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POLICE AND FIREMEN'S RETIREMENT SYSTEM
October 15, 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: 10:07 a.m.

Adjourned: 2:40 p.m.

Roll Call:

Fred Beaver; Vince Foti; Sherryl Gordon; Mark Kandrac; Frank Leake; Richard Loccke; Tom Murphy; John Sierchio


Absent: Nicole Fava; Richard Mikutsky

Also Present: Christine Lucarelli, DAG
   
Division Staff:

Wendy Jamison; Gail Griffin; Sharon Palmer; Mary Ellen Rathbun; Virginia Martucci; Marylou Mayoros; Mike Czyzyk; Mark Schwedes

   
Members, Counsel, Employers, Consultants:
 

Timothy Smith, Esq.; Anthony Puccino; D. William Subin, Esq.; Joseph Venello; Diana Venello; Halpern, Esq.; Gary Muccigrossi; Gina Muccigrossi; Edward Bickhardt; Karen Bickhardt; Lenin Simicich; Debra Ginsberg, Esq.; Patrick Toscano, Esq.; David Naylor; Louis Serghis; Michael Carneglia; Charles Schlager, Esq.; Thomas Thorn; Steven Addezio, Public Safety Director; Jeffrey Bartone, State Police

Union Groups, etc.:
  Regina Herz; Clifford Rumph, PBA Local 105


OPEN SESSION

Minutes

Minutes from the meeting of September 10, 2007 - Approved


OPEN SESSION

Finance

A-1 Common Pension Fund D as of July 31, 2007 - Approved
A-2 Common Pension Fund A as of August 31, 2007 - Approved
A-3 Common Pension Fund B as of August 31, 2007  - Approved
A-4

Trial Balance as of June 30, 2007 - Approved

A-5 Common Pension Fund E as of January 31, 2007 - Approved
A-6

Common Pension Fund E as of February 28, 2007 - Approved

A-7 Common Pension Fund D as of August 31, 2007 - Approved


OPEN SESSION

Miscellaneous Issues

B-1+

Washington Township - Chapter 204 PFRS Title Review in the matter of Laurence Williams - Coordinator, Internal Affairs - Denied PFRS eligibility
Director, Internal Affairs - Denied PFRS eligibility
(Vote: 5:2:1: Trustees Loccke and Murphy: Nae; Trustee Beaver abstained)

B-2 Mid-election report - Noted receipt
B-3 Resolution regarding closed cases under Richardson - Adopted as Resolution No. 2007- 3


OPEN SESSION

Retirement and Death Lists

C-1

Active and Retired Death Lists

C-2 Retirement List - Approved
C-3 Chapter 104 PFRS - Approved


CLOSED SESSION

Ordinary Disability   


.
Member Name,
Number
Employer
Effective Date
Board's Decision

D-1

Scott, Linda

Bergen County              
11/1/2006
1. Tabled Accidental Disability application on issues of direct result and traumatic event
2. granted interim Ordinary Disability
 (Trustee Loccke recused)

D-2
Napoliello, Gerald
City of Newark 5/1/2007  Approved

D-3
Baker, Robert
Twp. of Irvington 11/1/2006
Resubmission
1. Honorable Service
2. Ordinary Disability
Tabled for attorney to submit medical documentation

D-4
Kirk, Michael

NJ Institute of 8/1/2007 Approved

D-5 Baskett, Milton
City of Newark 6/1/2007 Approved

D-6
Competello, Mark
 
City of Hoboken 9/1/2007 Involuntary Ordinary - Denied;
Offered Deferred

D-7
Condito, Thomas
City of Newark 7/1/2007 Involuntary Ordinary Disability; c. 428
Approved

D-8
Gwinn, Scott
City of Plainfield   Approved reinstatement from Disability Retirement

D-9
Bleistein, Kenneth
Mercer County 4/1/2006 Denied Ordinary Disability; Offer Deferred; rejected settlement agreement; no employee/employer relationship existed at the time of filing

D-10
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 October 1, 2007 and earlier.


Member's Name

Effective Date

P/F

Employer

Allison-Brown, Laniece

05/07

P

Riverfront State Prison

Cunha, Sergio H

06/07

P

Newark City

Digiorgio, Matthew C

09/07

P

Union County

Farrell, Donna

07/07

P

Teaneck Township

Glaser, John Jr

09/07

P

Mantua Township

Hammill, John J

07/07

P

Middlesex County

Martinez, Alexander O

02/07

F

North Hudson Reg Fire & Rescue

Oshea, Martin J

04/07

P

Clifton City

Pattison, Jerry W

10/07

P

Bergen County   Chp. 428

Rodriguez, Raphael

05/07

P

Hudson County 

Smith, Gregory J

07/07

P

Juv. Jus. Comm./Medium Sec. Fac 

Total = 11


CLOSED SESSION

Accidental Disability


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

E-1

Davis, Sharon

City of Newark
7/1/2007
10/1/1994
Y
T
T
Y
Multiple incidents claimed for accident dates from October 1994 - June 2007;
Tabled pending the Supreme Court ruling in similar matters; granted interim Ordinary Disability

E-2

Venello, Joseph

Borough of Penns Grove
5/1/2007
Multiple incidents

Y
T
T
.
Tabled for clarification from the IME; granted interim Ordinary Disability

E-3


Septak, Michael

NJ State Prison
9/1/2007
7/24/2005
Y
Y
Y
Y
Approved

E-4
DeCosmo, Brian


Camden Board of Chosen Freeholders
6/1/2007
4/8/2006

Y
Y
Y
Y
Approved
(Trustees Loccke and Foti recused)

E-5
McGlone, Patrick


Lindenwold Borough
2/1/2007
1/7/2006
.
.
.
.Y
Tabled to allow member to provide add’l medical reports and to be examined by a new IME

E-6
Serghis, Louis
              
Union City
8/1/2007
8/30/1998
1/16/1999
Y
Y
Y
Y
Y
Y
N
N
Denied Accidental Disability; granted Ordinary Disability; no evidence of delayed  manifestation
(Trustee Loccke recused)

E-7
Miller, Stephen

Essex County
7/1/2002
5/25/2000
Y
Y
T
Y
Reconsideration - Tabled pending the Supreme Court ruling in similar matters; continue Ordinary Disability

E-8
Schupak, Evan

Essex County
2/1/2004
8/22/2003
Y
Y
Y
Y
Reconsidered and approved Accidental Disability
(Trustee Foti recused)

E-9
Cueto, Joseph

Newark Police
8/1/2007
9/16/2005
N
N
Y
Y
Denied Accidental Disability; eligible for withdrawal only; direct result was denied based on pre-existing condition

E-10
Snyder, Frank

Essex County
1/1/2007
9/7/2006

Y
T
T
Y
Tabled to await the ruling of the Supreme Court in similar matters; continue Ordinary Disability
 (Trustee Foti abstained)

E-11
Bartholomew, Kevin

Garden State Recp & Youth Corr Ctr  
5/1/2005
12/17/2003
 
Y
Y
N
Y

Reconsidered and reaffirmed total and permanent and direct result; denied traumatic event; event was not identifiable as to time and place; the outcome was not
undesigned or unexpected; and
injury did not occur during the
course of normal duties; continue Ordinary Disabilty


E-12
Muccigrossi, Gary

South Plainfield Borough
3/1/2004
12/1/1993
Y
T
Y
T
Reconsidered and approved traumatic event; tabled direct result and delayed manifestation to have add’l medical documents sent to the IME.

E-13
Taylor, John

 
Dept. of Corrections
4/1/2006
8/11/2003

Y
Y
N
Y
Reconsideration and denied Accidental Disability; outcome ws not undesigned or unexpected; not caused by circumstance external to member; willful negligence; continue Ordinary Disability

E-14
Caggiano, Karen

Essex County
10/1/2003
9/1/1997
Y
T
T
Y
Tabled pending ruling of the Supreme Court in similar matters; continue Ordinary Disability
 (Trustee Foti abstained)

E-15
Delucca, David


Fair Lawn Borough
10/1/2005
6/9/2000
Y
Y
Y
Y
Reconsidered and approved Accidental Disability

E-16
Hargrove, Samuel
Burlington County Payroll Dept. 6/1/2006
11/30/2005
Y
Y
T
Y
Reconsidered; tabled to await ruling of the Supreme Court in similar matters; continue Ordinary Disability
(Trustee Loccke recused)

E-17
Hager, Cody
Mountain View Youth Corr. Fac. 10/1/2003
6/24/1997
9/11/2001
7/10/2003

Y
Y
Y
T
T
T
T
T
T
Y
Reconsidered; tabled pending ruling of the Supreme Court in similar matters; continue Ordinary Disability

E-18
Dimatteo, Jamie
South Woods State Prison 4/1/2007
6/16/2005


Y
Y
Y
Y
Approved

E-19
Cardani, Joseph
County of Atlantic 2/1/2008
2/13/2007
Y
Y
Y
Y
Approved

E-20
Leak, Tyrone
Mountainview Youth Corr. Fac. 12/1/1999
8/25/1996
Y
Y
Y
Y
Reconsidered and approved Accidental Disability

E-21
Luker, James
Township of Pemberton 9/1/2007
4/2/20054
Y
Y
Y
Y
Approved
(Trustee Loccke recused)

E-22
Tashjian, Garo
County of Bergen 9/1/2003
3/20/2001
Y
Y
Y
Y
Denied request not to be re-examined in NJ
(Trustee Loccke recused)

E-23
Hornung, Francis

 
Union Co. Corrections
7/1/2007
11/14/2006

Y
T
T
Y
Tabled pending ruling of the Supreme Court in similar matters; granted interim Ordinary Disability

E-24
Circone, Mario

South Woods State Prison
5/1/2007
3/18/2006
Y
N
N
Y
Denied Accidental Disability; granted Ordinary Disability; direct result denied as member’s disability was due to a pre-existing condition; traumatic event denied as it was not identifialbe as to time and place

E-25
Hayes, Robert


Dept. of Corrections
11/1/2007
11/6/2006
Y
Y
Y
Y
Approved

E-26
Penuel, Scott
Borough of Pitman 6/1/2007
3/30/2005
Y
Y
N
Y
Denied Accidental Disability; granted Ordinary Disability; traumatic event denied as outcome was not undesigned or unexpected

E-27
Carneglia, Michael
City of New Brunswick 6/1/2007
12/2/2003
1/16/2005
N
Y
N
Y
Y
N
Y
Denied Accidental Disability; granted Ordinary Disability; direct result denied due to  pre-existing condition; traumatic event denied as outcome was not undesigned or unexpected
(Vote: 7:1: Trustee Kandrac: Nae)

E-28
Bickhardt, Edward
Dept. of Corrections 6/1/2007
6/7/2006
Y
Y
Y
Y
Reconsidered and approved Accidental Disability

E-29
Naylor, David
Twp. of Livingston 7/1/2007
2/13/2007

Y
T
T
Y
Tabled pending ruling of the Supreme Court in similar matters; granted interim Ordinary Disability

E-30
Kansky, Matthew
City of Englewood 10/1/2007
1/19/2002
N
N
Y
Reconsidered and denied Accidental Disability; offered Service Retirement; direct result was denied due to pre-existing condition

E-31
Bussey, Georgina
Dept. of Corrections 4/1/2007
10/25/1991
8/14/2006
Y
Y
T
T
T
T
N
Tabled pending ruling of the Supreme Court in similar matters; granted interim Ordinary Disability



OPEN SESSION

Retirement Issues

F-1

Pagan, Nelson - Palisades Interstate Park Comm - Creditable Salary - Approved as creditable salary (Vote: 7:1: Trustee Beaver: Nae) (Retirement Bureau)

F-2+ Boswell, Ralph - Newark City - Honorable Service - Postponed per Attorney’s request
F-3+

Simicich, Lenin - Palisades Interstate Park Comm - Creditable Salary - Approved as creditable salary (Vote: 7:1: Trustee Beaver: Nae) (Retirement Bureau)



OPEN SESSION

Hearing Decisions   

G-1

Bunalski, John - Irvington Township - Hearing Withdrawals - Accepted

G-2

Adamsky, Joseph - Hanover Township - Initial Decision with Exceptions and reply
to Exceptions.  ALJ upheld the Board's decision in denying Accidental Disability due to no
traumatic event - Adopted; rejected exceptions as noted in the reply to exceptions



OPEN SESSION

Hearing Requests

H-1

Doran, Anthony - Greenwich Township - Appeals the denial of Accidental Disability - Approved

H-2

Patounas, Anthony - Garden State Youth Corr. Facility - Appeals the denial of Accidental Disability - Approved

H-3+

Whitehead, Kenneth - New Brunswick City -
1. Request to refile amended application - Approved request to refile application
2. OAL hearing request - n/a (Retirement Bureau)

H-4

Estok, Edward - Dept. of Corrections - Appeals the Board's decision
to deny Accidental Disability - Approved

H-5

Dinger, Michael - Clifton City - Appeals denial of Accidental Death Benefits - Approved

H-6

Smith, Linda - Dept. Of Corrections - Appeals denial of Accidental Disability - Approved



OPEN SESSION

Active Membership Issues

J-1

Thorn, Thomas - Medford Township - Membership - Request to transfer from
PERS to PFRS (overage) - Tabled for Chapter 204 title review
(Trustees Loccke and Foti recused)  (Director’s Office)

J-2

Paiz, Brigitte - South Woods Prison Dept. - Resubmission request to re-enroll in the PFRS - Approved
 (Vote: 6:2: Trustees Beaver and Kandrac: Nae)  (Enrollment Bureau and Claims Bureau)




OPEN SESSION

Death Claim Issues

K-1

None



OPEN SESSION

Informational Issues

L-1

Wire Transfers Non-Contributory Group Insurance Policy #14800 for the month of August 2007 - Noted

L-2
Newspaper Articles - Noted
L-3
Certifying Officer Letters Disability Retirement Guidelines - Noted
L-4 PFRS Mortgage Statements/Memos - Noted
L-5 State Investment Council Minutes - Noted
L-6 2008 Meeting Dates - Noted

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

The next meeting of the Board will be held on November 19, 2007

 

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Last Updated: October 16, 2007