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POLICE AND
FIREMEN'S RETIREMENT SYSTEM
March 6, 2006
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 2006 annual meeting schedule was
mailed to the Secretary of State, Star Ledger and the Trenton
Times on November 15, 2005.
OPEN PUBLIC MEETING
The first portion of the meeting is
open to the public. The second portion, in conformity with the Open
Public Meetings Act, shall be closed to the public based upon the
personal matters exception. Those matters are confidential unless
expressly waived by the individual involved.
Open Session
| Called
to Order: |
10:03 a.m. |
| Roll
Call: |
Mark Kandrac;
John Sierchio; Dennis Connelly; Joseph Boucher (left 1:30 p.m.);
Vince Foti; Fred Beaver; Nicole Fava; Rich Mikutsky; Frank Leake;
Alan Levine (Arrived 10:10 a.m.; left 1:30 p.m.) |
| Also
Present: |
DAG Susanne Culliton (Arrived
10:06 a.m.) |
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|
| |
Division
Staff: |
| |
|
Wendy Jamison; Gail Griffin;
David Pointer; Sandy Horan; Joe Reilly; Mike Czyzyk; Mary Ellen
Rathbun; Jackie Bussanich |
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Members,
Counsel, Employers: |
| |
|
Joseph Chiarulli;
Brenda Chiarulli; William Osterman; Gary Wodlinger, Esq.; Jorge
DeArmas, Esq.; Linda
Bilec, DAG; David Ryan; Paul Kleinbaum, Esq.; Jeff Ignatowitz,
DAG; Stephen Hunter, Esq.; James Mets, Esq.; Len Schiro, Esq.;
Charles Castronova; Stuart Alterman, Esq.; Wayne Kummer; Jeffrey
Wilson; Donna Wilson; Thomas Rohling; Amy Rohling; Mark Gangi;
David Wetmore; Leon Suvenski, Esq.; Charles Uliano, Esq.; John
Feeley, Esq.; Steven Kossup, Esq. |
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Consultants,
Union Groups, etc.: |
| |
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OPEN SESSION
Minutes
Minutes from the meeting of February
6, 2006 - Approved with revision
(Motion by Trustee Foti; Seconded by Joe Boucher)
OPEN SESSION
Finance
|
A-1
|
Trial Balance as of December 31, 2005 - Approved
(Motion by: Trustee Foti;
Seconded by Trustee Leake) |
|
A-2
|
Common Pension Fund
D as of December 31 - Approved
(Motion by: Trustee Foti;
Seconded by Trustee Leake) |
|
A-3
|
Common Pension Fund
E as of December 31, 2005 - Approved
(Motion by: Trustee Foti;
Seconded by Trustee Leake) |
|
A-4
|
Common Pension Fund
E as of January 31, 2005 - Approved
(Motion by: Trustee Foti;
Seconded by Trustee Leake) |
Miscellaneous Issues
|
B-1
|
Administrative Code
for Final Adoption - Approved
(Motion by: Trustee Beaver;
Seconded by Trustee Mikutsky)
|
|
B-2
|
Police Election Appeal
for John Malinski - Denied Appeal
(Motion by: Trustee Foti;
Seconded by Trustee Mikutsky; Trustee Sierchio recused) |
|
B-3
|
City of Brigantine
Fire Official/ Firefighter - Chapter 204 PFRS Title Review -
Resubmission - Approved
(Motion by: Trustee Connelly;
Seconded by Trustee Sierchio; Trustee Beaver abstained) (Enrollment
Bureau) |
Retirement and Death Lists
|
C-1
|
Retirement List -
Approved
(Motion by: Trustee Foti; Seconded by Trustee Connelly)
|
|
C-2
|
Active and Retired
Death Lists
(Motion by: Trustee Foti;
Seconded by Trustee Sierchio) |
CLOSED SESSION
Ordinary Disability
|
| |
Member Name,
Number
|
Employer
|
Effective
Date
|
Board's Decision
|
|
D-1
|
Trabucco, Albert
|
Morris County
|
9/1/2005 |
Approved; No Forfeiture
(Motion by Trustee Boucher; Seconded by Trustee Sierchio)
|
| D-2 |
Kristensen, Peter
|
Fairlawn Boro. |
10/1/2004 |
Approved
(Motion by Trustee Boucher; Seconded by Trustee Foti) |
| D-3 |
Dreissig, Thomas
|
Borough of New Providence |
2/1/2006 |
Approved; Partial forfeiture
of service and salary from 9/1/04 to termination
(Motion by Trustee Beaver; Seconded by Trustee Mikutsky)
|
| D-4 |
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 March 1, 2006 and earlier.
|
Member's
Name |
Effective
Date |
P/F |
Employer |
|
Askey, Charlie Carter |
01/06 |
P |
South Woods Prison-Dept.
of Corr. |
|
Borrero, Carlos Javier |
04/05 |
P |
Essex County |
|
Ciarleglio, Joseph |
06/05 |
F |
Paterson City |
|
Murphy, Lawrence |
09/05 |
P |
Dept. of Environmental
Protection |
|
Sims, Steven |
02/06 |
P |
East Orange City |
|
Zimbardo, Robert J |
12/05 |
F |
Union Township |
Total=6
(Motion by Trustee Levine;
Seconded by Trustee Leake)
|
Accidental
Disability
|
| |
Member Name,
No.
|
Employer
|
Effective
Date
|
Accident
Date
|
TP |
DR |
TE |
DM |
Board's Decision
|
|
|
E-1
|
Walski, Michael
|
City of Newark
|
3/1/2006
|
6/3/2002
|
N
|
N
|
N
|
|
Denied
Accidental Disability; Offered
Deferred
(Motion by Trustee Foti; Seconded by Trustee Boucher; Trustee
Fava recused) |
| E-2 |
Rodgers, Richard
|
Willingboro Twp.
|
3/1/2006*
|
10/14/2004
|
Y
|
Y
|
Y
|
|
Approved
(Motion by Trustee Foti; Seconded by Trustee Boucher)
|
*
effective date
change to 4/1/06 |
|
E-3
1 :00 PM
|
Castronovo, Charles
|
City
of Passaic |
9/1/2005
|
11/20/2004
|
Y
|
Y
|
Y
|
|
Reconsidered
and Approved Ordinary Disability
(Motion by Trustee Foti; Seconded by Trustee Sierchio) (Vote:
9:1; Trustee Beaver: Nae) |
|
E-4
|
Arroyo, Vivian
|
City
of Newark Police Dept. |
4/1/2006
|
2/26/2000
|
Y
|
Y
|
Y
|
T
|
Tabled
to permit member to submit evidence regarding delayed manifestation
(Motion by Trustee Boucher; Seconded by Trustee Levine; Trustee
Fava recused) |
| E-5 |
Rocco, Noreen
|
Morris
County Correctional |
8/1/2005
|
4/5/2001
|
Y
|
Y
|
N
|
|
Denied
Accidental Disability;
Granted Ordinary Disability
(Motion by Trustee Boucher; Seconded by Trustee Levine)
|
| E-6 |
Martin, John
|
Twp.
Of North Bergen |
2/1/2006
|
1/31/2005
|
Y
|
Y
|
Y
|
|
Approved
(Motion by Trustee Boucher; Seconded by Trustee Levine) |
| E-7 |
Russo, Craig
|
Northern
State Prison |
2/1/2006
|
11/8/2004
|
N
|
N
|
N
|
|
Denied
Accidental Disability;
Offered Service
(Motion by Trustee Boucher; Seconded by Trustee Connelly)
|
| E-8 |
Trout, Phillip
|
City
of Ventnor |
5/1/2006
|
3/11/2004
|
Y
|
Y
|
Y
|
|
Approved
(Motion by Trustee Mikutsky; Seconded by Trustee Foti)
|
| E-9 |
Leone, Joey
|
West
Orange Twp. |
2/1/2006
|
10/4/2003
|
|
|
|
|
Tabled
pending receipt of report from IME
(Motion by Trustee Boucher; Seconded by Trustee Levine)
|
| E-10 |
Rivera, Matthew
|
West
New York Town |
2/1/2006
|
10/17/2004
|
Y
|
Y
|
Y
|
|
Approved
Accidental Disability from Ordinary Disability
(Motion by Trustee Connelly; Seconded by Trustee Mikutsky)
|
E-11
2 :00 PM |
Rohling, Thomas
|
Morris
County |
10/1/2003
|
2/26/2002
|
N
|
|
|
|
Reconsidered
and reaffirmed previous determination approving reinstatement from disability retirement
(Motion by Trustee Connelly; Seconded by Trustee Beaver) |
| E-12 |
Anderson, Richard
|
Dept. of Corrections |
2/1/2002
|
9/26/2000
8/9/2001
|
N
Y
|
N
N
|
Y
Y
|
|
Denied
Accidental Disability; Granted Ordinary Disability
(Motion by Trustee Beaver; Seconded by Trustee Fava)
|
| E-13 |
De Bonis, Russel
|
Essex
County |
6/1/2005
|
6/30/2003
|
|
|
|
|
Remanded
to the Division for administrative processing. Applicant should
not be in PFRS.
(Motion by Trustee Foti; Seconded by Trustee Boucher)
|
| E-14 |
Ellerson, Mark
|
Jersey
City Fire Dept. |
3/1/2006
|
12/13/2000
|
Y
|
Y
|
Y
|
|
Approved
(Motion by Trustee Levine; Seconded by Trustee Fava) |
E-15
1 :15 PM |
Fritz, William
|
Deptford
Twp. |
4/1/2006
|
8/16/2003
|
Y
|
Y
|
Y
|
|
Approved
(Motion by Trustee Connelly; Seconded by Trustee Foti) (Vote:
9:1; Trustee Beaver: Nae) |
| E-16 |
Gaull, Timothy
|
Riverfront
State Prison |
11/1/2005
|
8/21/2003
|
Y
|
Y
|
N
|
|
Denied
Accidental Disability;
Granted Ordinary Disability
(Motion by Trustee Levine; Seconded by Trustee Connelly)
|
| E-17 |
Glomb, Ronnie
|
City
of Orange |
4/1/2006
|
11/5/2004
|
Y
|
Y
|
T
|
|
Tabled
for additional info regarding incident; Granted Interim Ordinary
Disability
(Motion by Trustee Sierchio; Seconded by Trustee Levine)
(Vote: 9:1 Trustee Foti: Nae) |
| E-18 |
Supple, Kenneth
|
East
Windsor Twp. |
1/1/2006 |
|
|
|
|
|
Approved
(Motion by Trustee Connelly; Seconded by Trustee Sierchio)
(Vote: 7:3; Trustees Beaver, Mikutsky and Levine: Nae) |
E-19
1 :45 PM |
Wilson, Jeffrey
|
Little
Egg Harbor Twp. |
9/1/2005 |
4/27/2005
|
Y
|
N
|
T
|
|
Tabled
to send member for ortho. examination. Granted Interim Ordinary
Disability
(Motion
by Trustee Connelly; Seconded by Trustee Leake) |
E-20
1 :30 PM |
Kummer, Wayne
|
Deptford Twp. |
2/1/2006 |
1/31/2003 |
Y
|
Y
|
Y
|
|
Approved
Accidental Disability from Ordinary Disability
(Motion by Trustee Connelly; Seconded by Trustee Foti) (Vote:
9:1; Trustee Beaver: Nae) |
| E-21 |
David, Brian
|
City
of Orange |
8/1/2005 |
1/12/2001
|
Y
|
Y
|
Y
|
|
Approved
(Motion by Trustee Connelly; Seconded by Trustee Mikutsky)
|
| E-22 |
Holland, Jerry
|
Penns
Grove Borough |
12/1/2005
|
|
|
|
|
|
Denied
Accidental Disability;
Granted Ordinary Disability
(Motion by Trustee Connelly; Seconded by Trustee Levine)
|
| E-23 |
Nicolaro, Fedele
|
City
of East Orange |
7/1/2005 |
7/16/1999
|
Y
|
Y
|
Y
|
Y
|
Approved
Approved with re-exam in one year
(Motion by Trustee Connelly; Seconded by Trustee Levine)
|
OPEN SESSION
Retirement Issues
| +F-1 |
Osterman, William
- Elmer Boro. - Honorable Service - Separation and
Release Agreement - Partial forfeiture of service and salary
from May 1, 2003 to termination. (Motion by Trustee Sierchio;
Seconded by Trustee Levine) (Vote: 9:1; Trustee Fava: Nae)
(Retirement Bureau) |
|
F-2
|
Chiarulli, Joseph
- Waterford Twp. - Honorable Service - Resubmission
(Service ret.) - No forfeiture
of service or salary - all charges were dropped (Motion by
Trustee Foti; Seconded by Trustee Connelly) (Vote: 6:3:1; Trustees
Levine, Beaver and Mikutsky: Nae; Trustee Fava abstained) (Retirement
Bureau) |
OPEN SESSION
Hearing Decisions
|
G-1
|
Erney, Jr., William
- Lawrence Twp. - Appellate Division Decisions - Court
affirmed in part and reversed
in part the following: |
| |
|
a.Affirmed the Board's
decision that Erney is not eligible for PFRS membership (employed
in positions that are not PFRS eligible titles) and thereby
is not eligible for PFRS retirement benefits. Erney is currently
enrolled in PERS and that is the position in which he should
have been enrolled instead of PFRS
b. Reversed the Board's decision that required Erney
to refund the retirement benefits he collected from July 2001
through November 2001
c. Affirmed the Board's decision to allow Erney to receive
a refund of his purchase of service or transfer the service
credit to his PERS account and receive a refund for the difference
between the PFRS and PERS rate of purchase |
| |
Remand to PFRS Board
to effectuate the terms of the opinion - Noted; Division will
implement the terms of the decision (Vote: Unanimous)
(Retirement Bureau) |
|
+G-2
|
Ryan, David - Maple Shade Twp. - Initial Decision - Resubmission
with DAG's Exceptions and
Attorney's Reply to Exceptions - ALJ affirmed traumatic event
and thereby reversed the Board's decision and granted Accidental
Disability - Adopted with modification; noted Exceptions and
Reply to Exceptions; Approved Accidental Disability effective
2/1/2005. (Motion by Trustee Sierchio; Seconded by Trustee
Levine) (Retirement Bureau) |
|
G-3
|
Pawlicki, Richard
- Keansburg Boro. - Initial Decision -
ALJ affirmed the Board's
decision to deny Accidental Disability due to no traumatic event
- Adopted (Motion by Trustee Beaver; Seconded by Trustee
Foti) |
|
G-4
|
Kleinatland, Stephen
- Town of Kearny - Hearing Withdrawals
- Noted |
|
G-5
|
McNicholas, Stephen
- Boro. Of Ramsey - Final Administrative Determinations
- Approved (Motion by Trustee Connelly;
Seconded by Trustee Foti) |
|
G-6
|
Rivchin,
Leonard - Town of Kearny - Findings of
Fact, Conclusions of Law
- Approved (Motion by Trustee Foti; Seconded by Trustee Connelly) |
|
G-7
|
Markey, Charles - Boro. Of Island Heights - Findings of Fact, Conclusions
of Law - Approved
(Motion by Trustee Foti;
Seconded by Trustee Connelly) |
|
G-8
|
Withdrawn
from agenda - Noted |
|
G-9
|
Richardson, Martin
- City of Newark - Hearing Withdrawals
- Noted |
|
G-10
|
Keenan,
Dennis - City of Trenton - Request for a Stay - Approved
with contingency that member
remains employed. (Motion by Trustee Foti;
Seconded by Trustee Connelly) |
|
G-11
|
Collodel-Strauss,
Donna - Sussex County - Initial Decision
with DAG's Exceptions - ALJ
affirmed traumatic event, reversed the Board's decision and
granted Accidental Disability - Rejected based on prongs 1
and 3; noted Exceptions and Reply to Exceptions
(Motion by Trustee Beaver; Seconded by Trustee
Connelly)
|
|
+G-12
|
Lake (deceased), Kathleen
for Timothy - Middletown Twp. - Initial
Decision with Exceptions
and Reply to Exceptions - ALJ affirmed the Board's decision
to deny a change in retirement benefit from Ordinary Disability
to Accidental Death - Adopted; Noted Exceptions and Reply to
Exceptions (Motion by Trustee Foti; Seconded by Trustee Levine) |
| G-13 |
Hemsey, Abraham
- City of Trenton - |
| |
|
a). |
Request for Stay in the implementation
of the repayment schedule - Approved
(Motion by Trustee Fava; Seconded by Trustee Foti) |
| |
|
b). |
Request to combine PFRS accounts
- Denied
(Motion by Trustee Beaver; Seconded by Trustee
Connelly) |
| G-14 |
Guadagno, Joseph - Albert C. Wagner Youth Corr. Facility - Appellate
Division Decision - Court affirmed the Board's decision to deny
Accidental Disability due to no traumatic event - Noted |
Hearing Requests
| |
(H-1 through H-9
were approved for a hearing by unanimous vote) |
|
H-1
|
Brown, Michael
- Millville City - Request to re-open the case in the OAL
- Approved
|
|
H-2
|
Muscarella, Conrad
- Essex County - Appeals the Board's decision
to deny Accidental Disability - Approved |
|
H-3
|
Cooper, Toney - City of Plainfield - Appeals the Board's decision
to deny Accidental Disability - Approved |
|
H-4
|
Henderson, Joseph
- Essex County - Appeals the Board's decision
to deny Accidental Disability - Approved |
|
H-5
|
Shogeke, Jacquie
- Northern State Prison - Appeals the Board's decision to deny
Accidental Disability - Approved |
|
H-6
|
Gachko, Steven - Cranford Twp. - Appeals the Board's decision
to reduce retirement benefits; holiday pay for contract period
January 1, 2002 through October 3, 2004 is not creditable compensation
and should not have been included in the calculation of retirement
benefits. |
|
H-7
|
Culligan, Kenneth
- Pemberton Twp. - |
| |
|
a) |
Reconsideration of
Accidental Disability on the issue of traumatic event - Denied
reconsideration |
| |
|
b) |
Hearing Request -
Appeals the Board's decision to deny Accidental Disability -
Approved |
|
H-8
|
Becker, Shane - Mountainview Youth Corr. Facility - Appeals the
Board's decision to deny Accidental Disability - Approved |
|
H-9
|
Bunalski, Jr., John
- Twp. Of Irvington - Request to join
in appeal to OAL - Approved |
Active Membership Issues
|
+J-1
|
Pequannock Twp. PBA Local No.
172 - Creditable Salary - Resubmission
|
| |
Pequannock
Township PBA Local 172 Rank and File
Contract Period 1/1/2002 through 12/31/05 |
| |
|
Article VI, Section
E and G: Salaries - Tabled
Article VI, Section E continued:
Salaries - Tabled |
| |
Pequannock Township Local 172 Superior
Officer's Association
Contract Period 1/1/2002
through 12/31/05 |
| |
|
Article VI, Section
B and C: Salaries - Tabled
Article VI, Section C Continued: Salaries - Tabled
Article II Section D: Tour of Duty and Overtime - Denied; considered
compensation in lieu of overtime - (Motion by Trustee Connelly; Seconded by Trustee Mikutsky) |
| |
The above noted issues were tabled in order for the Board to hold
a special meeting to address the creditable compensation issues. |
| +J-2 |
Town of Secaucus PBA
Local No. 84 and PBA Local No. 84 SOA - Creditable Salary |
| |
Secaucus PBA Local No.
84 Contract period 1/1/2000 through 12/31/2002 |
| |
|
Article 22, Section 22.1Clothing
Allowance - Denied based on reference as a trade-in
(Motion by Trustee Connelly; Seconded by
Trustee Mikutsky) |
| |
Secaucus PBA Local No.
84 Superior Officers
Contract
period 1/1/2000 through 12/31/2002 |
| |
|
Article 21, Section A -
Denied based on reference as a trade-in
(Motion by Trustee Connelly; Seconded by Trustee Mikutsky) |
|
J-3
|
Twp. Of Old Bridge
PBA Local No. 127 - Creditable Salary - Resubmission |
| |
Township of Old Bridge
PBA Local No. 127
Contract
Period 7/1/2004 through 6/30/2008 |
| |
|
Article VII, Section C
(as modified per Section A): Planning and Administration, Traffic
and Safety, Records, the I.D. Bureau and the Communications
officer stipends - denied as they
are listed as overtime items in the contract
(Motion by Trustee Connelly;
Seconded by Trustee Fava)
Article VII
Section D (as modified per Section A): Detective Bureau stipend
- denied as it is
listed as overtime in the
contract.
(Motion by Trustee Connelly;
Seconded by Trustee Fava) |
| +J-4 |
Twp. Of Old Bridge
FOP Lodge No. 22 (SOA) - Creditable Salary - Resubmission |
| |
Township of Old Bridge
FOP Lodge No. 22 Superior Officers
Contract period 7/1/2002
throught 6/30/2004 |
| |
|
Article VI Section E (as
modified per Section B): Planning and Administration, Traffic
and Safety, Records, the I.D. Bureau and the Communications
officer stipends - denied as they are
listed as overtime items in the contract
(Motion by Trustee Sierchio;
Seconded by Trustee Connelly)
Article VI
Section F (as modified by Section B): Detective Bureau stipend
- denied as it islisted as
overtime in the contract. (Motion by Trustee Sierchio;
Seconded by Trustee Connelly)
Article XXV, Section
D: Long Term Disability Insurance - denied as it is referenced
as a trade-in
(Motion by Trustee Connelly;
Seconded by Trustee Mikutsky) |
| +J-5 |
Twp. Of Old Bridge
Captains Association - Creditable Salary - Resubmission |
| |
Township of Old Bridge
Captain's Contract
Contract Period
7/1/2004 through 6/30/2008 |
| |
|
Article XXI: Clothing Allowance
- Denied as it is referenced as a trade in
(Motion by Trustee Connelly;
Seconded by Trustee Mikutsky) |
|
J-6
|
Twp. Of Edison IAFF
Local No. 2883 - Creditable Salary - |
| |
|
Township of Edison and IAFF
Local 2883
Contract Period 1/1/2001
through 12/31/2004
Article XXVII Section
4: Hazardous Pay - Denied as roll-in
Article VIII Section 1:
Clothing Allowance - denied due to its reference as a trade-in
Chief Inspector Title
- Currently under review by the Division of Pensions and Benefits
(Motions by Trustee Mikutsky;
Seconded by Trustee Beaver) |
| +J-7 |
Ocean County PBA Local
No. 258 (Correction's Superior Officers) - Creditable Salary |
| |
Ocean County PBA
Local 258 (Correction'sSuperior Officers)
Contract Period 4/1/2002 through 3/31/2006
Article IV, Section B: Clothing Allowance - denied due to
its reference as a trade in
(Motion by Dennis Connelly; Seconded by Trustee Mikutsky;
Trustee Foti abstained) |
Informational Issues
|
L-1
|
Wire Transfers Non-Contributory
Group Insurance Policy #14800 Benefits Claims - Noted |
|
L-2
|
Santiago, Joseph - Newark City - Appellate Division Decision - Noted |
|
L-3
|
State Investment Council/Division
of Investment Accomplishments - Noted |
"+" Indicates
personal appearance
"=" Indicates items not mailed
A special meeting
of the Board will be held on March 27, 2006.
The next meeting of the Board will be held on April 10, 2006.
|
