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POLICE AND FIREMEN'S RETIREMENT SYSTEM
December 8, 2008
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 2008 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 28, 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: 10:01

Adjourned: 12:42 p.m.

Roll Call: Fred Beaver; Laurel Brennan; Vince Foti; Wayne Hall; Frank Leake; Richard Loccke; Rich Mikutsky; John Sierchio

Absent: Sherryl Gordon; Mark Kandrac; Tom Murphy

Also Present: DAG Kellie Pushko; DAG Jeff Ignatowitz (via telecom)
 
Division Staff: Wendy Jamison; Lisa Pointer; Sharon Palmer; Marylou Mayoros; Virginia Martucci;
 
Members, Counsel, Employers, Consultants:
 

James Zarzaca; Vicki W. Beyer, Esq.; Kenneth Gerber; Patrick McKell; Tony LaRocca, Esq.; Christopher Mozitis; Douglas Owen; Timothy R. Smith, Esq.; Martin Starr; William Cicalese; Stuart Alterman, Esq.; Daniel Chernavsky; Kevin Carlin, Esq.; George Wright; Mrs. Wright; Dennis Connelly

 

Union Groups, etc:

  George Borek, IAFF; Steve Eckel, FOP


OPEN SESSION

Minutes

Minutes from the meeting of November 03, 2008 - Approved


OPEN SESSION

Finance

A-1

Common Pension Fund B as of August 31, 2008 - Noted

A-2 Common Pension Fund A as of September 30, 2008 - Noted
A-3 Common Pension Fund B as of September 30, 2008 - Noted
A-4 Common Pension Fund E as of June 30, 2008 - Noted


OPEN SESSION

Miscellaneous Issues 

B-1

Election Results - Marty Barrett approved as new Retired Trustee - 4 year term commencing 1/1/09



OPEN SESSION

Retirement and Death Lists

C-1

Active and Retired Death Lists - Approved

C-2 Active and Retired Death Lists - Approved
C-3 Retirement List - Approved


CLOSED SESSION

Ordinary Disability   

.

MEMBER'S NAME AND NO.

EMPLOYER

EFFECTIVE DATE

DECISION

D-1

Mozitis,Christopher

Egg Harbor Twp.

7/1/2008

A. Honorable Service - No Forfeiture
  (Trustee Loccke recused; Trustee Foti abstained)
B. Denied Ordinary Disability offer Deferred
  (Trustee Loccke recused; Trustee Foti abstained)

D-2+

Owen, Douglas

Passaic County

9/1/2006

Honorable Service - Total forfeiture of Service and Salary. Does not qualify for Ordinary Disability.
(Trustees Loccke, Foti recused)

D-3

Spigelmyer, Steven

Boro of Surf City

9/1/2008

Tabled for further information

D-4

Monthly OD Grid

.

12/1/2008

Approved (See Below)
(Trustee Loccke recused)

D-5 Naylor, David
Township of Livingston . Approved reinstatement in the PFRS

Ordinary Disability 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, 2008 and earlier.


Member's Name

Effective Date

P/F

Employer

Blount, Joseph F Jr

11/08

P

Department Of Correction

Emrich, Wendy A

10/08

P

Juv. Jus. Comm./Medium Sec. Fac

Gunning, Andrew

08/08

P

Point Pleasant Beach Borough

Harrell, Scott D

01/08

P

Roselle Borough

Pico, James Joseph

11/08

P

Sea Girt Borough

Pilanski, Fred

06/08

P

State Parole Board

Yates, Roxanne Shelly

01/09

P

Burlington County

Total = 7


CLOSED SESSION

Accidental Disability

.

MEMBER'S NAME AND NO.

EMPLOYER

EFFECTIVE DATE

ACCIDENT
DATE

Decision

E-1+

Guadagno,Joseph

Albert  Wagner Youth Corr. Facility

8/1/2003

10/28/2002

Reconsidered and Approved Accidental Disability

E-2

Zarzaca, James

Willingboro Twp.

12/1/2008

6/15/2005

Approved Accidental Disability
(Vote: 6-2; Trustees Loccke, Foti nae)

E-3

Serrano, Steven

Camden City

11/1/2008

9/9/2007

Approved Accidental Disability

E-4

Dixon, Kathy

Corrections-Adult Diag. & Treatment Ctr.

4/1/2004

9/24/2003

Reconsidered and denied Accidental Disability, continue Ordinary Disability.  Case remains in OAL

.

MEMBER'S NAME AND NO.

EMPLOYER

EFFECTIVE DATE

ACCIDENT
DATE

Decision

E-5+

Chernavsky, Daniel

Holmdel Township

6/1/2002

5/30/1999
1/8/2001

Reconsidered and denied Accidental Disability, continue Ordinary Disability. Case remains in OAL
(Trustee Loccke recused; DAG Pushko recused)

E-6

Beltran, Jose

City of Newark

8/1/2008

5/10/2007

Approved Accidental Disability

E-7

McKell, Patrick

South Orange Village

12/1/2008

6/14/2007

Approved Accidental Disability
(Trustees Loccke, Foti recused)

E-8

McClendon, David

Newark City

7/1/2008

7/5/2007

Tabled for personal physician records then to IME for review.

E-9

Zottman, Thomas

Albert  Wagner Youth Corr. Facility

1/1/2007

3/7/2005

Reconsidered and approved Accidental Disability.  Withdraw case from OAL

E-10

Crawford, Anthony

Hudson County DOC

8/1/2008

1/28/2008

Tabled per member’s request to seek attorney advice.

E-11+

Wright, George

Monmouth Cty. Bd. Of Chosen Freeholders

1/1/2009

8/24/2007

Approved Accidental Disability

E-12

Money, Marlo

City of Camden

7/1/2008

12/28/2006

Tabled for clarification from IME regarding driving restrictions.

E-13

Henderson, Catina

County of Mercer

4/1/2008

10/21/2006

Denied Accidental Disability, granted Ordinary Disability

E-14

Kohles, Gordon

Hackensack City

11/1/2008

3/24/2004

Approved Accidental Disability
(Trustee Foti abstained)

E-15

Zemzicki, Joseph

City of Clifton

12/1/2008

12/5/2007

Approved Accidental Disability

E-16

Lattanzio, Ronald

Camden City

2/1/2009

8/18/2007

Denied Accidental Disability, granted Ordinary Disability

E-17

Zughbi, Joseph

Passaic County

12/1/2008

7/27/2007

Approved Accidental Disability
(Trustees Loccke, Foti recused)

E-18

Cicalese, William

City of Camden

11/1/2008

11/21/2004

Approved Accidental Disability

E-19

Singleton, Glenn

Newark City

9/1/2008

2/6/2008

Approved Accidental Disability

E-20+

Starr, Martin

Elizabeth City

1/1/2009

9/26/2003

Approved Accidental Disability



OPEN SESSION

Retirement Issues

F-1+
None


OPEN SESSION

Hearing Decisions

G-1

Keenan, Dennis - City of Trenton - Initial Decision- The ALJ upheld the Board's decision that Dennis Keenan has to pay the sum of $30,571.43 to the PFRS due to return to employment. The Board voted to adopt the recommendation of the Administrative Law Judge ordering Mr. Keenan to pay the sum of $30,571.43 to the PFRS as payment of pension contributions due to his restoration to active service.

G-2
Ocean County PBA Local 258 Loc. #3-71500 - (Corrections Superior Officers) - Initial Decision
The Board noted the exceptions filed by Stephen Hunter, Esq. The Board voted to adopt the
recommendation of the Administrative Law Judge denying the roll-in of clothing allowance into salary for the years 2002 through 2006 as being creditable for pension purposes.
(Vote: 7-1; Trustee Loccke nae)
G-3

Russo, Gregory - Montclair Township - Initial Decision ALJ reversed the Board's decision and granted Accidental Disability retirement benefits.  The Board voted to postpone action on this matter to allow DAG Ignatowitz to file exceptions.  Since DAG Ignatowitz requested a 30 day extension to file exceptions, this matter will not be presented to the PFRS Board until its meeting on February 9, 2009.

G-4

Tatusko, Rosemarie - Burlington County/Payroll Dept. - Initial Decision - The ALJ reversed the Board's decision and granted Accidental Disability retirement benefits. The Board noted the exceptions filed by DAG Bradus and voted to reject the ALJ’s Initial Decision granting Rosemarie Tatusko’s application for Accidental Disability retirement.  The Board directed the Secretary to draw up findings of fact and conclusions of law.



OPEN SESSION

Hearing Requests

H-1

Cole, George - Hawthorne Borough - Appeals denial of Accidental Disability retirement benefits. - Approved
(Trustee Loccke recused)

H-2+

Gerber, Kenneth - Springfield Twp. (Burlington) - Appeals denial of an increase in salary as creditable in the PFRS for retirement calculation purposes - Vote did not carry. (Vote 4-4; Trustees Beaver, Brennan, Foti, Mikutsky nae)

H-3

Joseph, Barthelmy - Essex County - Appeals denial of Accidental Disability retirement benefits - Approved

H-4

Devega, Herbert - NJ Institute of Technology - Appeals denial of Accidental Disability retirement benefits - Approved

H-5
Bekisz, John - Waterford Township - Appeals the denial of a purchase request - Approved
H-6

Bonifazi, Eric - Mount Laurel Township - Appeals denial of Accidental Disability retirement benefits - Approved



OPEN SESSION

Active Membership Issues

J-1+
None


OPEN SESSION

Death Claim Issues

K-1

None



OPEN SESSION

Informational Issues

L-1

PFRS Mortgage Statements/Memos - Noted

L-2

Wire Transfers Non-Contributory Group Insurance Policy #14800 Benefit Claims for the month of October 2008. - Noted

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

The next meeting of the Board will be held on January 9, 2009

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Division of Pensions and Benefits
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Last Updated: December 9, 2008