New Jersey Division of Pensions and Benefits

POLICE AND FIREMEN'S RETIREMENT SYSTEM
April 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:

10:07 a.m.

Adjourned:

5:10 p.m.

Roll Call:

John Sierchio; Mark Kandrac; Rich Mikutsky; Vince Foti; Frank Leake; Wayne Hall; Sherryl Gordon (left at 2:20 p.m.); Susanne Culliton (State Treasurer’s designated representative); Richard Loccke

Absent:

Tom Murphy

Also Present:	DAG Kellie Pushko; DAG Eileen DenBleyker; DAG Dawn Harris

Division Staff:	Wendy Jamison; Gail Griffin; Lisa Pointer; Virginia Martucci; Marylou Mayoros; Mary Ellen Rathbun; Jackie Bussanich; Kathy Coates; Debbie Lane; Bill Tedder; Mike Czyzyk; Sharon Palmer; Fred Beaver

Members, Counsel, Employers, Consultants:
	Steven Kossup, Esq.; William Grosse; Craig Gumpel, Esq.; Patrick Cornell; Darlene Cornell; Charles Uliano, Esq.; William Braker; Marco Manzi; John Clifton; John Kelly; Tony Pabasso; Edward Woltman; Chris Maher; Tom Hiltner; Thomas Thorn; Charles Schlager, Esq.; Steven Addezio; Denise Barnes; Timothy Smith, Esq.; Anthony Puccino; David Ramos; Denzel McClutcher; Daniel McElnea; William Tartis; Chauncey Brown; Dan LoBue; Kevin Houghton; Steve McGinley; Karmen Khalfin; Samuel Clark

Union Groups, etc.:
	George Borek, IAFF; Steve Eckel; FOP; Regina Herz

OPEN SESSION

Minutes

Minutes from the meeting of March 10, 2008 - Approved

OPEN SESSION

Finance

A-1	Trial Balance as of September 30, 2007 - Approved
A-2	Trial Balance as of October 31, 2007 - Approved
A-3	Common Pension Fund A as of January 31, 2008 - Approved
A-4	Common Pension Fund B as of January 31, 2008 - Approved
A-5	Trial Balance as of November 30, 2007 - Approved
A-6	Trial Balance as of December 31, 2007 - Approved
A-7	Common Pension Fund E as of October 31, 2007 - Approved
A-8	Common Pension Fund A as of February 29, 2008 - Approved
A-9	Common Pension Fund B as of February 29, 2008 - Approved

OPEN SESSION

Miscellaneous Issues

B-1	Administrative Code for Publication Proposed Amendments: N.J.A.C. 17:4.2.1, 2.2 and 2.6 and 17:4-5.3; Proposed New Rule: 17:4-2.4 - Approved for publication (Vote: 7:1:1: Trustee Loccke Nae; Trustee Culliton abstained)
B-2+	Medford Township - Chapter 204 PFRS Title Review - Denied Fire Marshal title (Vote: 7:1:1: Trustee Culliton abstained; Trustee Loccke recused)
B-3+	DAG advice on Patterson, Moore, Guadagno - Noted
B-4+	Proposed Resolution (no retroactive application of the Patterson decision) - Adopted

OPEN SESSION

Retirement and Death Lists

C-1	Active and Retired Death Lists - Approved
C-2	Retirement List - Approved
C-3	Chapt. 104 PFRS - Approved
C-4	Return to Employment - Approved

CLOSED SESSION

Ordinary Disability

Item No.	Member Name No.	Employer	Effective Date	Board’s Decision
D-1	Feltri, Sean	County of Ocean	9/1/2005	A) Honorable Service B) Ordinary Disability Postponed per member’s request due to pending litigation
D-2	Cassidy, Dan	Bayside State Prison	4/1/2008	Approved
D-3	Hartgrove, Gary	Twp. of Franklin	10/1/2007	Approved
D-4	Monthly OD Grid	.	.	(see below)
D-5	Ortiz-Prause, Dalia	Passaic County	4/1/2008	Approved; c. 428 (Trustee Loccke recused)

Monthly OD Grid (D-4)

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
Ayers, Roger W Jr	03/08	P	Camden Co Bd of Chosen Frhldrs
Clugsten, David F	03/08	P	Department of Correction
Greenberger, Amy Marie	02/08	P	Jackson Township
Isaac, Morris R Jr.	05/08	P	Edna Mahan Corr Fac For Women
Jasmine, Charles V	09/07	P	Bergen County
Lemke, Lawrence R	08/07	F	Jersey City Fire Dept.
Mcewan, Donald R **	12/07	P	Passaic County
Mcgrath, George R Iii	03/08	F	Cranford Township
Mcnair, Tracy	11/07	P	Burlington County/Payroll Dept
Mott, Virginia L	12/07	P	South Woods Prison-Dept. of Corr.
Orourke, Edward F Jr **	02/08	P	Hardyston Township
Rodriguez, Carlos J Sr	11/07	P	Atlantic County
Roun, Terry Kieth	01/08	P	Correct-Bayside State Prison
Tomaskovic, Aaron M	12/07	P	Edna Mahan Corr. Facility

** (Trustee Loccke recused)

Total = 14

CLOSED SESSION

Accidental Disability

Item No.	MEMBER'S NAME, NO.	EMPLOYER	EFFECTIVE DATE	ACCIDENT DATE	BOARD’S DECISION
E-1	Bailey, Andrew	Mountainview Youth Corr. Facility	8/1/2007	10/27/1996 12/10/2003	A) Honorable Service - Partial Forfeiture Service & Salary from 1/2004 thru 12/2004 B) Accidental Disability - Denied Accidental Disability; Granted Ordinary Disability
E-2 +	Bergus, Bazyt	Newark City	1/1/2008	3/23/1997	Approved request to file for Accidental Disability
E-3 +	Grosse, William	Hamilton Twp. Fire Dept.	5/1/2008	5/18/2006	Denied Accidental Disability; Granted Ordinary Disability
E-4	Martinez, Alexander	North Hudson Reg. Fire and Rescue	2/1/2007	9/11/2001	Tabled until May 12, 2008 meeting; approved as final postponement request
E-5 +	McClutcher, Denzal	West Orange Township	11/1/2006	7/9/2004 1/18/2006	Reconsidered; Denied Accidental Disability; Continue Ordinary Disability
E-6	Thomas, Pamela	Juvenile Justice Commission	11/1/2007	6/12/2003 11/18/2006	Denied Accidental Disability; Granted Ordinary Disability
E-7	Miller, Bruce	Township of Lower	10/1/2006	7/11/2006	A) Honorable Service- Partial Forfeiture service and salary from 10/1999 through termination B) Accidental Disability- Approved
E-8	Gustoso, Jerry	Hudson County	3/1/2007	12/23/2004	Denied Accidental Disability; Granted Ordinary Disability (Vote:5:1:1 Trustee Culliton nae; Trustee Kandrac abstained)
E-9	McFadden, Daniel	City of Bayonne	5/1/2008	11/12/2004	Approved
E-10 +	Cornell, Patrick	Jersey City Fire Dept.	11/1/2006	9/11/2001	Denied Request to change from Ordinary Disability to Accidental Disability
E-11 +	Barnes, Denise	County of Essex	4/1/2008	5/17/1997	Approved (Trustee Loccke recused)
E-12 +	Ramos, David	Newark Police	9/1/2006	6/11/2005	Reconsidered; Denied Accidental Disability; Granted Ordinary Disability; Case remains in OAL.
E-13 +	McElnea, Daniel	County of Essex	4/1/2008	1/4/2007	Approved

OPEN SESSION

Retirement Issues

F-1+	Weldon, Terrance - Asbury Park City - Dependency Request - Denied; no hardship; spouse does not rely on pension benefit for maintenance
F-2+	Braker, William - Jersey City - A.) Honorable Service - B.) Restoration of Benefits - Tabled in order to obtain the allocution transcript and the sentencing transcript. (Trustee Loccke recused)

OPEN SESSION

G-1	Caprio, Donna - Monmouth County/Hall of Records - Appellate Division Decisions - Court affirms the Board's decision to deny purchase of additional service as credit in the PFRS - Noted
G-2	Van Natta, Debra - Clinton Township - Hearing Withdrawals - Noted
G-3	Wright, David - City of Trenton - Settlement Agreements - Rejected
G-4	Cooper, Toney - Plainfield City - Hearing Withdrawals - Noted
G-5	Sellers, Glenn - Essex County College - Appellate Division Decisions - Approved enrollment in PFRS (Trustee Sierchio recused) (Enrollment Bureau)
G-6	Guadagno, Joseph - Albert C. Wagner Youth Corr Facility - Appellate Division Decisions - for information and discussion purposes only - Noted

OPEN SESSION

Hearing Requests

H-1+	Rovito, Richard - Weehawken Township - Appeals denial for Deferred retirement benefits - Denied reconsideration; approved hearing request (Trustee Loccke recused)
H-2	Dickson, Wayne - Salem City - Appeals administrative denial regarding settlement agreement - Approved
H-3	Melvin, Eugene - Dept. Environmental Protection - Appeals denial of Accidental Disability retirement benefits - Approved
H-4	Kushner, Stuart - Dept. of Corrections Vroom-Jones Farm - Appeals the denial of Accidental Disability retirement benefits - Approved
H-5	Penuel, Scott - Pitman Borough - Appeals denial of Accidental Disability retirement benefits - Approved
H-6	Horner, Richard - Bordentown Twp. - Appeals the denial of Accidental Disability retirement benefits - Approved
H-7	Ricks, Richard - Mercer County - Appeals denial of Accidental Disability - Approved
H-8	Fulse, Joseph - Mountain View Correctional Facility - Appeals denial of Accidental Disability retirement benefits - Approved
H-9	Pomponio, Ronald - Newark City - Appeals denial of Ordinary Disability retirement benefits - Approved
H-10+	Manzi, Marco - Paterson City - employer is appealing denial of Ordinary Disability retirement - Approved

OPEN SESSION

Active Membership Issues

J-1+1	John Clifton - City of Margate - Eligibility to enroll into PFRS - Denied (Vote: 6:2: Trustees Kandrac and Mikutsky nae)
J-2+	Thorn, Thomas - Medford Township - Eligibility to enroll into PFRS - Denied (Trustee Loccke recused)
J-3	Tartis, William - Newark City - Request to Purchase - Approved (Trustee Sierchio recused) (Purchase Section)

OPEN SESSION

Death Claim Issues

None

OPEN SESSION

Informational Issues

L-1	Appellate Division Decisions regarding John Redden vs PERS - Noted
L-2	State Ethics Commission Determination - Noted
L-3	State Investment Council Minutes from the January 17, 2008 meeting - Noted
L-4	Wire Transfers Non-Contributory Group Insurance Policy #14800 for February 2008 - Noted
L-5	State Investment Council Minutes from the February 21, 2008 meeting - Noted
L-6	PFRS Mortgage Statements/Memos for February 2008 - Noted

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

The next meeting of the Board will be held on May 12, 2008, starting at 9:30 a.m.

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Division of Pensions and Benefits
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Last Updated: April 15, 2008