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POLICE AND
FIREMEN'S RETIREMENT SYSTEM
AUGUST 11, 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: |
10:00 a.m. |
| Roll Call: |
Vince Foti; Sherryl Gordon (left at 2:40); Wayne Hall; Mark Kandrac; Frank Leake; John Sierchio; Richard Loccke; Rich Mikutsky; Tom Murphy, Janice Nelson (Treasurer’s Representative) |
| Also
Present: |
DAG Kellie Pushko |
| |
| Division Staff: |
Wendy Jamison; Jackie Bussanich; Mary Lou Mayoros; Virginia Martucci; Florence Sheppard; John Megariotis; Sharon Palmer; Hank Schwedes; Mark Schwedes |
| |
| Members, Counsel Employers, Consultants: |
| |
Janet Cranna, Buck Consultants; Sean Feltri; Carlos Morales; Stuart Alterman, Esq.; Kevin Tupper; Maria Go, Esq.; William Braker; Brian Giblin, Esq.; Ed Mawhinney; Victor Francesco; Michael Cook; Stephen Miller; June Miller; Fred Klein; Esq.; Karama Thomas; Daniel Cruz; Craig Gumpel, Esq.; Robert Appel; Paul Kleinbaum; Esq.; Kenneth Gerber; Mark Molz, Esq.; Briane Washington; John Feeley, Esq.; Antonio Rendeiro |
| |
Union Groups, etc: |
| |
George Borek |
OPEN SESSION
Minutes
Minutes from the meeting of July 14, 2008 - Approved
OPEN SESSION
Finance
A-1 |
Common Pension Fund E as of January 31, 2008 - Noted |
OPEN SESSION
Miscellaneous
Issues
| B-1+ |
Actuary 3 year Experience Report - Accepted with recommended changes to assumptions by actuary; Approved release to the public |
OPEN SESSION
Retirement and Death Lists
C-1 |
Active and Retired Death Lists - Approved |
| C-2= |
Retirement List - Approved |
CLOSED SESSION
Ordinary Disability
. |
MEMBER'S NAME AND NO. |
EMPLOYER |
EFFECTIVE DATE |
DECISION |
D-1+ |
Feltri, Sean
|
Ocean County |
9/1/05 |
a) Honorable Service - Partial forfeiture of service and salary. Reduce to four years of service. (Trustee Loccke recused)
b) Approved Ordinary Disability (Trustee Loccke recused) |
D-2 |
Monthly OD Grid |
. |
. |
Approved (see below) |
MONTHLY ORDINARY DISABILITY GRID
|
Member’s Name |
Effective Date |
P/F |
Employer |
Cotton, Sakinah |
7/07 |
P |
City of Newark |
Francis, Joseph |
7/07 |
P |
Mountainview Correctional |
Grehl, Jennifer |
9/08 |
P |
Adult Diagnostic & Treatment Facility |
Marion, John |
4/08 |
P |
Waldwick Borough |
Marshello, Patrick** |
3/08 |
P |
Lincoln Park Borough |
Owen, Sean |
3/08 |
P |
Warren County |
Salmon, Christopher |
1/08 |
P |
Florham Park Borough |
Witheridge, Janice** |
8/08 |
P |
Rahway City |
| ** Indicates approval for Chapter 428 benefits |
Total = 8 |
CLOSED SESSION
Accidental Disability
. |
MEMBER'S NAME AND NO. |
EMPLOYER |
EFFECTIVE DATE |
ACCIDENT
DATE |
Decision |
E-1+ |
Washington, Briane
|
Essex County |
3/06 |
2/21/05 |
Reconsidered and denied Accidental Disability; Continue Ordinary; Continue in OAL (Trustee Loccke recused) |
E-2+ |
Rendeiro, Antonio
|
Newark City |
6/08 |
2/15/08 |
a) Honorable Service - No forfeiture
b) Approved Accidental Disability |
E-3+ |
Morales, Carlos
|
Mercer County |
6/08 |
3/10/04 |
Tabled for final disposition of charges before review by the PFRS Board |
E-4 |
Hackney, Sean
|
Galloway Twp. |
10/08 |
10/16/05 |
Approved Accidental Disability (Trustee Foti abstained) |
E-5 |
Ratchford, Philip |
River Vale Twp. |
8/08 |
4/10/07 |
Approved Accidental Disability w/ 2 year re-exam |
E-6 |
Billington, Charles
|
South Woods State Prison |
1/08 |
7/20/07 |
Tabled for clarification from the IME |
E-7 |
Register, Michael
|
Garden State Recp & Youth
Correction Fac. |
9/07 |
11/16/06 |
Denied Accidental Disability; Offer Service retirement |
E-8+ |
Baird, Steven
|
Morris County |
3/08 |
3/31/07 |
Approved Accidental Disability |
E-9 |
Floyd, Andrew
|
Union County |
12/07 |
9/25/06 |
Approved Accidental Disability |
E-10+ |
Jones, John
|
Mercer County |
4/08 |
10/1/05 |
Approved Accidental Disability |
E-11 |
Viggiano, Michael
|
Adult Diagnostic & Treatment Ctr |
10/01 |
6/5/99
To
2/2/00
(ongoing) |
Resubmission of OAL case
a) Request to amend retirement date from 10/01 to 2/3/00 - Denied
b) Reconsidered and denied Accidental Disability; Continue Ordinary Disability; Continue in OAL.
(Trustee Sierchio and DAG Pushko recused) |
. |
MEMBER'S NAME AND NO. |
EMPLOYER |
EFFECTIVE DATE |
ACCIDENT
DATE |
Decision |
E-12+ |
Tupper, Kevin
|
South Woods |
8/05 |
9/19/01 |
Reconsidered and denied Accidental Disability; Granted Ordinary Disability;
Continue in OAL |
E-13+ |
Canfora, Anthony
|
Essex County |
10/07 |
6/25/06 |
Approved Accidental Disability |
E-14 |
Springer, Nicole
|
Bridgewater Twp |
8/08 |
6/9/04 |
Approved Accidental Disability |
E-15+ |
Copeland, Harry
|
Camden County |
6/08 |
10/23/07 |
Denied Accidental Disability; offer Deferred retirement |
E-16 |
Winchester, Tuemovya |
South Woods |
8/08 |
11/22/06 |
Approved Accidental Disability |
E-17 |
Martinez, Alexander
|
North Hudson Regional |
2/07 |
9/11/01 |
Denied Accidental Disability, Continue collecting Ordinary Disability |
E-18 |
Dixon, Kathy
|
Adult Diagnostic |
4/04 |
9/24/03 |
Tabled for DAG to provide a copy of the deposition transcript and then refer member to a new IME |
OPEN SESSION
Retirement
Issues
|
F-1+ |
Braker, William - Jersey City - Honorable Service – Partial forfeiture of service and salary. Reduce to 25 years of service on a prospective basis (eff. March 1, 2008) and reinstate pension effective with the March 2008 check. Overpayment for incarceration period (Feb. 2005 to January 2008); Member will collect balance after overpayment satisfied (Retirement Bureau) |
F-2 |
DelValle, Mariano - Lakewood Twp. - Request for Retroactive Retirement Date - Tabled per member’s request (Trustee Loccke recused) |
F-3+ |
Mawhinney, Edmund - Atlantic City - Creditable Salary - Denied; Investigate Atlantic City’s reporting of contributions (Retirement Bureau) |
F-4+ |
Gerber, Kenneth - Springfield Township - Creditable Salary - Denied |
F-5+ |
Cook, Michael - Sea Isle City - Creditable Salary - Denied, but refer
to the Retirement Bureau to process retroactive adjustment of the captains salary (Retirement Bureau) |
F-6 |
Hanke, Ronald - City of Paterson - Request to change from Involuntary Ordinary Disability to Accidental Disability - Approved (Retirement Bureau) |
OPEN SESSION
Hearing
Decisions
G-1+ |
City of Jersey City - Initial Decision - Exceptions - ALJ upholds the Board's decision denying the right to purchase for the members listed below - Adopted the ALJ’s decision denying the request to purchase; Noted the exceptions (Vote: 6-4; Trustees Foti, Hall, Loccke, Murphy; nae)
Wilfredo Rodriguez Joseph Carter, Jr.
Christian Fink Harry Kawoczka |
G-2 |
Benbrook, Daniel - Middletown Twp. - Findings of Fact, Conclusions of Law - Approved |
G-3 |
Vandertulip, William - Ridgefield Park Village - Initial Decision - ALJ reversed the Board's decision denying Accidental Disability retirement benefits - Adopted the ALJ’s decision granting Accidental Disability effective March 1, 2004; Noted the exceptions and reply to exceptions.(Retirement Bureau) |
G-4 |
Cervino, Michael - Jersey City - Hearing Withdrawal - Noted |
OPEN SESSION
Hearing
Requests
H-1 |
DelValle, Mariano - Lakewood Twp. - Appeals the denial of Accidental Disability retirement benefits & retroactive retirement date - Tabled per member’s request (Trustee Loccke recused) |
H-2+ |
Caminiti, Frank - Essex County - Appeals the denial of Accidental Disability retirement benefits - Approved (Trustee Loccke recused) |
H-3+ |
Corbacho, Juan - City of Newark - Appeals the denial of Accidental Disability retirement benefits - Approved |
H-4 |
Thorn, Thomas - Medford Twp. - Appeals the denial of participation for enrollment in the PFRS - Denied reconsideration; Denied OAL hearing (filed beyond 45 days) (Trustee Loccke recused) |
H-5 |
Goode, Brian - Keansburg Borough - Appeals the Board's denial of the widow's benefit and group life insurance benefits - Approved |
H-6+ |
Miller, Stephen - Essex County - Appeals the denial of Accidental Disability retirement benefits - Approved |
H-7 |
Caggiano, Karen - Essex County - Appeals the denial of Accidental Disability retirement benefits - Approved |
H-8 |
Bell, Stephen - Pleasantville City - Appeals denial of Accidental Disability retirement benefits - Approved |
H-9 |
Hager, Cody - Mountainview Youth Correctional - Appeals the Board's denial of Accidental Disability retirement benefits - Approved |
H-10 |
Bussey, Georgina - DOC - Appeals the denial of Accidental Disability retirement benefits - Approved |
H-11+ |
Thomas, Karama - City of Newark - Appeals the denial of Accidental Disability retirement benefits - Approved |
H-12 |
Marrero, Wilfredo - Midstate Correctional - Appeals the Board's denial of Accidental Disability retirement - Approved |
OPEN SESSION
Active
Membership Issues
J-11 |
Kenniff, Kevin - Cherry Hill Fire Dist. #13 - Purchase - Denied |
J-2+ |
City of Newark - Daniel Cruz - Request for PFRS membership - Motion from July 14, 2008 carried and the action taken is valid. Approved enrollment in the PFRS (Enrollment Bureau) |
J-3+ |
Borough of Parsippany - Robert Appel's request to enroll in the PFRS - Approved (Enrollment Bureau) (Trustee Nelson abstained; Trustee Loccke recused) |
OPEN SESSION
Death Claim Issues
OPEN SESSION
Informational
Issues
L-1 |
Appellate Division Decision - Thomas J. O'Reilly v. PERS Board - Noted |
L-2 |
Appellate Division Decision - A. Peter DeMarco v. PERS Board - Noted |
L-3 |
List of Motions for Agenda Items - Noted |
L-4 |
Wire Transfers - Noted |
L-5 |
State Investment Council Minutes - Noted |
L-6 |
PFRS Mortgage Statements/Memos - Noted |
"+" Indicates personal
appearance
"=" Indicates
items not mailed
The next meeting
of the Board will be held on September 8, 2008.
Note: The meeting of November 10, 2008 is changed to November 3, 3008.
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