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POLICE AND
FIREMEN'S RETIREMENT SYSTEM
February 11, 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: |
10:12 a.m. |
| Roll Call: |
Susanne Culliton (designated State Treasurer Representative); Vince Foti (left at 2:45 p.m.; Wayne Hall; Mark Kandrac; Frank Leake; Richard Loccke; Richard Mikutsky; Tom Murphy; John Sierchio |
| Absent: |
Nicole Fava; Sherryl Gordon
|
| Also Present: |
DAG Kellie Pushko
|
| |
|
| Division
Staff: |
Wendy Jamison; Gail Griffin; Sharon Palmer; Virginia Martucci; Marylou Mayoros; Wendy Wise-Whitfield |
| |
|
| Members, Counsel, Employers, Consultants: |
| |
Eric Rahn; Patrick McGlone; Andrew Fisher; Jeffrey Seider; Debbie Seider; Samuel Halpern, Esq.; William Claxton, Esq.; Thomas Juskus; Karen Juskus; John Feeley, Esq.; Richard Barreres; Paul Kleinbaum, Esq.; Anthony Weiners; Bruce Chester; Tom Seabasty; Keith Dunn |
| Union Groups, etc.: |
| |
Regina Herz; Steve Eckel, FOP; George Borek, IAFF; State Trooper Paul McColgan |
|
OPEN SESSION
Minutes
Minutes from the meeting of January 14, 2008 - Approved
(Trustee Culliton abstained)
OPEN SESSION
Finance
A-1 |
Common Pension Fund E as of August 31, 2007 - Approved |
| A-2 |
Common Pension Fund A as of November 30, 2007 - Approved |
| A-3 |
Common Pension Fund B as of November 30, 2007 - Approved |
| A-4 |
Common Pension Fund A as of December 31, 2007 - Approved |
| A-5 |
Common Pension Fund B as of December 31, 2007 - Approved |
| A-6 |
Common Pension Fund D as of October 31, 2007 - Approved |
OPEN SESSION
Miscellaneous
Issues
| B-1 |
Administrative Code NJAC 17:4-4.1 Creditable Compensation (discussion only) - A motion was made to follow the language of the Statute exactly and possibly vacate the current rule. The Board authorized Chair to appoint a sub-committee of not more than five (5) trustees and include Division staff and a respresentative from the Attorney General’s Office to gather information and formulate a proposal regarding the existing creditable compensation regulation. The proposal will be presented to the Board at a future meeting. |
OPEN SESSION
Retirement and Death Lists
C-1 |
Active and Retired Death Lists as of January 25, 2008 - Approved |
C-2 |
Retirement List - Approved |
CLOSED SESSION
Ordinary Disability
|
| . |
|
|
|
|
|
D-1 |
|
|
7/1/2007 |
Denied Reconsideration;
Denied Involuntary
Ordinary Disability |
|
|
D-2.. |
Edwards, Kenneth
|
City of Trenton |
11/1/2007 |
Approved; c. 428
(Trustee Foti abstained) |
|
D-3 |
Feltri, Sean
|
Ocean County |
9/1/2005 |
ADMINISTRATIVELY WITHDRAWN UNTIL PENDING LITIGATION HAS BEEN RESOLVED |
|
D-4 |
Ebhardt, Donald
|
Bergenfield Borough |
11/1/2007 |
Approved Involuntary Ordinary Disability; c. 428 |
|
D-5 |
Hanke, Ronald
|
City of Paterson |
1/1/2008 |
Approved Involuntary Ordinary Disability; c. 428 |
|
D-6 |
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 February 1, 2008 and earlier.
Member's Name |
Effective Date |
P/F |
Employer |
Appleton, Glenn |
06/07 |
P |
Hudson County |
Boatner, Maurice C Jr |
11/07 |
P |
Northern State Prison |
Lespinasse, Jean B |
01/07 |
P |
Dept. Of Cor. Vroom-Jones Farm |
Lutz, Kenneth W |
01/08 |
P |
Camden Co Bd Of Chosen Frhldrs (Chp 428) |
Mejia, Ralph A |
02/08 |
P |
Riverfront State Prison |
Wells, Roy |
02/08 |
P |
Maple Shade Township |
Total = 6
|
|
D-7 |
Rahn, Eric
|
Milltown Borough |
9/1/2007 |
| A.) |
Honorable Service - Partial forfeiture of service and salary from 1/1/03 to 3/5/07 |
| B.) |
Ordinary Disability - Approved
(Trustees Leake and Loccke recused) |
|
|
CLOSED SESSION
Accidental Disability
|
| |
Member
Name, No. |
Employer |
Effective
Date |
Accident
Date |
TP |
DR |
TE |
DM |
Board's
Decision |
|
E-1
|
McGlone, Patrick
|
Borough of Lindenwold |
2/1/2007 |
1/7/2006
|
Y |
Y |
Y |
. |
Reconsidered; reversed issues of total & permanent and direct result; approved Accidental Disability |
|
E-2
|
Fisher, Andrew
|
Township of Denville |
10/1/2006 |
6/22/2001
|
|
|
|
|
| A.) |
Honorable Service - Partial Forfeiture of service and salary from 5/1/04 to 12/31/05
(Vote: 7:2: Trustees Foti and Loccke: Nae) |
| B.) |
Accidental Disability
Tabled to allow member time to submit add’l documentation |
|
|
E-3
|
Fulse, Joseph
|
Mountainview Youth Correctional Facility |
1/1/2004 |
|
Y |
N |
N |
. |
Reconsidered; reaffirmed denial of traumatic event and reversed direct result; the basis for the Board’s denial was that the incident was not caused by a circumstance external to the member; rather the disability was the result of a pre-existing disease aggravated and/or accelerated by the work effort; continue Ordinary Disability |
|
| E-4 |
Delvalle, Mariano
|
Lakewood Township |
4/1/2006 |
3/24/2002
|
Y |
T |
T |
. |
Tabled to await Supreme Court ruling in similar matters; granted interim Ordinary Disability
(Trustee Loccke recused) |
|
| E-5 |
Shinn, Ryan
|
City of Bridgeton |
7/1/2007 |
5/8/2005 |
Y |
Y |
Y |
. |
Approved |
|
E-6
|
Zielinski, Mark
|
NJ Transit |
7/1/2007 |
|
T |
T |
T |
. |
Tabled for clarification from IME(Trustees Foti and Loccke recused) |
|
E-7
|
Roth, Edward
|
Berkeley Twp. |
1/1/2008 |
|
T |
T |
T |
. |
Tabled for medical authorization from attorney and clarification from the IME direct result |
|
E-8
|
Servideo, Joseph
|
Bergen County |
7/1/2005 |
5/27/2004
|
N |
N |
Y |
. |
Reconsidered; reaffirmed denial of total and permanent and direct result; approved traumatic event; proceed in the OAL
(Vote: 7:2: Trustees Foti and Loccke: Nae) |
|
E-9
|
Burgos, Marisol
|
City of Camden |
2/1/2008 |
5/17/2006
|
Y |
Y |
Y |
. |
Approved
(Trustee Foti abstained) |
|
| E-10 |
Seider, Jeffrey
|
Franklin Township |
6/1/2003 |
11/9/1998
|
Y |
T |
T |
. |
Tabled to await Supreme Court ruling in similar matters; continue Ordinary Disability |
|
| E-11 |
Barreres, Richard
|
North Hudson Reg. Fire & Rescue |
3/1/2008 |
6/17/2006
|
Y |
Y |
Y |
. |
Approved
(Vote: 7:1:1: Trustee Foti: Nae; Trustee Loccke recused) |
|
| E-12 |
Kushner, Stuart
|
Dept. of Corrections |
11/1/2007 |
|
Y |
N |
N |
. |
Denied Accidental Disability; granted Ordinary Disability; the member’s disability was result of a pre-existing disease that was not undesigned and unexpected and was not caused by an external circumstance |
|
| E-13 |
Beverly, Eric
|
Camden City |
1/1/2008 |
4/24/2004
|
Y |
Y |
Y |
. |
Approved
(Trustee Foti abstained) |
|
| E-14 |
Horner, Richard
|
Bordentown Twp. |
8/1/2007 |
|
Y |
N |
N |
. |
Denied Accidental Disability; granted Ordinary Disability; the outcome of the incident was not undesigned and unexpected and was not caused by an external circumstance |
|
| E-15 |
Melvin, Eugene
|
Environmental Protection |
11/1/2007 |
|
Y |
N |
Y |
. |
Denied Accidental Disability; granted Ordinary Disability; member’s disability was the result of a pre-existing condition |
|
|
|
OPEN SESSION
Retirement
Issues
|
F-1+ |
Bell, Lawrence - Northern State Prison - Honorable Service - Total forfeiture |
F-2+ |
Dickson, Wayne - Salem City - Creditable Salary - (Settlement Agreement) - Denied
(Vote: 6:2: Trustees Sierchio and Hall: Nae) |
F-3+ |
Juskus, Thomas - Roxbury Township -
A.) Honorable Service - Partial forfeiture of salary only from 12/1/04 to termination
B.) Service Retirement - Approved for an October 1, 2007 effective date
(Trustee Loccke recused) |
F-4 |
Hughes, Alfred - Newark City - Honorable Service - Partial Forfeiture
of final year of salary only; approved two-year repayment schedule for overpayment of benefits
(Vote: 5:3; Trustees Murphy, Culliton and Leake: Nae) |
OPEN SESSION
Hearing
Decisions
| G-1 |
Schreppel, Arthur - Middletown Township - Appellate Division Decisions - Noted |
| G-2 |
DiMinno, Anthony - West Milford Township - Initial Decision with
exceptions and reply to exceptions - ALJ reversed the Board' s decision and approved Accidental
Disability retirement effective May 1, 2006 - Adopted; noted exceptions and reply to exceptions
(Vote: 7:1 Trustee Loccke: Nae) (Retirement Bureau) |
OPEN SESSION
Hearing
Requests
| H-1 |
Baltuskonis, Andrew - Cape May County - Appeals the Board's decision to deny Accidental Disability retirement benefits - Approved |
| H-2 |
Walder, Lorna - Dept. of Environmental Protection - Appeals the Board's decision to deny Accidental Disability retirement benefits - Tabled to await Supreme Court Ruling in similar matters |
| H-3 |
Tinson, Floyd - Newark City - Appeals the Board's decision to deny Involuntary Accidental disability retirement benefits - Approved |
| H-4 |
Parrish, Clarence - Dept. of Corrections - Appeals the Board's decision to deny Accidental Disability retirement benefits - Denied request for reconsideration; Approved hearing request |
| H-5 |
Reed, Betty - Dept. of Corrections - Appeals the denial of Accidental Disability retirement benefits - Approved |
OPEN SESSION
Active
Membership Issues
OPEN SESSION
Death Claim Issues
OPEN SESSION
Informational
Issues
L-1 |
Wire Transfers Non-Contributory Group Insurance Policy#14800 Benefit Claims for December 2007 - Noted |
L-2 |
PFRS Mortgage Statements/Memos - Noted |
"+" Indicates personal
appearance
"=" Indicates
items not mailed
The next meeting
of the Board will be held on March 10, 2008.
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