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POLICE AND FIREMEN'S RETIREMENT SYSTEM
OCTOBER 15, 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. A change in the meeting date to October 15, 2009 was mailed on August 10, 2009.

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: 2:41 PM

Roll Call:

Marty Barrett, Fred Beaver; Laurel Brennan (left 1:10pm); Vince Foti; Wayne Hall; Mark Kandrac; Frank Leake; Richard Loccke; Richard Mikutsky; John Sierchio


Absent: Sherryl Gordon

Also Present: DAG Kellie Pushko; Wendy Jamison; Lisa Pointer; Sharon Palmer; Kathy Coates; Mary Ellen Rathbun; Virginia Martucci; Marylou Mayoros; Hank Schwedes; Mike Czycyk; Maryann Ryan; Florence Sheppard; John Megariotis; Jean Monihan; Susanne Culliton; AAG John Bender; SDAG Eileen DenBleyker; Tom Bell; Tom Vinz; Jeff Pegues, WABC; Steve Eckel, FOP; Kenneth Alford; Craig S. Gumpel, Esq.; Wayne Wolk; Norman Levine; Richard Friedman,Esq.; Hiran Aviles; Arthur Thibault, Jr., Esq.; Bruce McArthur, BA Bernards Township; Tim Smith, Esq.; Anthony Puccino; Sharon Louis; Jeffrey Nealis; Bernard Wilson; Eileen Wilson; Charles Zelauskas; Anthony Velez; Danny Cano, PBA; Susan Beyers; Ray Ellis; Frederick Swanson; Tina Bullock; Shirlene Scott


OPEN SESSION

Minutes

Minutes from the meeting of September 21, 2009
Approved

Minutes from the meeting of September 21, 2009
Approved Executive Session Minutes


OPEN SESSION

Miscellaneous Issues 

B-1

Administrative Code for Publication Repeal of NJAC 17:4-4.8 (Service and salary credit and
awards of back pay)
Approved

B-2+ Administrative Code for Final Adoption NJAC 17:4-4.1 (Creditable compensation)
Adopted (Vote: 7-3; Trustees Beaver, Kandrac, Mikutsky nae)


OPEN SESSION


Retirement and Death Lists

C-1

Active and Retired Death Lists
Approved

C-2 Retirement List
Approved
C-3 Return to Employment
Approved
C-4 Chapter 47
Approved (Trustee Sierchio abstained)


CLOSED SESSION

Ordinary Disability   

.

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE DATE

DECISION

D-1 Monthly OD Grid
Spotswood Borough.
8/1/2009
Mead, James - Approved
(Trustee Loccke recused)
D-2 Patrick, Douglas

Cinnaminson Fire
District # 1
8/1/2009
Approved


CLOSED SESSION

Accidental Disability

..

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE DATE

ACCIDENT
DATE

DECISION

E-1

Hordyk, Howard

Passaic County
11/1/2009
10/17/2008
Approved
(Trustee Loccke recused)

E-2

Casasanta, Philip

Passaic County
9/1/2009
7/15/2008
Denied Accidental Granted Ordinary
(Vote: 5-3-1; Trustees Hall, Sierchio, Barrett nae; Trustee Loccke recused)

E-3

(+) Nealis, Jeffrey

NJ Dept of Corrections
6/1/2009
4/10/2008
Approved

E-4

Hannah, James

Bayside State Prison
4/1/2009
5/17/2006
Approved

E-5

Selby, Andrew
City of Paterson
11/1/2008
1/1/2000
Denied Accidental Granted Ordinary
(Trustee Foti abstained)

E-6

Hilliard, Mark
Southern State Correctional Facility
8/1/2009
10/25/2007
Denied Accidental Granted Ordinary

E-7

Kirchoff, Paul
North Hudson Regional Fire & Rescue
10/1/2009
6/8/2005
Denied Accidental, Offer Service
(Trustee Loccke recused)

E-8

(+) Louis, Sharon

Pequannock Twp
10/1/2009
9/9/2008
Approved

E-9

(+) Wilson, Bernard
City of Camden
4/1/2009
8/14/2006
Denied Accidental Granted Ordinary
(Vote: 7-1-1; Trustee Barrett nae; Trustee Loccke recused)

E-10

Vecchione, Angelo
City of Newark
11/1/2009
4/16/2008
Approved

E-11

Alsheimer, Susan

Middlesex County
8/1/2009
4/29/2008
Denied Accidental Granted Ordinary
(Trustee Foti abstained)

E-12

Mitchell, Robert

Monmouth County
11/1/2009
5/7/2007
Approved

E-13

(+) Zelauskas, Charles
Burlington Twp
3/1/2009
5/9/2007
Denied Accidental Granted Ordinary
(Vote: 7-1-1; Trustee Barrett nae; Trustee Loccke recused)

E-14

Canestri, Luke
Middlesex County
9/1/2009
9/11/2007
Approved
(Trustee Foti abstained)

E-15

Ramos, Alexis

City of Camden
12/1/2009
1/2/2009
Approved
E-16 DeCoursey, Andrea

Randolph Twp
12/1/2008
2/14/2006
Denied Accidental Granted Ordinary
E-17 Finkeldey, George
North Bergen County
4/1/2009
4/21/2007
Approved
E-18 (+) Velez, Anthony
North Brunswick Twp
11/1/2009
5/15/2008
Approved
E-19 Reynolds, Melody

NJ Transit Corporation
2/1/2007
7/5/2005
Reconsidered and Denied Accidental. Reaffirm previous decision on willful negliegence. Case remains in OAL.
(Trustee Loccke recused)
E-20 (+) Beyers, Susan

Carteret Borough
2/1/2009
1/9/2004 2/15/2007
Approved
E-21 Williams, Scotty

Bridgeton City
10/1/2003
2/28/2003
Reconsidered and reversed previous decision on direct result. The Board now finds no direct result due to pre-existing condition. Reversed previous decision on reasonable person standard. The Board now finds the member meets the reasonable person standard. Case remains in OAL
E-22 Beltran, German
Camden County Board of Chosen Freeholders
11/1/2009
3/4/2008
Approved
E-23 (+) Ellis, Ray
Atlantic City
11/1/2008
10/9/2007
Approved
E-24 Swanson, Frederick
City of Bridgeton
6/1/2009
1/7/2007
Approved
(Trustee Foti abstained)
E-25 Williams, Mark

City of Newark
10/1/2009
5/13/2008
Approved
E-26 Chubbuck, Chester
Juvenile Justice Commission
8/1/2008
5/3/2007
Reconsidered and reaffirmed previous denial. Case remains in OAL.


OPEN SESSION

Retirement Issues

F-1+

Alford, Kenneth - City of Trenton -
A.)Honorable Service - No forfeiture - (Vote: 9-1; Trustee Beaver nae)
B.)Special Retirement - Approved effective September 1, 2009 (Retirement Bureau)

F-2+
Levine, Norman - Teaneck Township -
A.) Honorable Service - Partial forfeiture of salary from February 2008 to the end of
employment (Trustee Loccke recused)
B.)Special Retirement - Approved effective September 1, 2009 (Retirement Bureau)
(Trustee Loccke recused)
F-3
Hickson, Josh - Teaneck Township - Reconsideration of Deferred Retirement
Tabled to advise member case will be reviewed under the Uricolli Statute, N.J.S.A. 43:1-3
(Trustee Loccke recused)
F-4
Holmes, Robert - Marlboro Township - Retirement Calculation
(Creditable Comp) OEM Position and final years' salary
Denied appeal - Upheld the Division's findings on the disallowance of certain payment as
creditable
F-5+
Aviles, Hiran - Dept. Of Corrections -
A.) Honorable Service - Partial forfeiture of service and salary from September 2006, to the
end of employment
B.) Service Retirement - Approved effective August 1, 2009 (Retirement Bureau)
F-6+
Mott, Dennis - Bernards Township -
Review the terms of settlement/separation agreement to determine if the township should
be assessed pension liability - Denied request to appeal pension liability. (Financial)
(Trustee Loccke recused)


OPEN SESSION

Hearing Decisions

G-1

Snellbaker, Arthur - Atlantic City - Initial Decision ALJ reversed the
Board's decision and granted credit for retroactive salary increases.
Rejected the ALJ's Initial Decision and noted Exceptions and Reply to Exceptions

G-2
Boyd, Jeffrey - Department of Corrections - Hearing Withdrawals
Noted
G-3
Bell, Stephen - Pleasantville City - Initial Decision ALJ reversed
the Board's decision and granted Accidental Disability retirement benefits.
Adopted w/modification effective January 1, 2008 (Retirement Bureau)
G-4
Weldon, Terrence - Asbury Park City - Hearing Withdrawals
Noted
G-5
Edward, Estok - DOC - Findings of Fact, Conclusions of Law
Approved
G-6
Miller, Stephen - Essex County - Initial Decision ALJ upheld
Board's decision and denied Accidental Disability retirement benefits.
Tabled and granted extension of 1 week to allow Stephen Miller to file Exceptions (Trustee
Loccke recused; Trustee Foti abstained)
G-7
Saccone, Thomas - City of Newark - Final Administrative
Determinations
Approved
G-8
Mawhinney, Edmund - Atlantic City - Initial Decision ALJ upheld the Board's
decision and determined that the additional salary is not creditable in the PFRS.
Adopted the ALJ's decision
G-9
Snyder, Frank - Essex County - Initial Decision ALJ upheld the
Board's decision and denied Accidental Disability retirement benefits.
Tabled for attorney to file exceptions (Trustees Loccke, Foti recused)


OPEN SESSION

Hearing Requests

H-1+
Ambrose, Anthony - Newark City - Appeals the Board's
determination to cancel retirement benefits and be re-enrolled in the PFRS.
Tabled until November 9, 2009 per attorney's request (Vote: 7-2-1; Trustees Beaver, Barrett
nae; Trustee Loccke abstained)
H-2
Tietchen, Adam - Edison Township - Appeals forfeiture of salary and service
credit
Approved


OPEN SESSION

Active Membership Issues

J-1

Scardino, Michael - Winslow Township Board of Ed. - Request PFRS
membership
Tabled until November 9, 2009 meeting per attorney's request.

J-2
Niziolek, John - Englishtown Borough - Purchase
Denied


OPEN SESSION

Death Claim Issues

K-1

None



OPEN SESSION

Informational Issues

L-1

Common Pension Fund B as of March 31, 2009
Noted

L-2
Common Pension Fund B as of April 30, 2009.
Noted
L-3
Common Pension Fund D as of June 30, 2009.
Noted
L-4
Common Pension Fund A as of June 30, 2009.
Noted
L-5
Wire Transfers Non-Contributory group Insurance Policy #14800 Benefit Claims for the
month of August, 2009.
Noted
L-6
State Investment Council Minutes for meeting of Thursday July 9, 2009.
Noted
L-7
Common Pension Fund B as of May 31, 2009.
Noted
L-8
Common Pension Fund E as of March 31, 2009.
Noted
L-9
Common Pension Fund A as of June 30, 2009 (Revised).
Noted
L-10
Common Pension Fund D as of July 31, 2009.
Noted
L-11
PFRS Mortgage Statements/Memos for August 2009.
Noted
L-12
Proposed 2010 PFRS Meeting Dates.
Noted with change of May 10, 2010 date to May 17, 2010
L-13 Chairman Sierchio reported on the Marc Dinardo case. The Chairman outlined the timeline
regarding the sequence of events in awarding Mary Dinardo Accidental Death benefits. As
a result, the Board voted to adopt a new administrative procedure whereby future accidental
death cases will be reviewed by the Division, placed on payroll and then forwarded to the
Board for approval at its next available meeting.

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

The next meeting of the Board will be held on November 9, 2009.

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Last Updated: October 20, 2009