - Adopted order granting dismissal

+G-10

Keenan, Dennis - Trenton City - Reconsideration of division calculation from Appellate Division decision - The Division of Pensions and Benefits collects the appropriate contributions for the period of time Mr. Keenan was required to re-enroll (6/1/98 - 11/21/02)
(Retirement Bureau)



OPEN SESSION

Hearing Requests

H-1

Lopez, Leopoldo - Riverfront State Prison - Appeals the Board's denial of Accidental Disability retirement benefits - Approved

H-2

Jersey City Fire Department in the matter of Wilfredo Rodriguez, Joseph Carter, Christian Fink, Harry Kawoczka - Appeals the denial of purchasing service credit for:
Wilfredo Rodriguez - Approved
Joseph Carter - Approved
Christian Fink - Approved
Harry Kawoczka - Approved



OPEN SESSION

Active Membership Issues

J-1

Martin, Francisco - Cumberland County - Purchase - Denied

+J-2

Paiz, Brigitte - South Woods Prison-Dept. - request to enroll in PFRS (overage enrollment) -
Tabled in order to obtain re-employment information from the Department of Personnel.

+J-3

Ware, Joseph - Bayside State Prison - Transfer of Membership from PERS to PFRS
(overage) -  Approved (Enrollment Bureau)

J-4

Thorn, Thomas - Medford Township - Transfer of Membership - request to transfer from
PERS to PFRS (overage) -  Postponed per attorney’s request until October 15, 2007



OPEN SESSION

Death Claim Issues

K-1

None


OPEN SESSION

Informational Issues

L-1

Appellate Division Decisions regarding Arlene Dennis vs PERS  - Noted

L-2
Appellate Division Decisions regarding John Martorana vs PERS  - Noted
L-3
Appellate Division Decisions regarding Patricia Frank vs PERS  - Noted
L-4 Board Member Address List  - Noted
L-5 PFRS Mortgage Statements/Memos - Noted
L-6 Wire Transfers Non-Contributory Group Insurance Police #14800 Benefit Claims for July 2007

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

The next meeting of the Board will be held on October 15, 2007.

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Last Updated: September 11, 2007