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POLICE AND
FIREMEN'S RETIREMENT SYSTEM
December 8, 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
| Roll Call: |
Fred Beaver; Laurel Brennan; Vince Foti; Wayne Hall; Frank Leake; Richard Loccke; Rich Mikutsky; John Sierchio |
| Absent: |
Sherryl Gordon; Mark Kandrac; Tom Murphy |
| Also
Present: |
DAG Kellie Pushko; DAG Jeff Ignatowitz (via telecom) |
| |
| Division Staff: |
Wendy Jamison; Lisa Pointer; Sharon Palmer; Marylou Mayoros; Virginia Martucci; |
| |
| Members, Counsel, Employers, Consultants: |
| |
James Zarzaca; Vicki W. Beyer, Esq.; Kenneth Gerber; Patrick McKell; Tony LaRocca, Esq.; Christopher Mozitis; Douglas Owen; Timothy R. Smith, Esq.; Martin Starr; William Cicalese; Stuart Alterman, Esq.; Daniel Chernavsky; Kevin Carlin, Esq.; George Wright; Mrs. Wright; Dennis Connelly |
| |
Union Groups, etc: |
| |
George Borek, IAFF; Steve Eckel, FOP |
OPEN SESSION
Minutes
Minutes from the meeting of November 03, 2008 - Approved
OPEN SESSION
Finance
A-1 |
Common Pension Fund B as of August 31, 2008 - Noted |
| A-2 |
Common Pension Fund A as of September 30, 2008 - Noted |
| A-3 |
Common Pension Fund B as of September 30, 2008 - Noted |
| A-4 |
Common Pension Fund E as of June 30, 2008 - Noted |
OPEN SESSION
Miscellaneous
Issues
B-1 |
Election Results - Marty Barrett approved as new Retired Trustee - 4 year term commencing 1/1/09 |
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 |
CLOSED SESSION
Ordinary Disability
. |
MEMBER'S NAME AND NO. |
EMPLOYER |
EFFECTIVE DATE |
DECISION |
D-1 |
Mozitis,Christopher
|
Egg Harbor Twp. |
7/1/2008 |
| A. |
Honorable Service - No Forfeiture |
| |
(Trustee Loccke recused; Trustee Foti abstained) |
| B. |
Denied Ordinary Disability offer Deferred |
| |
(Trustee Loccke recused; Trustee Foti abstained) |
|
D-2+ |
Owen, Douglas
|
Passaic County |
9/1/2006 |
Honorable Service - Total forfeiture of Service and Salary. Does not qualify for Ordinary Disability.
(Trustees Loccke, Foti recused) |
D-3 |
Spigelmyer, Steven
|
Boro of Surf City |
9/1/2008 |
Tabled for further information |
D-4 |
Monthly OD Grid |
. |
12/1/2008 |
Approved (See Below)
(Trustee Loccke recused) |
| D-5 |
Naylor, David
|
Township of Livingston |
. |
Approved reinstatement in the PFRS |
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 December 1, 2008 and earlier.
Member's Name
|
Effective Date |
P/F |
Employer |
Blount, Joseph F Jr |
11/08 |
P |
Department Of Correction |
Emrich, Wendy A |
10/08 |
P |
Juv. Jus. Comm./Medium Sec. Fac |
Gunning, Andrew |
08/08 |
P |
Point Pleasant Beach Borough |
Harrell, Scott D |
01/08 |
P |
Roselle Borough |
Pico, James Joseph |
11/08 |
P |
Sea Girt Borough |
Pilanski, Fred |
06/08 |
P |
State Parole Board |
Yates, Roxanne Shelly |
01/09 |
P |
Burlington County |
Total = 7
CLOSED SESSION
Accidental Disability
. |
MEMBER'S NAME AND NO. |
EMPLOYER |
EFFECTIVE DATE |
ACCIDENT
DATE |
Decision |
E-1+ |
Guadagno,Joseph
|
Albert Wagner Youth Corr. Facility |
8/1/2003 |
10/28/2002 |
Reconsidered and Approved Accidental Disability |
E-2 |
Zarzaca, James
|
Willingboro Twp. |
12/1/2008 |
6/15/2005 |
Approved Accidental Disability
(Vote: 6-2; Trustees Loccke, Foti nae) |
E-3 |
Serrano, Steven
|
Camden City |
11/1/2008 |
9/9/2007 |
Approved Accidental Disability |
E-4 |
Dixon, Kathy
|
Corrections-Adult Diag. & Treatment Ctr. |
4/1/2004 |
9/24/2003 |
Reconsidered and denied Accidental Disability, continue Ordinary Disability. Case remains in OAL |
. |
MEMBER'S NAME AND NO. |
EMPLOYER |
EFFECTIVE DATE |
ACCIDENT
DATE |
Decision |
E-5+ |
Chernavsky, Daniel
|
Holmdel Township |
6/1/2002 |
5/30/1999
1/8/2001 |
Reconsidered and denied Accidental Disability, continue Ordinary Disability. Case remains in OAL
(Trustee Loccke recused; DAG Pushko recused) |
E-6 |
Beltran, Jose
|
City of Newark |
8/1/2008 |
5/10/2007 |
Approved Accidental Disability |
E-7 |
McKell, Patrick
|
South Orange Village |
12/1/2008 |
6/14/2007 |
Approved Accidental Disability
(Trustees Loccke, Foti recused) |
E-8 |
McClendon, David
|
Newark City |
7/1/2008 |
7/5/2007 |
Tabled for personal physician records then to IME for review. |
E-9 |
Zottman, Thomas
|
Albert Wagner Youth Corr. Facility |
1/1/2007 |
3/7/2005 |
Reconsidered and approved Accidental Disability. Withdraw case from OAL |
E-10 |
Crawford, Anthony
|
Hudson County DOC |
8/1/2008 |
1/28/2008 |
Tabled per member’s request to seek attorney advice. |
E-11+ |
Wright, George
|
Monmouth Cty. Bd. Of Chosen Freeholders |
1/1/2009 |
8/24/2007 |
Approved Accidental Disability |
E-12 |
Money, Marlo
|
City of Camden |
7/1/2008 |
12/28/2006 |
Tabled for clarification from IME regarding driving restrictions. |
E-13 |
Henderson, Catina
|
County of Mercer |
4/1/2008 |
10/21/2006 |
Denied Accidental Disability, granted Ordinary Disability |
E-14 |
Kohles, Gordon
|
Hackensack City |
11/1/2008 |
3/24/2004 |
Approved Accidental Disability
(Trustee Foti abstained) |
E-15 |
Zemzicki, Joseph
|
City of Clifton |
12/1/2008 |
12/5/2007 |
Approved Accidental Disability |
E-16 |
Lattanzio, Ronald
|
Camden City |
2/1/2009 |
8/18/2007 |
Denied Accidental Disability, granted Ordinary Disability |
E-17 |
Zughbi, Joseph
|
Passaic County |
12/1/2008 |
7/27/2007 |
Approved Accidental Disability
(Trustees Loccke, Foti recused) |
E-18 |
Cicalese, William
|
City of Camden |
11/1/2008 |
11/21/2004 |
Approved Accidental Disability |
E-19 |
Singleton, Glenn
|
Newark City |
9/1/2008 |
2/6/2008 |
Approved Accidental Disability |
E-20+ |
Starr, Martin
|
Elizabeth City |
1/1/2009 |
9/26/2003 |
Approved Accidental Disability |
|
OPEN SESSION
Retirement
Issues
OPEN SESSION
Hearing
Decisions
G-1 |
Keenan, Dennis - City of Trenton - Initial Decision- The ALJ upheld the Board's decision that Dennis Keenan has to pay the sum of $30,571.43 to the PFRS due to return to employment. The Board voted to adopt the recommendation of the Administrative Law Judge ordering Mr. Keenan to pay the sum of $30,571.43 to the PFRS as payment of pension contributions due to his restoration to active service. |
G-2 |
Ocean County PBA Local 258 Loc. #3-71500 - (Corrections Superior Officers) - Initial Decision
The Board noted the exceptions filed by Stephen Hunter, Esq. The Board voted to adopt the recommendation of the Administrative Law Judge denying the roll-in of clothing allowance into salary for the years 2002 through 2006 as being creditable for pension purposes.
(Vote: 7-1; Trustee Loccke nae) |
G-3 |
Russo, Gregory - Montclair Township - Initial Decision ALJ reversed the Board's decision and granted Accidental Disability retirement benefits. The Board voted to postpone action on this matter to allow DAG Ignatowitz to file exceptions. Since DAG Ignatowitz requested a 30 day extension to file exceptions, this matter will not be presented to the PFRS Board until its meeting on February 9, 2009. |
G-4 |
Tatusko, Rosemarie - Burlington County/Payroll Dept. - Initial Decision - The ALJ reversed the Board's decision and granted Accidental Disability retirement benefits. The Board noted the exceptions filed by DAG Bradus and voted to reject the ALJ’s Initial Decision granting Rosemarie Tatusko’s application for Accidental Disability retirement. The Board directed the Secretary to draw up findings of fact and conclusions of law. |
OPEN SESSION
Hearing
Requests
H-1 |
Cole, George - Hawthorne Borough - Appeals denial of Accidental Disability retirement benefits. - Approved
(Trustee Loccke recused) |
H-2+ |
Gerber, Kenneth - Springfield Twp. (Burlington) - Appeals denial of an increase in salary as creditable in the PFRS for retirement calculation purposes - Vote did not carry. (Vote 4-4; Trustees Beaver, Brennan, Foti, Mikutsky nae) |
H-3 |
Joseph, Barthelmy - Essex County - Appeals denial of Accidental Disability retirement benefits - Approved |
H-4 |
Devega, Herbert - NJ Institute of Technology - Appeals denial of Accidental Disability retirement benefits - Approved |
H-5 |
Bekisz, John - Waterford Township - Appeals the denial of a purchase request - Approved |
H-6 |
Bonifazi, Eric - Mount Laurel Township - Appeals denial of Accidental Disability retirement benefits - Approved |
OPEN SESSION
Active
Membership Issues
OPEN SESSION
Death Claim Issues
OPEN SESSION
Informational
Issues
L-1 |
PFRS Mortgage Statements/Memos - Noted |
L-2 |
Wire Transfers Non-Contributory Group Insurance Policy #14800 Benefit Claims for the month of October 2008. - Noted |
"+" Indicates personal
appearance
"=" Indicates
items not mailed
The next meeting
of the Board will be held on January 9, 2009 |
