Search Rutgers Law Library N.J. Court Opinions

16 LORRAINE M. HARWELIK v. BOARD OF TRUSTEES TEACHERS' PENSION and ANNUITY FUND - -- rank: 629

... 430 N.J. Super. 362 (App. Div. 2013), we interpreted N.J.S.A. 43:16A-3(5), a similar provision to N.J.S.A. 18A ... subject to expiration after two years of account inactivity. See N.J.S.A. 43:16A-3(3). However, N.J.S.A. 43:16A-3(5) provides an extension under the following circumstances: If a ... PFRS-eligible position. Id. at 368-69. We concluded that N.J.S.A. 43:16A-3(5) was 'confined to only members who lose their public ... a result of the employer's own actions.' Ibid. (quoting N.J.S.A. 43:16A-3(5)). Accordingly, because the plaintiff resigned voluntarily and not as ... he was not discontinued from service within the meaning of N.J.S.A. 43:16A-3(5). Ibid.; see also id. at 376 (acknowledging legislative ...

docket:	a0251-21
court:	NJ Superior Court Appellate Division
decided:	2023-02-13
status:	Unpublished
citation:
Document Size:	27538

17 JOSEPH YAKUP v. DEPARTMENT OF THE TREASURY, DIVISION OF PENSIONS AND BENEFITS- -- rank: 619

... the SPRS and, therefore, this service expired in September 1994. N.J.S.A. 43:16A-3(3).5 As noted above, Chapter 78 became effective on ... were unaware of this. You will get a percentage 5 N.J.S.A. 43:16A-3(3) states that 'if more than [two] years have elapsed ...

docket:	a0637-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-30
status:	Unpublished
citation:
Document Size:	31880

18 WILLIAM G. ERNEY, JR. v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 609

... was unable to do so because he was overage. See N.J.S.A. 43:16A-3 (requiring that applicants for PFRS membership be under age 35 ... of Lawrence is a firefighting unit as set forth in N.J.S.A. 43:16A-3 sets forth the requirements for eligibility for enrollment in the ... primary duties include[d] the control and extinguishment of fires[,] N.J.S.A. 43:16A-3. Petitioner was at fire scenes for reasons other than the ...

docket:	A0094-04
court:	NJ Superior Court Appellate Division
decided:	2006-01-30
status:	unpublished
citation:
Document Size:	79949

19 JOHN BEKISZ v. BOARD OF TRUSTEES POLICE and FIREMEN'S RETIREMENT SYSTEM -- rank: 592

... and apply the credit towards calculation of years served. See N.J.S.A. 43:16A-3.2. However: Only service as a policeman . . . which was rendered ... enroll in the PFRS as a condition of employment. See N.J.S.A. 43:16A-3. A "Policeman" is defined as: a. permanent, full-time employee ...

docket:	a2940-12
court:	NJ Superior Court Appellate Division
decided:	2014-12-09
status:	unpublished
citation:
Document Size:	32170

20 KELLY A. BUSKEY v. BOARD OF TRUSTEES TEACHERS' PENSION AND ANNUITY FUND - -- rank: 555

... 430 N.J. Super. 362 (App. Div. 2013), we interpreted N.J.S.A. 43:16A-3(5), a provision of the Police and Firemen's Retirement ... the plaintiff voluntarily resigned from his job, we concluded that N.J.S.A. 43:16A-3(5) was 'confined to only members who lose their public ... a result of the employer's own actions.' Ibid. (quoting N.J.S.A. 43:16A-3(5)). A-3559-19 8 Accordingly, because the plaintiff resigned ... he was not discontinued from service within the meaning of N.J.S.A. 43:16A-3(5). See ibid. Here, Buskey was not terminated, dismissed, or ...

docket:	a3559-19
court:	NJ Superior Court Appellate Division
decided:	2021-11-22
status:	Unpublished
citation:
Document Size:	18506

21 JOHN CATALANO v. DEPARTMENT OF TREASURY DIVISION OF PENSIONS AND BENEFITS -- rank: 506

... was reversed because of the absence of proof, required by N.J.S.A. 43:16A-3.1, that upon return to employment, Hemsey acted "in an ... thus making him ineligible for enrollment of PFRS pursuant to N.J.S.A. 43:16A-3.1. Hemsey , supra , 198 N.J. at 226-28. Use ...

docket:	a3520-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-08
status:	unpublished
citation:
Document Size:	24170

22 CYNTHIA E. COVIE v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM - -- rank: 486

... App. Div. 2013) (interpreting an analogous provision of the PFRS, N.J.S.A. 43:16A-3(5), to apply only to police and fire members who ...

docket:	a2797-20
court:	NJ Superior Court Appellate Division
decided:	2022-12-13
status:	Unpublished
citation:
Document Size:	22258

23 IN THE MATTER OF JOHN E. WEST -- rank: 469

... are "under 21 or over 35 years of age," and N.J.S.A. 43:16A-3, which precludes enrollment in PFRS for persons over thirty-five ...

docket:	a6738-04
court:	njappellate
decided:	2007-05-31
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	22085

24 GLENN SELLERS v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 464

... Because full-time firefighters must be members of PFRS under N.J.S.A. 43:16A-3 and N.J.A.C. 17:4-2.2, Sellers ... in PFRS and therefore must meet the PFRS age requirement. N.J.S.A. 43:16A-3 (imposing enrollment in PFRS as a condition of employment); N ...

docket:	A1170-06
court:	NJ Superior Court Appellate Division
decided:	2008-03-19
status:	published
citation:
Document Size:	43385

25 L. LOUIS JORDAN et al. v. PETER C. HARVEY -- rank: 343

... prior to the appointment. Id . at 475-76; s ee N.J.S.A. 43:16A-3.1 (permitting continued PFRS membership by a person who is ...

docket:	A0174-04
court:	NJ Superior Court Appellate Division
decided:	2005-11-01
status:	published
citation:	381 N.J. Super. 112 885 A.2d 14
Document Size:	35312

26 L. LOUIS JORDAN et al. v. PETER C. HARVEY -- rank: 343

... prior to the appointment. Id . at 475-76; s ee N.J.S.A. 43:16A-3.1 (permitting continued PFRS membership by a person who is ...

docket:	A0202-04
court:	NJ Superior Court Appellate Division
decided:	2005-11-01
status:	published
citation:
Document Size:	35205