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16 SUSAN HOLLANDER v. BOARD OF TRUSTEES OF THE POLICE and FIREMEN'S RETIREMENT SYSTEM -- rank: 666

... 91 N.J. 62 , 77-78 (1982), subsequently codified in N.J.S.A. 43:1-3(c), 1 that are to be considered when determining if ... rendering of honorable service by a public officer or employee." N.J.S.A. 43:1-3(a). The Board may "order the forfeiture of all or ... which renders the member's service or part thereof dishonorable." N.J.S.A. 43:1-3(b). In evaluating a member's misconduct to determine whether ... the Board must consider and balance the eleven factors in N.J.S.A. 43:1-3(c). The Board addressed these factors in its initial decision ... so in his written opinion. The first six factors of N.J.S.A. 43:1-3(c) cover background information about a petitioner. Here, none of ... between the misconduct and the member's public duties, see N.J.S.A. 43:1-3(c)(8), is not in dispute, as there is ...

docket:	a1950-13
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	37543

17 STATE OF NEW JERSEY v. MICHAEL STEELE -- rank: 666

... N.J.S.A. 2C:51-2. Finally, pursuant to N.J.S.A. 43:1-3.1, the judge forfeited defendant's pension benefits earned from ... forfeiture ordered by the trial judge require us to interpret N.J.S.A. 43:1-3.1, a statute adopted in 2007 as part of the ... an order of pension forfeiture under the circumstances specified in N.J.S.A. 43:1-3.1. The statute applies upon conviction of a person who ... crime that "involves or touches" his office, position or employment. N.J.S.A. 43:1-3.1a; see N.J.S.A. 43:1-3.1b (designating the crimes). Where those conditions are met, "[a ... a finding of guilt or entry of a guilty plea. N.J.S.A. 43:1-3.1c(1). The court's discretion is limited to ...

docket:	a3295-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-19
status:	published
citation:	420 N.J. Super. 129 18 A.3d 1087
Document Size:	21850

18 STEVE JONES v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 662

... 91 N.J. 62, 77-78 (1982), and codified in N.J.S.A. 43:1-3, and it denied petitioner's request. The Board ordered the ... last date of petitioner's pension contributions), in accordance with N.J.S.A. 43:1- - 3(b) and N.J.A.C. 17:1-6.1 ... PFRS) are 'expressly conditioned upon the rendering of honorable service[.]' N.J.S.A. 43:1-3(a). Our Supreme Court has held that 'a balancing approach ... rights terminated as of the date the misconduct first occurred[.]' N.J.S.A. 43:1-3(d). If the resulting pension or forfeiture would be 'excessive ... that partial forfeiture of petitioner's pension was warranted. II. N.J.S.A. 43:1-3(b) states: The board of trustees of any State or ... forfeiture ordered by a court pursuant to section 2 of [N.J.S.A. 43:1-3.1]. Here, the Board explained: The Legislature has empowered ...

docket:	a0321-17
court:	NJ Superior Court Appellate Division
decided:	2019-10-18
status:	Unpublished
citation:
Document Size:	28543

19 ERIC J. REAMY v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 655

... the record and applying the eleven factors set forth in N.J.S.A. 43:1-3, 'the Board determined that Mr. Reamy's criminal misconduct was ... 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); A-3741-18T2 8 N.J.A.C. 17 ... 91 N.J. at 77-78, and subsequently codified in N.J.S.A. 43:1-3(c).1 The eleven factors are: (1) the member's ... 1 Reamy was not subject to mandatory pension forfeiture under N.J.S.A. 43:1- 3.1(a) because the State did not contend the value of the stolen firearms exceeded $10,000, see N.J.S.A. 43:1-3.1(b)(4), and conviction of violating N.J. ...

docket:	a3741-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-18
status:	Unpublished
citation:
Document Size:	23175

20 WILLIE JETTI v. BOARD OF TRUSTEES OF THE POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 650

... was 'not restricted to considering only [Jetti's] convictions.' Citing N.J.S.A. 43:1-3(c), the Board reasoned it was 'required to evaluate and ... to the member which bear upon the justness of forfeiture. [ N.J.S.A. 43:1-3(c) (emphasis added).] Mindful of these factors, the Board noted ... extent of the misconduct and the years of honorable service. [ N.J.S.A. 43:1-3(d) (emphasis added).] When reviewing a final State agency determination ...

docket:	a4018-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-26
status:
citation:
Document Size:	21249

21 CARRIE B. JOHNSON v. PUBLIC EMPLOYEES RETIREMENT SYSTEM -- rank: 643

... the Board to thoroughly consider and balance the factors listed N.J.S.A. 43:1-3(c) for determining honorable service and forfeiture. The facts are ... to address all of the relevant factors set forth under N.J.S.A. 43:1-3. Additionally, Johnson contends that those factors that were considered clearly ... rendering of honorable service by a public officer or employee." N.J.S.A. 43:1-3(a). The board of trustees of a state or local ... which renders the member's service or part thereof dishonorable[.]" N.J.S.A. 43:1-3(b). In evaluating a member's misconduct to determine whether ... to the member which bear upon the justness of forfeiture. [ N.J.S.A. 43:1-3(c).] These eleven statutory factors codify the factors that the ... rights terminated as of the date the misconduct first occurred[.]" N.J.S.A. 43:1-3(d). However, "if termination as of that date would[,] ...

docket:	a3882-13
court:	NJ Superior Court Appellate Division
decided:	2015-06-12
status:	unpublished
citation:
Document Size:	24567

22 /usr/local/share/www/libweb/collections/courts/appellate/a0522-16.opn.html -- rank: 641

... retirement benefit is conditioned on the rendering of honorable service. N.J.S.A. 43:1-3(a). The Acting Director has the authority to order the ... which renders the member's service or part thereof dishonorable . . . .' N.J.S.A. 43:1-3(b). The statute identifies eleven factors that must be considered ... to the member which bear upon the justness of forfeiture. [N.J.S.A. 43:1-3(c).] This statute codifies the factors set forth by our ... dismissed, this fact alone does not preclude their consideration under N.J.S.A. 43:1-3. Honorable service under that statute 'is sufficiently generic to encompass ... at ECC. Petitioner misapprehends the law. The mandatory forfeiture statute, N.J.S.A. 43:1-3.1(a), not applicable here, requires a public employee who ... the person.' Ibid. The Acting Director did not rely on N.J.S.A. 43:1-3.1(a) to determine that forfeiture of one year ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	28076

23 CAROL DEBELL v. BOARD OF TRUSTEES, PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) -- rank: 641

... s Ret. Sys. , 91 N.J. 62 (1982), codified in N.J.S.A. 43:1-3, and concluded that the undisputed facts demonstrated that petitioner willingly ... months."     In this appeal, petitioner argues: (1) the forfeiture statute, N.J.S.A. 43:1-3, violates the double jeopardy provision of the New Jersey Constitution ... 90 (1978).     Petitioner next argues that the forfeiture provisions in N.J.S.A. 43:1-3 are preempted by federal law. She contended in her initial ... nonforfeitable." Petitioner argues that because New Jersey's forfeiture statute, N.J.S.A. 43:1-3, does not limit forfeiture to employer contributions, it conflicts with ... U.S. Const. art. VI, cl. 2. Footnote: 2      2 N.J.S.A. 43:1-3 sets forth the parameters for forfeiture of regular pension benefits ...

docket:	A1012-01
court:	NJ Superior Court Appellate Division
decided:	2003-02-13
status:	published
citation:	357 N.J. Super. 461 815 A.2d 997
Document Size:	24815

24 TIMOTHY CLARKE v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 637

... its decision, the Board addressed the eleven factors established under N.J.S.A. 43:1-3(c) to determine what portion of pension forfeiture was appropriate ... member's motives and reasons, personal gain and similar considerations . . . . [ N.J.S.A. 43:1-3(c).] After a hearing, ALJ Gerson issued written findings of ... provide "honorable service" to receive his pension or retirement benefits. N.J.S.A. 43:1-3(a); see also Corvelli v. Bd. of Trs. , 130 N ... which renders the member's service or part thereof dishonorable . . . ." N.J.S.A. 43:1-3(b). To require forfeiture of that portion of a member ... eleven-factor balancing test in determining whether forfeiture is appropriate. N.J.S.A. 43:1-3(c). The Board may attribute more weight to factors seven ... circumstances, the Board may determine that partial forfeiture is appropriate. N.J.S.A. 43:1-3(d). In such cases, the Board "shall order that ...

docket:	a4684-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-28
status:	unpublished
citation:
Document Size:	22830

25 JOHN CAUCINO v. BOARD OF TRUSTEES, TEACHERS' PENSION AND ANNUITY FUND -- rank: 634

... Ret. Sys., 91 N.J. 62, 66 (1982)); see also N.J.S.A. 43:1-3(a). Forfeiture may be ordered 'for misconduct occurring during the ... implement any pension forfeiture ordered by a court pursuant to [N.J.S.A. 43:1-3.1].' N.J.S.A. 43:1-3(b) (emphasis added). A-1733-21 12 N.J.S.A. 43:1-3.1, adopted in 2007, 'expresses an unambiguous legislative intent to ...

docket:	a1733-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-01
status:	Published
citation:
Document Size:	35774

26 Halina Jablonowska v. David P. Suther -- rank: 634

... 91 N.J. 62 (1982) was incorporated by Legislature in N.J.S.A. 43:1-3). 9 Our dissenting colleagues assert that Portee claims are indistinguishable ...

docket:	a-9-07
court:
decided:	2008-06-10
status:
citation:	195 N.J. 91
Document Size:	140825

27 IN THE MATTER OF SUZANNE HESS -- rank: 630

... that the Uricoli factors were incorporated by the Legislature in N.J.S.A. 43:1-3). 5 N.J.S.A. 2C:51-2 provides that ...

docket:	a2408-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-30
status:	published
citation:	422 N.J. Super. 27 25 A.3d 1199
Document Size:	33482

28 /usr/local/share/www/libweb/collections/courts/appellate/a1727-17.opn.html -- rank: 621

... of deferred retirement benefits. After applying the test established in N.J.S.A. 43:1-3(c) and Uricoli v. Bd. of Trs., Police and Firemen ... based on its application of the factors set forth in N.J.S.A. 43:1-3(c) and A-1727-17T2 17 Uricoli, 91 N.J ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	32962

29 LYNNE FLAX v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 616

... partial forfeiture of her pension,' using the statutory factors in N.J.S.A. 43:1-3 as well as applicable case law, the ALJ found total ... Firemen's Retirement System, 91 N.J. 62 (1982), and N.J.S.A. 43:1-3(d) would have resulted in a seven-month forfeiture, the ... the relatively short nature of her relationship with B.G., N.J.S.A. 43:1-3(d) and Uricoli call for a lesser penalty. N.J.S.A. 43:1-3(d) provides that: [w]henever a board of trustees determines ... extent of the misconduct and the years of honorable service. [N.J.S.A. 43:1-3(d).] In Uricoli, the Court listed eleven factors that 'may ... N.J. at 78. These factors are also codified in N.J.S.A. 43:1-3(c). Those factors are (1) the employee's length ...

docket:	a1585-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-03
status:	Unpublished
citation:
Document Size:	21570

30 STATE OF NEW JERSEY v. NIKITA CARDWELL -- rank: 614

... and determined that his pension benefits were forfeited pursuant to N.J.S.A. 43:1-3.1. The court also imposed appropriate penalties and assessments. Thereafter ...

docket:	a0538-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-21
status:	unpublished
citation:
Document Size:	55176