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Pensions and Benefits
POLICE AND FIREMEN'S RETIREMENT SYSTEM
DECEMBER 5, 2016
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 2016 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on December 21, 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 (19K) Deferred - none
Special Adobe PDF (14K) Totals Adobe PDF (19K)


OPEN SESSION


Called to Order: 10:17 AM

Adjourned: 4:08 PM

Roll Call:

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


Absent: NONE

Also Present: DAG Amy Chung; Mary Ellen Rathbun; Lisa Pointer; Sharon Palmer; Cheryl
Chianese; Valerie McManus; Dawn Lewis ; John Sloth; Sue Grant; Mark Casey;
Kristin Bell; Leonard Baker, Esq.; Dana Saxton; Craig Gumpel, Esq.; Anthony Camal;
SDAG Eileen DenBleyker; DAG Thomas Hower; Jackie Bussanich; James Wrightson;
Robert Gilmartin; Stuart Alterman, Esq.; Wayne Hummel; Jessica Ribitzki; Ilya
Kraminsky, Esq.; Kara Ansley; Gerard Lombardo; Albert Wunsch, Esq; Christine
Lombardo; Mark Pickard; David Heister, Esq.; Christopher Gray, Esq.; Meghan Jack;
Amaya Urtasun; Kirk Sparks; William D. Subin, Esq.; Anita Sparks; Joe Rauch; Dan
Ritzel; Paul Petinga; Dariel Dabney; William Scull; Juan Ramos; John Feeley, Esq.;
Robert Gourley


OPEN SESSION

Minutes

Minutes from the meeting of November 14, 2016
Approved (Trustees Leake, Brennan, Loccke abstained)

Minutes from the meeting of November 14, 2016
Tabled Executive Session until end of meeting.(Motion by Trustee Bennett seconded by
Trustee Middlesworth.
Approved Executive Session Minutes (Trustees Leake, Brennan, Loccke abstained)


OPEN SESSION

Miscellaneous Issues

B-1 Review Confidential Memorandum Regarding Investigation
Authorized issuance of subpoena
B-2= Retired Election Results - Marty Barrett elected to new term
Approved
   


OPEN SESSION

Retirement and Death Lists

C-1
Active and Retired Death Lists
Approved
C-2 Retirement List
Approved with the exception of Douglas Cole; his matter will be reviewed under F-3
regarding the issue of honorable service
   

CLOSED SESSION

Ordinary Disability

 

MEMBER'S NAME
AND NO.

EMPLOYER

EFFECTIVE
DATE

DECISION

D-1 (+) Hummel, Wayne


East Windsor Twp.    1.) Review Settlement Agreement
2.) Request to file for Ordinary
Disability Tabled per member's
request
D-2 (+) Ribitzki, Jessica


Pompton Lakes Borough   1.) Request to file for Ordinary
Disability - Denied
2.) Honorable service - Moot at this time
(Vote: 7-1; Trustee Barrett nae;
Trustee Loccke recused)
D-3 Monthly OD Grid       Kui, Lucia; Bergen County; effective 1/17; Torrado, Shirley; Albert C. Wagner Youth Corr. Fac.; effective 8/16;
Mather, Kenneth Bruce, Jr.; South Woods Prison- Dept of Cor; effective 5/16;
Approved



CLOSED SESSION

Accidental Disability

   

MEMBER'S NAME
AND NO.

EMPLOYER
EFFECTIVE
DATE
ACCIDENT
DATE

DECISION

E-1

(+) Lombardo, Gerard

Bergen County     1. Request to apply for Accidental
Disability retirement benefits -
Denied
2.) Honorable Service - Moot
(Vote: 5-1-1; Trustee Barrett nae,
Trustee Bennett abstained; Trustee
Loccke recused)

E-2

Morgan, Steven

Plumsted Fire District 1 7/1/2015 7/7/2012 Reconsidered and Denied withdraw
only; Approved Hearing Request

E-3

Kreig, Justin

Pemberton Township 2/1/2016 1/31/2007 Approved

E-4

Pickard, Mark

Gloucester Township     1.) Request to file for Accidental
Disability retirement benefits -
Denied
2.) Honorable Service - Moot

E-5

(+) Sparks, Kirk

Atlantic City 7/1/2015 3/31/2015 Review information form Fraud &
Abuse Unit regarding Accidental
Disabiliy Tabled for additional
information from attorney;payment
of benefit will continue in the interim.
(Trustees Middlesworth, Bennett
recused)

E-6

(+) Ramos, Juan
City of Newark 7/1/2016 9/18/2015 Approved

E-7

Slater, Wanda
Northern State Prison 3/1/2016 1/25/2006
4/6/2009
4/7/2015
Denied Accidental Granted Ordinary

E-8

Fajardo, Luis
Middlesex County 6/1/2016 6/17/2015 Approved

E-9

(+) Gourley, Robert
Belleville Twp. 3/1/2016 12/21/2014 Denied Accidental, Offer Deferred

E-10

(+) Urtasun, Amaya
Riverside Township 10/1/2016 2/28/2015 Approved

E-11

Gushard, Wade
Edna Mahan Fac for
Women
7/1/2015 4/9/2015 Denied Accidental Granted Ordinary



OPEN SESSION

Retirement Issues

F-1+ Saxton, Dana - Collingswood Borough -
1.) Honorable Service - Partial forfeiture of one year service and salary from August 1, 2014
to the end of employment
2.) Special Retirement - Approved (Retirement Bureau, Audit Section)
F-2+ Glick, Raymond - Galloway Twp. -
1.) Honorable Service - Partial forfeiture of 5 years of service and salary back from the date
of the incident (March 4, 2015); no longer eligible for Service Retirement, (Trustee
Middlesworth recused) (Retirement Bureau, Audit Section)
F-3 Cole, Douglas - Milltown Borough -
1.) Honorable Service - Partial Forfeiture of 7 % of retirement benefit
2.) Service Retirement- Approved (Trustees Loccke, Leake recused)
   

OPEN SESSION

Hearing Decisions

G-1+ Camal, Anthony - City of Paterson - Initial Decision ALJ affirmed
Board's decision and denied Accidental Disability retirement benefits, with exceptions and
reply to exceptions
Motion to adopt failed (vote: 4-5; Trustees Middlesworth, Colacci, Barrett, Kaniuk, Brennan
nae); Board took no further action (DAG Chung recused)
G-2 Rowe, Richard - New Brunswick City - Initial Decision ALJ upheld the Board's
decision that Mr. Rowe was not considered a member in service at the time of filing of his
disability retirement application nor was he disabled while in service; exceptions from
petitioner and respondent
Adopted ALJ's finding regarding issue of member-in-service and directed the Secretary to
draft a Findings of Fact and Conclusions of Law based upon DAG exceptions; noted
exceptions from petitioner and respondent (DAG Chung recused)
G-3 Greene, Robert - Essex County - Hearing Withdrawals
Noted
G-4 Toops, Adam - Montclair Township - Initial Decision ALJ reversed
the Boards decision and granted Accidental Disability retirement benefits, with exceptions
and reply to exceptions
Adopted ALJ's Findings of Fact but rejected the ALJ's Conclusion of Law regarding the
issue of undesigned and unexpected; noted exceptions and reply to exceptions. (DAG
Chung recused)
G-5+ Kornblau, Michael - Longport Borough -
1.) Request to Remand from Appellate Court to the OAL - Remanded to OAL for the limited
issue regarding the medical form.
2.) Request for Stay - Approved (Retierment Bureau)
G-6 Shafto, Joseph - Asbury Park City - Final Administrative
Determinations
Approved
   

OPEN SESSION

Hearing Requests

H-1 Letts, James - City of Trenton -
Denied reconsideration; the Board directed the Secretary to draft a Final Administrative
Determlination.
H-2 Ramos, Diane - Southern State Correctional Facility - Appeals
denial of Accidental Disability retirement benefits
Approved OAL Hearing (Trustee Middlesworth recused)
H-3+ Ilic, Alexander - City of Paterson - Appeals denial of Accidental Disability
retirement benefits
Approved OAL Hearing
H-4 Reed, Carrie - City of Newark - Appeals denial of Accidental
Disability retirement benefits
Approved OAL Hearing
H-5 Atkins, Asia - Dept. Of Corrections - Appeals denial of Accidental Disability
retirement benefits
Approved OAL Hearing
H-6 McLean, James - Corrections Adult Diagnostics - Appeal of partial forfeiture due
to dishonorable Service
Approved OAL Hearing
   


OPEN SESSION

Active Membership Issues

None
   


OPEN SESSION

Death Claim Issues

  None
   


OPEN SESSION

Informational Issues

L-1 Trial Balance for July 31, 2016
Noted
L-2 Common Pension Fund D as of October 31, 2016
Noted
L-3 Director's Report November 30, 2016 State Investment Council Meeting
Noted
   


OPEN SESSION

Reports

M-1= Outside Legal Counsel Bill for October 31, 2016
Approved (Trustees Culliton, Loccke recused; DAG Chung recused)
M-2= Outside Legal Counsel Bill for September 30, 2016
Approved (Trustees Culliton, Loccke recused; DAG Chung recused)
M-3= Outside Legal Counsel Bill for November 30, 2016
Approved (Trustees Culliton, Loccke recused; DAG Chung recused)
   

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

The next meeting of the Board will be held on January 9, 2017.

 

 
 
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