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Pensions and Benefits
POLICE AND FIREMEN'S RETIREMENT SYSTEM
OCTOBER 17, 2016
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 2016 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on December 21, 2015.

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 (19K) Deferred - none
Special Adobe PDF (14K) Totals Adobe PDF (19K)


OPEN SESSION


Called to Order: 10:09 AM

Adjourned: 4:02 PM

Roll Call:

Marty Barrett, Keith Bennett, Laurel Brennan, Susanne Culliton, Frank Leake, Richard Loccke, Brady Middlesworth


Absent: Tim Colacci, Mike Kaniuk

Also Present: DAG Danielle Schimmel (left at 2:12 p.m.; DAG Jeff Ignatowitz counseled Board);
Mike Weik; Lisa Pointer; Sharon Palmer; Valerie McManus; Wendy Jamison; Luann
Barnett; Saretta Dudley; Jackie Bussanich; William Tedder; John Sloth; Susan Grant;
Mark Casey; James Wrightson; Robert Gilmartin; Samuel Gaylord, Esq.; James
Mclean; Kara Ansley; Jeffrey Baker; Cathleen Banker, Esq.; Vache Assadourian;
Chief Martin Kahn; Chief David Brennan; Brendan O'Reilly; Vincent Bellucci; Mark
Citakian; David Hoy; Jennifer Argerziano; Kevin Hanuegun; Craig Gumpel, Esq.;
Chief Dinglestedt; Greg Giordano; Rick Salkewski; William Daritt; Brant Hamilton;
Alberto Sanchez; Dennis Wuest; DAG Robert Kelly; Tim Smith, Esq.; Ezzard
Williams; Joseph Slawinsky, Esq.; Anthony Cook; Frank Semmel, Giuseppina
Semmel; James Letts; John Feeley, Esq.; John Olohan; Michael Connelly; Emmanuel
Rosa; Nativo Mendez; Roger Schneider; Lisa Schneider; Donna Porcaro, Kevin
Klepaldo; Jaci Klepadlo; Asia Atkins; Karen Ruiz; Kenyatta Kelly; Christopher Gray,
Esq.; John Larkin; Mrs. Larkin; Michael Anderson; Mrs. Anderson; Stuart Alterman,
Esq.; Braheme Days; Peter Andreyev, NJSPBA


OPEN SESSION

Minutes

Minutes from the meeting of September 12, 2016
Approved with modifications (Trustee Loccke abstained)

Executive Session Minutes for September 12, 2016
Approved (Trustee Loccke abstained)


OPEN SESSION

Miscellaneous Issues

  None
   


OPEN SESSION

Retirement and Death Lists

C-1
Active and Retired Death Lists for October 4, 2016
Approved
C-2= Retirement List
Approved
   

CLOSED SESSION

Ordinary Disability

 

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE
DATE

DECISION

D-1 Ribitzki, Jessica

Pompton Lakes Borough   1.) Review Settlement Agreement
2.) Request to file for Ordinary
Disability Tabled for Uricoli
(Trustee Loccke recused)
D-2 Cook, Anthony
Essex County 1/1/2016 Denied Involuntary Ordinary, Offer
Service
(Trustee Loccke recused)
D-3 Araujo, Mario
Essex County 10/1/2014 Reconsideration of an OAL case
Amended application from
Accidental to Ordinary Disability
Approved
(Trustee Loccke recused)
D-4 Carr, Claudia
Cherry Hill Township 5/1/2016 Approved
D-5 Monthly OD Grid     (+) Harkins, Michael; Gloucester
Township; effective 12/15 - Approved
Nagle,Russell; Collingswood
Borough; effective 8/16 - Approved
with an 18 month re-evaluation
Farrell, Sean; Monmouth County;
effective 11/15;
Swan, Jeffrey; Camden City; effective 9/16; Quiles, James; Warren CO BD of Chosen
FRHLDRS; effective4/16 - Approved



CLOSED SESSION

Accidental Disability

   

MEMBER'S NAME
AND NO.

EMPLOYER
EFFECTIVE
DATE
ACCIDENT
DATE

DECISION

E-1

(+) Semmel, Frank
City of Paterson     1.) Honorable Service
2.) Request to file for Accidental
Disability Tabled for additional
information

E-2

(+) Letts, James
Cilty of Trenton 8/1/2015   Request no Worker's Compensation
offset Denied and affirmed the
determination of the Division
(Vote: 6-1; Trustee Barrett nae)

E-3

Pleasants, Jerome
West Orange
Township
9/1/2016 9/25/2014 Involuntary Approved

E-4

(+) Edelstein, David
Edison Twp. 1/1/2016 6/26/2013 Denied Accidental Granted Ordinary
continue in OAL

E-5

(+) Porcaro, Donna
Rochelle Park
Township
1/1/2017 12/14/2015 Approved
(Trustee Loccke recused)

E-6

(+) Klepadlo, Kevin
Atlantic City 6/1/2016 9/8/2008
4/11/2011
1/20/2016
Denied Accidental Granted Ordinary
(must be a culmination of all 3
incidents)
(Vote: 6-1; Trustee Barrett nae)

E-7

(+) Atkins, Asia
Department of
Corrections
10/1/2015 6/14/2011
7/5/2015
Denied Accidental, Offer Deferred

E-8

(+) Ruiz, Karen
City of Camden 12/1/2014 10/7/2009
2/11/2013
1.) Review report and records from
Pension Investigation Unit regarding
member-in-service - Reconsidered
and determined not to be a
member-in-service
2.) Accidental Disability - terminate
Ordinary Disability benefits; seek
reimbursement from inception; and
refer to Attorney General's office for
review.

E-9

(+) Olohan, John
Newark City 10/1/2016 8/3/2014 Approved

E-10

(+) Schneider, Roger
Branchburg Twp.     1.) Honorable Service - Partial
forfeiture of service and salary from
January 1, 2012 until the end of
employment - (Vote: 6-1; Trustee
Loccke nae)
2.) Request to file for Accidental
Disabiliy - Denied

E-11

(+) Connelly, Michael
Jersey City Fire
Department
9/1/2016 4/21/2012 Approved

E-12

Morgan, Rachel
Paramus Borough 3/1/2016 2/6/2011 Approved
(Trustee Loccke recused)

E-13

Davis, Henry
New Brunswick City 12/1/2016 4/6/2013 Approved

E-14

Jones, Anthony
Englewood City 2/1/2016 12/12/2012 Involuntary Reconsidered and
Approved
(Trustee Loccke recused)

E-15

(+) Clark, Cornelius
Clementon Borough 6/1/2016 2/4/2015 Approved

E-16

(+) Days, Braheme
Bridgeton City 4/1/2016 12/30/2014 Approved with an 18 month reevaluation

E-17

Potts, Kamen
Pleasantville City 10/1/2016 3/27/2014 Approved with an 18 month reevaluation

E-18

(+) Larkin, John
State Parole Board 10/1/2014 9/19/2013 Approved

E-19

(+) Rosa, Emmanuel
Essex County 1/1/2016 6/3/2013 Approved
(Trustee Loccke recused)

E-20

Reed, Carrie
City of Newark 9/1/2015 3/2/2014 Denied Accidental Granted Ordinary
or Service

E-21

(+) Ilic, Alexander
City of Paterson 11/1/2015 12/5/2009
5/21/2011
Denied Accidental, Offer Deferred
(Vote: 6-1; Trustee Barrett nae)

E-22

(+) Anderson, Michael
Lakewood Township 8/1/2016 11/28/2014 Involuntary Approved

E-23

Nelson, Andree
City of Newark 11/1/2016 1/16/2010
7/19/2013
7/4/2014
Denied Accidental Granted Ordinary
or Service
E-24 (+) Mendez, Nativo
City of Newark 12/1/2015 7/17/2012 Approved



OPEN SESSION

Retirement Issues

F-1+ McLean, James - Corrections Adult Diag. -
1.) Honorable Service - Partial forfeiture of 4% of retirement benefit
2.) Special - Approved (Retirement Bureau, Audit Section)
   

OPEN SESSION

Hearing Decisions

G-1 Balitsky, Fred - Mountainview Youth Corr. Fac. - Hearing Withdrawals
Noted
G-2 Iazzetti, Laura - City of Hackensack - Hearing Withdrawals
Noted
G-3 McLaughlin, John - Weehawken Township - Hearing Withdrawals
Noted
G-4 Brown, Edward - Brigantine City - Hearing Withdrawals
Noted
G-5 Fiocco, Richard - Ocean County - Hearing Withdrawals
Noted
G-6 Gillispie, John - Deptford Township - Hearing Withdrawals
Noted
G-7 Lombardo, John - City of New Brunswick - Hearing Withdrawals
Noted
G-8 Williams, Ezzard - Irvington Township - Findings of Fact, Conclusions of Law
Approved (Vote: 6-1; Trustee Barrett nae; DAG Schimmel recused)
G-9+ Santana, Maribel - Freehold Borough - Reconsideration of
Accidental Disability Currently on appeal in Appellate Court
Reconsidered and Approved and withdraw from Appellate Court. The Board authorized the
DAG to execute the Stipulation of Dismissal from the Appellate Division and authorized the
Board Secretary to sign the Settlement Agreement approving Accidental Disability.
(Retirement Bureau) (Vote: 5-2; Trustees Loccke, Barrett nae)
G-10 Garrett, George - Dept. Of Corrections - Appellate Division
Decisions Remand from Appellate Court
Remanded back to OAL
G-11 Lucas, Ronald - City of Newark - Proposed Settlement Offer
Rejected; continue in the OAL
G-12 Megna, Stephen - City of Newark - Final Administrative
Determinations
Approved
G-13 Mattia, Paul - Corrections -Adult Diag. - Findings of Fact, Conclusions of Law
Approved
G-14 Gromek, Karen - Hudson County -
1.) Reconsideration of Initial Decision - Reconsidered
2.) Findings of Fact, Conclusions of Law - Approved
G-15 Semenza, Dominic - Middlesex County - Initial Decision ALJ reversed Board's
decision and determined that the Board may not refuse to consider the application for
Accidental Disability which was filed timely and when the applicant was a member in
service. Exceptions; Reply to Exceptions
Rejected ALJ's decision; noted exceptions and reply to exceptions. The PFRS Board
considers several cases every month whereby the applicant applies for disability and
should the disability diminish, the member cannot return to employment. The Board views
this as inconsistent with the statute N.J.S.A. 43:16A-8.
   

OPEN SESSION

Hearing Requests

H-1 Geraci, Anthony - Jersey City Fire Department - Appeals denial of Ordinary Disability
Approved OAL
H-2 Schlett, Paul - Pennsauken Township -
1.) Reconsideration - Denied
2.) Hearing Request - Approved OAL
H-3+ Ferry, Paul - Margate City -
1.) Reconsideration - Denied
2.) Hearing Request - Approved OAL
H-4 Nazare, Nicholas - Bergen County - Appeals denial of Ordinary Disability
retirement benefits.
Approved OAL
H-5+ Duffy, Terrace - City of Paterson - Appeals denial of Accidental Disability
retirement benefits
Approved OAL
H-6 Mallory, Alnesa - City of Newark - Appeals denial of Accidental
Disability retirement benefits
1.) Reconsideration - Denied
2.) Hearing Request - Approved OAL
H-7 Martinez, Michael - Essex County - Appeals denial of Accidental Disability
retirement benefits
Approved OAL
H-8 Vargas, Afred - South Woods Prison - Appeals Partial Forfeiture of Service and
Salary
1.) Reconsideration - Denied
2.) Hearing Request - Approved OAL
H-9+ Prendeville, Jason - Juv. Jus.Comm. - Appeals denial of Accidental Disability
retirement benefits
1.) Reconsideration - Denied
2.) Hearing Request - Approved OAL
H-10+ Bergamo, Nicholas - Vineland City - Appeals denial of Accidental Disability
retirement benefits
Approved OAL
H-11 Zajkowski, John - City of Newark - Appeals Board's denial to
reopen 2011 determination regarding deferred retirement
Denied; the Board directed the Secretary to draft a Final Administrative Determination
   


OPEN SESSION

Active Membership Issues

J-1+
Baker, Jeffrey - Essex County - Purchase Request
Denied (Vote: 6-1; Trustee Barrett nae)
J-2+ 3-02039-Fairview Borough - Vache Assadourian eligibility for Enrollment in PFRS
Approved (Vote: 5-1; Trustee Culliton nae; Trustee Loccke recused) (Enrollment Bureau)
J-3+ #3-23900 - Maplewood Township-David Hoy - eligibility for Enrollment in PFRS
Approved (Vote: 6-1; Trustee Culliton nae) (Enrollment Bureau)
   


OPEN SESSION

Death Claim Issues

  None
   


OPEN SESSION

Informational Issues

L-1 Common Pension Fund E as of June 30, 2016
Noted
L-2 Common Pension Fund D as of July 31, 2016
Noted
L-3 Common Pension Fund E as of July 31, 2016
Noted
L-4 Appellate Division Decisions Michael G. Steeele vs TPAF
Noted
L-5 Wire Transfers Non-Contribritory Group Insurance Policy #14800 Benefit Claims for the
month of August 2016.
Noted
L-6 Common Pension Fund D as of August 31, 2016
Noted
L-7 2017 Board Dates
Noted
   


OPEN SESSION

Active Membership Issues

M-1=
Pension Boards v. NJ - appeal update
Noted (Trustees Culliton, Loccke and DAG Igantowitz recused)
M-2 New Business Update on Atlantic City Early Retirement Incentive (ERI)
Noted
   

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

The next meeting of the Board will be held on November 14, 2016.

 

 
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