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POLICE AND
FIREMEN'S RETIREMENT SYSTEM
May 12 , 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: |
9:35 a.m. |
| Roll Call: |
John Sierchio; Rich Mikutsky; Vince Foti; Frank Leake; Wayne Hall; Fred Beaver; Richard Loccke; Tom Murphy |
| Absent: |
Mark Kandrac; Sherryl Gordon |
| Also Present: |
DAG Kellie Pushko; DAG Eileen DenBleyker |
| |
|
| Division
Staff: |
Wendy Jamison; Gail Griffin; Lisa Pointer; Virginia Martucci; Sharon Palmer; Florence Sheppard |
| |
|
| Members, Counsel, Employers, Consultants: |
| |
Anthony Troiano; Roberto Velez; Jose Velez; Steven Kossup, Esq.; Joseph Sette; Alicia Sette; William Claxton, Esq.; Vincent DelleChiaie; Vicki Beyer, Esq.; Jeffrey Seider; Debbie Seider; Matthew Seider; Jacob Seider; Samuel Halpern, Esq.; Joseph Gachetti; John Feeley, Esq.; Luis Cepeda; Frank Snyder; Alexander Martinez; Robert Gleisberg; D. William Subin |
| |
|
| Union Groups, etc.: |
| |
George Borek, IAFF; Steve Eckel, FOP |
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OPEN SESSION
Minutes
Minutes from the meeting of April 14, 2008 - Approved (Trustee Beaver abstained)
OPEN SESSION
Finance
A-1 |
Trial Balance as of January 31, 2008 - Approved |
| A-2 |
Common Pension Fund D as of December 31, 2007 - Approved |
| A-3 |
Trial Balance as of February 28, 2008 - Approved |
| A-4 |
Common Pension Fund E as of November 30, 2007 - Approved |
OPEN SESSION
Miscellaneous
Issues
| B-1 |
Guide for Accidental Disability Motions - Noted |
| |
(A motion to adopt Resolution B was made by Trustee Beaver and seconded by Trustee Mikutsky. A subsequent motion to return to Open Session was made by Trustee Mikutsky and seconded by Trustee Foti) |
| B-2 |
Administrative Code for Publication Creditable Compensation Regulation (NJAC 17:4-4.1) - Tabled for formal Opinion from the Attorney General’s Office (vote: 5-3: Trustees Foti, Hall, Loccke; nae) |
| B-3 |
Mid-Election Report for Firefighter position - Accepted |
OPEN SESSION
Retirement and Death Lists
C-1 |
Active and Retired Death Lists - Approved |
C-2 |
Retirement List - Approved |
CLOSED SESSION
Ordinary Disability
Item
No. |
Member Name, No. |
Employer |
Effective
Date |
Board’s Decision |
D-1 |
Hannigan, Thomas
|
Borough of Glen Ridge |
2/1/2008 |
Involuntary Ordinary Disability Denied; Offer Service
(Trustee Loccke recused) |
D-2 |
Brodie, Joseph
|
South Woods State Prison |
10/1/2007 |
Involuntary; c. 428 - Approved |
D-3 |
Monthly OD Grid |
. |
. |
(See Grid Below) |
D-4 + |
Troiano, Anthony
|
Hillside Township |
1/1/2007 |
(A motion to adopt Resolution B was made by Trustee Beaver and seconded by Trustee Mikutsky. A subsequent motion to return to Open Session was made by Trustee Foti and seconded by Trustee Mikutsky.
Tabled for member “in-service” issue
(Trustee Loccke recused) |
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 May 1, 2008 and earlier.
Member's Name
|
Effective Date |
P/F |
Employer |
Ackerman, Joseph Alan Jr |
02/08 |
F |
HackensackCity |
Costello, John |
04/08 |
F |
Bayonne City |
Green, Ronald J |
04/08 |
P |
East Jersey State Prison |
Halloran, Michael J Jr |
02/08 |
P |
Union County |
Johnson, Lavita E |
05/08 |
P |
Newark City |
Kenney, Francis I |
12/07 |
P |
Middlesex County |
Marcinczyk, Steven V |
02/08 |
P |
Middlesex County |
Muhammad, Ibrahim |
03/08 |
P |
Essex County |
Phillips, Michael J |
05/08 |
P |
Southern State Crrtnl Facility |
Pitt, Louis Anthony |
09/07 |
P |
Mountainview Youth Corr. Fac. |
CLOSED SESSION
Accidental Disability
Item
No. |
MEMBER'S NAME NO. |
EMPLOYER |
EFFECTIVE DATE |
ACCIDENT
DATE |
BOARD’S DECISION |
E-1 + |
Velez, Roberto
|
Newark Police Department |
2/1/2005 |
12/10/2004 |
a) Honorable Service - Partial Forfeiture of final year service and salary
b) Accidental Disability - Approved Accidental Disability |
E-2 + |
DelleChiaie, Vincent
|
Passaic County |
2/1/2008 |
4/25/2007 |
Reconsidered and approved Accidental Disability
(Trustees Loccke and Foti recused) |
E-3 + |
Cepeda, Luis
|
Northern State Prison |
6/1/2007 |
3/2/2007 |
Denied Accidental Disability, granted Ordinary Disability effective |
E-4 + |
Sette, Joseph
|
South Orange Village |
3/1/2008 |
6/29/2005 |
(A motion to adopt Resolution B was made by Trustee Beaver and seconded by Trustee Mikutsky. A subsequent motion to return to Closed Session was made by Trustee Beaver and seconded by Trustee Mikutsky)
Approved Accidental Disability |
E-5 |
Ranton, Leroy
|
Boro. of Paulsboro |
7/1/2007 |
4/30/2006 |
Tabled for clarification from employer regarding usage of shotguns. |
E-6 |
Goodman, Pamela
|
Dept. of Corrections |
12/1/2007 |
10/11/2005 |
Tabled for clarification from IME. |
E-7 |
Zielinski, Mark
|
NJ Transit |
7/1/2007 |
10/4/2005 |
Approved Accidental Disability (Trustee Loccke recused) |
E-8 |
Riley, John
|
Red Bank Borough |
5/1/2008 |
8/3/2007 |
Approved Accidental Disability |
E-9 |
Salarno, Vincent
|
NJ State Parole Board |
10/1/2007 |
1/24/2006 |
Denied Accidental Disability, granted Ordinary Disability |
E-10 |
Santiago, Mark
|
Newark City |
3/1/2008 |
9/25/2006 |
Denied Accidental Disability, granted Chapter 428 Ordinary Disability |
E-11 |
Gross, Blanche
|
South Woods Prison |
9/1/2007 |
6/11/2006 |
Approved Accidental Disability effective |
E-12 |
Valenzuela, Diomedes
|
Township of Irvington |
10/1/2006 |
11/27/2001 |
Reconsidered and reaffirmed previous decision denying Accidental Disability, continue collecting Ordinary Disability |
E-13 + |
Guadagno, Joseph
|
Albert C. Wagner Youth
Corr. Facility |
8/1/2003 |
10/28/2002 |
(A motion to adopt Resolution B made by Trustee Beaver and seconded by Trustee Mikutsky. A subsequent motion to return to Closed Session made by Trustee Mikutsky and seconded by Trustee Foti)
Tabled for additional information |
Item
No. |
MEMBERS NAME NO. |
EMPLOYER |
EFFECTIVE DATE |
ACCIDENT
DATE |
BOARD’S DECISION |
E-14 |
Caminiti, Frank
|
Essex County |
1/1/2004 |
1/20/2000 |
Reconsidered and denied Accidental Disability, continue Ordinary Disability
(Trustee Loccke recused) |
E-15 + |
Corbacho, Juan
|
Newark City |
5/1/2003 |
9/1/2000 |
Reconsidered and denied Accidental Disability, continue collecting Ordinary Disability |
E-16 |
Miller, Stephen
|
Essex County |
7/1/2002 |
7/7/2000 |
Reconsidered and denied Accidental Disability, continue collecting Ordinary Disability (Trustee Loccke recused) |
E-17 + |
Seider, Jeffrey
|
Franklin Township |
6/1/2003 |
11/9/1998 |
Reconsidered and denied Accidental Disability, continue collecting Ordinary Disability |
E-18 |
Delvalle, Mariano
|
Lakewood Township |
4/1/2006 |
3/24/2002 |
Reconsidered and denied Accidental Disability, continue Ordinary Disability
(Trustee Loccke recused) |
E-19 |
Hargrove, Samuel
|
Burlington County |
6/1/2006 |
11/30/2005 |
Reconsidered and denied Accidental Disability, continue Ordinary Disability |
E-20 |
Evans, James
|
Bridgeton City |
4/1/2008 |
2/23/2003 |
Reconsidered and denied Accidental Disability, continue Ordinary Disability.
(Vote: 4:3: Trustees Sierchio; Hall and Leake: Nae) |
E-21 |
Hodavance, John
|
Hillside Township |
12/1/2007 |
3/24/2001 |
Denied Accidental Disability, continue Ordinary Disability |
E-22 |
Hornung, Francis
|
Union County |
7/1/2007 |
11/14/2006 |
Reconsidered and denied Accidental Disability, continue Ordinary Disability |
E-23 |
Naylor, David
|
Livingston Township |
7/1/2007 |
2/13/2007 |
Reconsidered and denied Accidental Disability, continue Ordinary Disability |
E-24 |
Madama, Joshua
|
Allentown Borough |
2/1/2007 |
3/31/2004 |
Reconsidered and denied Accidental Disability, continue Ordinary Disability |
E-25 + |
Rodrigues, Rui
|
City of Newark |
6/1/2006 |
12/26/1999
7/6/2000 |
Reconsidered and denied Accidental Disability, continue Ordinary Disability |
E-26 + |
Snyder, Frank
|
Essex County |
1/1/2007 |
9/7/2006 |
(A motion to adopt Resolution B was made by Trustee Leake and seconded by Trustee Beaver. A subsequent motion to return to Closed Session made by Trustee Beaver, seconded by Trustee Foti)
Reconsidered and denied Accidental Disability, continue Ordinary Disability
(Trustee Loccke recused) |
E-27 |
Thau, Michael
|
Middlesex County |
12/1/2007 |
12/11/2006 |
Reconsidered and denied Accidental Disability, continue Ordinary Disability |
E-28 + |
Gleisberg, Robert
|
Egg Harbor Township |
5/1/2007 |
12/2/1997 |
Reconsidered and denied Accidental Disability, continue Ordinary Disability
Vote: 5:2; Trustees Hall and Murphy: Nae; Trustee Loccke recused |
E-29 |
Walder, Lorna
|
Dept. of Environmental Protection |
11/2/2007 |
4/1/2006 |
Tabled for submission of additional medical documentation per member’s request. |
E-30 |
Acevedo, Fernando
|
City of Newark |
2/1/2007 |
3/29/2005 |
Tabled to allow member to file amended application w/more MVA incidents, per supplemental request. Granted Interim Ordinary Disability (DAG Pushko recused) |
E-31 + |
Gachetti, Joseph
|
City of Trenton |
5/1/2008 |
1/5/2007 |
Approved Accidental Disability effective (Trustees Foti and Murphy recused) |
E-32 |
Register, Michael
|
Dept. of Corrections |
9/1/2007 |
11/16/2006 |
Tabled on TP to provide IME with additional documents. |
E-33 |
Hayes, Shonda
|
City of Trenton |
10/1/2007 |
3/28/1998
12/31/2001 |
Denied Accidental Disability, granted Ordinary Disability (Trustees Foti and Murphy recused) |
E-34 |
Wolf, Edward
|
Wayne Twp. |
4/1/2008 |
11/16/2005 |
Approved Accidental Disability (Trustee Loccke recused) |
E-35 + |
Grier, Karen
|
Essex County |
2/1/2007 |
11/15/2003 |
Denied Accidental Disability, Offered Deferred retirement. (Trustee Loccke recused) |
E-36 + |
Martinez, Alexander
|
North Hudson Regional Fire & Rescue |
2/1/2007 |
9/11/2001 |
(A motion to adopt Resolution B made by Trustee Sierchio and seconded by Trustee Beaver. A subsequent motion to return to Closed Session made by Trustee Sierchio and seconded by Trustee Foti)
Approved request to file for Accidental Disability |
OPEN SESSION
Retirement
Issues
|
F-1 |
Ceres, Lawrence - Somers Point City - Request for Dependency due to incarceration - Denied |
OPEN SESSION
Hearing
Decisions
G-1 |
Benbrook, Daniel - Middletown Twp. - Initial Decision - ALJ reversed Board's Decision and granted Accidental Disability. DAG requests additional time to file exceptions. - Tabled for exceptions and reply to exceptions. |
G-2 |
Beauregard, Tamara - Camden City - Initial Decision - ALJ reversed Board's decision and granted Accidental Disability - Adopted (Trustee Loccke recused) (Retirement Bureau) |
G-3 |
Moved to L-4 |
G-4 |
Mottola, Anthony - Union City - Hearing Withdrawals - Noted |
G-5 |
Bartholomew, Kevin - Garden St Recp & Youth Corrr CTR - Initial
Decision - ALJ reversed Board's decision and granted Accidental Disability retirement benefits -
Adopted (Retirement Bureau) |
G-6 |
Doran, Anthony - Greenwich Twp. - Initial Decision - ALJ upheld Board's decision and denied Accidental Disability retirement benefits - Adopted |
OPEN SESSION
Hearing
Requests
H-1 |
Muccigrossi, Gary - South Plainfield Borough - Appellate Division Decision - Appeals the denial of Accidental Disability retirement benefits - Approved |
H-2 |
Narducci, Robert - Bellmawr Borough - Appeals the Board's approval of Involuntary Ordinary Disability retirement - 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 the month of
March 2008 - Noted |
L-2 |
Nicole Fava's Resignation Letter - Noted |
L-3 |
PFRS Mortgage Statements/Memos – Noted |
L-4 |
Appellate Division decision regarding Steven J. Kaflowitz vs PERS - Noted |
"+" Indicates personal
appearance
"=" Indicates
items not mailed
The next meeting
of the Board will be held on June 9, 2008 at 9:30 a.m.
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