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Pensions and Benefits
POLICE AND FIREMEN'S RETIREMENT SYSTEM
NOVEMBER 10, 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: 3:20 PM

Roll Call:

Marty Barrett; Keith Bennett; Laurel Brennan; Susanne Culliton; Vince Foti; Wayne Hall; Frank Leake; Richard Loccke; Brady Middlesworth


Absent: Tim Colacci

Also Present: DAG Danielle Schimmel; Wendy Jamison; Lisa Pointer; Sharon Palmer; Mike Weik;
Cheryl Chianese; Valerie McManus; William Brunt; Larry Loigman, Esq.; Tim Lynch;
George Borek, West Windsor Councilman; DAG Nels Lauritzen; Stuart Alterman, Esq.; Steven Bogart; Christopher Geissel; Johnathan Taylor; Amy Stutzke, Esq.; Trooper Ramos; Paul Kleinbaum, Esq.; Brian Manetta, Esq.; Matthew Areman, Esq.; Darryl Wright; Lisa Dorsey Robinson; Cristel Holmes-Bowie, Esq.; Barbara Lightsfoot; Joanne Diggs; Anthony Weiners; Craig Gumpel, Esq.; Charles West; President Newark Firefighters; Roy Rambo; Peggy Mallen, NJSP Survivors of The Triangle; Pat Toscano, Esq.; Ed Wengerter; Mrs. Wengerter; Christopher Gray, Esq.; DAG Robert Garrison; Jamil Aburomi; John Feeley, Esq.; Davin Lehman; Steven Hoffman; Willie Jetti; Amie DiCola, Esq.; Ken Hawkins; Craig Argus; Marco Catania; Mrs. Catania; Kelly Zrebiec; Mark Zrebiec; Brian Jones; Christopher Frucci; Dan Seybert; Kerryann Mendoza, Nieves Mendoza; Mary Ellen Rathbun; Hank Schwedes


OPEN SESSION

Minutes

Minutes from the meeting of October 6, 2014
Approved (Trustee Brennan abstained)

Minutes from the meeting of October 6, 2014
Approved Executive Session (Trustee Brennan abstained)

 


OPEN SESSION

Miscellaneous Issues

B-1 Chapter 204 PFRS Title Review State Commission of Investigation - Special
Agent/Investigator 3
Tabled for additional information from the employer.
   


OPEN SESSION

Retirement and Death Lists

C-1
Active and Retired Death Lists for November 3, 2014
Approved
C-2 Retirement List
Approved
   

CLOSED SESSION

Ordinary Disability

 

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE
DATE

DECISION

D-1 Wengerter, Edward

North Hudson Reg.
Fire & Rescue
9/1/2012 Approved
D-2 Luden, Richard

Pemberton Township 3/1/2014 Tabled for clarification from employer
(Trustee Bennett recused)
D-3 Bullaro, Robert

City of Trenton 2/1/2005 Approved reinstatement



CLOSED SESSION

Accidental Disability

   

MEMBER'S NAME
AND NO.

EMPLOYER
EFFECTIVE
DATE
ACCIDENT
DATE

DECISION

E-1

(+) Aburomi, Jamil
Pompton Lakes
Borough
7/1/2014 12/26/2012 Approved
(Trustee Loccke recused)

E-2

(+) Lehman, Davin
Township of Bloomfield 3/1/2013 10/23/2011
4/1/2012
Reconsideration of an OAL case
Tabled for additional information
from employer

E-3

Polidura, Michael
City of Perth Amboy 4/1/2014 9/29/2012 Approved

E-4

(+) Hoffman, Steven
Maywood Borough 9/1/2014 8/5/2009
12/30/2013
Approved
(Vote: 6-3; Trustees Foti, Leake,
Culliton nae)

E-5

(+) Cressey, Edward
City of Pleasantville 11/1/2014 6/14/2013 Approved
(Vote: 8-1; Trustee Loccke nae)

E-6

(+) Jetti, Willie

County of Essex 8/1/2010 3/10/2009 1.) Honorable Service - Partial
forfeiture of service and salary from
February 2007 until the end of
employment.
2.) Reconsideration of Accidental
Disability - Reaffirmed denial. Case
remains in the OAL.
(Trustee Loccke recused)

E-7

Barnwell, Carlos
Burlington County 6/1/2014 5/25/2013 Denied Accidental Granted Ordinary
or offer Service

E-8

LaBelle, Charles
Garden State Recp &
Youth Correction Center
11/1/2014 11/8/2013 Approved

E-9

Puntiel, Rafael
City of Perth Amboy 7/1/2014 12/4/2013 Approved

E-10

(+) Casasanta, Nicola
Passaic County 11/1/2014 12/23/2012 Approved
(Vote; 7-1; Trustee Middlesworth
nae; Trustee Loccke recused)

E-11

Dubac, Ian
City of Passaic 11/1/2014 11/17/2012 Approved

E-12

(+) Argus, Craig
Atlantic City 6/1/2014 5/31/2013 Approved
(Trustee Bennett recused)

E-13

Joyce, James
City of Passaic 10/1/2014 3/26/2013 Approved

E-14

(+) Catania, Marco
Passaic County 8/1/2014 9/10/2013 Approved w/ 2 year re-evaluation
(Trustee Loccke recused)

E-15

(+) Wester, Jason
City of Paterson 9/1/2014 4/27/2011 Approved

E-16

(+) Zrebiec, Kelly
Lakewood Township 2/1/2014 2/23/2010
8/6/2012
Approved

E-17

Soriero, Scott
Jersey City Fire
Department
2/1/2015 11/5/2012 Approved

E-18

(+) Jones, Brian
Vineland City 5/1/2014 10/31/2012 Tabled for employer explanation on
incident then send to IME for review

E-19

(+) Rice, Brian

Township of Waterford 5/1/2011 2/28/2010 Reconsidered and Denied
Accidental and Ordinary disability.
Case remains in the OAL on
amended issues.

E-20

Zitzman, Craig
Jersey City 11/1/2014 5/16/2009
8/1/2013
Approved

E-21

(+) Frucci, Christopher
Camden County
Regional Police
6/1/2014 11/29/2013 Approved

E-22

(+) Mendoza, Nieves
Ewing Twp. 8/1/2014 6/22/2013 Denied Accidental Granted Ordinary


OPEN SESSION

Retirement Issues

F-1+ Brunt, William - Middletown Township - Creditable Compensation
Denied Acting Position Salary (Retirement Bureau)
F-2 Carifi, James - Parsippany Troy Hills Township - Suspension of retirement
benefits due to administrative charges
Withdrawn from agenda Rescheduled for December 8, 2014
F-3 Martin, Larry - Jersey City - 1.) Honorable Service
2.) Special retirement
Tabled per member's request to obtain counsel
F-4+ Dorsey-Robinson, Lisa - Mercer County - Request to purchase
service to qualify for Special retirement
Approved with purchase of leave of absence (Retirement Bureau, Purchase Bureau)
   

OPEN SESSION

Hearing Decisions

G-1 #2-53720 - West Windsor Township-
Michael Hodnicki and Steven Mitchell - Initial Decision ALJ upheld Board's decision and
denied membership into the PFRS
Adopted ALJ's decision; noted exceptions and reply to exceptions (Trustees Culliton;
Brennan; Leake recused)
G-2+ Bogart, Steven - Little Egg Harbor Township - Initial Decision ALJ reversed
Board's decision on total forfeiture and recommended partial forfeiture of salary and service
Rejected ALJ's decision and reaffirmed the Board's previous determination of total
forfeiture; noted exceptions and reply to exceptions (Vote: 6-3; Trustees Culliton; Hall;
Barrett nae)
G-3 Piserchio, Patrick - Orange City - Appellate Division Decisions
Court affirmed Board's decision and denied reinstatement
Noted
G-4 Shafto, Joseph - Asbury Park City - Initial Decision ALJ upheld
Board's decision to reinstate member from disability
Adopted ALJ's decision with modification; noted exceptions and reply to exceptions
(Retirement Bureau)
G-5 Kemp, Christineann - Harrison Township - Initial Decision ALJ
upheld Board's decision and denied Accidental Disability retirement benefits
Adopted ALJ's decision
G-6+ Streater, Shane - City of Camden - Initial Decision ALJ upheld
Board's decision to revoke Ordinary Disability benefits and deny Accidental Disability benefits
Adopted ALJ's decision; noted exceptions and reply to exceptions (Retirement Bureau)
G-7 Mascio, Jason - Atlantic City - Initial Decision ALJ upheld Board's decision and
denied Accidental Disability retirement benefits
Adopted ALJ's decision with modification, noted exceptions and reply to exceptions.
(Trustee Bennett recused)
G-8 Saccone, Thomas - City of Newark - Appellate Division Decisions
Court reversed the Board's decision on Special Needs Trust
Noted with recommendations to update the regulations (Beneficiary Services)
G-9 Martinez, Alexander - North Hudson Reg Fire & Rescue - Initial
Decision ALJ upheld Board's decision and denied Accidental Disability retirement benefits
Adopted ALJ's decision
G-10 Garrett, George - Dept. Of Corrections - Initial Decision ALJ upheld
Board's decision and denied Accidental Disability retirement benefits
Tabled for DAG to reply to exceptions
G-11+ McClelllan, Andrew - Long Beach Township - Order of Consolidation and
Determination of Predominant interest
Adopted ALJ's Order
G-12 Kim, John - City of Camden - Final Administrative Determinations
Approved
   

OPEN SESSION

Hearing Requests

H-1+ Taylor, Johnathan - City of Newark - Appeals denial of Accidental
Disability retirement benefits
Approved OAL Hearing
H-2 DiBiasi, Darrin - Middlesex County - Appeals Total Forfeiture of
service and salary credit
Approved OAL Hearing
H-3+ Geissel, Christopher - Human Service Police - Appeals denial of
Accidental Disability retirement benefits
Denied reconsideration and granted OAL Hearing and reaffirmed approval of Involuntary
Ordinary Disability (Vote: 8-1; Trustee Bennett nae) (Retirement Bureau)
H-4+ #3-34301 - Hillside Township (Keisha Allen) - Employer appeals the approval of Ordinary
Disability retirement benefits
Tabled for final adjudication of charges, benefits will cease until Board review (Vote: 8-1;
Trustee Brennan nae) (Retirement Bureau)
H-5+ Pittius, Wendi - Middlesex County - Appeals forfeiture of service and salary
Approved OAL Hearing
H-6 Alfieri, Michael - City of Passaic - Appeals denial of Ordinary Disability retirement benefits
Denied reconsideration and Approved OAL Hearing
H-7+ Mollik, Gary - Vineland City - Appeals the denial of Accidental Disability retirement
benefits
Approved OAL Hearing
H-8 Malta, Joanne - Appeals denial of Accidental Disability retirement benefits
Approved OAL Hearing
   


OPEN SESSION

Active Membership Issues

J-1+
#3-23800 - East Orange - Creditable Compensation SOA Local No.16 (Superior Police
Officers)
Approved (Vote: 7-2; Trustees Middlesworth, Culliton nae) (External Audit)
J-2+ #3-23800 - East Orange - Creditable Compensation FOP Lodge No. 111 (Rank and File Police)
Approved (Vote: 7-2; Trustees Middlesworth, Culliton nae) (External Audit)
J-3+
#3-23800 - East Orange - Creditable Compensation Fire Officers Assoc. (Captains & Deputy Chiefs)
Approved (Vote: 7-2; Trustees Middlesworth, Culliton nae) (External Audit)
J-4+ #3-49100 - Willingboro Township - Appeals Division's Assessment of charges for voluntary separation incentive program
The Board directed the Division to lower the assessment and
to recalculate charges for the voluntary incentive program (Financial Services)
J-5+
Jackson, Grover - Northern State Prison - Request to waive deductions and arrears payment
Denied (Enrollment and Retirement Bureaus)
J-6+ #3-21101 - City of Newark - Request PFRS enrollment for firefighters
Approved (Enrollment Bureau)
 


OPEN SESSION

Death Claim Issues

K-1

Rambo, Tina (Deceased) - Ocean County - Request Accidental
Death Benefits
Denied (Vote: 5-3; Trustees Bennett, Brennan, Middlesworth nae; Trustee Loccke recused)



OPEN SESSION

Informational Issues

L-1 Common Pension Fund E as of July 31, 2014
Noted
L-2 Common Pension Fund E as of August 31, 2014
Noted
L-3 Appellate Division Decisions David Kochel vs PERS
Noted
L-4 PFRS Mortgage Statements/Memos
Noted
L-5 Common Pension Fund D as of August 31, 2014
Noted
L-6 Wire Transfers Non-contributory Group Insurance Policy #14800 Benefit Claims for the
month of August 2014
Noted
L-7 2015 Final Board Dates
Noted
L-8 Common Pension Fund E as of september 30, 2014
Noted with comments by Trustee Loccke regarding explanantion of management fees and
partnership fees
L-9 Common Pension Fund D as of September 30, 2014
Noted
   


OPEN SESSION

Reports

M-1=

Amicus Brief
Noted (Trustees Culliton, Loccke recused; DAG Schimmel recused)

M-2= Outside Legal Counsel Invoice for October 2014
Approved (Trustees Culliton, Loccke recused; DAG Schimmel recused)
M-3= Amicus Brief Response
Noted (Trustees Culliton, Loccke recused; DAG Schimmel recused)

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

The next meeting of the Board will be held on December 8, 2014.

 

 
 
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