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POLICE AND FIREMEN'S RETIREMENT SYSTEM
July 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. A change in the meeting start time from 10:00 a.m. to 9:30 a.m. was mailed on April 24, 2008.

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

Service Deferred Special Totals

OPEN SESSION
Called to Order: 9:43 a.m.

Adjourned: 4:30 p.m.

Roll Call:

Fred Beaver; Laurel Brennan; Vince Foti; Sherryl Gordon; Wayne Hall; Mark Kandrac; Frank Leake; Richard Loccke; Rich Mikutsky; Tom Murphy; John Sierchio


Absent: None

Also Present: DAG Kellie Pushko; DAG Eileen DenBleyker;
   
Division Staff: Wendy Jamison; Mary Ellen Rathbun; Susanne Culliton; Virginia Martucci; Florence Sheppard; Marylou Mayoros; Mike Czyzyk; Sharon Palmer; Mark Schwedes
   
Members, Counsel, Employers, Consultants:
 

Samuel Gaylord, Esq; Tracey Schultice; Paul Kleinbaum, Esq.; Anthony Fusco, Esq.; Mark Santiago; Craig Gumpel, Esq.; Daniel Cruz; Ronald Ricci, Esq.; William Schwenk; William Grosse; Stuart Alterman, Esq.; Phillip Titzell; Kenneth Gerber; Tim Smith, Esq.; Bernard McGinniss; Joshua Markowitz, Esq.; Phillip Montgomery; John Feeley, Esq; Vincent Negri; Robert Freda; Marci Mackolin, Esq.; Brian Fromhold; Jermaine Wright; John Clifton; John Avalone; Steven Baird; William Claxton, Esq.; Domenick Lucignano; Robert Snowfield; Vincent Ucci; Anthony Piccinno; Robert Ingram; Scotty Williams; Luis Sarti; Robert Mikulak; Luis Sarti; Sharon Davis, Mark Santiago; David Filippello; Frank Testa; John Anillo; John Young; Donald Pulidore;

   
Union Groups, etc.:
  Steve Eckel, FOP; Jim Ryan, PBA ; George Borek

OPEN SESSION
Minutes

Minutes from the meeting of June 9, 2008 - Approved (Trustees Locke; Leake; Beaver; Gordon; Brennan abstained)

OPEN SESSION

Finance

A-1

Common Pension Fund A as of April 30, 2008 - Noted
A-2 Common Pension Fund B as of April 30, 2008 - Noted
A-3 Trial Balance as of April 30, 2008 - Noted
A-4 Common Pension Fund D as of February 29, 2008 - Noted
A-5 Common Pension Fund D as of March 31, 2008 - Noted
A-6 Trial Balance as of May 31, 2008 - Noted
A-7 Common Pension Fund E as of December 31, 2007 - Noted
A-8 Common Pension Fund A as of May 31, 2008 - Noted
A-9 Common Pension Fund B as of May 31, 2008 - Noted
A-10 Common Pension Fund D as of April 30, 2008 - Noted

OPEN SESSION

Miscellaneous Issues 

B-1

Reorganization of Board Members - Chairman - John Sierchio; 1st Vice Chairman - Rich Mikutsky; 2nd Vice Chairman - Marc Kandrac, State Investment Council - Mark Kandrac; Actuary Selection - Vince Foti

B-2+

Chapter 204 PFRS Title Review Arson Investigator and Senior Arson Investigator - Denied - (Trustee Beaver abstained)
B-3
 Investment Concerns from Trustee Foti - Request Director Clarke attend future meeting.
B-4
 Chapter 204 PFRS Title Review Human Services Recruit - Approved - (Trustee Beaver abstained)

OPEN SESSION

Retirement and Death Lists

C-1

Active and Retired Death Lists - Approved
C-2 Retirement List - Approved

CLOSED SESSION

Ordinary Disability

 
...
Member Name,
No.
Employer
Effective Date
Board's Decision
+D-1
Testa, Frank
Newark City  
 11/1/2007
Honorable Service - (Tabled for Adjudication of charges)
D-2
Troiano, Anthony
Hillside Twp 
 11/1/2007
Ordinary Disability (Denied application - not a member in service - no need to review honorable service)
D-3
Titzell, Phillip
 Mansfield Township (Burlington)  11/1/2007 Involuntary - (Tabled for IME to review new meds)
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 July 1, 2008 and earlier.

Member's Name

Effective Date

P/F

Employer

Davis, Cherry Dean
(Trustee Beaver abstained)

01/08

P

Southern State Crrtnl Facility (Correction Officer)

Grasso, Cassius A

05/08

P

West New York Town (Police Officer)

Saffold, Ruth

05/08

P

Northern State Prison (Correction Officer)
Total = 3



CLOSED SESSION

Accidental Disability 
 
Member Name, No.
Employer
Effective
Date
Accident
Date
Board's Decision
+E-1
 Anillo, John  Union City  
5/1/2004
9/11/2001
9/17/2001
12/10/2002
12/11/2002
.
Reconsidered and denied Accidental Disability, continue collecting OrdinaryDisability. Case remains in OAL.
(DAG Pusko recused)
E-2

 Boylan, Michael Edna Mahan Correctional
4/1/2004
12/30/2002
1/1/2004
.
Reconsidered and denied Accidental Disability, continue collecting Ordinary Disability. Case remains in OAL.
E-3
 Buzby-Morley, Kelly Atlantic City
1/1/2005
Ongoing from 5/00 to 12/00
.
Reconsidered and denied Accidental Disability, continue collecting Ordinary Disability. Case remains in OAL.
(DAG Pusko recused)
E-4
 Chernavsky, Daniel  Holmdel Twp.
6/1/2002
5/30/1999
1/8/2001
.
Tabled per attorney’s request.
(DAG Pusko recused)
E-5
 Dixon, Kathy  DOC 
4/1/2004
9/24/2003
.
Tabled per DAG request.     
E-6


 Fazzari, Fabian Orange City
1/1/2005
10/30/1997
1/12/2001
1/19/2004
.
Reconsidered and denied Accidental Disability, continue collecting Ordinary Disability. Case remains in OAL.
E-7
 Filippello, David West Caldwell Twp.
5/1/2005
3/8/2003
1/26/2004
2/28/2004
.
Reconsidered and denied Accidental Disability, continue collecting Ordinary Disability. Case remains in OAL.
(Trustee Loccke recused)
E-8
 Ingram, Robert  South Woods Prison
7/1/2005
8/25/2003
.
Reconsidered and denied Accidental Disability, continue collecting Ordinary Disability. Case remains in OAL.
(Vote 10-1 Trustee Hall; nae; DAG Pushko recused)
E-9
 Kelsey, Aaron City of Trenton 
6/1/2007
12/31/2001
.
Reconsidered and denied Accidental Disability, continue collecting Ordinary Disability. Case remains in OAL.
(Trustees Beaver; Foti; Murphy Recused)
+E-10
 Negri, Vincent  City of Newark 
4/1/2007
9/5/2006
.
Tabled for attorney to submit medical reports - then to new IME.
E-11
 Shogeke, Jacquie  Northern State Prison
3/1/2005
12/2/2004
.
Reconsidered and denied Accidental Disability. Only qualifies for withdrawal. Case remains in OAL.
E-12
 Silva, Erik  City of Newark
4/1/2007
8/7/2005
.
Reconsidered and denied Accidental Disability. Continue collecting Ordinary Disability. Case remains in OAL.
(DAG Pusko recused)
E-13
 Tatusko, Rosemarie Burlington County
12/1/2006
10/22/2005
.
Reconsidered and denied Accidental Disability. Continue collecting Ordinary Disability. Case remains in OAL.
(Trustee Loccke recused)
+E-14 Young, John Orange City
1/1/2007
11/5/2005
   Reconsidered and approved Accidental Disability. Case withdrawn from OAL.
(Vote 10-1 Trustee Beaver; nae; DAG Pusko recused)
+E-15 Williams, Scotty Bridgeton City
12/1/2003
2/28/2003
   Reconsidered and denied Accidental Disability. Continue collecting Ordinary Disability. Case remains in OAL.
(Trustees Foti, Loccke recused)
E-16
 Scott-Greene, Lori  East Jersey State Prison
5/1/2000
  Tabled
(DAG Pushko recused)   
+E-17 Mikulak, Robert East Jersey State Prison
9/1/2008
7/6/2007
   Approved Accidental Disability.
E-18
 O'Brien, Richard Hamilton Twp.
2/1/2008
1/15/2006
   Denied Acciental Disability, granted Ordinary Disability.
(Trustee Loccke recused)
+E-19 Pulidore, Donald  Union County
5/1/2008
12/27/2006
   Tabled for member to supply additional meds for IME review
(Trustee Foti recused)
E-20 Jacobs, Milton  Newark City
7/1/2008
4/30/2007
    Approved Accidental Disability.
+E-21 Schultice, Tracey   Juv. Jus. Comm./Medium Sec. Fac.
2/1/2008
1/16/2003
5/13/2005
   Tabled for clarification from IME. Grant  interim Ordinary Disability subject to review of service credit.
E-22 Serio, Ronald Elm Wood Park Borough
4/1/2008
10/29/2007
   Approved Accidental Disability.
(Trustee Loccke recused)
E-23 Evans, James  City of Bridgeton 
4/1/2008
2/23/2003
   Approved Accidental Disability.
(Trustees Foti; Loccke recused)
+E-24 Ucci, Vincent City of Newark
8/1/2008
1/5/2006

   Approved Accidental Disability.
(Vote 10-1 Trustee Loccke; nae)
+E-25
 McGinniss, Bernard City of Newark
6/1/2008
11/23/2006
   Approved Accidental Disability.
+E-26 Murillo, Janeth City of Newark 
6/1/2008
12/5/2007
   Tabled for more information about the incident. Granted interim Ordinary Disability.
E-27 Corcoran, Thomas  Juvenile Justice Commission 
12/1/2006
9/22/2005
   Reconsidered and denied Accidental Disability, continue collecting Ordinary Disability.  Case remains in OAL.
(DAG Pushko recused)
+E-28 Lucignano, Domenick Hoboken City 
12/1/2005
2/12/2005
   Reconsidered and denied Accidental Disability, continue collecting Ordinary Disability.
E-29 Alvarez, Juan Corrections-Adult Diag. & Treat
5/1/2008
1/10/2008
   Approved Accidental Disability.
+E-30
 Wright, Jermaine  Newark City 
4/1/2008
7/28/2007
   Approved Accidental Disability.
E-31 Sarti, Louis Spotswood  
1/1/2008
3/29/2004
   Approved Accidental Disability.
(Trustee Loccke recused)
+E-32 Baird, Steven Morris County
3/1/2008
3/31/2007
   Tabled for records on the incident
(Trustee Loccke recused)
E-33 Boone, Valenskie Willingboro Twp.
1/1/2007
3/11/2006
   Reconsidered and denied Accidental Disability, continue collecting Ordinary Disability.  Case remains in OAL.
E-34 Citta, James Boro of Seaside Park
1/1/2008
3/1/2007
3/13/2007
3/14/2007
3/15/2007
   Denied Acciental Disability, granted Ordinary Disability.
(Trustee Loccke recused)
E-35 Goodman, Pamela Dept. of Corrections
12/1/2007
10/11/2005
   Approved Accidental Disability.
E-36 Defilippo, Lisa Juvenile Justice Commission
7/1/2008
4/8/2007
   Approved Accidental Disability.
E-37 Scarabaggio, Peter  Juvenile Justice Commission
7/1/2008
4/8/2007
   Approved Accidental Disability.
E-38 Fisher, Andrew Twp. of Denville 10/1/2006
6/22/2001
   Approved Accidental Disability.
(Vote 8-3 Trustee Sierchio, Kandrac Mikutsky; nae)
+E-39 Avalone, John South Brunswick Township
6/1/2008
4/5/2000
9/9/2006
   Approved Accidental Disability.
+E-40 Freda, Robert  Newark City
6/1/2008
2/10/2006
3/2/2006
   Approved Accidental Disability.
E-41 Thomas, Karama  Newark City 
5/1/2008
7/18/2005
   Denied Acciental Disability, granted Ordinary Disability.
+E-42 Snowfield, Robert  Woodbridge Township
6/1/2008
10/25/2002
   Approved Accidental Disability.
(Trustee Loccke recused)
+E-43 Schwenk, William Northern State Prison
8/1/2007
10/13/2004
   Approved Accidental Disability.
+E-44 Fromhold, Brian Neptune Township 
7/1/2008
3/10/2003
   Approved Accidental Disability.
(Trustee Loccke recused)
E-45 Becker, Shane Mountainview Youth Corr. Fac.
3/1/2005
7/28/2003
   Reconsidered and denied Accidental  Disability, continue collecting Ordinary  Disability. Case remains in OAL.

OPEN SESSION

Retirement Issues

F-1

Whitehead, Richard - Ridgewood Village - Honorable Service - No forfeiture
(Vote 8-2-1 Trustee Leake, Mikutsky; nae; Trustee Loccke recused) (Retirement Bureau)
F-2+

Gerber, Kenneth - Springfield Township (Burlington) - Creditable Compensation - Postponed
per member’s request.

F-3

Fletcher, Richard  - City of Paterson - Honorable Service - No forfeiture
(Trustee Loccke recused) (Retirement Bureau)
F-4+

Montgomery, Phillip - Asbury Park City - Honorable Service and Dependency Request - Tabled
for final adjudication of charges.
(Trustee Loccke recused)

OPEN SESSION

Hearing Decisions

G-1

Benbrook, Daniel - Middletown Twp. - Initial Decision ALJ reversed the Board's decision
and granted Accidental Disability retirement - Rejected - Noted exceptions. Prepare a Final Administrative Determination
G-2

City of Jersey City - Initial Decision ALJ upholds the Board's decision denying the right to
purchase for the following:
Wilfredo Rodriguez; Joseph Carter, Jr.; Christian Fink; Harry Kawoczka - Tabled per attorney’s
request.

G-3

Christopher, Nicholas - Essex County - Appellate Division Decisions Court upheld the Board's decision to deny Accidental Disability retirement benefits. - Noted
G-4
 Cueto, Joseph - Newark City - Hearing Withdrawals - Noted
G-5

Gaffney, Edward - Berkeley Heights Township - Hearing Withdrawals - Noted

G-6

Gradaille, Armando - Essex County - Initial Decision ALJ upheld Board's decision and denied Ordinary Disability retirement benefits-with exceptions & reply to exceptions.
Noted exceptions and reply.  Adopted ALJ’s decision. (Trustee Loccke recused)

OPEN SESSION

Hearing Requests

H-1

Weldon, Terrance - Asbury Park City - Appeals the Board's denial of continuation of benefits to his spouse while incarcerated - Approved

H-2

McClutcher, Denzal - West Orange Township - Appeals denial of Accidental Disability retirement benefits - Approved

H-3

Cepeda, Luis  - Northern State Prison - Appeals the denial of Accidental Disability retirement benefits - Approved

H-4

Cornell, Patrick - Jersey City Fire Department - Appeals denial to file for Accidental Disability retirement benefits  - Approved

H-5

Rodrigues, Rui  - Newark City - Appeals denial of Accidental Disability retirement benefits - Approved

H-6

Naylor, David  - Livingston Township - Appeals denial of Accidental Disability retirement benefits - Approved

H-7

Evans, James - Bridgeton City - Appeals the denial of Accidental Disability retirement benefits - Withdrawn from agenda, Accidental Disability approved.

H-8

Salerno, Vincent - State Parole Board - Appeals the denial of Accidental Disability retirement benefits
Reconsideration - Approved Accidental Disability (Vote 9-2 Trustees Beaver and Loccke; nae) (Retirement Bureau)
H-9

Gleisberg, Robert - Egg Harbor Township - Appeals denial of Accidental Disability retirement benefits - Approved

H-10+

Grosse, William - Hamilton Twp. Fire District 9 - Appeals the denial of Accidental Disability retirement benefits - Reconsideration - Approved Accidental Disability
(Vote 7-3-1 Trustees Hall, Beaver, Loccke; nae; Trustee Kandrac recused) (Retirement Bureau)
H-11

Snyder, Frank - Essex County - Appeals denial of Accidental Disability retirement benefits - Approved (Trustee Loccke recused)
H-12

Santiago, Mark - City of Newark - Appeals the denial of Accidental Disability retirement benefits - Approved

H-13

Grier, Karen - Essex County - Appeals the denial of Accidental Disability retirement benefits - Approved

H-14+

City of Margate - Location #3-32800 - John Clifton - Appeals the denial of PFRS enrollment
Motion to reconsider - Approved (Vote 10-1 Trustee Loccke; nae)
PFRS enrollment - Approved (Vote 9-2 Trustees Beaver, Loccke; nae) (Enrollment Bureau)
H-15

Miller, Bruce - Lower Township - Appeals the forfeiture of his PFRS salary credit. - Approved

H-16

Seider, Jeffrey - Franklin Township - Appeals denial of Accidental Disability retirement benefits - Approved
H-17

Hayes, Shonda - City of Trenton - Appeals the denial of Accidental Disability retirement benefits - Approved (Trustee Foti abstained)
H-18

Davis, Sharon - Newark City - Appeals the denial of Accidental Disability retirement benefits - Approved

H-19

Hodavance, John - Hillside Township - Appeals denial of Accidental Disability retirement benefits - Reverse previous decision denying delayed manifestation - Approved

H-20

Walsh, Willam - Essex County - Appeals denial of Accidental Disability retirement benefits - Approved

H-21

Valenzuela, Diomedes - Irvington Township - Appeals denial of Accidental Disability retirement benefits and forfeiture - Approved

H-22

Hargrove, Samuel - Burlington County/Payroll Dept. - Appeals denial of Accidental Disability retirement benefits. - Approved

OPEN SESSION

Active Membership Issues

J-1+1

City of Newark - Membership Daniel Cruz - Remand from the OAL for the Board to consider under the Sellers decision - Approved PFRS enrollment subject to DAG opinion regarding majority vote issue. (Vote 5-3-3 Trustees Beaver, Murphy, Loccke; nae; Trustees Brennan, Gordon, Sierchio abstain; DAG Pushko recused)
J-2+

City of Jersey City - Membership Jonathan Guiterrez - Remand from the OAL for the Board to consider under the Sellers decision - Approved PFRS Enrollment (Vote 8-2 Trustees Beaver, Loccke; nae; Trustee Murphy abstained; DAG Pushko recused) (Enrollment Bureau)
J-3

City of Bridgeton - Creditable Salary for the following:
Jeffery Belum; Todd Bowen; Kevin Scarlato; John Schaffer; Robert Strittmatter; Jonathan Trembley - Approved (Internal Audit)

OPEN SESSION

Death Claim Issues

K-1

Walsh, Thomas - Essex County - Request for Survivor Benefits - Denied


OPEN SESSION

Informational Issues

L-1

Appellate Division Decisions James Campbell v. PERS Board - Noted

L-2

State Investment Council Minutes - Noted
L-3
 Wire Transfers - Noted
L-4
 PFRS Mortgage Statements/Memos - Noted
L-5
 Board Member Address List - Noted
L-6
 State Investment Council Minutes for meeting of May 22, 2008 - Noted

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

The next meeting of the Board will be held on August 11, 2008.

 
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