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Pensions and Benefits
POLICE AND FIREMEN'S RETIREMENT SYSTEM
DECEMBER 8, 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: 10:00 AM

Adjourned: 1:10 PM

Roll Call:

Marty Barrett; Keith Bennett; Tim Colacci; Susanne Culliton; Vince Foti; Frank Leake; Richard Loccke; Brady Middlesworth


Absent: Laurel Brennan; Wayne Hall

Also Present: DAG Danielle Schimmel; Wendy Jamison; Lisa Pointer; Sharon Palmer; Mike Weik;
Cheryl Chianese; Peter Mullings; Mary Ellen Rathbun; John Sierchio; Trooper Sand;
James Carifi; Stephen Trimboli, Esq.; D. William Subin, Esq.; Shawn Brown; David
Beckett, Esq.; Sue Grant; John Sloth; Rich Mikutsky; Matthew Dempsky, Esq.;
Noemio Oliveira; Steven Kossup, Esq.; George Lang; Craig Gumpel, Esq.; David
Martella; John Feeley, Esq.; Christopher Gray, Esq.;Dennis Driscoll; Danny
Schickson, NJFOP; Anthony Korn; Debbie Beetle Sparano


OPEN SESSION

Minutes

Minutes from the meeting of November 10, 2014
Approved (Trustee Colacci recused)


OPEN SESSION

Miscellaneous Issues

B-1=+ Demonstration of EPIC (PFRS online enrollment and retirement certification program for employers)
Noted
B-2 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 December 1, 2014
Approved
C-2= Retirement List
Approved
   

CLOSED SESSION

Ordinary Disability

 

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE
DATE

DECISION

D-1 Bailey, Robin
Voorhees Twp 1/1/2015 Request to file for Ordinary Disablity
Denied
D-2 Bacchues, Denise
Camden County 7/1/2014 Denied Ordinary, Offer Deferred
D-3 (+) Luden, Richard
Pemberton Twp. 3/1/2014 1) Member-in-service - Approved
2) Ordinary Disability - Approved
D-4 Monthly OD Grid     Andrews, Jon, Lavallette Borough,
4/1/14 Approved



CLOSED SESSION

Accidental Disability

   

MEMBER'S NAME
AND NO.

EMPLOYER
EFFECTIVE
DATE
ACCIDENT
DATE

DECISION

E-1

Toops, Adam

Montclair Township 3/1/2014 7/22/2009
1/18/2011
Reconsidered and Denied
Accidental, Granted Ordinary

E-2

Eitner, Matthew
Park Ridge Borough 9/1/2014 6/11/2009 Approved

E-3

(+) Longo, Jason

Passaic County 5/1/2014 4/26/2011
Reconsidered and Approved

E-4

(+) Korn, Anthony
Maywood Borough 11/1/2014 11/14/2013 Approved

E-5

(+) Lang, George
Hudson Regional Fire
and Rescue
11/1/2014 1/11/2012 Approved
(Trustee Colacci recused)

E-6

Sansevero, Nicholas
Monmouth County 6/1/2013 8/20/2008 Request to file for Accidental
Disabiity Denied, allow member 30
days to file for Ordinary otherwise
will no longer be considered a
member-in-service on future
disability filing.

E-7

        DAG Advice regarding interpretation
of King v. TPAF. Noted

E-8

(+) Reyes, Victor
Clifton City 4/1/2014 5/2/2013 Approved

E-9

Watkins, Harold
Human Services
Polices
8/1/2014 1/23/2014 Denied Accidental Granted Ordinary
Disability or Offer Service retirement

E-10

Kapler, Leah
Ocean County 12/1/2014 5/31/2013 Denied Accidental Granted Ordinary
(Vote: 7-1; Trustee Colacci nae)

E-11

(+) Martella, David
City of New Brunswick 4/1/2014 4/6/2013 Denied Accidental Granted Ordinary Disabilty or Offer Service retirement

E-12

Urban, Jessica
Dept. of Corrections 5/1/2014 5/15/2011
8/12/2013
Denied Accidental, Offer Deferred



OPEN SESSION

Retirement Issues

F-1+ Carifi, James - Parsippany Troy Hills Twp. - Whether to suspend
retirement allowance pending final adjudication of charges
Continue Special retirement benefits.
   

OPEN SESSION

Hearing Decisions

G-1 Lennon, Barry - Albert C. Wagner Youth Corr. Facility - Initial
Decision ALJ upheld the Board's decision denying Accidental Disabiity retirement benefits
Adopted ALJ's decision and noted exceptions (DAG Schimmel recused)
G-2 Fountain, Patricia - Garden State Recp & Youth Corr. Ctr. - Initial
Decision ALJ upheld the Board's decision denying Accidental Disability retirement benefits
Adopted ALJ's decision denying Accidental Disability and granted Ordinary Disability
retirement benefits effective May 1, 2012 (DAG Schimmel recused) (Retirement Bureau)
G-3 Mount, Christopher - Freehold Twp. - Initial Decision ALJ upheld the
Board's decision denying Accidental Disability retirement benefits
Adopted ALJ's decision and noted exceptions. The Board noted the Moran decision does
not impact this matter.
G-4 Wenzel, Ronald - Lincoln Park Borough - Initial Decision ALJ
reversed the Board's decision and granted Accidental Disability retirement benefits
Rejected ALJ's decision and noted exceptions. The Board noted the Moran decision does
not impact this matter. (Trustee Loccke recused)
G-5+ Smith, Edwin - City of Camden - Hearing Withdrawals
Noted
G-6+ Parabella, Ronald - Vineland City - Hearing Withdrawals
Noted
G-7 Huseby, Neil - Garden State Youth Correctional Facility - Hearing
Withdrawals
Noted
G-8 Mitchell, Delores - East Jersey State Prison - Initial Decision ALJ modified the
Board's decision and forfeited service credit from May 1, 2009 to the end of employment
Adopted ALJ's decision and granted Service retirement benefits effective July 1, 2011
(Vote: 7-1; Trustee Loccke nae) (Retirement Bureau)
G-9+ Casey, Neil - Newton Township - Initial Decision ALJ upheld the Board's decision
denying Ordinary Disability
Adopted ALJ's decision
G-10+ Weinlein, John - Berkeley Twp. - Initial Decision ALJ reversed the
Board's decision and granted Accidental Disabiity retirement benefits
Adopted ALJ's decision effective August 1, 2011 (Vote: 7-1; Trustee Loccke nae)
(Retirement Bureau)
G-11+ Brown, Shawn - Pleasantville City - Initial Decision ALJ upheld the
Board's decision denying Accidental Disability retirement benefits
Remanded to the OAL (Vote: 7-1; Trustee Culliton nae)
G-12+ Garrett, George - Dept. of Correction - Initial Decision ALJ upheld
the Board's decision denying Accidental Disability retirement benefits
Adopted ALJ's decision on reasonable person standard and remanded to the OAL on
issues of total and permanent and direct result and have examination by IME. (Vote: 7-1;
Trustee Colacci nae)
G-13 Leonard, Robert - City of Newark - Hearing Withdrawals
Noted
G-14+ Bogart, Steven - Little Egg Harbor Township - Findings of Fact, Conclusions of Law
Approved
   

OPEN SESSION

Hearing Requests

H-1 Jones, Rosemarie - Dept. of Corrections - Appeals the denial of
Accidental Disabiity retirement benefits
Approved OAL Hearing
H-2 Kuc, Robert - City of Trenton - Appeals the denial of Accidental
Disabiity retirement benefits
Approved OAL Hearing
H-3+ O'Hagan, Richard - Stafford Twp. - Appeals the denial of Accidental
Disabiity retirement benefits
Approved OAL Hearing
H-4+ Oliveira, Noemio - City of Newark - Appeals the denial of Deferred retirement
1.) Reconsideration - Denied
2.) OAL Hearing Request denied, the Board directed the Secretary to draft a Final
Administrative Determination
H-5+ Bruno, Anthony - Bergen County - Appeals the denial of Ordinary Disability
retirement benefits
Approved OAL Hearing
   


OPEN SESSION

Active Membership Issues

None
 


OPEN SESSION

Death Claim Issues

  None
   


OPEN SESSION

Informational Issues

L-1 Appellate Division Decisions Esperanza Shirpiro v. PERS
Noted
L-2 Trial Balance as of July 31, 2014
Noted
L-3 Wire Transfers for the month of September 2014
Noted
L-4 Trial Balance as of August 31, 2014
Noted
L-5 Common Pension Fund E as of October 31, 2014
Noted
   


OPEN SESSION

Reports

M-1= Outside Legal Counsel Invoice for November 2014
Approved (Trustees Culliton, Loccke recused; DAG Danielle Schimmel recused)
   

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

The next meeting of the Board will be held on January 12, 2015.

 

 
 
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