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POLICE AND FIREMEN'S RETIREMENT SYSTEM
December 11, 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: 12:25 p.m.

Roll Call:

Mark Kandrac; John Sierchio; Dennis Connelly; Susanne Culliton (Treasurer’s Representative); Richard Loccke; Richard Mikutsky; Vince Foti; Tom Murphy; Frank Leake; Nicole Fava (left at 11:50 a.m.)


Absent: Sherryl Gordon

Also Present: DAG Christine Lucarelli
   
Division Staff: Wendy Jamison; Gail Griffin; Virginia Martucci; Marylou Mayoros; Bernadine Brozena; Sandy Horan
   
Members, Counsel, Employers, Consultants:
  Charles Ulliano, Esq.; Patricia Townsend; Michelle Narciso; Jeff Narciso; John Roland; David Gambert, Esq.; Steven Kossup, Esq.; Domenick Brando;
Union Groups, etc.:
  Regina Herz; Mike Lipka, FOP



OPEN SESSION

Minutes

Minutes from the meeting of November 13, 2006 - Approved
(Motion by Trustee Foti; seconded by Trustee Murphy)


OPEN SESSION

Finance

A-1
Common Pension Fund E as of July 31, 2006 - Approved
(Motion by Trustee Foti; seconded by Trustee Murphy)
A-2
Common Pension Fund D as of August 31, 2006 - Approved
(Motion by Trustee Foti; seconded by Trustee Murphy)
A-3
Common Pension Fund E as of August 31, 2006 - Approved
(Motion by Trustee Foti; seconded by Trustee Murphy)


OPEN SESSION

Miscellaneous Issues

B-1 Resolution regarding former PFRS trustee Joseph Boucher - Adopted
(Motion by Trustee Foti; seconded by Trustee Mikutsky)

Retirement and Death Lists

C-1
Charges Found after Board Approval of Benefits - Noted
C-2
Active and Retired Death Lists for November 22, 2006 - Approved
(Motion by Trustee Connelly; seconded by Trustee Foti)
C-3

Retirement List – Approved
(Unanimous vote)



CLOSED SESSION

Ordinary Disability   

D-1

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 December 1, 2006 and earlier.

Member's Name

Effective Date

P/F

Employer

Flammer, Ronald P

09/06

P

Morris County

Flickinger, Thomas

12/06

P

Brigantine City

Garbinski, Brian S

08/06

P

Scotch Plains Township

Martine, James

08/06

P

Cumberland County

Miller, Kevin D Sr

08/06

P

Corrections-Adult Diag. & Treat

Webb, Francine M

12/06

P

Vineland City

Werrell, Edward

11/06

P

Northern State Prison

Total = 7

(Motion by Trustee Connelly; seconded by Trustee Sierchio)



 
Member Name,
Number
Employer
Effective Date
Board's Decision

D-2
Hernandez, Jacob
City of Newark   Tabled Reinstatement from Ordinary Disability to have member re-examined by IME, Dr. Trent
(Motion by Trustee Leake; seconded by Trustee Foti)


CLOSED SESSION

Accidental Disability


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

E-1
Roland, Jr., John
   
Manchester Twp.
12/1/2006
7/19/2005
Y
Y
Y
  Approved
(Motion by Trustee Foti; seconded by Trustee Connelly; Trustee Loccke recused)
E-2

May, Wayne
Salem County
9/1/2006
11/17/2003
N
N
N
  Noted withdrawal of retirement application
E-3

Tupper, Kevin

South Woods State Prison
8/1/2005 
9/19/2001
T
T
T
  Tabled for examination by a new IME
(Motion by Trustee Connelly; seconded by Trustee Mikutsky)
E-4
Lukawski, Jeffery
 
City of Newark
12/1/2006 
2/15/2006

Y
Y
Y
  Approved
(Motion by Trustee Mikutsky; seconded by Trustee Connelly)
E-5
Brando, Domenick

South Hackensack Twp.
9/1/2006 
12/3/2005
Y
Y
Y
  Approved
(Motion by Trustee Connelly; seconded by Trustee Culliton; Trustee Loccke recused)
E-6
Dupont, Scott
Newark Police
10/1/2006 
10/17/2005
Y
Y
Y
  Approved
(Motion by Trustee Sierchio; seconded by Trustee Connelly)
E-7
Smith, Otis
Dept. of Corrections - NJ State Prison
7/1/2006 
11/30/2005
Y
Y
Y
  Approved
(Motion by Trustee Sierchio; seconded by Trustee Culliton; Vote: 7:3: Trustees Mikutsky, Foti, Loccke: Nae)
E-8
Lyle, Richard
Hoboken Police Dept.
4/1/2007
10/14/2001
Y
Y
Y
  Approved
(Motion by Trustee Connelly; seconded by Trustee Mikutsky)
E-9
Carlin, Evelyn
City of Camden
9/1/2006 
12/5/2004
Y
Y
Y
  Approved
(Motion by Trustee Connelly; seconded by Trustee Sierchio)
E-10
Frank, Anthony
 
Totowa Borough
8/1/2006
5/29/2005
Y
Y
Y
  Approved
(Motion by Trustee Connelly; seconded by Trustee Kandrac; Vote: 7:2:1 Trustees Culliton; MIkutsky: Nae: Trustee Loccke recused)
E-11
Brodie, Eva
Northern State Prison
9/1/2006
9/20/2005 
Y
Y
N
  Denied Accidental Disability; granted Ordinary Disability
(Motion by Trustee Culliton; seconded by Trustee Mikutsky)
E-12
Patounas, Anthony
Dept. of Corrections
1/1/2007
2/3/2005
Y
T
N
  Denied Accidental Disability; granted Ordinary Disability
tabled on direct result to have IME address second injury
 (Motion by Trustee Culliton; seconded by Trustee Foti)
E-13
Parker, Jeffrey
Surf City Borough
5/1/2006
3/5/2004
9/25/2005
Y
Y
Y
N
N
N
  Denied Accidental Disability; granted Ordinary Disability
(Motion by Trustee Mikutsky; seconded by Trustee Fava)
E-14
Acevedo, Fernando
Newark Police
2/1/2007
3/29/2005
N
N
Y
  Denied Accidental Disability;
only eligible for withdrawal
(Motion by Trustee Sierchio; seconded by Trustee Mikutsky; Trustee Fava recused)
E-15
Cantalupo, Patrick
Newark Police
11/1/2006
7/25/2004
Y
Y
Y
  Approved
(Motion by Trustee Foti; seconded by Trustee Sierchio)
E-16

Kvederas, Brian
Town of Morristown
7/1/2006 
1/23/2005
7/3/2005
Y
Y
Y
N
N
N
  Denied Accidental Disability; granted Ordinary Disability
(Motion by Trustee Sierchio; seconded by Trustee Leake; Trustee Mikutsky recused and left the room; Trustee Kandrac: Nae on the 1/23/05
traumatic event vote)

OPEN SESSION

Retirement Issues

F-1+
Townsend, Patsy - Neptune Twp. - Resubmission -
a. Honorable Service - No forfeiture
(Motion by Trustee Foti; seconded by Trustee Sierchio)
b. Dependency issue - Approved
(Motion by Trustee Foti; seconded by Trustee Murphy)  (Retirement Bureau)
F-2
Davis, Delacy - City of East Orange - Charges found after Board approval of retirement benefits - Table until the January 8, 2007 meeting; notify employer and member in writing; provide opportunity to submit evidence or appear at hearing; advise all parties the Board will make a determination at the January 8, 2007 meeting regarding whether member can begin to collect benefits up to their contribution limit. (Motion by Trustee Loccke; seconded by Trustee Foti)
F-3
Jackson, Barry - City of East Orange - Charges found after Board approval of retirement benefits - Table until the January 8, 2007 meeting; notify employer and member in writing; provide opportunity to submit evidence or appear at hearing; advise all parties the Board will make a determination at the January 8, 2007 meeting regarding whether member can begin to collect benefits up to their contribution limit.
(Motion by Trustee Loccke; seconded by Trustee Foti)
F-4
Montgomery, Phillip - City of Asbury Park - Charges found after Board approval of retirement benefits - Table pending final resolution of charges
(Motion by Trustee Culliton; seconded by Trustee Foti; Trustee Loccke recused)

OPEN SESSION

Hearing Decisions

G-1
Rapchak, Anita - Edna Mahan Correctional Facility for Woman - Initial Decision - ALJ upheld the Board's decision to deny Accidental Disability - Adopted
(Motion by Trustee Culliton; seconded by Trustee Connelly)
G-2
Bland, Bryan - Bergen County - Initial Decision - ALJ upheld the Board's decision to deny Accidental Disability - Adopted
(Motion by Trustee Culliton; seconded by Trustee Mikutsky)
G-3
O'Neal, Deborah - Midstate Correctional Facility - Initial Decision - ALJ reversed the Board's decision and determined that the incident was a traumatic event - Adopted on findings of traumatic event.
(Motion by Trustee Culliton; seconded by Trustee Foti)
G-4

Hernandez, Jacob - City of Newark - Hearing Withdrawals - Noted

G-5 Corbacho, Jr., Juan - City of Newark - Initial Decision with exceptions - ALJ upheld the Board's decision to deny accidental disability due to no traumatic event - Adopted; noted exception and reply to exceptions
(Motion by Trustee Culliton; seconded by Trustee Foti)
G-6 Black, Michael - City of Newark - Initial Decision - ALJ reversed the Board's approval of Involuntary OD and determined that Mr. Black is mentally capable of performing his duties as a police officer with the City of Newark. ALJ also awarded back pay to Mr. Black for the period of time from his involuntary retirement to the date of his reinstatement.- Tabled for 45 days to allow DAG and employer to submit exceptions.
(Motion by Trustee Kandrac; seconded by Trustee Foti)
G-7  Tarapata, John - Union County - Hearing Withdrawals - Noted

OPEN SESSION

Hearing Requests

H-1
Williams, Laurence - Washington Twp. -
a.  Hearing request - Appeals the Boards decision to cancel retirement and require re-enrollment in PFRS
b.  Request to stay Board's decision -  Reconsidered and approved the stay pending a Chapter 204 review to be      conducted by Division staff.
(Motion by Trustee Culliton; seconded by Trustee Connelly; Vote: 5:3 Trustees Loccke, Murphy, Sierchio: Nae)
H-2

Cervino, Michael - City of Jersey City Police Dept. -
a. Reconsideration of "traumatic event" for the August 10, 2002 incident - Reconsidered and
    reaffirmed previous determination
b. Hearing Request - Appeals the Board's decision to deny Accidental Disability - Approved
(Motion by Trustee Kandrac; seconded by Trustee Connelly)

H-3

Hunter, Raymond - City of Newark - Appeals the Board's decision to deny Accidental Disability - Approved
(Motion by Trustee Connelly; seconded by Trustee Mikutsky)



OPEN SESSION

Informational Issues

L-1

Wire Transfers Non-contributory Group Insurance Policy #14800 Benefit Claims for October 2006 - Noted

L-2

PFRS Mortgage Statements/Memos for October 2006 - Noted

L-3
Memo from Trustee Vincent Foti regarding League Conference 2006 - Noted

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

The next meeting of the Board will be held on January 8, 2007.

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Division of Pensions and Benefits
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Last Updated: May 28, 2010