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POLICE AND FIREMEN'S RETIREMENT SYSTEM
SEPTEMBER 21, 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: 10:03 AM

Adjourned: 1:50 PM

Roll Call:

Marty Barrett; Susanne Culliton; Vince Foti; Wayne Hall; Mark Kandrac; Frank Leake; Richard Loccke; Richard Mikutsky; John Sierchio


Absent: Laurel Brennan; Sherryl Gordon

Also Present: DAG Kellie Pushko; Wendy Jamison; Lisa Pointer; Sharon Palmer; Virginia Martucci; Marylou Mayoros; Mark Schwedes; Mike Czyzyk; Darryl Miller; Mark Catanzaro, Esq.; Norman Winters; Ronald Simon; Edward Estok; Jeffrey Jannarone; Marcie Mackolin, Esq.; Ellamarie Jannarone; Andrew McMahon; Tim Smith, Esq.; Anthony Puccino; Robert Sirni; Babrizio Scerra, Steve Eckel, FOP; George Borek, IAFF


OPEN SESSION

Minutes

Minutes from the meeting of August 3, 2009
Approved (Trustees Kandrac, Culliton abstained)

Minutes from the meeting of August 3, 2009
Approved Executive Session Minutes (Trustees Kandrac, Culliton abstained)


OPEN SESSION

Miscellaneous Issues 

None



OPEN SESSION


Retirement and Death Lists

C-1

Active and Retired Death Lists
Approved

C-2 Active and Retired Death Lists
Approved
C-3= Retirement List
Approved


CLOSED SESSION

Ordinary Disability   

.

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE DATE

DECISION

D-1

Hannigan, Thomas

Glen Ridge Borough
2/1/2008
Chapter 428 PFRS Approved
(Trustee Loccke abstained)
D-2 Dando, Arthur

Woodbridge Township
7/1/2009
Chapter 428 PFRS Approved
(Trustee Loccke abstained)
D-3 Monthly OD Grid .
9/1/2009
Approved
Berry, John - Cumberland County
(effective 3/1/2009)
Burke, Christopher - Bridgewater Twp (effective 1/1/2010)
Felger, Garry - Seaside Heights
Borough (effective 6/1/2009)
Gogan, Douglas - Monmouth
County/Hall of Records (effective
7/1/2009)
Hodges, Bobbie - DOC (effective
6/1/2009)
Janusz, Thomas - Garden State
Recp Corr Center (effective
5/1/2009)
Lyon, Jason - Sussex County
(effective 8/1/2009)
Rubino, Carmine - Hoboken City
(effective 12/1/2008)
Singletary, Donna - Mercer County
(effective 5/1/2009)
Thornton, Yolando - Corrections -
Adult Diag. & Treat (effective
11/1/2008)


CLOSED SESSION

Accidental Disability

..

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE DATE

ACCIDENT
DATE

DECISION

E-1

(+) Scerra, Fabrisio

City of Paterson
7/1/2009
2/17/2004
Approved
(Trustees Foti, Loccke recused)

E-2

Agostinelli, Ralph

East Jersey State Prison
8/1/2009
7/28/2008
Approved

E-3

Policastro, Gregory
South Woods Prison
6/1/2009
1/24/2008
Approved
(Vote: 8-1; Trustee Loccke nae)

E-4

Vendrell, Manuel
Newark Police Dept.
7/1/2009
5/31/2002
4/26/2004
Denied Accidental, Withdrawal only

E-5

(+) Sirni, Robert
Essex County
2/1/2009
7/10/2006
Approved
(Trustees Loccke, Foti recused)

E-6

Williams, Rodney

Northern State Prison
4/1/2009
3/17/2005
Approved

E-7

Baker, Louis
Edna Mahan Correction Facility
12/1/2008
5/25/2005
5/6/2008
Reconsidered and Denied Accidental, granted Ordinary Disability

E-8

Maharaj, Neela
Westwood Borough
6/1/2008
8/4/2005
Reconsidered and Denied Accidental Disability, continue collecting Ordinary Disability. Granted OAL hearing.

E-9

Stitzer, Luis
Twp. of North Bergen
7/1/2009
7/2/2008
Approved
(Trustee Loccke recused)

E-10

(+) McMahon, Andrew

Union Township
9/1/2009
12/21/1998
Tabled for additional employer records and medical reports. Granted Iinterim Ordinary Disability.
(Vote7-1-1; Trustee Hall nae; Trustee Foti abstained)

E-11

Mercado, Kenny
Passaic County Sheriff's Dept.
8/1/2009
4/11/2008
Denied Accidental Granted Ordinary under Chapter 428
(Trustees Loccke, Foti recused)

E-12

Walder, Chad
Dept. of Environmental Protection
10/1/2007
4/1/2006
Tabled for 30 days pending possible back pay award.

E-13

Ortega, Manuel

City of Clifton
12/1/2008
11/30/2007
Approved

E-14

Spoto, Russell

Passaic County
7/1/2009
7/11/2008
Approved
(Trustees Loccke, Foti recused)

E-15

Merino, Tommy

Boro of Reverton
10/1/2008
12/13/2005
Approved
E-16 McNair, Yvonne

City of Camden
7/1/2009
12/6/2007
Approved
(Trustee Loccke recused)
E-17 Caruso - Naprawa, Toni
Burlington County
2/1/2009
10/11/2005
Denied Accidental, Withdrawal only
E-18 Rivera, Ramonita
Camden City
7/1/2009
3/17/2008
Approved
E-19 D'Addetta, John
Bergen County
9/1/2009
6/11/2008
Approved
E-20 (+) Jannarone, Jeffrey

Rutgers University
3/1/2009
10/29/1995 5/4/2008
Denied Accidental, continue collecting Ordinary Disability
E-21 Tisseker, Lisa
Borough of Oceanport
9/1/2009
8/20/2004
Tabled for new IME
E-22 Little, Duane

Township of Gloucester
7/1/2009
10/8/2008
Approved
E-23 Pretto, Joseph
Northern State Prison
5/1/2009
5/2/2008
Denied Accidental, Withdrawal only


OPEN SESSION

Retirement Issues

F-1+

Miller, Darryl - Camden County -
Honorable Service - Partial forfeiture of salary from June, 2003 - to end of employment
Service Retirement - Approved effective 1/1/09 (Retirement Bureau) (Trustee Loccke recused)

F-2+
Winters, Norman - Clayton Borough -
Honorable Service - Total forfeiture (Vote: 7-2; Trustees Culliton, Leake nae)
F-3+
Mott, Dennis - Bernards Township - Review the terms of a
settlement/separation agreement to determine if pensionable.
Tabled per request from attorney (Trustee Loccke abstained)


OPEN SESSION

Hearing Decisions

G-1

Estok, Edward - Department of Corrections - Initial Decision ALJ
reversed Board's decision and granted Accidental Disability retirement benefits.
Rejected the ALJ's Initial Decision and noted Exceptions and Reply to Exceptions; Modify
Findings of Fact (Vote: 8-1; Trustee Barrett nae)

G-2
Narducci, Robert - Bellmawr Bourough - Hearing Withdrawals
Noted
G-3
Becker, Shane - Mountain View Youth Corr. Fac - Initial Decision
ALJ upheld the Board's decision and denied Accidental Disability retirement benefits.
Adopted the ALJ's decision and rejected the Exceptions and Reply to Exceptions


OPEN SESSION

Hearing Requests

H-1
Jewell, John - Newark City - Appeals the denial of Accidental
Disability retirement benefits.
Reconsideration - Denied
Hearing Request - Approved
H-2
Aromando, Mark - Bergen County - Appeals denial of Accidental Disability retirement benefits.
Approved
H-3
Wilson, Suzanne - East Windsor Township - Reconsideration - Denied Hearing Request - Tabled to allow member to file new application; hearing request will be held in abeyance. (Trustee Foti abstained)
H-4
Barnes, Clarence - Northern State Prison - Appeals denial of Ordinary Disability.
Approved (Vote: 8-1; Trustee Mikutsky nae)
H-5
Murphy, Patrick - ALBERT C. WAGNER YOUTH CORR FAC. - Appeals denial of Accdental Disability retirement benefits.
Withdrawn from agenda previously acted on by the Board - Noted
H-6
Douglas, Kenneth - Newark City - Appeals denial of Accidental
Disability retirement benefits
Reconsideration - Denied
Hearing Request - Approved
H-7
Zutell, Kristine - Bergen County - Appeals denial of Accidental Disability retirement benefits.
Approved
H-8
Chambers, Sandra - Westfield Town - Appeals denial of Ordinary Disability retirement benefits. Approved
H-9
Garrity, Matthew - Mount Ephraim Borough - Appeals denial of Accidental Disability retirement benefits.
Approved
H-10
Bellanca, Anthony - East Jersey State Prison - Appeals denial of Accidental Disability retirement benefits.
Approved
H-11
Mandap, Philip - Department of Corrections - Appeals denial of Accidental Disability
Approved
H-12
Crowder, Terrence - Camden City - Appeals denial of Accidental Disability retirement benefits.
Approved
H-13
Johnson, John - Newark City - Appeals denial of Accidental Disability retirement benefits. Approved
H-14
Saccone, Thomas - Newark City - Appealing the Board's decision
to decline an advisory opinion regarding Beneficiary designation.
Denied hearing request. The Secretary will draft a Final Administrative Determination for
Board's review.


OPEN SESSION

Active Membership Issues

J-1+

Simon, Ronald - Dept. of Corrections - Purchase
Denied



OPEN SESSION

Death Claim Issues

K-1

Dinardo, Marc - Jersey City - Accidental Death
Approved (Claims Bureau)



OPEN SESSION

Informational Issues

L-1

PFRS Mortgage Statements/Memos
Noted

L-2
Common Pension Fund E as of January 31, 2009
Noted
L-3
Common Pension Fund D as of March 31, 2009
Noted
L-4
Common Pension Fund D as of April 30, 2009
Noted
L-5
Wire Transfers as of July 29, 2009
Noted
L-6
Appellate Division Decisions Barbara Cannella vs PERS.
Noted
L-7
State Investment Council Minutes for meeting of May 21, 2009.
Noted
L-8
Common Pension Fund B as of February 28, 2009
Noted
L-9
Common Pension Fund E as of February 28, 2009.
Noted
L-10
Proposed Regulation (NJAC 17:4-4.1) - Creditable Compensation
Noted
L-11
Common Pension Fund A as of April 30, 2009.
Noted
L-12
PFRS Mortgage Statements/Memos for July 2009
Noted

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

The next meeting of the Board will be held on October 15, 2009.

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Last Updated: September 22, 2009