New Jersey Division of Pensions and Benefits

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

Copyright © State of New Jersey, 1996-2006
Division of Pensions and Benefits
PO Box 295
Trenton, NJ 08625-0295

All technical issues regarding this Web site should be sent to the Division of Pensions and Benefits Webmaster. Please do not submit pension or health benefits inquiries to the Webmaster.

Last Updated: October 16, 2007