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POLICE AND FIREMEN'S RETIREMENT SYSTEM
November 13, 2006
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 2006 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 15, 2005.

OPEN PUBLIC MEETING

The first portion of the meeting is open to the public. The second portion, in conformity with the Open Public Meetings Act, shall be closed to the public based upon the personal matters exception. Those matters are confidential unless expressly waived by the individual involved.



OPEN SESSION


Called to Order: 10:03 a.m.

Adjourned: 2:28 p.m.

Roll Call:

Mark Kandrac; John Sierchio; Dennis Connelly; Rich Mikutsky; Tom Murphy; Vince Foti; Fred Beaver; Richard Loccke; Frank Leake; Nicole Fava (left at 12:00); Sherryl Gordon


Absent:  

Also Present: DAG Christine Lucarelli
   
Division Staff:

Wendy Jamison; Gail Griffin; Debbie Lane; Marylou Mayoros; Sandy Horan; Mike Czyzyk; Janice Nelson; Susanne Culliton

   
Members, Counsel, Employers, Consultants:
 

Michael Albano, Esq.; Laurence Williams; Tom Cushane, FOP; former Washington Twp. Chief of Police, Fran Burke; Mario DePaul, Tia DePaul; Jason Brooke Salmon; D. William Subin, Esq.; Charles Schlager, Jr., Esq.; Steven Fabietti, Esq.; Jeff Bruckler; Richard Rovito; Debra Rovito; Jeffrey Hauer;  Linsey Johnson, Esq.; Steven Kossup, Esq.; Mario Iavicoli, Esq.; Daniel Habeck; Louis Hall, Union Rep.; Michael Mesi, Union Rep.; Juan Gonzalez; Eric Winston, Esq.; Paul Kleinbaum, Esq.

Union Groups, etc.:

 

George Borek, IAFF; Mike Lipka, FOP; Anna Nguyen, Courier Post; Marty Birchetto, So. Jersey News; Jack Prettyman, FOP



OPEN SESSION

Minutes

Minutes from the meeting of October 16, 2006 - Approved with modification; modify to include that Director Clark addressed the Board regarding their concerns related to Management fees as noted in the Common Fund E report as of April 30, 2006 and May 31, 2006.  Also, that Director Clark provided an overview and explanation of the various types of investments and the overall status of the fund.
(Motion by Trustee Foti; seconded by Trustee Connelly)


OPEN SESSION

Finance

A-1
Common Pension Fund A as of September 30, 2006 - Approved
A-2
Common Pension Fund B as of September 30, 2006 - Approved
A-3
Common Pension Fund D as of July 31, 2006 - Approved
A-4
Common Pension Fund E as of June 30, 2006 - Approved
  (Motions by Trustee Foti; seconded by Trustee Connelly)


OPEN SESSION

Miscellaneous Issues

B-1 Administrative Code for Publication Proposed changes to creditable compensation (N.J.A.C. 17:4-4.1) - Approved
(Motion by Trustee Foti; seconded by Trustee Beaver)
B-2 Administrative Code for Final Adoption Retirement Applications (N.J.A.C. 17:4-6.1) - Approved
(Motion by Trustee Connelly; seconded by Trustee Mikutsky)
B-3 Personal and Business Relationship Disclosure Form - Noted receipt

Retirement and Death Lists

C-1
Active and Retired Death Lists for October 30, 2006 - Approved
(Motion by Trustee Foti; seconded by Trustee Sierchio)
C-2=

Retirement List - Approved
(Motion by Trustee Foti; seconded by Trustee Sierchio)

C-3

Return to Employment - Approved
(Motion by Trustee Foti; seconded by Trustee Connelly)



CLOSED SESSION

Ordinary Disability   


 
Member Name,
Number
Employer
Effective Date
Board's Decision

D-1

Coughlin, Daniel

DOC - Adult Diagnostic & Treatment Center
10/1/2004
Reconsideration of an OAL case
A.  Honorable Service
B.  Request to Purchase
C.  Ordinary Disability

Withdrawn from Agenda
D-2

DeRosa, Frederick

Rockaway Twp.
3/1/2006
 Approved
(Motion by Trustee Sierchio; seconded by Trustee Connelly; Trustee Loccke recused)
D-3

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 November 1, 2006 and earlier.

Member's Name

Effective Date

P/F

Employer

Dulin, Linford

09/06

P

Albert C. Wagner Youth Corr. Fac.

Johnson, Kim S

09/06

P

East Orange City

Krafte, Drew A

11/06

P

Washington Township

Metoyer, Elsie

08/06

P

Hudson County

Santoro, David T

01/07

P

Princeton Township

Schmidt, Roger M

09/06

P

Bordentown Township

Wilson, James W Jr

11/06

P

Bernards Township

Total = 7
(Motion by Trustee Foti; seconded by Trustee Sierchio)

CLOSED SESSION

Accidental Disability


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

E-1
Hauer, Jeffrey
 
Nutley Twp.
10/1/2006
1/7/2004
Y
Y
N
  Denied Accidental Disability;
granted Ordinary Disability
(Motion by Trustee Sierchio; seconded by Trustee Foti)
E-2

Walrond, Steven
South Brunswick Township  
9/1/2006
8/13/2006
Y
Y
Y
  Approved
(Motion by Trustee Loccke; seconded by Trustee Foti)
E-3

Vessichellli, Samuel

County of Essex
3/1/2006 
8/28/2005
Y
Y
Y
  Removed from agenda in order to receive final notice of disciplinary action - Noted
E-4
Hopson, Mary
County of Essex
6/1/2006 
4/18/2005

Y
Y
Y
  Approved 
(Motion by Trustee Foti; seconded by Trustee Murphy; Vote: 9:1 Trustee Loccke: Nae)
E-5
Branchini, Thomas

Borough of Tenafly
5/1/2007 
7/7/2005
Y
Y
Y
  Approved
(Motion by Trustee Sierchio; seconded by Trustee Foti; Trustee Loccke recused)
E-6
Lopez, Marilyn
Newark Police Department
12/1/2006 
3/23/2005
Y
T
T
  Tabled to obtain copies of  treatment records; granted  interim Ordinary Disability 
(Motion by Trustee Sierchio; seconded by Trustee Mikutsky)
E-7
Mount, Debra
Ocean County
7/1/2006 
12/2/2005
Y
N
N
  Denied Accidental Disability;
granted Ordinary Disability
(Motion by Trustee Kandrac; seconded by Trustee Mikutsky; Trustee Loccke recused)
E-8
Kosinski, Theodore
   
City of Clifton
5/1/2006
4/9/2005
Y
Y
Y
  Approved
(Motion by Trustee Foti; seconded by Trustee Sierchio)
E-9
Jones, Rachel
 
Dept. of Corrections
10/1/2006 
2/28/2006
Y
Y
N
  Denied Accidental Disability;
granted Ordinary Disability 
(Motion by Trustee Connelly; seconded by Trustee Sierchio)
E-10
Wulff, Donald
City of Bridgeton
2/1/2007
10/2/2005
Y
Y
Y
  Approved 
(Motion by Trustee Sierchio; seconded by Trustee Mikutsky; Trustee Foti abstained)
E-11
Wilson, Steven
Pemberton Twp.
12/1/2006
11/20/2005 
T
T
T
  Tabled to have member examined by a new IME
(Motion by Trustee Foti; seconded by Trustee Sierchio)
E-12
Stewart, Barry
Dept. of Environmental Protection
12/1/2005
6/13/2005
Y
Y
N
  Reconsidered & approved TP and DR; reaffirmed denial of TE; grant Ordinary Disability
(Motion by Trustee Kandrac; seconded by Trustee Sierchio)
E-13
 Mollett, Thomas
City of Newark
5/1/2006
5/4/2005
Y
Y
Y
  Approved
(Motion by Trustee Mikutsky; seconded by Trustee Connelly)
E-14
 Kerr, Dennis
Red Bank Boro.
7/1/2006
9/5/2005
Y
Y
Y
  Approved
(Motion by Trustee Foti; seconded by Trustee Connelly)
E-15
Quiros, Gabriel
City of Paterson
8/1/2003
9/7/1998
Y
N
N
   Reconsidered & denied DR; Incident dates are cumulative from 1/96 to 9/99; Continue Ordinary Disability 
(Motion by Trustee Mikutsky; seconded by Trustee Kandrac)
E-16

McKnight, Joanne
Edna Mahan Correctional
6/1/2006 
3/25/2005
5/24/2005
Y
Y
Y
N
N
N
  Denied Accidental Disability;
granted Ordinary Disability
(Motion by Trustee Connelly; seconded by Trustee Mikutsky)
+E-17
11:00 AM
DePaul, Mario

City of Atlantic City
12/1/2006 
3/10/2006
Y
Y
Y
  Approved 
(Motion by Trustee Sierchio; seconded by Trustee Fava; Trustee Loccke recused)
+E-18
Habeck, Daniel
Bayside State Prison
1/1/2006 
1/1/2005


Y
Y
Y
  Approved
(Motion by Trustee Sierchio; seconded by Trustee Murphy)
+E-19
Hunter, Raymond  
City of Newark
4/1/2006 
3/5/2005
Y
N
N
  Denied Accidental Disability;
granted Ordinary Disability 
(Motion by Trustee Connelly; seconded by Trustee Foti)
+E-20
May, Wayne
Salem County
9/1/2006 
11/17/2003
Y
N
N
  Tabled at member’s request 
(Motion by Trustee Connelly; seconded by Trustee Mikutsky)

OPEN SESSION

Retirement Issues

F-1+

Williams, Laurence - Washington Twp. - Return to Employment ResubmissionApproved (Enrollment and Retirement Bureaus)
(Motion by Trustee Sierchio; seconded by Trustee Loccke; Vote: 9:1:1; Trustee Beaver: Nae; Trustee Foti abstained)

F-2

Removed administratively - Member’s attorney requested the matter be postponed until the December 11, 2006 meeting - Noted

F-3+

Rovito, Richard - Weehawken Township - Honorable Service – Tabled until January 2007
to allow member to seek legal representation
(Motion by Trustee Foti; seconded by Trustee Connelly; Trustee Loccke recused)

Hearing Decisions

G-1+
Salmon, Jason Brook - Atlantic County - Initial Decision - ALJ reversed the Board's denial of traumatic event and granted accidental disability - Rejected DAG exceptions; adopted ALJ’s decision - approved Accidental Disability effective 4/1/05. (Retirement Bureau)         
(Motion by Trustee Sierchio; seconded by Trustee Fava; Vote: 8:3; Trustees Beaver, Kandrac, Murphy)
G-2

Hayes, Michael - Northern State Prison - Initial Decision - ALJ reversed the Board's denial of traumatic event and granted Accidental Disability - Adopted ALJ’s decision - approved Accidental Disability effective 9/1/05.(Retirement Bureau)
(Motion by Trustee Foti; seconded by Trustee Sierchio)

G-3

Vogel, Catherine - Millburn Twp. - Initial Decision - ALJ upheld the Board's decision in granting Ms. Vogel accidental disabliity retirement benefits - Adopted
(Motion by Trustee Sierchio; seconded by Trustee Foti)

G-4

Carrino, Anthony - City of Newark - Appellate Division Decisions - The Court upheld the Board's decision that the retirement benefits were properly calculated and commenced on August 1, 1999 - Noted


Hearing Requests

H-1
Christopher, Christine - North Haledon Borough - Appeals the Board's decision to deny Accidental Disability - Approved
(Motion by Trustee Mikutsky; seconded by Trustee Sierchio)
H-2+
Gonzalez, Juan - City of Newark –
A.  Request for reconsideration on the issue of traumatic event - reconsidered and approved
     traumatic event; recalculate benefit to Accidental Disability
     (Motion by Trustee Kandrac; seconded by Trustee Foti)
B.  Appeals the Board's decision to deny Accidental Disability - not applicable since member has now been      approved for Accidental Disability
C.  Request for a change in retirement date - Denied in accordance with N.J.A.C. 17:4-6.7
     (Motion by Trustee Foti; seconded by Trustee Sierchio)
H-3

Morrison, Michael - Essex County - Appeals the Board's denial of Accidental Disability retirement benefits - Approved  
(Motion by Trustee Sierchio; seconded by Trustee Mikutsky)



OPEN SESSION

Active Membership Issues

J-1
City of Northfield and Mainland PBA Local NO. 77 - Creditable Salary for contract period January 1, 2004 through December 31, 2007 - Resubmission - Article xiv, Section A
in contract– Denied, not considered creditable compensation
(Motion by Trustee Connelly; seconded by Trustee Mikutsky; Trustees Foti and Loocke recused and left the room)
Acting pay provision for long term assignments – Approved for Carty, James, Faden, Ward and Scott.
(Motion by Trustee Sierchio; seconded by Trustee Gordon; Trustees Foti and Loocke recused and left the room)(Audit Section)
J-2 City of Hoboken - Creditable Salary regarding Chief Inspector stipend - Resubmission - Approved
(Motion by Trustee Foti; seconded by Trustee Mikutsky)(Audit Section)
J-3 Cape May County and Cape May County Sheriff's Officers PBA Local No. 59 - Creditable Salary for contract period January 1, 2005 through December 31, 2008
1.  Per attorney, no appeal regarding on-call pay  (Trustee Loccke recused and left the room)
2.  Canine Care - Denied creditable compensation 
     (Motion by Trustee Mikutsky; seconded by Trustee Connelly; Vote: 9:1:1; Trustee Foti: Nae;      Trustee Loccke recused and left the room)
3.  College Credit - Denied creditable compensation
     (Motion by Trustee Connelly; seconded by Trustee Mikutsky; Vote: 8:2:1; Trustees Foti and      Murphy: Nae;Trustee Loccke recused and left the room)(Audit Section)

Death Claim Issues

K-1
Magos, Nicholas - Somerset County Prosecutor's Office - Request to change from active to retired status - Tabled to obtain letter from widow regarding her own appeal and legal representation.  The Division will contact the widow to explain the benefit options.
(Motion by Trustee Loccke; seconded by Trustee Foti) (Claims/ Retirement Bureaus)

Informational Issues

  (The Board noted the following items)
L-1
Board Member Address List
L-2

State Investment Council Minutes from the July 20, 2006 meeting

L-3
State Investment Council Minutes from the August 22, 2006 meeting
L-4
PFRS Mortgage Statements/Memos for September 2006
L-5
Wire Transfers
L-6
2007 PFRS Board meeting dates

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

The next meeting of the Board will be held on December 11, 2006.

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