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POLICE AND FIREMEN'S RETIREMENT SYSTEM
March 12, 2007
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 2007 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 15, 2006.

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-none Special Totals


OPEN SESSION


Called to Order: 10:02 a.m.

Adjourned: 2:20 p.m.

Roll Call:

Fred Beaver, Dennis Connelly; Nicole Fava (left at 12:45), Vince Foti, Sherryl Gordon (left at 1:40 p.m.); Mark Kandrac; Frank Leake, Richard Loccke; Rich Mikutsky, Tom Murphy, John Sierchio


Absent: None

Also Present: DAG Christine Lucarelli
   
Division Staff:

Wendy Jamison; Gail Griffin; Virginia Martucci; Marylou Mayoros; Mark Schwedes; Mike Czyzyk; Stephanie Washington; Priscilla Lyons; John Megariotis; Joseph Zisa; Janice Nelson; Florence Sheppard

   
Members, Counsel, Employers, Consultants:
 

Janet Cranna, Buck Consultants; Ryan Carey, Esq.; Christopher D’Ambrosia; Dusty McNichol, Reporter; Alan Farkas; Dina Farkas; James Bartleson; Tina Bartleson; Regina Herz; Christopher Boggs; Steve Olivo, City of Newark; Denzal McClutcher; Marybeth Magos; Louis DeMeo; Steven Kossup, Esq.

Union Groups, etc.:
  Brian Volz, NJEA; Steve Eckel, FOP


OPEN SESSION

Minutes

Minutes from the meeting of January 8, 2007, as written - Approved
(Vote: 6:1: Trustee Loccke: Nae: Trustees Sierchio; Connelly; Foti; Murphy recused)
Minutes from the meeting of February 5, 2007 - Approved


OPEN SESSION

Finance

A-1
Common Pension Fund A as of December 31, 2006 - Approved
A-2
Common Pension Fund B as of December 31, 2006 - Approved
A-3
Common Pension Fund E as of September 30, 2006 - Approved
A-4
Trial Balance as of November 30, 2006 - Approved
A-5
Trial Balance as of December 31, 2006 - Approved
A-6
Common Pension Fund D as of November 30, 2006 - Approved
A-7
Common Pension Fund E as of October 31, 2006 - Approved


OPEN SESSION

Miscellaneous Isssues

B-1+
Actuary Valuation Report from Buck Consultants as of July 1, 2006 - Accepted report as presented
B-2
Chapter 204 PFRS Title Review Borough of Chatham (Non-Civil Service) firefighting position - Approved
(Trustee Beaver abstained: Trustees Foti and Loccke not present) (Enrollment Bureau)


OPEN SESSION

Retirement and Death Lists

C-1= Active and Retired Death Lists - Approved
(Trustees Foti and Loccke not present)
C-2= Retirement List - Approved
C-3= Return to Employment - Approved


CLOSED SESSION

Ordinary Disability   


Member Name,
Number
Employer
Effective Date
Board's Decision

D-1

Cotton, William

East Orange
2/1/2006
Approved Involuntary
Ordinary Disability

D-2
Brett, Bruce

Dept. of Corrections 8/1/2006 Approved Reinstatement from Disability Retirement

D-3
Holman, Gary

City of Newark 9/1/2006 Approved Involuntary
Ordinary Disability

D-4
Farkas, Alan

CEdison Twp. 7/1/2006
A. Honorable Service -
  Partial forfeiture - final year service and salary beginning 6/1/05 - 5/1/06
B. Approved Ordinary Disability
   

D-5

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 March 1, 2007 and earlier.

Member's Name

Effective Date

P/F

Employer

Ashfield, Brad A

06/07

P

Haddon Township 

Garcia, Stephen

12/06

P

Dept Environmental Protection

Garrison, Carl D

02/07

F

Perth Amboy City

Green, Thomas B

01/07

P

Hudson County

Humphreys, Jennifer Lynn

05/07

P

Correct-Bayside State Prison

Kownacki, Edward

02/07

P

Trenton City

Noah, Theodore A

06/07

P

Prospect Park Borough 

Pesce, Samuel J

12/06

P

Essex County

West, Darren

11/06

P

Newark City

(Trustee Loccke recused)
Total = 9

CLOSED SESSION

Accidental Disability


 
Member Name, No.
Employer
Effective
Date
Accident
Date
TP
DR
TE
DM
Board's Decision

E-1

Lopez, Marilyn

City of Newark
12/1/2006
3/23/2005
Y
Y
Y
Y
Reconsidered and approved Accidental Disability from Ordinary Disability
(Trustee Fava recused)   

E-2

Giuliano, Charles

Essex County
5/1/2006
7/20/2004
Y
T
T
Y
Tabled for further clarification from IME

E-3


Araujo, Christian
 
Hudson County
3/1/2007 
4/2/2003
Y
Y
Y
Y
Approved

E-4
Bartleson, James


Middle Township
3/1/2007
10/8/2001

Y
Y
Y
Y
Approved
(Trustee Loccke recused)

E-5
Zottman, Thomas


Dept. of Corrections
1/1/2007 
3/7/2005
N
N
N
Y
Denied Accidental Disability;
Offered Deferred

E-6
Sheppard, Ras

City of Newark
5/1/2005
3/24/1999
5/22/2001
8/18/2003
N
N
N
N
N
N
N
N
N
N
Denied Accidental Disability;
Continue Ordinary Disability based on other medical conditions
(Trustee Fava recused)

E-7
Johnson, James

Dept. of Corrections
8/1/2006
12/05/2005
N
N
N
No
Denied Accidental Disability;
Offered Deferred

E-8
Melon, Glen

East Jersey State Prison
12/1/2006
10/12/2005
Y
Y
Y
Y
Approved
(Vote 6:5: Trustees Kandrac, Mikutsky; Beaver; Fava and Loccke: Nae)

E-9
McClutcher, Denzal

West Orange Twp.
11/1/2006 
7/9/2004
1/18/2006
Y
Y
T
T
T
T
Y
Tabled to seek clarification from IME and from employer; granted interim Ordinary Disability
(Trustee Mikutsky abstained)

E-10
Sankar, Michael

Passaic County
1/1/2007
3/8/2006
Y
Y
Y
Y
Approved
(Trustees Foti and Loccke recused)

E-11
Wilson, Steven

Pemberton Twp.
12/1/2006
11/20/2005 
Y
Y
Y
Y
Approved

E-12
Boggs, Christopher

Winslow Twp.
2/1/2007
2/12/2006
Y
Y
Y
Y
Approved

E-13
Campanella, Gerard

Belleville Twp.
1/1/2007
5/9/2006
Y
Y
Y
Y
Approved
(Trustee Loccke recused)

E-14
Masters, Nicholas

Juvenile Justice Commission
6/1/2006
6/5/2005
Y
Y
N
Y
Denied Accidental Disability; withdrawal only

E-15
Nieves, Samuel

City of Newark
1/1/2006
7/1/2004
Y
Y
Y
Y
Approved Reinstatement from Disability



OPEN SESSION

Hearing Decisions

G-1

Black, Michael - City of Newark - Initial Decision with DAG exceptions and Employer exceptions - ALJ reversed the Board's approval of involuntary ordinary disability and determined that Mr. Black was fit to perform his duties as a police officer for the City of Newark.  ALJ also awarded back pay to Mr. Black for the period of time from his retirement date to the date of reinstatement. - Remand to OAL for petitioner’s testimony and to provide the City of Newark the opportunity to intervene.  Request extension of time to consider the new information. Defer decision of the ALJ.

G-2

Rivera, Daniel - City of Trenton - Initial Decision - ALJ upheld the Board's denial of accidental disability finding no traumatic event - Adopted

G-3

Alvarado, Arlin - City of Newark - Initial Decision with exceptions and reply to exceptions - ALJ reversed the Board's decision and granted accidental disability - Adopted; noted exceptions (Retirement Bureau)

G-4

Gaull, Timothy - Riverfront State Prison - Initial Decision - ALJ upheld the Board's decision in denying accidental disability due to no traumatic event - Adopted

G-5

Fulse, Joseph - Mountainview Youth Correctional Facility - Initial Decision with Exceptions - ALJ upheld the Board's decision to deny accidental disability due to no traumatic event - Adopted; noted exceptions

G-6
Williams, Carol - City of Newark - Hearing Withdrawals - Noted
G-7

Torres, Rosa - City of Newark - Initial Decision - ALJ upheld the Board's decision to deny accidental disability - Adopted

G-8

Scardino, Michael - Essex County - Hearing Withdrawals - Failure to Appear - Noted

G-9

Keenan, Dennis - City of Trenton - Final Administrative Determinations - Approved

G-10

Montanez, Carlos - City of Newark - Initial Decision Dismissal - ALJ dismissed the case for failure to appear at the hearing (Mr. Montanez appealed the Board's decision to deny AD due to No TE) - Adopted




OPEN SESSION

Hearing Requests

H-1
Hughes, Bryan - South Brunswick Township - Appeals the denial of Accidental Disability - Approved
H-2
Ramos, David - City of Newark - Appeals the denial of Accidental Disability - Approved
H-3

Boone, Valenskie - Willingboro Township - Appeals the denial of
Accidental Disability - Approved

H-4

City of Newark - Daniel Cruz appeals the denial of PFRS enrollment due to being over the age
limit - Denied reconsideration; Approved for OAL hearing

H-5

Viggiano, Michael - Department of Corrections -
1.  Appeals the retirement date - Denied 2/00 date; approved 10/1/01 mandatory retirement date
2.  Appeals the denial of accidental disability - Approved
(Trustee Sierchio recused)  (Retirement Bureau)



OPEN SESSION

Death Claim Issues

K-1

Loatman, Sharon - Dept of Corrections – Resubmission - Request to receive death benefits under Ordinary Disability rather than Deferred retirement - Denied

K-2

Magos, Nicholas - Somerset County Prosecutor's Office - Resubmission - Request to change from Chapter 428 to Chapter 104 benefits  - Approved  (Beneficiary Services)



OPEN SESSION

Informational Issues

L-1

Appellate Division Decisions Sharon K. Smith v. PERS - Noted

L-2

Wire Transfers - Noted

L-3=
PFRS Mortgage Statements/Memos for January 2007 - Noted
L-4=
Board Member Address List - Noted

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

The next meeting of the Board will be held on April 9, 2007.

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Last Updated: March 13, 2007