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POLICE AND
FIREMEN'S RETIREMENT SYSTEM
January 14, 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
OPEN SESSION
| Called
to Order: |
10:02 a.m. |
| Roll Call: |
Frederick Beaver; Vince Foti; Sherryl Gordon; Wayne Hall; Mark Kandrac; Frank Leake; Richard Loccke; Richard Mikutsky; Tom Murphy; John Sierchio |
| Also Present: |
DAG Dawn Harris |
| |
|
| Division
Staff: |
Wendy Jamison; Gail Griffin; Virginia Martucci; Marylou Mayoros; Bill Tedder; Mark Schwedes; Sharon Palmer; MaryEllen Rathbun; Wendy Whitfield; Susanne Culliton; Luann Barnett |
| |
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| Members, Counsel, Employers, Consultants: |
| |
Kenneth Connolly, DOP; Jim Mason, DOP; Dan Hill, DOP; Ann Gabriel, DOP; Robert Melson, PTC; Dermit O’Grady, PTC; Mark Wilson; John Barron; Stuart Alterman, Esq.; Robert Narducci; Carmine Pannullo; Sandy Pannullo; Steven Kossup, Esq.; Victor Ferreira; Jason Vickery; |
| Union Groups, etc.: |
| |
George Borek, IAFF; Steve Eckel, NJ State PBA |
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OPEN SESSION
Minutes
Minutes from the meeting of December 10, 2007 - Approved
(Trustee Leake abstained)
OPEN SESSION
Finance
A-1 |
Common Pension Fund E as of July 31, 2007- Approved |
OPEN SESSION
Miscellaneous
Issues
| B-1+ |
Administrative Code for Publication Resubmission PFRS enrollment and training eligibility - Tabled for Division staff to work with the Department of Personnel and representatives from the Police Training Commission on updated language. |
| B-2+ |
New Jersey State Policy Prohibiting Discrimination in the Workplace - Following the Training session, the Trustees signed and returned the appropriate acknowledgement sheets |
OPEN SESSION
Retirement and Death Lists
C-1 |
Active and Retired Death Lists - Approved |
=C-2 |
Retirement List - Approved |
(A motion to adopt Resolution A was made by Trustee Foti and seconded by Trustee Murphy)
CLOSED SESSION
Ordinary Disability
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| . |
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|
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| D-1 |
|
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11/1/2007 |
| Involuntary Ordinary Disability; hearing request - Postponed until the Board’s February 11, 2008 meeting |
|
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| D-2+ |
Narducci, Robert
|
Bellmawr Borough |
4/1/2007 |
Tabled to allow attorney additional 30 days to provide documentation regarding outstanding purchase request |
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| D-3 |
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 January 1, 2008 and earlier.
Member's Name |
Effective Date |
P/F |
Employer |
Lewis, Lionel A Jr. |
09/07 |
P |
Department Of Correction |
Pechfelder, Carolyn J ** |
07/07 |
P |
Rockaway Township |
Sibblies, Arthur S ** |
01/08 |
P |
Newton Town |
Tozer, Charles Stephen |
12/07 |
P |
Southern State Crrtnl Facility |
Vitrano, Charles |
03/08 |
P |
Correct-Bayside State Prison |
Total = 5
** Trustee Loccke abstained
|
|
| D-4 |
Franklin, Daniel
|
Borough of West Long Branch |
12/1/2007 |
Approved Ordinary Disability with two year re-exam |
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CLOSED SESSION
Accidental Disability
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| |
Member
Name, No. |
Employer |
Effective
Date |
Accident
Date |
TP |
DR |
TE |
DM |
Board's
Decision |
|
E-1
|
Penuel, Scott
|
Pitman Borough |
6/1/2007 |
3/30/2005
|
Y |
N |
N |
. |
Reconsidered & reaffirmed denial of direct result and traumatic event; outcome was not undesigned and unexpected; continue Ordinary Disability |
|
E-2
|
Antonucci, Antoinette
|
City of Jersey City |
9/1/2007 |
1/24/2002
|
Y |
Y |
Y |
. |
Approved |
|
E-3
|
Rodriguez, Edwin
|
East Jersey State Prison |
8/1/2007 |
|
Y |
Y |
Y |
. |
Approved |
|
| E-4+ |
Pannullo, Carmine
|
Carteret Borough |
4/1/2007 |
12/6/2005
|
Y |
Y |
Y |
. |
Reconsidered and approved Accidental Disability |
|
(A motion to adopt Resolution B was made by Trustee Kandrac and seconded by Trustee Gordon. A subsequent motion to return to Closed Session was made by Trustee Foti and seconded by Trustee Kandrac) |
| E-5+ |
Repa, Joseph
|
City of Camden |
2/1/2008 |
10/2/1998 |
Y |
N |
Y |
Y |
Denied Accidental Disability; granted Ordinary Disability; disability was the result of a pre-existing condition
(Trustee Foti abstained) |
|
E-6
|
Sprague, Scott
|
Ocean Twp. |
6/1/2006 |
|
Y |
Y |
Y |
. |
Approved |
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(A motion to adopt Resolution B was made by Trustee Beaver and seconded by Trustee Kandrac. A subsequent motion to return to Closed Session was made by Trustee Kandrac and seconded by Trustee Foti) |
E-7+
|
Vickery, Jason
|
Edison Twp. |
7/1/2007 |
|
T |
T |
T |
T |
Tabled for clarification from IME. |
|
E-8
|
Mayo, Brian
|
Middlesex County Sheriff's Office |
7/1/2007 |
8/20/2004
|
Y |
N |
Y |
. |
Denied Accidental Disability; granted Ordinary Disability; disability was the result of a pre-existing condition |
|
E-9+
|
Vena, Joseph
|
Washington Township |
2/1/2008 |
8/7/2002
|
Y |
Y |
Y |
. |
Approved |
|
| E-10 |
Fazzolari, Carmen
|
City of Perth |
2/1/2008 |
8/20/2004
|
Y |
Y |
Y |
. |
Approved |
|
| E-11 |
Kline, David
|
County of Passaic Sheriff's Dept |
7/1/2007 |
7/25/2000
|
Y |
Y |
N |
N |
Reconsidered & approved direct result; reaffirmed denial of traumatic event; & delayed manifestation; continue Ordinary Disability
(Trustees Loccke and Foti recused) |
|
| E-12 |
Circone, Mario
|
South Woods State Prison |
5/1/2007 |
|
Y |
Y |
Y |
. |
Reconsideration; reversed traumatic event; approved Accidental Disability |
|
| E-13+ |
Poplizio, Pasquale
|
Newark Police Department |
2/1/2008 |
1/24/2005
|
Y |
Y |
Y |
. |
Approved |
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(A motion to return to Open Session was made by Trustee Kandrac and seconded by Trustee Mikutsky)
OPEN SESSION
Retirement
Issues
|
F-1+ |
Barron, John - Alpine Borough -
A.) Honorable Service - Partial forfeiture of final 3 months of service only
B.) Special Retirement - Approved
(Trustee Loccke recused) (Retirement Bureau) |
F-2 |
Glass, James - New Jersey State Prison - Postponed per member’s request
A.) Honorable Service
B.) Service Retirement |
F-3 |
Jones, Karen - State Parole Board -
A.) Honorable Service - Total forfeiture under Deferred retirement statute; removed for cause; return of contributions only (Audit and Withdrawal Sections)
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(A motion to adopt Resolution B was made by Trustee Loccke and seconded by Trustee Kandrac. A subsequent motion to return to Open Session was made by Trustee Mikutsky and seconded by Trustee Murphy)
|
F-4 |
Ferreira, Victor - Union County -
A.) Honorable Service - Partial forfeiture of final year of service and salary; approved a 10 yr. repayment schedule with the assignment of the group life insurance
B.) Continue Ordinary Disability after adjustment to Account (Retirement Bureau) |
OPEN SESSION
Hearing
Decisions
| G-1 |
York, Curtis - Chester Township - Initial Decision - ALJ upheld Board's decision to
deny creditable compensation - Adopted |
| G-2 |
Shaffery, Joseph - Middletown Twp. - Initial Decision - ALJ upheld the
Board's decision that the Division of Pensions and Benefits properly calculated the amount to
be paid by member as a result of an incorrectly reported birth date on his PFRS enrollment application - Adopted |
OPEN SESSION
Hearing
Requests
(A motion to adopt Resolution B was made by Trustee Beaver and seconded by Trustee Kandrac. A subsequent motion to return to Open Session was made by Trustee Foti and seconded by Trustee Murphy)
| H-1 |
Bleistein, Kenneth - Mercer County -
A). Request for Reconsideration - Denied reconsideration
B). Appeals the denial of Ordinary Disability - Approved hearing request |
| H-2 |
Bailey, Robin - Voorhees Township - Appeals the denial of Accidental Disability - Approved |
| H-3 |
Ottaviano, Charles - South Woods Prison-Dept. - appeals his request to re-enroll
in the PFRS - Approved |
OPEN SESSION
Active
Membership Issues
J-1+ |
Location #3-30701 - City of Paterson - PBA Local No. 1 and SOA Local No. 1 - Creditable Compensation - Administratively withdrawn from the Agenda |
| J-2 |
City of Paterson - Creditable Salary Review implementation date for retirees of the Fire Captains Association - Administratively withdrawn from the Agenda |
| J-3 |
City of Paterson - Creditable Salary Review the implementation date for retirees of the Uniformed Battalion Chief's Association - Administratively withdrawn from the Agenda |
| J-4 |
City of Paterson - Creditable Salary Review the implementation date for retirees of the Firefighters' Association - Administratively withdrawn from the Agenda |
OPEN SESSION
Death Claim Issues
OPEN SESSION
Informational
Issues
L-1 |
DOP 2008 Law Enforcement Examination Application - Noted |
L-2 |
Wire Transfers - Noted |
L-3 |
PFRS Mortgage Statements/Memos - Noted |
"+" Indicates personal
appearance
"=" Indicates
items not mailed
The next meeting
of the Board will be held on February 11, 2008.
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