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POLICE AND FIREMEN'S RETIREMENT SYSTEM
November 19, 2007
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 2007 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on October 22, 2007.

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’ website 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: 10:08 a.m.

Adjourned: 4:40 p.m.

Roll Call: Richard Loccke (left at 3:30 p.m.); Mark Schwedes (designated State Treasurer Representative; left at 3:00 p.m.); Sherryl Gordon; Tom Murphy; Vince Foti; Rich Mikutsky; John Sierchio; Mark Kandrac; Frank Leake

Absent: Nicole Fava

Also Present: DAG Kellie Pushko; DAG Peter Garcia; DAG Eileen DenBleyker
   
Division Staff:

Wendy Jamison; Gail Griffin; Virginia Martucci; Marylou Mayoros; Lisa Pointer; Sharon Palmer; Mary Ellen Rathbun; Mike Czyzyk; Jean Monahan; Wendy Whitfield

   
Members, Counsel, Employers, Consultants:
 

Thomas Corcoran; Frank Crivelli, Esq.; Sidney Lehmann, Esq.; Steven Kossup, Esq.; Frank Russo; John Feeley, Esq.; William Hagmaier; Sherry Modean (daughter of Nicholas Ciarocco); John Kuschyk; Mary Kuschyk; Lorna Walder; Christopher Kondreck; Joshua Madama; Carl Jackson, Tom Boyle; John Hodavance; Justo Velez; Timothy Smith, Esq.; Anthony Puccino; Ralph Boswell; Anthony Fusco, Esq.; Gerald Turning; Fred Klatsky, Esq.; Robert Merriman; Lewis Dutton;Dennis Keenan; Samuel Halpern, Esq.; Nestor Guzman, Esq.; Brian Burn; Ed Mclaughlin; Bill Fitzpatrick; Elise DiNardo, Esq.; Charles Ottaviano; Ciro Mangione; Keith Dunn; Wayne Hall; Marco Manzi; Daniel Zirrith, Esq.; Kevin Konop;

Union Groups, etc.:
  Regina Herz; Anthony Wieners, PBA; Clifford Rumpf, PBA; George Borek, IAFF


OPEN SESSION

Minutes

Minutes from the meeting of October 15, 2007 - Approved
(Trustees Schwedes and Mikutsky abstained)


OPEN SESSION

Finance

A-1 Common Pension Fund E as of March 31, 2007 - Approved
A-2 Common Pension Fund A as of September 30, 2007 - Approved
A-3

Common Pension Fund B as of September 30, 2007 - Approved



OPEN SESSION

Miscellaneous Issues

B-1

Administrative Code - Tabled for Police Training Commission and Dept. of Personnel representatives to attend the Board meeting to discuss issues regarding enforcement of the rule within 18 months and clarification on prospective application.

B-2 Election Results - Wayne Hall is the newly elected police trustee - term commences December 1, 2007
=B-3

Final adoption PFRS regulation on credible compensation - Tabled until the Board’s January meeting.



OPEN SESSION

Retirement and Death Lists

C-1

Active and Retired Death Lists - Approved

=C-2 Retirement List - Approved
=C-3 Chapter 104 PFRS - Approved

(A motion to adopt Resolution A was made by Trustee Foti and seconded by Trustee Kandrac)


CLOSED SESSION

Ordinary Disability


.
Member Name,
Number
Employer
Effective Date
Board's Decision

D-1

Collis, James

City of Clifton             
8/1/2007
Approved; c. 428

D-2
Manzi, Marco
City of Paterson
7/1/2007 Denied Involuntary Ordinary Disability

D-3
Wilson, Leonard
Dept. of Corrections
3/1/2007 Approved Involuntary Ordinary Disability

D-4
Capetillo, Lynette
County of Cumberland
9/1/2007 Approved

D-5 Tull, Frank
City of Trenton
12/1/2007 Approved with re-exam in one year
(Vote: 8:0:2: Trustees Murphy and Foti abstained)

D-6

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, 2007 and earlier.

Member's Name

Effective Date

P/F

Employer

Battaglia, Robyn L

04/06

P

Parsippany Troy Hills

Burgess, Rodney

03/07

P

Morris County

Chiaro, Richard T

06/07

P

Howell Township

Cox, Wesley Sheppard III

09/07

P

Correct-Bayside State Prison

Dansby, Mozelle S

08/07

P

Midstate Correctional Facility

Hammond, Robert E

06/07

P

Monmouth County/Hall Of Records

Lewis, William Edmund Jr

08/07

P

Burlington County

Polhamus, Keith

10/07

P

Vineland City

Stirling, Louis F

08/07

P

Middlesex County 

Welden, Luther B III

07/07

P

Correct-Bayside State Prison

Total = 10

*Louis Anthony Pitt - Tabled for examination by IME



CLOSED SESSION

Accidental Disability


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

E-1

Corcoran, Thomas

Juvenile Justice Commission
12/1/2006
9/22/2005
Y
N
Y
.
Reconsidered & approved TE; case remains in OAL on issue of DR
(DAG Pushko recused)

E-2

Hornick, Timothy
 
Mount Laurel Township
1/1/2007
3/29/2005


Y
Y
Y
.
Reconsidered & approved TE; approved Accidental Disability
(Vote: 7:1:1: Trustee Kandrac: Nae: Trustee Gordon recused; DAG Pushko recused)

E-3


Mottola, Anthony

Union City Police
6/1/2005
11/9/2000
N
N
N
.
Reconsidered & denied TE; case remains in OAL on TP, DR; TE outcome of incident was not external and not undesigned and unexpected
(Trustee Loccke recused)

E-4
Rando, Deborah


City of Atlantic City
11/1/2001
9/23/1999

Y
N
Y
.
Reconsidered & approved TE; case remains in OAL on issue of DR (DAG Pushko recused)

E-5
Roles, Richard


Hudson County  
9/1/2001
1985 thru 1990
 5/23/2001
N
Y
N
N
N
N
.
Reconsidered & denied TE; incidents of 1985-1990 were not identifiable as to time and place; incident of 5/23/2001 was not caused by an external circumstance and was not as a result of regular or assigned duties; case remains in OAL on issues of DR and TE
(DAG Pushko recused)

E-6
Russo, Craig

Northern State Prison
2/1/2006
11/8/2004
T
T
T
.
Tabled to have member re-examined by original IME
(DAG Pushko recused)

E-7
Zottman, Thomas
 
Dept. of Corrections
1/1/2007
3/7/2005
N
N
Y
.
Reconsidered & approved TE; case remains in OAL on issues of TP and DR
(Vote: 7:2: Trustees Mikutsky and Foti: Nae)

E-8
Callahan, Thomas

Union City
7/1/2005
2/16/2004
Y
Y
Y
.
Reconsidered & approved TE; approved Accidental Disability
(DAG Pushko and Trustee Loccke recused)

E-9
Caminiti, Frank

Essex County
1/1/2004
1/20/2000
T
T
T
.
Tabled pending the Supreme Court ruling in similar matters; continue Ordinary Disability
(DAG Pushko and Trustee Loccke recused; Trustee Foti abstained)

E-10
Class, Juan
   
Dept. of Corrections Yardville
1/1/2005
5/5/2003

.
.
.
.
Supreme Court case - Noted

E-11
Czarnecki, Robert

Trenton City
10/1/2002
4/8/1999 
Y
Y
Y
.
Reconsidered & approved TE; approved Accidental Disability
(Trustee Kandrac recused)

E-12
Russo, Frank

Juvenile Justice Commission
10/1/2004
5/1/2004
T
T
T
.
Tabled to have member re-examined by original IME
(DAG Pushko recused) 

E-13
Belenski, Angelica

 
Juvenile Justice Commission
10/1/2005
10/8/2004

Y
Y
Y
.
Reconsidered & approved TE; approved Accidental Disability
(Vote 8:1: Trustee Loccke: Nae)

E-14
Ricks, Richard

Mercer County
6/1/2007
6/22/2006
N
N
N
.
Denied Accidental Disability; outcome of incident was not undesigned and unexpected

E-15
Hagmiger, William


Moorestown Twp.
11/1/2007
6/7/2005
Y
Y
Y
.
Approved
(Vote: 7:2: Trustees Kandrac and Mikutsky: Nae)

E-16
Kuschyk, John
Ewing Twp. 7/1/2007
2/7/2005
Y
Y
Y
.
Approved
(Trustees Loccke and Foti recused)

E-17
Costantino, Clear
Egg Harbor Twp. 7/1/2007
7/13/2006

Y
Y
Y
.
Approved
(Trustee Loccke recused)

E-18
Baltuskonis, Andrew
Cape May County 2/1/2007

11/18/2000
4/11/2001
8/27/2001
5/19/2002

7/18/2004
5/29/2006

 

 

Y
Y
Y
Y
Y
Y
Y
Y
Y
N
Y
Y
Y
N
N
Y
N
Y
N
N
N
Denied Accidental Disability; granted Ordinary Disability; the incidents of 4/11/2001, 8/27/2001 and 7/18/2004 were not caused by an an external circumstance; and the incidents of 8/27/2001 and 7/18/2004 did not occur during the performance of member’s  regular and assigned duties.

E-19
Welker, John
Boro of Pine Hill 5/1/2007
4/26/2006
Y
Y
Y
.
Approved

E-20
Allen, Samuel
City of Millville 6/1/2007
11/30/2006
Y
Y
Y
.
Approved
(Trustee Foti abstained; Trustee Loccke recused)

E-21
Roden, Paul
Egg Harbor Township 12/1/2007
7/13/2006
4
Y
Y
Y
.
Approved
(Vote: 6:2:1: Trustees Leake and Schwedes: Nae; Trustee Loccke recused)

E-22
Ciarocco, Nicholas
County of Bergen 10/1/2007
9/20/2005
Y
Y
Y
.
Approved

E-23
Walder, Lorna

 
Environmental Protection
11/1/2007
4/1/2006

Y
Y
N
.
Denied Accidental Disability; granted Ordinary Disability;
outcome of incident was not undesigned and unexpected and not in the performance of duty
(Vote: 7:2: Trustee Leake and Schwedes: Nae)

E-24
Kondreck, Christopher
 
Belleville Police Dept.
12/1/2006
1/6/2002
Y
Y
Y
.
Approved
(Trustee Loccke recused)

E-25
Tinson, Floyd


City of Newark
7/1/2007
3/14/2006
Y
Y
N
.
Denied Accidental Disability; granted Ordinary Disability; incident was not caused by an external circumstance and did not occur as a result of regular and assigned duties; the outcome was not undesigned and unexpected

E-26
Rosado, Nelson
City of Perth 1/1/2007
2/17/2004
3/16/2005
T
T
T
T
T
T
.
Tabled to obtain additional documentation from the employer

E-27
Madama, Joshua
Borough of Allentown 2/1/2007
3/31/2004
Y
T
T
.
Tabled pending the Supreme   Court ruling in similar matters; granted interim Ordinary Disability

E-28
Jackson, Carl
City of Woodbury 3/1/2007
8/19/2005
Y
Y
Y
.
Approved

E-29
Hodavance, John
Township of 12/1/2007
3/24/2001

Y
T
T
.
Tabled pending the Supreme   Court ruling in similar matters; granted interim Ordinary Disability
(Trustee Loccke recused)

E-30
Velez, Justo
Twp. of Bloomfield 7/1/2007
3/22/2002
Y
Y
Y
.
Approved

E-31
Bailey, Robin
Twp. of Voorhees 1/1/2006
5/31/1996
3/11/2005
N
N
N
N
Y
N
N
Denied Accidental Disability; offered Deferred; incident was not caused by an external circumstance and the outcome was not undesigned and unexpected

E-32
Fisher, Andrew
Twp. of Denville 10/1/2006
6/22/2001
T
T
T
T
Tabled to obtain information regarding charges and for documentation to support delayed manifestation

E-33
Konop, Kevin
City of East Orange 2/1/2006
3/18/2005
Y
Y
Y
.
Approved

E-34
Muniz, Marcos
City of Camden 7/1/2007
11/24/2005
Y
Y
Y
.
Approved
(Trustee Loccke recused)

E-35
Ranton, Leroy
Boro of Paulsboro 7/1/2007
4/30/2006
N
N
Y
.
Denied Accidental Disability; offered Special Retirement

E-36
Alvarado, Samuel
Juvenile Justice Commission 6/1/2005
9/14/2004
Y
Y
Y
.
Approved

E-37
DiGiovanni, James
Borough of Eatontown 2/1/2008
4/7/2003
Y
Y
Y
.
Approved

E-38
McGhee, Alecica
Juvenile Justice Commission 7/1/2007
5/15/2006
Y
Y
Y
.
Approved

(A motion to return to Open Session was made by Trustee Mikutsky and seconded by Trustee Sierchio)


OPEN SESSION

Retirement Issues

F-1

Gutierrez, Miguel - Riverfront State Prison - Honorable Service - Total forfeiture

F-2

Verdon, Thomas - City of Jersey City - Suspension of Pension - Suspend retirement benefit effective January 1, 2008
(Vote: 5:2: Trustees Kandrac and Mikutsky: Nae) (Retirement Bureau)

F-3+

Boswell, Ralph - City of Newark - Honorable Service - No forfeiture; approved Special retirement effective March 1, 2007, after purchase is credited to member’s account
(Purchase Section and Retirement Bureau)

F-4+

Turning, Gerald - Tinton Falls Borough - Creditable Salary - Refer to External Audit for final review (Trustee Loccke recused) (External Audit)

F-5

Paolella, Angelo - Warren Township - Honorable Service - Partial forfeiture of last 11 months of service and salary; approved Service retirement effective October 1, 2007
(Retirement Bureau)

F-6 Peterson, Richard - Ocean County - Honorable Service - Total forfeiture


OPEN SESSION

Hearing Decisions   

G-1

Wilson, Monica - City of Hackensack - Appellate Division Decisions - Court upheld the Board's denial of Accidental Disability - Noted

G-2

Dutton, Lewis - South Woods Prison - Appellate Division Decisions - The Court reversed the Board’s decision and approved Accidental Disability effective October 1, 2004 - Noted (Retirement Bureau)

G-3

City of Hoboken - Initial Decision - The ALJ upheld the Board's denial of creditable compensation - Adopted

G-4

Scott-Greene, Lori - East Jersey State Prison - Appellate Division Decisions - The Court upheld the Board's decision to deny Accidental Disability due to no traumatic event - Noted



OPEN SESSION

Hearing Requests
(A motion to adopt Resolution B was made by Trustee Kandrac and seconded by Trustee Leake.  A subsequent motion to return to Open Session was made by Trustee Foti and seconded by Trustee Loccke)

H-1+

Keenan, Dennis - City of Trenton - Appeals the Board's determination that the Division of Pensions should collect the contributions for the period of time when Mr. Keenan was required to re-enroll in PFRS - Denied reconsideration as the Court was clear that Mr. Keenan was required to re-enroll; denied request for a stay; approved hearing request
(Trustee Murphy recused)

H-2

DeVincenzo, Anthony - Essex County - Appeals the denial of Accidental
Disability - Approved

H-3

Kelsey, Aaron - City of Trenton - Appeals the denial of Accidental
Disability - Approved

H-4 Serghis, Louis - Union City - Appeals denial of Accidental Disability - Approved
H-5

Martin, Franciso - Cumberland County - Appeals denial to purchase service credit - Approved



OPEN SESSION

Active Membership Issues
(A motion to adopt Resolution B was made by Trustee Sierchio and seconded by Trustee Schwedes.  A subsequent motion to return to Open Session was made by Trustee Sierchio and seconded by Trustee Gordon)

J-1

City of Paterson - Location #3-30701 - Creditable Salary Firefighter's Association and Fire Captain's Association - creditable compensation - Based on the Board’s finding of a violation in the Fire Captain’s contract (8/23/03 - 7/31/05) for longevity in the 20th and 24th years, the Board approved a change from 12% in the 20th year to 8% in the 20th year; and from 20% in the 24th year to 10% in the 24th year. Retirees’ pension allowances will be adjusted on a prospective basis effective 1/1/08.

Based on the Board’s finding of a violation in the Fire Association’s contract (7/1/03 - 6/30/05) for longevity in the 20th and 24th years, the Board approved a change from 12% in the 20th year to 8% in the 20th year; and from 18% in the 24th year to 10% in the 24th year.  Retirees’ pension allowances will be adjusted on a prospective basis effective 1/1/08. 
(Vote: 5:2:1: Trustees Mikutsky and Foti: Nae; Trustee Loccke recused) (Retirement Bureau and Audit Section)

J-2

City of Paterson - Location #3-30701 - Creditable Salary - Uniformed Battalion Chief's Association - Based on the Board’s finding of a violation in the contract (8/1/00 - 7/31/05) for longevity in the 20th and 24th years, the Board approved a change from 12% in the 20th year to 8% in the 20th year; and from 14% in the 24th year to 10% in the 24th year.  Retirees’ pension allowances will be adjusted on a prospective basis effective 1/1/08. 
(Vote: 5:1:1: Trustee Mikutsky: Nae; Trustee Loccke recused; Trustee Foti not present for vote)
(Retirement Bureau and Audit Section)

J-3+

City of Paterson - Location #3-30701 - Creditable Salary - Postponed until the Board’s January meeting per attorney’s request

J-4+

Ottaviano, Charles - South Woods State Prison - Membership Request to re-enroll in PFRS - Denied

J-5

Ottolaine, Gary - Jersey City Fire Department - Request waiver of Ex-Spouse's overpayment - Denied waiver; approved 10 year repayment schedule with assignment
of life insurance (Enrollment Bureau and Beneficiary Services)




OPEN SESSION

Death Claim Issues

K-1

None



OPEN SESSION

Informational Issues

L-1

Appellate Division Decisions regarding Sylvia Tripolsky vs PERS - Noted

L-2
Memos regarding new procedure for DOP notification of overage firefighters (& police) - Noted
L-3
Appellate Division Decisions Clement Kackos v. PERS Board - Noted
L-4 Wire Transfers - Noted
L-5 PFRS Mortgage Statements/Memos September 2007 - Noted
L-6 Certifying Officer Letters - Noted
L-7 DAG Kellie Pushko assigned as counsel for PFRS Board - Noted
L-8 Fact Sheets - Noted

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

The next meeting of the Board will be held on December 10, 2007.

 

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Division of Pensions and Benefits
PO Box 295
Trenton, NJ 08625-0295

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Last Updated: November 20, 2007