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POLICE AND
FIREMEN'S RETIREMENT SYSTEM
OCTOBER 6, 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: |
10:02 a.m. |
| Roll Call: |
Fred Beaver; Vince Foti; Wayne Hall; Mark Kandrac; Frank Leake; Rich Mikutsky; Tom Murphy; John Sierchio
|
| Absent: |
Laurel Brennan; Sherryl Gordon; Richard Loccke |
| Also
Present: |
DAG Kellie Pushko |
| |
| Division Staff: |
Wendy Jamison; Lisa Pointer; Sharon Palmer; Marylou Mayoros; Debbie Lane; Micki Billick; Tina Bullock |
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| Members, Counsel Employers, Consultants: |
| |
Carlos Morales; Mrs. Morales; William Claxton, Esq.; Charles Kernor; John Bekisz; Benjamin Vautier; Danny Vautier; Gary Towers; Steven Toutual; John Feeley Esq.; John Bekisz; Vincent Negri; Douglas Owen; Timothy Smith, Esq.; Thomas Cinque; |
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OPEN SESSION
Minutes
Minutes from the meeting of September 08, 2008 - Approved
OPEN SESSION
Finance
A-1 |
Common Pension Fund E as of March 31, 2008 - Noted |
| A-2 |
Common Pension Fund D as of June 30, 2008 - Noted |
| A-3 |
Common Pension Fund A as of July 31, 2008 - Noted |
| A-4 |
Common Pension Fund B as of July 31, 2008 - Noted |
| A-5 |
Common Pension Fund E as of April 30, 2008 - Noted |
OPEN SESSION
Miscellaneous
Issues
OPEN SESSION
Retirement and Death Lists
C-1 |
Active and Retired Death Lists - Approved |
| C-2 |
Active and Retired Death Lists - Approved |
| C-3 |
Retirement List - Approved |
| C-4 |
Return to Employment - Approved |
CLOSED SESSION
Ordinary Disability
. |
MEMBER'S NAME
AND NO. |
EMPLOYER |
EFFECTIVE DATE |
DECISION |
D-1 |
Owens, Douglas
|
County of Passaic |
9/1/2006 |
Tabled until November 3, 2008 Board meeting for attorney representation |
D-2 |
Brown, Richard
|
Passaic County |
6/1/2008 |
Involuntary, c. 428 – Approved
(Trustee Foti abstained) |
D-3 |
Irizarry, Julio
|
Passaic County |
8/1/2008 |
Involuntary, c. 428 – Approved
(Trustee Foti abstained) |
Ordinary Disability 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 October 1, 2008 and earlier.
Member's Name |
Effective Date |
P/F |
Employer |
Adams, Thelaine |
08/08 |
P |
Essex County |
Griffin, John R |
11/08 |
P |
Bergen County |
Smith, Scott J |
01/08 |
P |
Hasbrouck Heights Borough |
CLOSED SESSION
Accidental Disability
. |
MEMBER'S NAME AND NO. |
EMPLOYER |
EFFECTIVE DATE |
ACCIDENT
DATE |
Decision |
E-1 |
Morgan, Diane
|
City of Camden |
9/1/2008 |
9/3/2005 |
Tabled for additional incident reports |
E-2 |
Correia, Mario
|
Newark Police |
8/1/2008 |
10/8/2003 |
Approved Accidental Disability |
E-3 |
Pickering, Thomas
|
East Jersey State Prison |
6/1/2008 |
2/11/2006 |
Approved Accidental Disability |
E-4+ |
Negri, Vincent
|
City of Newark |
4/1/2007 |
9/5/2006 |
Tabled for IME review |
E-5+ |
Morales, Carlos
|
Mercer County |
6/1/2008 |
3/10/2004 |
Tabled pending resolution of administrative charges |
E-6 |
Platt, William
|
Atlantic County |
6/1/2008 |
8/1/2007 |
Approved Accidental Disability |
E-7+ |
Kernor, Charles
|
Town of Dover |
6/1/2008 |
5/27/2007 |
Approved with a one year re-evaluation.
(Trustee Foti recused) |
E-8 |
Emmett, Richard
|
Mount Ephraim Police Dept. |
2/1/2008 |
2/3/2006 |
Approved Accidental Disability |
E-9 |
Devega, Herbert
|
NJ Institute of Technology |
8/1/2008 |
12/18/2007 |
Denied Accidental Disability, withdrawal only |
E-10+ |
Schuler, Thomas
|
Essex County |
10/1/2008 |
11/16/2008 |
Approved Accidental Disability
(Trustee Foti abstained) |
E-11 |
Shucai, Karl
|
Passaic County |
5/1/2008 |
9/17/2005 |
Denied Accidental Disability, withdrawal only |
E-12 |
Billington, Charles
|
South Woods State Prison |
1/1/2008 |
7/20/2007 |
Approved Accidental Disability |
E-13 |
Anstatt, Anthony
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County of Bergen |
5/1/2008 |
11/11/2006 |
Denied Accidental Disability, granted Ordinary Disability |
E-14 |
Joseph, Barthelemy
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Essex County |
1/1/2008 |
9/11/2001
3/17/2006 |
Denied Accidental Disability, Granted Ordinary Disability |
E-15 |
Enman, Charles
|
South Woods Prison |
9/1/2008 |
9/1/2007 |
Tabled to secure MRI report and forward to IME |
E-16 |
Schultice, Tracy
|
JJC Trenton |
2/1/2008 |
1/16/2003
5/13/2005 |
Approved Accidental Disability |
E-17 |
Chubbuck, Chester
|
JJC/Med. Security Facility |
8/1/2008 |
5/30/2007 |
Tabled for new IME |
E-18+ |
Roth, Edward
|
Berkeley Twp.
Municipal |
10/1/2008 |
11/28/2006 |
Approved Accidental Disability |
E-19+ |
Vautier, Benjamin
|
City of Camden |
8/1/2008 |
4/27/2007
7/24/2007 |
Approved Accidental Disability |
E-20 |
Cole, George
|
Hawthorne |
10/1/2008 |
7/6/2006 |
Denied Accidental Disability, offer Deferred Retirement |
E-21 |
Caez, Jessica
|
South Woods Prison |
5/1/2008 |
3/30/2006 |
Approved Accidental Disability |
E-22 |
Waugh, George
|
Berkeley Twp. Municipal Bld. |
5/1/2008 |
12/9/2006 |
Approved Accidental Disability |
E-23+ |
Cinque, Thomas
|
Newark City |
5/1/2008 |
11/19/2006 |
Reconsidered and reaffirmed denial of Accidental Disability, offer Deferred Retirement
(Trustee Foti abstained) |
OPEN SESSION
Retirement
Issues
|
F-1 |
Fisher, Robert - Newark City - Honorable Service - Tabled pending Appellate Division decision |
F-2+ |
Bekisz, John - Waterford Township - Denied request to purchase service credit after retirement |
F-3 |
Ceres, Lawrence - Somers Point City - Approved 10 year repayment schedule with assignment of Group Life Insurance (Retirement Bureau; Beneficiary Services) |
OPEN SESSION
Hearing
Decisions
G-1 |
Christopher, Christine - North Haledon Borough - Hearing Withdrawals - Noted |
G-2 |
Martin, Francisco - Cumberland County - Initial Decision ALJ reversed the Board's decision and granted purchase of Pension credit with Exceptions - Rejected ALJ’s decision noting exceptions and reply to exceptions; Board Secretary will prepare Findings of Fact and Conclusions of Law. |
OPEN SESSION
Hearing
Requests
H-1 |
O'Brien, Richard - Hamilton Township - Motion to reconsider approved; Approved motion to send new medical documentation to the IME; Hearing Request pended for outcome of IME review |
H-2 |
Register, Michael - Garden State Recp & Youth Correction Center - Appeals denial of Accidental Disability retirement benefits - Approved |
H-3 |
Copeland, Harry - Camden County Board Of Chosen Freeholders - Appeals denial of Accidental Disability retirement benefits - Approved |
H-4 |
Mawhinney, Edmund - Atlantic City - Appeals the denial of Creditable Compensation - Approved |
H-5 |
Cook, Michael - Sea Isle City - Appeals denial of Creditable Compensation - 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 July 2008 - Noted |
L-2 |
Update to Actuary report of July 1, 2006 - Noted |
L-3 |
Wire Transfers Non-Contributory Group Insurance Policy #14800 Benefit Claims for the month of August 2008 - Noted |
L-4 |
Proposed 2009 Annual Notice PFRS Board of Trustees Meeting Dates – Noted with changes |
L-5 |
PFRS Mortgage Statements/Memos - Noted |
"+" Indicates personal
appearance
"=" Indicates
items not mailed
The next meeting
of the Board will be held on November 3, 2008.
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