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16 FAYE BROWN v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM - -- rank: 587

... incapacitated for the performance of duty and should be retired.' N.J.S.A. 43:15A-42; N.J.A.C. 17:2-6.7(a)(2 ...

docket:	a0021-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-24
status:	Unpublished
citation:
Document Size:	23617

17 MIDALIA MARTINEZ v. BOARD OF TRUSTEES, PUBLIC EMPLOYEES' RETIREMENT SYSTEM -- rank: 587

... the performance of [her] regular and assigned duties pursuant to N.J.S.A. 43:15A-42 and relevant case law.' Id. at 2 (alteration in original ... petitioner was not 'totally and permanently disabled.' The ALJ noted N.J.S.A. 43:15A-42 required a petitioner to demonstrate she was 'physically or mentally ... Div. 1980). To qualify for ordinary disability retirement benefits under N.J.S.A. 43:15A-42, a member must demonstrate he or she 'is physically or ...

docket:	a4171-18
court:	NJ Superior Court Appellate Division
decided:	2021-08-03
status:	Unpublished
citation:
Document Size:	12288

18 /usr/local/share/www/libweb/collections/courts/appellate/a2135-19.opn.html -- rank: 587

... the performance of [her] regular and assigned duties pursuant to N.J.S.A. 43:15A-42 and relevant case law.' The notification letter explained that based ... either [o]rdinary or [a]ccidental [d]isability retirement benefits. N.J.S.A. 43:15A-42, 43. Under both statutory schemes, a member must establish a ...

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19 THOMAS SHAPPELL v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM -- rank: 583

... for ordinary disability retirement benefits, effective January 1, 2009. See N.J.S.A. 43:15A-42 (permitting a member of PERS to retire on "ordinary disability ...

docket:	a3210-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-18
status:	unpublished
citation:
Document Size:	15425

20 ARLENE DENNIS, Petitioner- v. BOARD OF TRUSTEES, PUBLIC EMPLOYEES' RETIREMENT SYSTEM -- rank: 573

... grant to her of ordinary disability retirement benefits, pursuant to N.J.S.A. 43:15A-42, but denying accidental disability retirement benefits, pursuant to N.J ...

docket:	a4957-05
court:	njappellate
decided:	2007-07-11
status:	published
citation:	394 N.J. Super. 484
Document Size:	42046

21 MIDALIA MARTINEZ v. BOARD OF TRUSTEES, PUBLIC EMPLOYEES' RETIRMENT SYSTEM - -- rank: 569

... the performance of [her] regular and assigned duties pursuant to N.J.S.A. 43:15A-42 and relevant case law.' Petitioner appealed, and the Board transferred ... that based on the plain language and legislative intent of N.J.S.A. 43:15A-42, the correct standard applicable to petitioner's application was 'physically ... incapacitated' from performing her job duties. The plain text of N.J.S.A. 43:15A-42, clearly supports this standard: A member, under [sixty] years of ...

docket:	a0049-17
court:	NJ Superior Court Appellate Division
decided:	2018-09-05
status:	Unpublished
citation:
Document Size:	25113

22 A.B v. BOARD OF TRUSTEES OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM -- rank: 566

... Board), denying her application for ordinary disability retirement benefits under N.J.S.A. 43:15A-42. We affirm. In February 2000, A.B. began working in ... In order to qualify for ordinary disability retirement benefits under N.J.S.A. 43:15A-42, a member of the PERS must establish by a preponderance ... show that she qualifies for ordinary disability benefits pursuant to N.J.S.A. 43:15A-42. The Board adopted the ALJ's findings of fact, which ...

docket:	a2684-16
court:	NJ Superior Court Appellate Division
decided:	2018-03-01
status:	unpublished
citation:
Document Size:	24433

23 EZZARD WILLIAMS v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 552

... permanently disabled. To qualify for ordinary disability retirement benefits under N.J.S.A. 43:15A-42, a public employee bears the burden of proving permanent and ...

docket:	a1305-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-23
status:
citation:
Document Size:	36487

24 LYNN D. WESLEY v. BOARD OF TRUSTEES OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM -- rank: 552

... N.J. 589, 599 (1965)). PERS provides for both ordinary, N.J.S.A. 43:15A-42, and accidental, N.J.S.A. 43:15A-43, disability ...

docket:	a2854-17
court:	NJ Superior Court Appellate Division
decided:	2019-03-19
status:	Unpublished
citation:
Document Size:	21556

25 MILTON PERKINS v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM - -- rank: 546

... N.J. 182, 194 (2011)).] PERS provides for both ordinary, N.J.S.A. 43:15A-42, and accidental, N.J.S.A. 43:15A-46, disability ...

docket:	a3350-21
court:	NJ Superior Court Appellate Division
decided:	2024-01-10
status:	Unpublished
citation:
Document Size:	20706

26 BARBARA CANNELLA - v. BOARD OF TRUSTEES, THE PUBLIC EMPLOYEES\' RETIREMENT SYSTEM -- rank: 546

... later determined to qualify for ordinary disability retirement benefits under N.J.S.A. 43:15A-42. (continued) (continued) 8 A-4389-07T2 July 23, 2009 Document ...

docket:	a4389-07
court:	superior court appellate division
decided:	2009-07-23
status:	unpublished
citation:
Document Size:	29710

27 TAMARA HORUN v. BOARD OF TRUSTEES, PUBLIC EMPLOYEES' RETIREMENT SYSTEM - -- rank: 539

... Board) denying her application for ordinary disability retirement benefits under N.J.S.A. 43:15A-42. We affirm. In 2012, appellant began working as a charge ... Terminix Int'l, Inc., 109 N.J. 575, 588 (1988). N.J.S.A. 43:15A-42 provides that a Public Employees' Retirement System member is eligible ...

docket:	a4322-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-20
status:	Unpublished
citation:
Document Size:	14190

28 JOHN MIGNONE v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM - -- rank: 539

... incapacitated for the performance of duty and should be retired.' N.J.S.A. 43:15A-42. A member is so incapacitated if he or she is ... to show he qualified for ordinary disability benefits pursuant to N.J.S.A. 43:15A-42. The findings of fact and credibility assessments of the experts ...

docket:	a4019-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-18
status:	Unpublished
citation:
Document Size:	16536

29 /usr/local/share/www/libweb/collections/courts/appellate/a3627-19.opn.html -- rank: 535

... eligible PERS members for both ordinary and accidental disability retirement. N.J.S.A. 43:15A-42, -43. As for accidental disability, PERS members are eligible if ... By comparison, to qualify for ordinary disability retirement benefits under N.J.S.A 43:15A-42, the public employee does not have to prove disability caused ...

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30 RAYMOND GRACE v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM - -- rank: 525

... denying his application for ordinary disability retirement benefits pursuant to N.J.S.A. 43:15A-42. We affirm. I. Grace was employed at the New Jersey ... incapacitated for the performance of duty and should be retired.' N.J.S.A. 43:15A-42. 'The applicant for ordinary disability retirement benefits has the burden ...

docket:	a3334-21
court:	NJ Superior Court Appellate Division
decided:	2023-08-21
status:	Unpublished
citation:
Document Size:	18759