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POLICE AND
FIREMEN'S RETIREMENT SYSTEM
November 3, 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 date from November 10, 2008 to November 3, 2008 was mailed on August 21, 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.
OPEN SESSION
| Called
to Order: |
10:04 a.m. |
| Roll Call: |
Fred Beaver; Laurel Brennan (left at 2:00 p.m); Vince Foti; Wayne Hall; Mark Kandrac; Frank Leake; Richard Loccke (left 1:00 p.m returned 2:03 p.m.).; Rich Mikutsky; John Sierchio |
| Absent: |
Sherryl Gordon; Tom Murphy |
| Also
Present: |
DAG Kellie Pushko |
| |
| Division Staff: |
Wendy Jamison; Lisa Pointer; Sharon Palmer; Marylou Mayoros; Debbie Lane; Janice Nelson, Mary Ellen Rathbun; Mike Czyzyk; Mark Schwedes; Carmela Joseph |
| |
| Members, Counsel Employers, Consultants: |
| |
James Yates; Jerry Keelen, HMFA; Ronald Ricci, Esq.; Stuart Alterman, Esq.; Charles Schaler, Jr. Esq.; Chief Thomas DePaul; Mark Rushfield, Esq.; Craig S. Gumpel, Esq.; William Lavin, FMBA President; Janeth Murillo; Mark Bryant; Rolando Hernandez; Carlos Morales; Mrs. Morales; Sean Hackney; Mark Bryant; Matthew Webb, William Clark, Director, Division of Investment; James Yates; James Hall, HMFA; Douglas Owen; John Johnston, Esq.; Nestor Guzman, Esq.; Frederick Kramer; Craig Hubert, Esq.; Christine Zerby; Jeff Smith; Louis Hall; Vincent Collilh; Daniel Cano; Mike Mason; Craig Hubert; Stefanie Maloney; |
| |
Union Groups, etc: |
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George Borek, IAFF |
OPEN SESSION
Minutes
Minutes from the meeting of October 06, 2008 – Approved (Trustees Brennan and Loccke recused)
OPEN SESSION
Finance
A-1 |
Common Pension Fund A as of August 31, 2008 - Noted |
| A-2 |
Common Pension Fund E as of May 31, 2008 - Noted |
| A-3 |
Common Pension Fund D as of July 31, 2008 - Noted |
OPEN SESSION
Miscellaneous
Issues
| B-1+ |
Presentation by Bill Clark, Director - Division of Investment - Noted |
| B-2+ |
#3-49700 - West Windsor Township - Chapter 204 PFRS Title Review Director of Emergency
Services - Denied
(Vote: 7-0-2) (Trustees Beaver and Kandrac abstained) |
| B-3+ |
NJ Housing and Mortgage Finance Agency - Presentation by Jerry Keelen, Director of Single
Family Programs, NJ Housing and Mortgage Finance Agency - Noted |
| B-4 |
Administrative Code for Final Adoption NJAC 17:4-2.1, 2.2, 2.4, 2.6 and 5.3 - Approved (Trustee Loccke nae) |
OPEN SESSION
Retirement and Death Lists
C-1 |
Retirement List - Approved |
CLOSED SESSION
Ordinary Disability
. |
MEMBER'S NAME AND NO. |
EMPLOYER |
EFFECTIVE DATE |
DECISION |
D-1 |
Testa, Frank
|
Newark City |
11/1/2007 |
Tabled |
D-2+ |
Owen, Douglas
|
Passaic County |
9/1/2006 |
Tabled
(Trustee Loccke recused; Trustee Foti abstained) |
D-3 |
Monthly OD Grid |
. |
. |
Approved - See Below |
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 November 1, 2008 and earlier.
Member's Name |
Effective Date |
P/F |
Employer |
Daly, Francis Sr |
12/08 |
P |
Juv.Jus.Comm./NJ Train Sc |
Guy, Winston F |
09/08 |
P |
Union County |
Haines, Thomas E |
07/08 |
P |
Ocean County |
Johnston, Dennis E |
07/08 |
P |
Palisades Interstate Park Comm |
Knowlton, Lisa |
03/08 |
P |
Morris County |
Linkchorst, Allen E |
01/09 |
P |
Mercer County |
Love, Melvin |
08/08 |
P |
Midstate Correctional Facility Chp 428 |
Sosa, Herminia |
01/09 |
P |
Dept Of Corrections |
Willis, William E |
09/08 |
P |
Southern State Crrtnl Facility |
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CLOSED SESSION
Accidental Disability
.. |
MEMBER'S NAME AND NO. |
EMPLOYER |
EFFECTIVE DATE |
ACCIDENT
DATE |
Decision |
E-1 |
Melani, John
|
Newark City |
7/1/2008 |
4/19/2007 |
Approved Accidental Disability |
E-2 |
Aguiar, Carlos
|
Union City PD |
11/1/2008 |
9/19/2007 |
Approved Accidental Disability
(Trustee Loccke recused) |
E-3 |
Taylor, Larry
|
Atlantic City |
8/1/2008 |
6/26/2007 |
Approved Accidental Disability |
E-4+ |
Murillo, Janeth
|
Newark Police |
6/1/2008 |
12/5/2007 |
Approved Accidental Disability |
E-5+ |
Hernandez, Rolando
|
Newark City |
5/1/2008 |
8/28/2006 |
Approved Accidental Disability Vote 7-1(Trustee Beaver nae) |
E-6 |
Gonzalez, Doris
|
Newark City |
4/1/2008 |
10/26/2002 |
Denied Accidental Disability, offer Deferred |
E-7 |
Hannum, Kevin
|
National Park Borough |
1/1/2008 |
3/23/2004 |
Approved Accidental Disability |
E-8 |
Berry, Christopher
|
Twp. Of Woodbridge |
10/1/2008 |
4/15/2007 |
Approved Accidental Disability
(Trustee Loccke recused) |
E-9 |
Greene, Lori
|
East Jersey State Prison |
5/1/2000 |
. |
Reconsidered and Denied Accidental Disability, continue collecting Ordinary Disability |
E-10 |
Bonifazi, Eric
|
Mount Laurel Township |
9/1/2008 |
9/1/2005
7/15/2007 |
Denied Accidental Disability; granted Ordinary Disability |
E-11 |
Mateo, Gabriel
|
Camden City |
11/1/2008 |
1/7/2008 |
Approved Accidental Disability |
E-12 |
Gwaltney, Deidre
|
DOC Vroom Jones Farm |
7/1/2008 |
3/8/2007 |
Denied Accidental Disability; granted Ordinary Disability, Chapter 428 |
E-13 |
Michinski-Mortimer, Jennifer
|
County of Burlington |
6/1/2008 |
6/2/2007 |
Denied Accidental Disability, withdrawal only Vote 6-0-2
(Trustees Loccke recused; Trustee Foti abstained) |
E-14+ |
Morales, Carlos
|
Mercer County |
6/1/2008 |
3/10/2004 |
Partial forfeiture 14% reduction; Approved Accidental Disability |
E-15 |
Hamwright, David
|
City of Camden |
8/1/2008 |
12/5/2004 |
Denied Accidental Disability; granted Ordinary Disability |
E-16 |
Huber, Paul
|
Beachwood Borough |
10/1/2008 |
4/28/2005 |
Approved Accidental Disability |
E-17+ |
Negri, Vincent
|
Newark City |
4/1/2007 |
9/5/2006 |
Approved Accidental Disability Vote 7-1
(Trustee Loccke nae) |
E-18 |
Coviello, Richard
|
Passaic County |
5/1/2008 |
10/1/2007 |
Tabled; granted Ordinary Disability
(Trustees Foti; Loccke recused) |
| E-19 |
Walder, Lorna
|
Env. Protection |
11/1/2007 |
4/1/2006 |
Reconsidered and Denied Accidental Disability, continue collecting Ordinary Disability. Approved Hearing Request - Case to OAL |
| E-20 |
Enman, Charles
|
South Woods Prison |
9/1/2007 |
9/1/2007 |
Approved Accidental Disability |
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OPEN SESSION
Retirement
Issues
|
F-1+ |
Hackney, Sean - Galloway Township - Creditable Compensation - Tabled per attorney’s request |
F-2+ |
Bryant, Mark - East Orange City -
A.) Honorable Service - No forfeiture
B.) Service - Approved effective July 1, 2008 (Retirement Bureau) |
F-3+ |
Kramer, Frederick - Bayside State Prison - Determination on
whether to suspend retirement benefits (charges pending) - Tabled - Continue to collect retirement allowance while the case is being investigated for honorable service |
OPEN SESSION
Hearing
Decisions
G-1 |
Baltuskonis, Andrew - Cape May County - Hearing Withdrawals - Noted |
G-2 |
Vallianos, Allysen - State Parole Board - Hearing Withdrawals - Noted |
G-3 |
Tupper, Kevin - South Woods Prison Dept. of Corrections - Hearing Withdrawals - Noted |
G-4 |
Martin, Francisco - Cumberland County - Findings of Fact, Conclusions of Law - Approved |
G-5 |
Manzi, Marco - Paterson City - Hearing Withdrawals - Noted |
G-6 |
Naylor, David - Livingston Twp. - Hearing Withdrawals - Noted |
OPEN SESSION
Hearing
Requests
H-1 |
Pulidore, Donald - Union County - Appeals denial of Accidental Disability retirement benefits - Approved |
H-2 |
Elco, Peter - Pleasantville City - Appeals the denial of Accidental Disability retirement benefits - Approved |
H-3 |
Feltri, Sean - Ocean County - Employer appeals the approval of Ordinary Disability retirement for Sean Feltri – Approved (Trustee Loccke recused) |
H-4 |
Feltri, Sean - Ocean County - Member appeals the partial forfeiture of salary and service credit - Approved (Trustee Loccke recused) |
H-5 |
Tiernan, James - Juv.Jus.Comm./NJ Train SC - Appeals denial of Accidental Disability retirement benefits - Approved |
H-6 |
Reynolds, Melody - NJ Transit Corporation - Appeals the denial of Accidental Disability retirement benefits - Denied reconsideration and approved OAL hearing |
H-7 |
Cinque, Thomas - Newark City - Appeals the denial of Accidental Disability retirement benefits - Approved |
H-8 |
Shucai, Karl - Passaic County - Appeals the denial of Accidental Disability retirement benefits - Approved (Trustee Foti abstained) |
H-9 |
Shaw, Perry - Albert C. Wagner Youth Corr. - Appeals the denial of Accidental Disability retirement benefits - Approved |
OPEN SESSION
Active
Membership Issues
J-1+ |
Webb, Matthew - Borough of Wildwood Crest - Request to enroll in PFRS - Approved transfer of membership from PERS to PFRS (Enrollment Bureau) |
J-2+ |
City of Paterson - #3-30701 - Creditable Compensation PBA Local No.1 - Grandfathered longevity provisions until July 31, 2008.
(Trustee Loccke recused) (Retirement Bureau/Audit Section) |
J-3+ |
City of Paterson - #3-30701 - Creditable Compensation PBA-SOA Local No.1 - Grandfathered longevity provisions until July 31, 2008.
(Trustee Loccke recused) (Retirement Bureau/Audit Section) |
J-4+ |
City of Paterson - #3-30701 - Implementation Date for Retirees (Previous Creditable Comp Denial) - Reconsidered and grandfathered longevity provisions thru November 3, 2008
(Retirement Bureau/Audit Section) |
J-5+ |
City of Paterson - #3-30701 - Implementation Date for Retirees (Previous Creditable Comp Denial) - Reconsidered and grandfathered longevity provisions thru November 3, 2008
(Retirement Bureau/Audi Section) |
J-6+ |
City of Paterson - #3-30701 - Implementation Date for Retirees (Previous Creditable Comp. Denial) - Reconsidered and grandfathered longevity provisions thru November 3, 2008.
(Retirement Bureau/Audit Section) |
OPEN SESSION
Death Claim Issues
K-1 |
Raji, Thomas - Perth Amboy City - Accidental Death - Approved (Beneficiary Services)
|
K-2+ |
Zerby, Christopher - North Brunswick Township - Accidental Death - Approved (Vote: 5-2-1) (Trustees Beaver, Kandrac nae; Trustee Leake recused) (Beneficiary Services) |
K-3 |
Santucci, Kenneth - Belleville Township - Accidental Death - Approved (Trustee Loccke recused) (Beneficiary Services) |
OPEN SESSION
Informational
Issues
L-1 |
Final 2009 Annual Notice Police And Firemen's Retirement System Board of Trustees Meeting Dates. - Noted |
L-2 |
Wire Transfers Non-Contributory Group Insurance Policy #14800 Benefit Claims for the month of September 2008. - Noted |
L-3 |
State Investment Council Minutes - Noted |
"+" Indicates personal
appearance
"=" Indicates
items not mailed
The next meeting
of the Board will be held on December 8, 2008.
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