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Pensions and Benefits
POLICE AND FIREMEN'S RETIREMENT SYSTEM
DECEMBER 14, 2015
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 2015 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on December 18, 2014, and the November and December 2015 meeting dates were posted on October 28, 2015.

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 (20K) Deferred - None
Special Adobe PDF (40K) Totals Adobe PDF (33K)
 

OPEN SESSION


Called to Order: 10:30 AM

Adjourned: 2:42 PM

Roll Call:

Marty Barrett; Keith Bennett; Tim Colacci; Susanne Culliton; Michael Kaniuk; Frank Leake; Richard Loccke; Brady Middlesworth


Absent: Laurel Brennan

Also Present: DAG Danielle Schimmel; Mike Weik; Lisa Pointer; Sharon Palmer; Mary Ellen
Rathbun; Cheryl Chianese; Valerie McManus; Luann Barnett; Sue Grant; Mark Casey;
John Sloth; Marc Greenfield; Kristin Bell; Bradd Thompson; Stuart Alterman, Esq.;
Mario Recinos; Albert C. Buglione, Esq.; Trooper Walthers; Adam Mogul; Alexander
Ferrer; Michael Baldassare, Esq.; Sean Lavin; Amie DiCola, Esq.; Wolodymyr
Tyshchenko; Esq.; John Sierchio; Michael Denham; Dennis Dominguez; Cullen
Kushnir; Mrs. Kushnir; Jason Symons; Brendon Weber; Louis DeLuca; Norberto
Sanchez; Alex Rodriguez; Ruben Torres; Richard Perez; Steven Kossup, Esq.;
Christopher Gray, Esq.; Sharon Fenstermacher; John Feeley, Esq.; Richard Bowman


OPEN SESSION

Minutes

Minutes from the meeting of November 4, 2015
Tabled


OPEN SESSION

Miscellaneous Issues

B-1 Proposed Change to December 2016 Meeting Date
Approved
   


OPEN SESSION

Retirement and Death Lists

C-1 Active and Retired Death Lists
Approved
C-2 Retirement List
Approved
C-3 Return to Employment
Approved
   

CLOSED SESSION

Ordinary Disability

   

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE
DATE

DECISION

D-1 (+) Kavanaugh, Sean

Hillside Borough     Tabled per attorney request
D-2 Monthly OD Grid            Cannon, Amecherie, Northern State
Prison, effective 10/15;
Ellis,Nichlolas A, Corrections Adult Diag.
& Treatment, Effective12/15;
Guinta, Steven, Rahway City,
effective 10/15;
Porr, Justin, Passaic County, effective 6/15;
Santos, Christine, Essex County, effective 8/15;
Wark, Jason, Burlington County, effective 1/16;
Woolson, Jason, DOC, effective 9/15
Approved



CLOSED SESSION

Accidental Disability

   

MEMBER'S NAME
AND NO.

EMPLOYER
EFFECTIVE
DATE
ACCIDENT
DATE

DECISION

E-1 (+) Kushnir, Cullen
North Brunswick Twp. 12/1/2015 5/14/2013 Approved
E-2 (+) Dominguez, Dennis
City of Newark 9/1/2015 7/30/2014 Approved
E-3 (+) Lavin, Sean
Mercer County         1.) Honorable Service - Partial
forfeiture of 3 years service and
salary
2.) Request to file for Accidental
Disability - Denied
E-4 (+) Symons, Jason
Howell Township 12/1/2015 1/23/2014 Approved
E-5 Smith, Daniel
Newton Town 9/1/2015 3/30/2011 Approved
(Trustee Loccke recused)
E-6 Pagnotta, Ronald
Juv. Justice Comm. 8/1/2015 9/29/2014 Approved
E-7 Gooden, Ingrid
Juv.Justice Comm. 9/1/2015 1/13/2015 Approved
(Vote: 7-1; Trustee Loccke nae)
E-8 (+) Denham, Michael

Freehold Township     1.) Honorable Service - Partial
forfeiture of service and salary from
December 1, 2012 until the end of
employment
2.) Request to file for Accidental
Disability - Denied
(Vote: 7-1; Trustee Culliton nae)
E-9 (+) Deluca, Louis
Phillipsburg Town 12/1/2015 11/17/2014 Approved
E-10 Pizza, Michael
Old Bridge Township 9/1/2015 10/6/2014 Approved
(Vote: 7-1; Trustee Loccke nae)
E-11 (+) Runyon, Michael
City of Trenton 2/1/2016 5/14/2012 Approved
(Vote: 6-2; Trustees Loccke,
Middlesworth nae)

E-12 Stevenson, David
East Jersey State
Prison
9/1/2015 9/18/2013 Approved
(Vote: 7-1; Trustee Loccke nae)
E-13 (+) Weber, Brendon
Hudson County 12/1/2014 10/15/2010 Denied Accidental Granted Ordinary
E-14 Straub, Eric
Monroe Twp. 8/1/2014 7/14/2012 Denied Accidental Granted Ordinary
E-15 Marranca, Justin
Union County 6/1/2015 11/15/2013 Denied
E-16 (+) Licamara, Robert
South Hackensack
Township
8/1/2015 2/12/2015 Tabled for new IME
(Trustee Loccke recused)
E-17 Ishak, Tambe
Union City 1/1/2016 7/24/2013 Denied Accidental Granted Ordinary
with an 18 month re-exam
(Vote: 5-3; Trustees Colacci,
Culliton, Kaniuk nae)
E-18 (+) Keenan, Kenneth
Bergen County 1/1/2016 12/10/2011 Approved with a one year re-exam
(Trustee Loccke recused)
E-19 (+) Sparks, Todd
Lawrence Township 12/1/2015 3/30/2014 Tabled for next Board meeting
(Motions did not carry)
E-20 (+) Sanchez, Norberto
City of Newark 9/1/2015 7/14/2010
Approved
(Vote: 7-1; Trustee Loccke nae)
E-21 (+) Fioccio, Ricard
Ocean County 2/1/2016 4/5/2012 Denied Accidental, Offer Special
(Trustee Loccke recused)
E-22 (+) Rodriguez, Alex
City of Newark 12/1/2015 7/30/2014
Approved
(Vote: 6-2; Trustees Loccke,
Middlesworth nae)
E-23 (+) Torres, Ruben
City of Newark 9/1/2015 9/15/2013 Approved
(Vote: 7-1; Trustee Loccke nae)
E-24 (+) Perez, Richard
City of Newark 5/1/2015 7/30/2014 Approved
(Vote: 7-1; Trustee Loccke nae)



OPEN SESSION

Retirement Issues

F-1 Jackson, Joseph - Berlin Township - Request to use Leave Payout
as Creditable Service
Denied
F-2 Grennier, Michael - South Plainfield Borough - Reconsideration
Request for Dependency
Denied reconsideration and reaffirmed denial of request for dependency (Vote: 7-1; Trustee
Culliton nae)
F-3+ Thompson, Bradd - Gloucester County - Request Chapter 428
Denied (Vote: 6-1; Trustee Bennett nae)
F-4 Cucciniello, Michael - Secaucus Town - Deferred (Remove for Cause)
Denied
F-5+ Recinos, Mario - Passaic County - Return to Employment
Tabled for brief from attorney (Trustee Loccke recused)
F-6 Raji, Richard - Middlesex County - Beneficiary Changes
Beneficiary Designation for Retired Suvivors Benefit
Denied (Vote: 7-1; Trustee Barrett nae)
   

OPEN SESSION

Hearing Decisions

G-1 Zadroga, Glenn - Belleville Township - Appellate Division
Decisions The Court reversed Board's decision and granted Accidental Disability retirement benefits
Noted
G-2+ Mogul, Adam - Ocean Township - Initial Decision ALJ upheld
Board's decision and denied Accidental Disability retirement benefits; with exceptions; reply
to exceptions
Adopted ALJ's decision with modification and noted exceptions and reply to exceptions
G-3 Torres, Jose - Dept of Corrections - Initial Decision ALJ reversed
Boards decision and granted Accidental Disability retirement benefits with Exceptions
Rejected ALJ's decision based on DAG's exceptions and noted reply to exceptions
G-4+ Santana, Maribel - Freehold Borough - Initial Decision ALJ upheld
Board's decision and denied Accidental Disability retirement benefits
Adopted ALJ's decision and noted exceptions and reply to exceptions
G-5+ Pitts, Michael - West Windsor Township - Initial Decision ALJ
reversed Board's decision and granted Accidental Disability retirement benefits
Adopted ALJ's decision (Retirement Bureau) (Vote: 7-1; Trustee Loccke nae)
G-6 Jewell, John - City of Newark - Initial Decision ALJ upheld Board's
decision and denied Accidental Disability retirement benefits, with exceptions
Adopted ALJ's decision and noted exceptions
G-7 Hyman, Garrett - Juv. Jus. Comm. - Initial Decision ALJ reversed Board's
decision and granted Accidental Disability retirement benefits
Adopted ALJ's decision (Retirement Bureau) (DAG Schimmel recused)
G-8 Walker - Harrison, Latasha - East Jersey State Prison - Findings
of Fact, Conclusions of Law
Approved
   

OPEN SESSION

Hearing Requests

H-1+ Lopez -Turner, Nancy - Southern State Correctional Facility -
Appeals denial of Accidental Disability retirement benefits
Approved
H-2+ Kornblau, Michael - Longport Borough - Appealing the revocation
of Pension the restitution of over payment of Pension
Tabled
H-3 Capilupi, Savino - Middletown Township - Appeals denial of Accidental Disability
Denied reconsiderantion and Approved hearing request
H-4 Portalatin, Heydi - Bellevillle Township - Appeals denial of Accidental Disability
not a member in service when she filed
Approved
H-5 Kim, John - City of Camden - To Determine if Appealed in time (45
Day Rule )
Approved
H-6+ Branham, Justine - City of Newark -
Denied reconsideration and Approved hearing request
H-7+ Deitch, Michael - Orange Township - Appeals denial of Accidental
Disability retirement benefits
Approved
H-8+ Gordon, Kyana - Union County - Appeals denial of Accidental
Disability retirement benefits
Approved
H-9+ Lee, Mark - Robbinsville Township - Appealing forfeiture of service and salary
Tabled
H-10+ Blackfeld, Anthony - Garfield City - Appeals denial of Accidental Disability
retirement benefits
Approved
   

OPEN SESSION

Active Membership Issues

J-1 Ferrer, Alexander - Hudson County - Request Enrollment in PFRS
Approved (Vote: 7-1; Trustee Culliton nae)
   

OPEN SESSION

Death Claim Issues

  None
   

OPEN SESSION

Informational Issues

L-1 Appellate Division Decisions Jose M. Burgos vs PERS
Noted
L-2 2016 Board Dates Police and Firemen's Retirement System Board of Trustees (Revised and Final)
Noted
L-3 Common Pension Fund E as of October 31, 2015
Noted
L-4 Common Pension Fund D as of October 31, 2015
Noted
L-5 Directors Report November 18, 2015 State Investment Council Meeting
Noted
L-6 Investment Reporting Package August 2015
Noted
L-7 New Jersey Investment Council September 23, 2015 Regular Meeting
Noted
L-8 PFRS Mortgage Statements/Memos
Noted
   

OPEN SESSION

Reports

M-1= Outside Legal Counsel invoice dated November 30, 2015
Approved (Trustees Culliton, Loccke and DAG Schimmel recused)
M-2= Newly Filed Amicus Brief
Noted (Trustees Culliton, Loccke and DAG Schimmel recused)
   

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

The next meeting of the Board will be held on January 11, 2016.

 
 
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