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POLICE AND
FIREMEN'S RETIREMENT SYSTEM
March 10, 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.
OPEN SESSION
| Called
to Order: |
10:05 a.m. |
| Roll Call: |
Fred Beaver; Vince Foti; Sherryl Gordon; Wayne Hall; Mark Kandrac; Frank Leake;
Richard Loccke; Richard Mikutsky (arrived 10:50 a.m.); Tom Murphy; John Sierchio |
| Also Present: |
DAG Kellie Pushko; Peter Garcia
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| |
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| Division
Staff: |
Wendy Jamison; Gail Griffin; Virginia Martucci; Marylou Mayoros; Sharon Palmer; John Megariotis; Florence Sheppard; Mike Czyzyk; Mark Schwedes |
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| Members, Counsel, Employers, Consultants: |
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Janet Cranna, Buck Consultants; Timothy Smith, Esq.; Anthony Puccino; Robert Narducci; Susan Narducci; Stuart Alterman, Esq.; Brian Donahue; James Evans; Robert Gleisberg; Frank Russo; Anthony LaRocco, Esq.; Steven Kossup, Esq.; Gary Muccigrossi; Gina Muccigrossi; Arthur Snellbaker; Salvatore Perillo, Esq.; Charles Ulliano, Esq.; Jerry Keelen, NJHMFA; Jim Hall, NJHMFA |
| Union Groups: |
| |
Keith Dunn, PBA; Steve Eckel, FOP; Ceaser Bennett, PBA; Joe Maliagrino, PBA; Anthony Williams, PBA; Clifford Rumpf, PBA; Gregory Kelley PBA; William Wertz, PBA; Greg Cusino, PBA; Todd McConnell, PBA; Tony LaRocca, PBA |
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OPEN SESSION
Minutes
Minutes from the meeting of February 11, 2008 - Approved with corrections
OPEN SESSION
Finance
A-1 |
Trial Balance Revised 2/20/08 as of July 31, 2007 - Approved |
| A-2 |
Trial Balance Revised 2/20/08 as of August 31, 2007 - Approved |
| A-3 |
Common Pension Fund E as of September 30, 2007 - Approved |
| A-4 |
Common Pension Fund D as of November 30, 2007 - Approved |
OPEN SESSION
Miscellaneous
Issues
| B-1+ |
Actuary Valuation Report as of July 1, 2007 - Accepted as presented |
OPEN SESSION
Retirement and Death Lists
C-1 |
Active and Retired Death Lists as of March 4, 2008 - Approved |
| C-2 |
Return to Employment - Approved |
| C-3 |
Retirement List - Approved |
CLOSED SESSION
Ordinary Disability
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| . |
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| D-1+ |
Pomponio, Ronald
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Newark Police |
7/1/2006 |
A. Honorable Service - Total forfeiture
B. Ordinary Disability - not eligible as a result of total forfeiture of service and salary
(Trustee Sierchio recused) |
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| D-2+ |
Narducci, Robert
|
Bellmawr Borough |
4/1/2007 |
Approved Involuntary Ordinary Disability |
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| D-3+ |
Baker, Robert
|
Township of Irvington |
11/1/2006 |
A. Honorable Service -
B. Ordinary Disability -
Tabled Honorable Service and Ordinary Disability for outcome of pending litigation |
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| D-4 |
Pflug, James
|
Township of Clark |
2/1/2008 |
Approved, C. 428 |
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| D-5+ |
Donahue, Brian
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Lower Township Police Department |
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Approved reinstatement |
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| 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 March 1, 2008 and earlier.
Member's Name
|
Effective Date |
P/F |
Employer |
Colon, James P
(Trustee Loccke recused) |
11/07 |
P |
Englewood Cliffs Borough |
Hanna, Richard G |
02/08 |
P |
Essex County |
Munoz, Zaida |
03/08 |
P |
Essex County |
Riddell, Wayne E |
01/08 |
P |
Camden Co. Bd of Chosen Frhldrs |
Steckel, Dennis P |
01/08 |
P |
Department of Correction |
Weaver, Debra Ann |
02/08 |
P |
Middlesex County |
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| D-7 |
McMillian, Joseph
|
City of Newark |
7/1/2007 |
Approved Involuntary Ordinary Disability |
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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 |
|
|
Hayes, Quentin
|
Mercer County |
3/1/2008
|
12/31/2001
|
Y |
Y |
Y |
Y |
Approved
(Trustees Murphy and Loccke recused) |
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Canestri, Paul
|
Middlesex Co. Sheriff's Dept. |
3/1/2008
|
9/20/2005
1/11/2007
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Y
Y |
Y
Y |
Y
Y |
. |
Approved |
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E-3
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Morales, Daniel
|
Newark Police |
10/1/2007
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7/14/2006
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Y |
Y |
Y |
. |
Approved with re-exam in one year |
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E-4 |
Sharp, Gilbert
|
Edison Township |
3/1/2008
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4/28/2003
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Y |
Y |
Y |
. |
Approved |
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E-5+ |
Evans, James
|
City of Bridgeton |
4/1/2008
|
2/23/2003
|
Y |
T |
T |
. |
Tabled to await the Supreme Court ruling in similar matters; granted interim Ordinary Disability
(Trustee Loccke recused) |
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E-6
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Delle, Chiale
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County of Passaic
Board of
Freeholders |
2/1/2008
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4/25/2007
|
Y |
Y |
N |
. |
Denied Accidental Disability; granted Ordinary Disability; the outcome of the incident was not undesigned and unexpected; not caused by an external circumstance
(Trustees Foti and Loccke recused) |
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E-7
|
Grondski, LeAnn
|
Juvenile Justice Commission |
4/1/2008
|
2/4/2007
|
Y |
Y |
Y |
. |
Approved |
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E-8+
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Gleisberg, Robert
|
Egg Harbor Twp. |
5/1/2007
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12/2/1997
|
T |
T |
T |
T |
Tabled to await the Supreme Court ruling in similar matters |
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E-9
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Bowers, Troy
|
Northern State Prison |
9/1/2007
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1/2/2003
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Y |
Y |
Y |
. |
Approved |
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E-10 |
Scott, Linda
|
Bergen County |
11/1/2006
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8/29/2002
|
Y |
Y |
N |
. |
Reconsidered; denied traumatic event; the outcome was not undesigned and unexpected; approved direct result; continue Ordinary Disability
(Trustee Loccke recused) |
|
E-11 |
Russo, Frank
|
Juvenile Justice Commission |
10/1/2004
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5/1/2004
|
Y |
Y |
Y |
. |
Reconsidered; approved traumatic event; approved Accidental Disability
(DAG Kellie Pushko recused) |
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E-12 |
Bauder, Mark
|
Essex County |
2/1/2008
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3/31/2007
|
Y |
Y |
Y |
. |
Approved
(Trustee Loccke recused) |
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E-13 |
Batista, Jeanette
|
Town of West New York |
1/1/2008
|
4/28/2006
4/29/2006
|
Y
Y |
N
N |
Y
N |
. |
Denied Accidental Disability; granted Ordinary Disability; the outcome of the incident was not undesigned and unexpected
(Trustee Loccke recused) |
|
E-14 |
Schuler, Michael
|
Mt. Laurel Twp. |
8/1/2007
|
1/19/2005
|
Y |
Y |
Y |
|
Approved |
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E-15+
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Cordasco, Angelo
|
Newark Police |
3/1/2008
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2/24/2003
|
Y |
Y |
Y |
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Approved |
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E-16 |
Russo, Craig
|
Northern State Prison |
2/1/2006
|
11/8/2004
|
N |
N |
Y |
|
Reconsidered; and approved traumatic event; reaffirmed denial of total and permanent and direct result; continue Service retirement
(DAG Kellie Pushko recused) |
|
E-17+ |
Muccigrossi, Gary
|
Boro of South Plainfield |
3/1/2004
|
2/1/1993
|
Y |
N |
Y |
N |
Reconsidered; reaffirmed denial of direct result and delayed manifestation; the disability was the result of a pre-existing disease alone or a pre-existing disease that was aggravated or accelerated by the work effort; continue Ordinary Disability
(DAG Kellie Pushko recused) |
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OPEN SESSION
Retirement
Issues
|
F-1+ |
Snellbaker, Arthur - Atlantic City -
1. Creditable Salary - Denied
(Vote: 6:3:1: Trustees Sierchio; Foti; Hall: Nae: Trustee Murphy abstained)
2. Repayment of overpayment of benefits stayed pending the filing of an appeal within 45 days
(Retirement Bureau) |
F-2+ |
Weldon, Terrance - Asbury Park City -
a.) Honorable Service - No Forfeiture
(Vote: 6:3:1: Trustees Leake, Foti and Loccke: Nae; Trustee Murphy abstained)
b.) Request for dependency due to incarceration - Tabled for updated listing of expenses, joint assets, any asset transfers in or out within the last 18 months, annuities and insurances. |
OPEN SESSION
Hearing
Decisions
| G-1 |
Smith, Linda - Dept. of Corrections - Hearing Withdrawals - Noted |
| G-2+ |
Hill, David - Newark City - Initial Decision - ALJ reversed Board's decision for total
forfeiture of PFRS pension-with exceptions - The Board reviewed the ALJ’s findings and took
into consideration the medical report from Dr. Lowe, factor #11 under Uricoli, the exceptions filed
by DAG Kellie Pushko and the reply to exceptions filed by Mr. Hill’s attorney, Steven Kossup.
The Board did not give the same weight as the ALJ to factor #11 under Uricoli and therefore, voted to reject the ALJ’s conclusions of law. |
OPEN SESSION
Hearing
Requests
| H-1 |
Repa, Joseph - Camden City - appeals the denial of Accidental
Disability - Approved (Trustee Beaver recused) |
| H-2 |
Mayo, Brian - Middlesex County - appeals the denial of Accidental
Disability - Approved |
OPEN SESSION
Active
Membership Issues
J-1-1 |
Mol, Harvey - Clifton City - Request to Purchase - Denied |
OPEN SESSION
Death Claim Issues
OPEN SESSION
Informational
Issues
L-1 |
Police and Fire Retirement System Mortgage Program Update - Loan Balances and Available Funds - Noted; Mr. Gerald Keelan and Mr. Jim Hall of the New Jersey Housing, Mortgage and Finance Agency addressed the members of the Board providing an overview of the Mortgage Program and an update regarding its action to temporarily postpone processing of new applications. |
L-2 |
Wire Transfers Non-Contributory Group Insurance Policy #14800 Benefit Claims for the month of January 2008 - 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 April 14 , 2008.
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