Search Rutgers Law Library N.J. Court Opinions

1 State v. Bennie Anderson -- rank: 1000

... compel the total forfeiture of defendant’s pension pursuant to N.J.S.A. 43:1-3.1. The trial court entered summary judgment for the State ... 288 (2020). HELD: The forfeiture of defendant’s pension under N.J.S.A. 43:1-3.1 does not constitute a fine for purposes of an ... 78. (pp. 17-18) 3. In 2007, the Legislature added N.J.S.A. 43:1-3.1 -- the statute pursuant to which the State seeks forfeiture of defendant’s pension. N.J.S.A. 43:1-3.1(a) provides that a public employee “who is ... of the pension or retirement benefit earned.” (emphasis added). N.J.S.A. 43:1-3.1 was in effect in 2012 when defendant’s offense occurred. Also in effect at that time was N.J.S.A. 43:1-3(a), which provides that “[t]he receipt of ...

docket:	a-15-16-20
court:	NJ Supreme Court
decided:	2021-08-11
status:
citation:
Document Size:	80979

2 STATE OF NEW JERSEY v. DAVID ORTMANN -- rank: 875

... THE COURT ERRED IN DENYING APPELLANT AN[] EVIDENTIARY HEARING AS N.J.S.A. 43:1- 3.1 IS UNCONSTITUTIONAL AS APPELLANT HAS BEEN DENIED HIS STATE CONSTITUTIONAL DUE PROCESS RIGHTS. A-1530-18T2 2 A. N.J.S.A. 43:1-3.1 DEPRIVES APPELLANT OF HIS PROCEDURAL DUE PROCESS RIGHTS. B ... III ASSUMING ARGUENDO THAT THE COURT DOES NOT FIND THAT N.J.S.A. 43:1-3.1 […] VIOLATE[D] OFFICER ORTMANN'S DUE PROCESS RIGHT ... constituted a crime substantially similar to the crimes enumerated under N.J.S.A. 43:1-3.1(b) which required the complete forfeiture of all benefits ... arguments and specifically concluded that the Legislature's enactment of N.J.S.A. 43:1-3.1 did not violate the separation of powers doctrine and ... no facts in dispute' regarding whether Ortmann's crime violated N.J.S.A. 43:1-3.1. With respect to Ortmann's equal protection claim, ...

docket:	a1530-18
court:	NJ Superior Court Appellate Division
decided:	2020-04-08
status:	Unpublished
citation:
Document Size:	33270

3 JOSEPH VAS v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM OF NEW JERSEY - -- rank: 820

... and Benefits (Division) deeming Vas forfeited his pension benefits under N.J.S.A. 43:1-3.1 after pleading guilty to criminal charges related to his ... which Vas pleaded guilty occurred after the effective date of N.J.S.A. 43:1-3.1,1 the statute governing forfeiture of pension benefits for ... 21, 2019, the Board conducted an honorable service review under N.J.S.A. 43:1-3 to determine whether Vas forfeited his pension service credits. Based on Vas's convictions for crimes enumerated under N.J.S.A. 43:1- 3.1, including a pattern of official misconduct and money laundering ... 53 (2021). In Anderson, the Court reviewed the validity of N.J.S.A. 43:1-3.1. That statute provides: A person who holds or has ... position, or employment, elective or appointive, under 1 As amended, N.J.S.A. 43:1-3.1 became effective on April 14, 2007. A-2848- ...

docket:	a2848-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-26
status:	Unpublished
citation:
Document Size:	21543

4 STATE OF NEW JERSEY v. PHILIP D. ZACCHE -- rank: 804

... compelling the forfeiture of his retirement pension in accordance with N.J.S.A. 43:1-3.1. We affirm, substantially for the reasons set forth in ... for a crime substantially similar to the crimes enumerated under N.J.S.A. 43:1- - 3.1(b), which required the complete forfeiture of all benefits ... AS THE AMOUNT OF THE MEMBER'S SERVICE. POINT II N.J.S.A. 43:1-3.1 IS UNCONSTITUTIONAL AS A VIOLATION OF [DEFENDANT'S] RIGHT TO PROCEDURAL DUE PROCESS OF LAW. POINT III N.J.S.A. 43:1-3.1 IS UNCONSTITUTIONAL BECAUSE IT DEPRIVES [DEFENDANT] OF HIS RIGHT ... which will circumvent the plain meaning' of a statute. Ibid. N.J.S.A. 43:1-3.1(a) provides, in part: A person who holds [a ... the specific public office or employment held by the person. [N.J.S.A. 43:1-3.1(a).] Like all statutes, N.J.S.A. ...

docket:	a5118-18
court:	NJ Superior Court Appellate Division
decided:	2020-12-02
status:	Unpublished
citation:
Document Size:	23083

5 RONALDSALAHUDDIN v. BOARD OF TRUSTEES, PUBLIC EMPLOYEES' RETIREMENT SYSTEM - -- rank: 795

... 5588-15T2 disqualify him from public office, as required under N.J.S.A. 43:1-3.1. That forfeiture action was resolved by a consent order ... pension benefits. The ALJ evaluated and weighed the factors under N.J.S.A. 43:1-3(c), which codified factors previously identified by our Supreme Court ... Board did not properly balance the factors under Uricoli and N.J.S.A. 43:1-3(c). Finally, he contends that he was 'factually innocent' of ... arguments. 1. Pension Forfeiture Pension forfeiture is governed by statute. N.J.S.A. 43:1-3. The receipt of a public pension or retirement benefit is conditioned upon the rendering of honorable service. N.J.S.A. 43:1-3(a). The board of trustees of any state or locally ... the member's public service, which renders that service dishonorable. N.J.S.A. 43:1-3(b). The statute identifies eleven factors the Board must ...

docket:	a5588-15
court:	NJ Superior Court Appellate Division
decided:	2018-03-01
status:	unpublished
citation:
Document Size:	37933

6 MARIANO VEGA v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM -- rank: 789

... through PERS, but the Board denied his application, reasoning that N.J.S.A. 43:1-3.1 mandated total forfeiture of his benefits. Relying on State ... Steele does not mandate total forfeiture of Vega's benefits. N.J.S.A. 43:1-3(b) provides for full or partial forfeiture 'of the earned ... the Board declined to weigh the statutory factors. See also N.J.S.A. 43:1-3(c) ('In evaluating a member's misconduct to determine . . . whether ... Board's decision in part and remand for consideration, under N.J.S.A. 43:1-3 only, of whether all or any portion of the benefits ... 91 N.J. 62, 77-78 (1982), and codified at N.J.S.A. 43:1-3(c), (the Uricoli factors) and reasoned that because Vega had ... crime is substantially similar to an enumerated offense outlined in N.J.S.A. 43:1-3.1[,] . . . any and all pension benefits resultant from . . . Vega' ...

docket:	a5940-17
court:	NJ Superior Court Appellate Division
decided:	2020-02-20
status:	Unpublished
citation:
Document Size:	26363

7 JOSEPH MANZELLA v. TOWNSHIP OF ROCHELLE PARK -- rank: 786

... On appeal, Manzella contends that: 1) a recent amendment to N.J.S.A. 43:1-3, which limits forfeiture of retirement benefits only to those instances ... if the Legislature intended the Uricoli factors, now codified as N.J.S.A. 43:1-3, to apply to all pension forfeiture statutes, even those that ... also reject Manzella's contention that the 2007 amendment to N.J.S.A. 43:1-3 applies retroactively and thus protects him from forfeiture of his ... amount in excess of $10,000. In the amendment to N.J.S.A. 43:1-3, effective April 14, 2007, the Legislature specified that only those ... long before the $10,000 threshold in the amendment to N.J.S.A. 43:1-3 became effective on April 14, 2007. Manzella concedes that the language of N.J.S.A. 43:1-3 specifies that its provisions shall apply prospectively, effective April ...

docket:	a4534-06
court:	njappellate
decided:	2008-05-07
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	45267

8 LAWSON MCELROY - v. BOARD OF TRUSTEES PUBLIC EMPLOYEES' RETIREMENT SYSTEM - -- rank: 752

... the statutory requirement of honorable public service set forth in N.J.S.A. 43:1-3. PERS concluded it did, and ascertained a partial forfeiture of ... misconduct warranted the partial forfeiture of his service credit under N.J.S.A. 43:1-3. On August 19, 2010, the Board issued its final administrative ... TO EVALUATE SUBMITTED EVIDENCE AS INSTRUCTD BY THE LEGISLATURE IN N.J.S.A. 43:1-3 BUT INSTEAD PRODUCED A CURSORY LIST, INSUFFICIENT TO ADDRESS THE ... Retirement System , 91 N.J. 62 (1982), as codified in N.J.S.A. 43:1-3, require forfeiture of pension rights to be examined independently of ... from the requirements set forth in the Eyers , Uricoli , and N.J.S.A. 43:1-3. We disagree with McElroy's contention that the Board erred ... factors codified in the applicable forfeiture statute governing retirement benefits, N.J.S.A. 43:1-3(c)(1) through (11). The substantive legal standards applicable ...

docket:	a0536-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-31
status:	unpublished
citation:
Document Size:	45683

9 STATE OF NEW JERSEY v. BENNIE ANDERSON -- rank: 741

... of his entire pension for two reasons. First, by enacting N.J.S.A. 43:1-3.1, the Legislature expressed its clear intent that such a ... 2. Second, as to his pension, the court relied on N.J.S.A. 43:1-3.1 and State v. Steele, 420 N.J. Super. 129 ... a complete pension forfeiture. As it explained, subsection (a) of N.J.S.A. 43:1-3 conditions the 'receipt of public pension or retirement benefit[s ... employee.' The trial court also noted that the Legislature amended N.J.S.A. 43:1-3.1 to mandate the complete forfeiture of a public employee ... State's motion. The court rejected defendant's arguments that N.J.S.A. 43:1-3.1 violated the Excessive Fines Clause of the Eighth Amendment ... We note that defendant does not challenge the applicability of N.J.S.A. 43:1-3.1 to the facts before us. In this regard, ...

docket:	a4289-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-30
status:	Published
citation:
Document Size:	43810

10 DANIEL COUGHLIN v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 716

... reverse the Board's decision, mainly because the Board misapplied N.J.S.A. 43:1-3(c)(8) in concluding, on the particular facts of this ... determination that petitioner had dishonorable service within the meaning of N.J.S.A. 43:1-3, and I therefore conclude that a total forfeiture of his ... factors codified in the applicable forfeiture statute governing retirement benefits, N.J.S.A. 43:1-3(c)(1) through (11). The Board especially focused upon factors ... or multiple offense and whether it was continuing or isolated"), N.J.S.A. 43:1-3(c)(7), eight ("the relationship between the misconduct and the member's public duties"), N.J.S.A. 43:1-3(c)(8), and nine ("the quality of moral turpitude or ... member's motives and reasons, personal gain and similar considerations"), N.J.S.A. 43:1-3(c)(9). As to factor seven, the Board concluded ...

docket:	a6219-08
court:	NJ Superior Court Appellate Division
decided:	2011-03-14
status:	unpublished
citation:
Document Size:	51061

11 MICHAEL LALLEY v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 696

... that, based on its consideration of the factors enumerated in N.J.S.A. 43:1-3, Lalley's entire PFRS service and salary credit should be ... must provide 'honorable service' to receive pension or retirement benefits. N.J.S.A. 43:1-3(a) ('The receipt of a public pension or retirement benefit ... which renders the member's service or part thereof dishonorable.' N.J.S.A. 43:1-3(b); N.J.A.C. 17:1-6.1(a ... 91 N.J. at 77-78, and subsequently codified in N.J.S.A. 43:1-3(c). The eleven factors are: (1) the member's length ... to the member which bear upon the justness of forfeiture. [N.J.S.A. 43:1-3(c).] The factors 'must be balanced and then weighed in ... the serious nature of witness tampering. In 2007, it enacted N.J.S.A. 43:1-3.1. Subsection (a) provides in pertinent part: A person ...

docket:	a5682-17
court:	NJ Superior Court Appellate Division
decided:	2019-12-27
status:	Unpublished
citation:
Document Size:	32322

12 /usr/local/share/www/libweb/collections/courts/appellate/a2765-13.opn.html -- rank: 696

... 91 N.J. 62 , 77-78 (1982), subsequently codified in N.J.S.A. 43:1-3(c), 1 to be utilized to determine if a partial ... to background facts about a pensioner's retirement benefits, see N.J.S.A. 43:1-3(c)(1)-(6), are relevant to the issues on appeal ... whether the misconduct or crime was repeated or isolated conduct. N.J.S.A. 43:1-3(c)(7). In its written decision, the Board detailed the ... relationship between the misconduct and the member's public duties. N.J.S.A. 43:1-3(c)(8). Although it did not elaborate on its finding ... whether the pensioner stood to gain from his conduct, see N.J.S.A. 43:1-3(c)(9), the Board determined that "[t]he reason for ... any penal sanctions that were or may be imposed, see N.J.S.A. 43:1-3(c)(10), other than to describe the sentence imposed. ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	27416

13 LAUREN COOKE v. BOARD OF TRUSTEES TEACHERS' PENSION AND ANNUITY FUND - -- rank: 693

... ten percent forfeiture of Cooke's pension benefits pursuant to N.J.S.A. 43:1-3 and N.J.A.C. 17:1-6.1. We ... 91 N.J. 62, 77-78 (1982), later codified in N.J.S.A. 43:1-3(c). The Board imposed a ten percent reduction in her ... must provide 'honorable service' to receive pension or retirement benefits. N.J.S.A. 43:1-3(a) ('The receipt of a public pension or retirement benefit ... which renders the member's service or part thereof dishonorable.' N.J.S.A. 43:1-3(b); see also N.J.A.C. 17:1-6 ... 91 N.J. at 77-78, and subsequently codified in N.J.S.A. 43:1-3(c): (1) the member's length of service; (2) the ... to the member which bear upon the justness of forfeiture. [N.J.S.A. 43:1-3(c).] The factors 'must be balanced and then weighed ...

docket:	a3167-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-23
status:	Unpublished
citation:
Document Size:	34488

14 STEPHEN W. THOMPSON v. BOARD OF TRUSTEES, JUDICIAL RETIREMENT SYSTEM -- rank: 680

... must provide 'honorable service' to receive pension or retirement benefits. N.J.S.A. 43:1-3(a); N.J.A.C. 17:1-6.1(a ... which renders the member's service or part thereof dishonorable.' N.J.S.A. 43:1-3(b); N.J.A.C. 17:1-6.1(a ... 17T1 10 Since 1996, those factors have been codified at N.J.S.A. 43:1-3(c), which provides: In evaluating a member's misconduct to ... its findings and analysis of the eleven enumerated factors under N.J.S.A. 43:1-3(c). He asserts that failure warrants reversal of its final ... in the following analysis: In applying the balancing test in N.J.S.A. 43:1- 3(c), it is factors 7, 8, and 9 that weigh ...

docket:	a4320-17
court:	NJ Superior Court Appellate Division
decided:	2019-06-03
status:	Unpublished
citation:
Document Size:	34157

15 WILLIAM LUNGER v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 673

... official misconduct conviction required the forfeiture of his pension under N.J.S.A. 43:1-3.1(b); he is ineligible to apply for ordinary disability ... directly touches on his employment as a sheriff's officer. N.J.S.A. 43:1-3.1 provides 'for 'mandatory forfeiture of A-1879-17T3 6 ... touches' his office, position or employment.' Id. at 134 (quoting N.J.S.A. 43:1- 3.1(a)). Official misconduct, N.J.S.A. 2C:30 ... conviction of which requires mandatory forfeiture of retirement benefits under N.J.S.A. 43:1-3.1(a). N.J.S.A. 43:1-3.1(b)(17). Where the crime touches on a PFRS ... the offense.' Steele, 420 N.J. Super. at 133 (quoting N.J.S.A. 43:1-3.1(a)). Lunger's conviction of official misconduct required ...

docket:	a1879-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-20
status:	Unpublished
citation:
Document Size:	19537