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Pensions and Benefits
POLICE AND FIREMEN'S RETIREMENT SYSTEM
OCTOBER 6, 2014
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 2014 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 12, 2013.

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 (16K) Deferred - none
Special Adobe PDF (28K) Totals Adobe PDF (8K)


OPEN SESSION


Called to Order: 10:02 AM

Adjourned: 12:37 PM

Roll Call:

Marty Barrett; Keith Bennett; Tim Colacci; Susanne Culliton (arrived 10:07 a.m.); Vince Foti (left 12:21 p.m.); Wayne Hall; Frank Leake; Richard Loccke; Brady Middlesworth


Absent: Laurel Brennan

Also Present:

DAG Danielle Schimmel; Wendy Jamison; Lisa Pointer; Sharon Palmer; Mike Weik; Cheryl Chianese; Valerie McManus; Thomas Whitley; Amie DiCola, Esq.; Noemio Oliveira; Barry Wartenberg; Stephen Raymond, Esq.; Lorrania Cruz (for deceasedAlexis Cruz); Alex Cruz (son); Kim Cruz (daughter); Stuart Alterman, Esq.; Craig
Gumpel, Esq.; Richard O'Hagan; Andrew Cox; John Salvaggio; Tom Karpousis, Esq.;
Michael Kurinzi; Wolodymyr Tyshchenko, Esq.; Ugo Bellomo; Charles Schlager, Esq.;
Michael May; Michael Termun; Carlie Termun (spouse); Charles Armenti; Edward
Sullivan, NJSOA; Lou Hall, NJSOA; Trooper Johnson; DAG Paul Davies



OPEN SESSION

Minutes

Minutes from the meeting of September 08, 2014
Approved (Trustees Leake, Loccke abstained)

Minutes from the meeting of September 08, 2014
Approved Executive Session Minutes (Trustees Leake, Loccke abstained)

 


OPEN SESSION

Miscellaneous Issues

  None
   


OPEN SESSION

Retirement and Death Lists

C-1=
Retirement List
Approved
C-2= Chapter 104 PFRS
Approved
C-3= Active and Retired Death Lists
Approved
   

CLOSED SESSION

Ordinary Disability

 

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE
DATE

DECISION

D-1 (+) Salvaggio, John
Albert C. Wagner Youth
Correctional Facility
5/1/2010 Reinstatement from Disability
Retirement Approved
(Vote: 7-2; Trustees Loccke, Leake
nae; DAG Schimmel recused)
D-2 Bruno, Anthony
Bergen County 4/1/2014 Denied Ordinary,
Offer Deferred
D-3 Monthly OD Grid     Approved Mewborn, Kevin;
Cumberland County; effective 5/14
Provenzano, Charles; Monmouth
County/Hall of Records; effective
8/14



CLOSED SESSION

Accidental Disability

   

MEMBER'S NAME
AND NO.

EMPLOYER
EFFECTIVE
DATE
ACCIDENT
DATE

DECISION

E-1

Geissel, Christopher
Human Service Police 6/1/2014 5/21/2013 Denied Accidental Granted Ordinary
(Vote: 8-1; Trustee Barrett nae)

E-2

(+) Mollik, Gary
Vineland City 9/1/2014 10/18/2012 Denied Accidental Granted Ordinary
(Vote: 7-2; Trustees Culliton, Colacci nae)

E-3

(+) O'Hagan, Richard
Stafford Township 6/1/2013 10/29/2012 Denied Accidental Granted Ordinary

E-4

Malta, Joanne
Princeton 1/1/2015 3/28/2013

Denied Accidental, Granted Interim Ordinary and Tabled the issue of direct result for IME clarification.

E-5

Vanderburgh, Richard
Garden state Recp &
Youth Corr CTR
6/1/2014 8/25/2010 Approved

E-6

(+) Steukdle, Stacy
Buena Borough 4/1/2014 8/17/2012 Approved
(Vote: 8-1; Trustee Loccke nae)

E-7

(+) Kurinzi, Michael
City of Elizabeth 7/1/2014 6/24/2006
12/7/2010
8/19/2012
Reconsidered and Denied
Accidental Disability. Continue
collecting Ordinary Disability. Grant
OAL hearing (see H-2)

E-8

(+) May, Michael
Medford Lakes
Borough
4/1/2014 4/9/2013 Approved

E-9

Jones, Rosemarie
Dept of Corrections 6/1/2014 10/12/2010 Denied Accidental Granted Ordinary
with an 18 month re-evaluation
(Marty Barrett not present for vote)

E-10

(+) Termun, Michael
Ewing Township 11/1/2014 12/1/2009 Approved
(Trustee Loccke recused)

E-11

(+) Bellomo, Ugo
Newark City 1/1/2014 1/24/2007 Denied Accidental, Offer Deferred


OPEN SESSION

Retirement Issues

F-1 Fertitta, Michael - Passaic County - Honorable Service
Tabled per attorney request
F-2+ Whitley, Thomas - Northern State Prison -
1.) Honorable Service - Partial forfeiture of the final 3 years 4 months service and salary
2.) Service Retirement - Approved effective July 1, 2012 (Vote: 8-1; Trustee Culliton
nae)(Retirement Bureau)
F-3+ Oliveira, Noemio - City of Newark - Request Deferred Retirement
Denied (Vote: 8-1; Trustee Barrett nae)
F-4+ Wartenberg, Barry - Juv. Jus. Comm/Community Prog. - Request
for Continuation of payment for Service Retirement benefits
Denied continuation of service retirement benefits. Rescind prior approval of Service
retirement. Approve Deferred retirement effective May 1, 2020. Do not seek restitution
based on equitable factors under correction of errors. (Retirement Bureau)
F-5 Heaney, Joseph - City of Bayonne - Creditable Compensation
Tabled per member's request to seek legal representation
F-6 Scianni, Ralph - City of Bayonne - Creditable Compensation
Tabled per attorney request
   

OPEN SESSION

Hearing Decisions

G-1 Cruz, Alexis (Deceased) - Corrections Adult Diag. & Treat - Initial Decision ALJ
upheld Board's decision and denied Accidental Disability retirement benefit, ALJ reversed
Board's decision and ordered that respondent provide spouse a survivor pension and group
life insurance benefit
Adopted ALJ's decision, noted execptions and reply to exceptions. Reject one factual
finding of ALJ. Surviving spouse is entitled to Active Death benefits. (Retirement
Bureau) (Beneficiary Services)
G-2 Compton, Nancy - Hunderton County - Initial Decision ALJ upheld Board's
decision and denied request to remain in PFRS
Adopted ALJ's decision
G-3 Degrande, Claudio - Monmouth County/Hall of Records - Hearing
Withdrawals Failure to appear
Noted
G-4 Medwin, Richard - Morris County - Hearing Withdrawals Superior Court
Noted
G-5 Caraballo, Jeanice - City of Newark - Hearing Withdrawals
Noted
   

OPEN SESSION

Hearing Requests

H-1+ Mogul, Adam - Ocean Township - Appeals denial of Accidental
Disability retirement benefits
Approved OAL Hearing
H-2+ Kurinzi, Michael - City of Elizabeth - Appeals denial of Accidental
Disability retirement benefits
1.) Reconsideration (see E-7)
2.) Hearing Request
Approved OAL Hearing
H-3 Brandt, Dennis - City of Gloucester - Appeals total forfeiture of PFRS service and
salary credit and also the denial to file for Accidental Disability retirement benefits
Approved OAL Hearing
H-4 Dalesio, Michael - Township of Willingboro - Appeals denial of Accidental
Disability retirement benefits
Denied reconsideration and approved OAL Hearing
H-5+ Cox, Andrew - City of Elizabeth - Appeals denial of Accidental
Disability retirement benefits
Denied reconsideration and approved OAL Hearing
H-6 Kim, John - City of Camden - Appeals denial of Accidental
Disability retirement benefits (Beyond 45 days)
Denied OAL Hearing request. The Board directed the secretary to draft a Final
Administrative Determination
H-7 Volkmann, Kenneth - Monroe TWP. Fire District #3 - Appeals
denial of Accidental Disability retirement benefits
Approved OAL Hearing
   


OPEN SESSION

Active Membership Issues

J-1
#3-49100 - Willingboro Township - Appeals Division's Assessment of charges for voluntary separation incentive program
Tabled per attorney request
 


OPEN SESSION

Death Claim Issues

 

None



OPEN SESSION

Informational Issues

L-1 Appellate Division Decisions Cynthia Miller vs PERS
Noted
L-2 Police and Firemen's list of Board meeting dates for 2015
Noted
L-3 Common Pension Fund D as of July 31, 2014
Noted
L-4 Hawkins, Eldridge - West Orange Township - Appellate Division
Decisions Eldridge Hawkins II vs Andrew Hutter, M.D.
Noted
L-5 Common Pension Fund E as of June 30, 2014
Noted
L-6 Wire Transfers Non-Contributory Group Insurance Policy #14800 Benefit Claims for the
month of July 2014
Noted
L-7 Letter to Florence Sheppard from Senator Allen regarding P.L. 1999, Chapter 428.
Noted
   

OPEN SESSION

Reports

M-1

Outside Legal Counsel Invoice for September 2014
Approved (Trustees Culliton, Loccke recused; DAG Schimmel recused)

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

The next meeting of the Board will be held on November 10, 2014.

 

 
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