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POLICE AND FIREMEN'S RETIREMENT SYSTEM
June 12, 2006
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 2006 annual meeting schedule was mailed to the Secretary of State, Star Ledger and the Trenton Times on November 15, 2005.

OPEN PUBLIC MEETING

The first portion of the meeting is open to the public. The second portion, in conformity with the Open Public Meetings Act, shall be closed to the public based upon the personal matters exception. Those matters are confidential unless expressly waived by the individual involved.



OPEN SESSION


Called to Order: 10:00 a.m.

Adjourned: 3:25 p.m.

Roll Call: Mark Kandrac; John Sierchio; Dennis Connelly; Frank Leake; Vince Foti; Fred Beaver (Arrived at 12:00); Tom Murphy; Rich Mikutsky; Nicole Fava

Absent: Alan Levine; Joseph Boucher

Also Present: DAG Susanne Culliton
     
  Division Staff:  
  Wendy Jamison; Gail Griffin; Virginia Martucci; Sandra Horan; Henry Matwiejewicz; Tim McMullen; Florence Sheppard; Kathy Coates; Mike Spadaro; Jan Vasil; Joe Reilly
     
  Members, Counsel, Employers:
    Charles Uliano, Esq.; Howard Black; Kenneth Wallach, Esq.; Katheryna Iwanenko; Timothy R. Smith, Esq.; Steven Kossup, Esq.; Michael Christy; Karen Christy; Thomas Callahan; Hugh McAleavy; Dominick Lucignano; William Claxton, Esq.; Michael Fosler; Daniel Habeck; Mario Iavicoli, Esq.;James Lynch; Camille Lynch
     
  Consultants, Union Groups, etc.:
    Janet Cranna, Buck Consultants; Anthony Pecchino, PBA; Regina Herz; Colin Maher


OPEN SESSION

Minutes

Minutes from the meeting of May 8, 2006 - Approved
(Motion by Trustee Foti; seconded by Trustee Murphy)


OPEN SESSION

Finance

  (The following items were approved by unanimous vote)
A-1
Trial Balance as of March 31, 2006
A-2
Common Pension Fund A as of March 31, 2006
A-3
Common Pension Fund B as of March 31, 2006
A-4
Common Pension Fund D as of March 31, 2006
A-5
Common Pension Fund A as of April 30, 2006
A-6
Common Pension Fund B as of April 30, 2006
A-7
Trial Balance as of April 30, 2006


OPEN SESSION

Miscellaneous Issues

B-1+
Actuary Valuation Report - Approved (Motion by Trustee Foti; seconded by Trustee Sierchio)
B-2

Discussion on implementation of Board action (IMO Sellers, PERS #2-1248272) - The Board voted to approved reconsideration of its determination of May 8, 2006 which permitted Mr. Sellers to use his former PFRS service to reduce his age for enrollment in PFRS. The Division has requested that the Board reconsider this matter as there is no statutory provision to support their determination. Therefore, this matter will be reconsidered at the Board's meeting of July 10, 2006.
(Motion by Trustee Foti; seconded by Trustee Connelly; Vote: 5:2:2: Trustees Kandrac and Mikutsky: Nae; Trustees Fava and Sierchio abstained)

B-3
Election Results - Approved (Motion by Trustee Mikutsky; seconded by Trustee Foti; Trustee Kandrac recused)


OPEN SESSION

Retirement and Death Lists

(The following items were all approved by unanimous vote)
C-1
Active and Retired Death Lists for May 30, 2006 - Approved
(Motion by Trustee Connelly; seconded by Trustee Sierchio)
C-2
Retirement List - Approved
(Motion by Trustee Foti; seconded by Trustee Sierchio)
C-3
Chapter 104 PFRS - Approved
(Motion by Trustee Mikutsky; seconded by Trustee Leake)
C-4
Return to Employment - Noted


CLOSED SESSION


Ordinary Disability   


Member Name,
Number
Employer
Effective Date
Board's Decision

D-1
Coughlin, William
Boro. Of Avalon 
4/1/2005  
Resubmission with six (6) month re-exam - Approved
(Motion by Trustee Connelly; seconded by Trustee Foti)
D-2
Hernandez, Ernesto
Bergen County 11/1/2005 Approved
(Motion by Trustee Sierchio; seconded by Trustee Connelly)
D-3
Geraud, Erik

Newark Police 11/1/2004 a. Honorable Service - No forfeiture
b. OD - Approved
(Motion by Trustee Foti; seconded by Trustee Sierchio; Trustee Fava recused)
D-4
Rowland, Eric
City of Bayonne  11/1/2005  Involuntary Ordinary Disability
(Chapter 428)
WITHDRAWN FROM AGENDA
Member filed for & is collecting Service Retirement benefits.
D-5
Lamont, Douglas
Kenilworth Boro. 4/1/2006 Involuntary Ordinary Disability
(Chapter 428)
- Approved
(Motion by Trustee Foti; seconded by Trustee Sierchio)
D-6
Kelly, Tyrone 
Passaic County 12/1/2003 Reconsidered and approved member-in-service; tabled issue of forfeiture; withdraw from OAL
(Motion by Trustee Sierchio; seconded by Trustee Connelly)
D-7

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 June 1, 2006 and earlier.

Member's Name

Effective Date

P/F

Employer

Connolly, John

02/06

P

Essex County

Ellis, Frederick T

02/06

P

East Orange City

Faulk, James A Iv

03/06

P

Essex County

Giamella, Michael

08/04

F

Irvington Township

Grande, Anthony

04/06

P

Bloomfield Township

Macminn, Dennis J

01/06

P

Warren Township

Mangin, Joseph Q Jr

12/05

P

Hoboken City

Nusome, Sheilah M

01/06

P

Essex County

Robinson, Cheryl

04/06

P

East Jersey State Prison

Sharif, Erika Morgan

02/06

P

Northern State Prison

Street, Tracy Lynn

06/06

P

Southern State Crrtnl Facility

Wydra, Russell S

04/06

P

Southern State Crrtnl Facility

Total=12

(Motion by Trustee Foti; seconded by Trustee Sierchio)

Accidental Disability


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

E-1
Velazquez, Orlando
 
Newark Police
6/1/2006
7/27/2004
Y
Y
Y
Approved
(Motion by Trustee Connelly; seconded by Trustee Foti: Trustee Fava recused)
E-2
1:40 PM

Lucignano, Dominick
City of Hoboken 
12/1/2005 
2/12/2005
Y
T
Y
Tabled for MRI films for review by IME; granted Interim Ordinary Disability (c. 428 w/letter)
(Motion by Trustee Sierchio; seconded by Trustee Foti)
E-3
Fish, Frank

Camden County Sheriff's Office
Bd. of Chosen Freeholders
4/1/2006 
11/13/2000
Y
Y
Y
Y
Reconsidered andApproved
(Motion by Trustee Connelly; seconded by Trustee Mikutsky)
E-4
Simon, Robert
Surf City Boro.
9/1/2005 
3/5/2004
11/17/2002
12/22/2003
Y
Y
Y
Y
Y
Y
N
N
N
Denied Accidental Disability;
granted Ordinary Disability
(Motion by Trustee Connelly; seconded by Trustee Sierchio)
E-5
12:30 PM
DeJesus, Reinardo
Passaic County 
11/1/2005 
12/5/2003
9/15/2004
Y
Y
Y
N
Y
N
Approved on 12/5/03 incident (c. 428 w/letter)
(Motion by Trustee Sierchio; seconded by Trustee Mikutsky)
E-6
Counts, George
Dept. of Corrections
11/1/2005 
6/11/2002
Y
Y
Y
Approved
(Motion by Trustee Sierchio; seconded by Trustee Leake)
E-7
Servideo, Joseph
 
Bergen County
7/1/2005 
5/27/2004
N
N
N
Reconsidered and reaffirmed; denial; case remains in OAL
(Motion by Trustee Beaver; seconded by Trustee Foti)  
E-8
Lynch, James
 
Essex County
  2/1/2006
7/19/2005  
Y
Y
Y
Approved
(Motion by Trustee Foti; seconded by Trustee Sierchio)
E-9
1:10 PM
Christy, Michael
Newark Police
2/1/2006 
3/11/2005
Y
Y
Y
Approved
(Motion by Trustee Sierchio; seconded by Trustee Foti; Vote: 7:2 Trustees Kandrac and Beaver: Nae)
E-10
Biczis, Thomas
 
 
City of Perth
10/1/2005
10/25/2004 
Y
Y
Y
Approved
(Motion by Trustee Sierchio; seconded by Trustee Foti)
E-11
Amato, Christopher
 
West Milford Twp. 
2/1/2006
1/29/2005  
Y
Y
Y
Approved
(Motion by Trustee Foti; seconded by Trustee Connelly)
E-12
Beauregard, Tamara
City of Camden
Y
Y
N
Reconsidered and approved TP & DR; reaffirmed denial of TE; Denied Accidental Disability; granted Ordinary Disability
(Motion by Trustee Beaver; seconded by Trustee Foti)  
E-13
Leone, Joey
 
Township of West Orange
2/1/2006
10/4/2003
N
N
N
Denied Accidental Disability;
offered Deferred
(Motion by Trustee Leake; seconded by Trustee Foti)
E-14
1:20 PM
Callahan, Thomas
  City of Union
7/1/2005
2/16/2004
T
T
T
Tabled for additional info regarding restraining orders and employment application
(Motion by Trustee Sierchio; seconded by Trustee Foti)
E-15
Arroyo, Vivian
City of Newark 
4/1/2006
2/26/2000
Y
Y
Y
Reconsidered and approved delayed manifestation;
Approved Accidental Disability

(Motion by Trustee Foti; seconded by Trustee Mikutsky; Trustee Fava recused)
E-16
Pisello, Renee
Mountainview Youth Correctional Facility
1/1/2005 
1/28/2004
T
T
T
Tabled to obtain video tape;from Dept. of Corrections for review by IME
(Motion by Trustee Foti; seconded by Trustee Murphy)
E-17
Little, Robert
City of Clifton
7/1/2006
8/12/2005
9/14/2001
(9/14/01 thru 9/15/01)
Y
Y
Y
Approved on 8/12/05 incident
(Motion by Trustee Foti; seconded by Trustee Connelly)
E-18
Zoppie, Frank
City of Newark  
5/1/2006
2/4/2004 
Y
Y
Y
Approved
(Motion by Trustee Sierchio; seconded by Trustee Connelly)
E-19
11:15 AM
Iwanenko, Katheryna
Township of Irvington 
12/1/2005
11/28/2003
Cumulative events since 11/28/03
Y
N
N
Denied Involuntary Accidental Disability; granted Involuntary Ordinary Disability
(Motion by Trustee Foti; seconded by Trustee Fava)
E-20
Habeck, Daniel
 
Bayside State Prison
1/1/2006
1/1/2005
T
T
T
Tabled for additional info.
(Motion by Trustee Sierchio; seconded by Trustee Foti)
E-21
1:50 PM
Fosler, Michael
City of Camden
3/1/2006 
5/20/2005
Y
Y
Y
Approved
(Motion by Trustee Sierchio; seconded by Trustee Mikutsky)
E-22
1:30 PM
McAleavy, Hugh
 
Essex County 
5/1/2005
4/30/2003
10/30/2003
12/3/2003
4/6/2004
4/30/2004
11/30/2004
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Resubmission - Approved
E-23
Reedy, John
Township of Irvington
11/1/2005
6/9/2002
3/6/2003
Y
Y
Y
N
N
N
(ortho)
Denied Accidental Disability; granted Ordinary Disability
(Motion by Trustee Foti; seconded by Trustee Mikutsky)
E-24
Jackson, Verdell
Dept. of Corrections
11/1/2005
10/12/2004 
Y
Y
Y
Approved
(Motion by Trustee Sierchio; seconded by Trustee Foti)
E-25
Perniciaro, Anthony
City of Newark 
8/1/2006
7/26/2003 
Y
Y
Y
Approved
(Motion by Trustee Foti; seconded by Trustee Sierchio)
E-26
Corvelli, William
City of Orange
12/1/2005
11/5/2004 
Y
Y
Y
Approved
(Motion by Trustee Foti; seconded by Trustee Leake)


OPEN SESSION

Retirement Issues

F-1+
Tobia, John - City of Long Branch - Request for dependency retirement benefits during incarceration - Approved
(Motion by Trustee Sierchio; seconded by Trustee Foti)
(Retirement Bureau)


OPEN SESSION

Hearing Decisions

G-1
Green, Joseph - Dept. of Corrections South Woods Prison - Initial Decision with exceptions and reply to exceptions - ALJ upheld the Board's decision to deny Accidental Disability due to no traumatic event - Adopted; noted exceptions
G-2

Burns, Mary - Pennsauken Twp. - Findings of Fact, Conclusions of Law - Approved (Motion by Trustee Foti; seconded by Trustee Sierchio)

G-3
Petrozzino, Ronald - Essex County - Initial Decision - ALJ upheld the Board's decision to deny Accidental Disability due to no traumatic event - Adopted
(Motion by Turstee Foti; seconded by Trustee Mikutsky)
G-4
Bevensee, Glenn - Egg Harbor Twp. - Hearing Withdrawals - Noted
G-5
Dennis, Joseph - City of Clifton - Appellate Division Decisions - Court upheld the Board's decision to deny request for service credit by enrolling him in PFRS on the 13th month of employment under the CETA program using delinquent enrollment calculations. Court also upheld the Board's decision to deny an earlier request date for the purchase of his CETA time - Noted
G-6
McLaughlin, William - Pennsauken Twp. - Initial Decision - ALJ upheld the Board's decision to deny Accidental Disability due to no traumatic event - Adopted
(Motion by Trustee Foti; seconded by Trustee Sierchio)
G-7
Puglisi, Anthony - New Brunswick City - Supreme Court Decisions - The Court upheld the Appellate Division's and Board's decisions in denying creditable compensation on the Captain's salary.   Instead his final compensation is correctly based on the Lieutenant's salary - Noted


OPEN SESSION

Hearing Requests

  (The following items were approved by unanimous vote)
H-1

VanNatta, Debra - Clifton Twp. - Appeals the Board's decision that Ms. VanNatta was not considered to be a member-in-service at the time she filed for Ordinary Disability - Approved

H-2
Benbrook, Daniel - Middletown Twp. - Appeals the Board's decision to deny accidental disability benefits - Approved
H-3
Caprio, Donna - Monmouth County - Denied the request to purchase additional service credit - Denied; Prepare Final Administrative Determination
H-4
Vitiello, Joseph - Ocean County - Denied the request to purchase additional service credit - Denied; Prepare Final Administrative Determination
H-5
Suero, Edras - City of Newark - Appeals the Board's decision to deny accidental disability - Approved
H-6
Hayes, Michael - Northern State Prison - Appeals the Board's decision to deny accidental disability - Approved
H-7
Williams, Carol - City of Newark - Appeals the Board's decision to deny accidental disability - Approved


OPEN SESSION

Active Membership Issues

J-1

Mazzaccaro, David - State Parole Board - Purchase - Denied

J-2
Black, Howard - Medford Township - Request for an opinion on possible re-employment after retirement - No formal action taken; the Board cannot issue advisory opinions.A letter will be prepared outlining the statutory requirements.


OPEN SESSION

Death Claim Issues

K-1
Loatman (deceased), Sharon - Bayside State Prison - Request for payment of full disability life insurance benefits - Tabled in order to allow the submission of proof of disability.
(Motion by Trustee Foti; seconded by Trustee Murphy)


OPEN SESSION

Informational Issues

L-1
Wire Transfers Non-Contributory Group Insurance Policy #14800 Benefits Claims for April 2006 - Noted
L-2
Appellate Division Decisions regarding Michael and Ellen Brown, deceased ex-wife, TPAF - Noted
L-3
PFRS Mortgage Statements/Memos for April 2006 - Noted
L-4
AG's advice on County Fire Marshals - Noted

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

The next meeting of the Board will be held on July 10, 2006.

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Last Updated: May 28, 2010