Search Rutgers Law Library N.J. Court Opinions

31 IN THE MATTER OF FRANK WATTS -- rank: 603

... J.A.C. 17:1-1.13(a)(4) and N.J.S.A. 43:1-3. Watts retained counsel and made submissions to the Board in ... of Watts's membership service "may be found dishonorable" under N.J.S.A. 43:1-3. That statute conditions the receipt of public pension or retirement ... a "forfeiture" of his pension to support his argument that N.J.S.A. 43:1-3 "constitutes the only legal basis for the forfeiture" of his ... the protection of the eleven-part test set forth in N.J.S.A. 43:1-3(c). As we observed in Mount , the issue is whether ...

docket:	a1063-09
court:	superior court appellate division
decided:	2010-11-23
status:	unpublished
citation:
Document Size:	22695

32 JAMES MCLEAN v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 603

... 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 ... 91 N.J. 62, 77-78 (1982), and codified in N.J.S.A. 43:1-3(c): (1) the member's length of service; (2) the ... misconduct clearly constituted a breach of honorable public service. See N.J.S.A. 43:1-3(b). The serious nature of the incident dispels McLean's ...

docket:	a5313-17
court:	NJ Superior Court Appellate Division
decided:	2019-10-25
status:	Unpublished
citation:
Document Size:	17982

33 MARTIN BARNES v. BOARD OF TRUSTEES, PUBLIC EMPLOYEES -- rank: 594

... public service. The PERS Board denied his application pursuant to N.J.S.A. 43:1-3 and N.J.A.C. 17:1-6.1(c ... 91 N.J. 62, 77-78 (1982), and codified in N.J.S.A. 43:1-3: (1) the member's length of service; (2) the basis ... to the member which bear upon the justness of forfeiture. [ N.J.S.A. 43:1-3(c)(1) to -(c)(11).] The ALJ reasoned that total ... public pension is "conditioned upon the rendering of honorable service," N.J.S.A. 43:1-3(a), and the Board may "order the forfeiture of all ... which renders the member's service or part thereof dishonorable." N.J.S.A. 43:1-3(b). We agree with the Board that this case involved ... to undermine the public's faith in municipal government. See N.J.S.A. 43:1-3(c)(7), (8), and (9). While complete forfeiture of ...

docket:	a4686-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-09
status:	unpublished
citation:
Document Size:	28723

34 CHRISTOPHER OROSZ v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 594

... without pay. The Board then considered the factors enumerated in N.J.S.A. 43:1-3(c) to determine whether a total or partial forfeiture of ... Training Ctr. , 127 N.J. 500 , 513 (1992)). Pursuant to N.J.S.A. 43:1-3(a), "[t]he receipt of a public pension or retirement ... which renders the member's service or part thereof dishonorable[.]" N.J.S.A. 43:1-3(b). In Uricoli v. Board of Trustees, Police & Firemen's ... warranted due to misconduct. These factors were subsequently codified in N.J.S.A. 43:1-3(c). They include the member's length of service; whether ...

docket:	a3175-13
court:	NJ Superior Court Appellate Division
decided:	2015-06-03
status:	unpublished
citation:
Document Size:	25563

35 STATE OF NEW JERSEY v. BOBBY SINGLETARY -- rank: 591

... 2C:51-2, and his pension was forfeited pursuant to N.J.S.A. 43:1-3.1. Before imposing the sentence, the court found aggravating factors ...

docket:	a4849-13
court:	NJ Superior Court Appellate Division
decided:	2017-02-08
status:	unpublished
citation:
Document Size:	41849

36 DWAYNE SMITH v. BOARD OF TRUSTEES POLICE AND FIREMENS RETIREMENT SYSTEM - -- rank: 587

... his retirement benefits under the Uricoli1 factors subsequently codified at N.J.S.A. 43:1-3(c). The ALJ disagreed, finding the facts resulting in Smith ... N.J. Super. 75, 77 (App. Div. 1998) ('interpret[ing] N.J.S.A. 43:1-3 as applying only to those claims for benefits where the ... does not require a balancing test as in Uricoli or N.J.S.A. 43:1-3. The Board adopted the ALJ's summary decision that Smith ... 1)(E). A-0611-21 8 As Smith acknowledges, neither N.J.S.A. 43:1-3 nor Uricoli applies here because N.J.S.A. 43 ...

docket:	a0611-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-17
status:	Unpublished
citation:
Document Size:	16716

37 VINCENT TAVAGLIONE v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 585

... determined that, based on its consideration of factors enumerated in N.J.S.A. 43:1-3, Tavaglione's entire PFRS service should be forfeited. The Board ... dated March 13, 2014. The ALJ considered the factors in N.J.S.A. 43:1-3 and concluded that Tavaglione's conduct warranted a total forfeiture ... Ret. Sys. , 91 N.J. 62 (1982), and codified in N.J.S.A. 43:1-3(c). The eleven factors are: (1) the member’s length ...

docket:	a5478-13
court:	NJ Superior Court Appellate Division
decided:	2016-01-08
status:	unpublished
citation:
Document Size:	31982

38 MICHAEL ELIAS v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 582

... s Ret. Sys., 91 N.J. 62, 77-78 (1982); N.J.S.A. 43:1-3(c)(2). PFRSNJ also indicated, contrary to the record, that ... Uricoli sixth factor. See Uricoli, 91 N.J. at 78; N.J.S.A. 43:1-3(c)(6). The agency should have weighed in the balance ... App. Div. 1987); see Uricoli, 91 N.J. at 78; N.J.S.A. 43:1-3(c)(7). Nor does the record appear to support the ... ninth Uricoli factor. See Uricoli, 91 N.J. at 78; N.J.S.A. 43:1-3(c)(9). Elias's misconduct did not result in personal ... by the record. See Uricoli, 91 N.J. at 78; N.J.S.A. 43:1-3(c)(11). That factor requires consideration of the petitioner's ... THE BOARD INCORRECTLY APPLIED THE URICOLI FACTORS AS CODIFIED IN N.J.S.A. 43:1-3 AND THEREFORE THE TOTAL FORFEITURE OF APPELLANT'S CREDIT ...

docket:	a4653-18
court:	NJ Superior Court Appellate Division
decided:	2021-01-27
status:	Unpublished
citation:
Document Size:	15081

39 MARCO SEMINARIO v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 580

... 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 ... 91 N.J. 62, 77-78 (1982), and codified in N.J.S.A. 43:1- 3(c): (1) the member's length of service; (2) the ...

docket:	a0824-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-26
status:	Unpublished
citation:
Document Size:	17607

40 TEACHERS' PENSION AND ANNUITY FUND v. CAROL ZIZNEWSKI -- rank: 569

... determined her pension and salary would be forfeited pursuant to N.J.S.A. 43:1-3(b) beginning in the 'year of the offense'—January ... a manner warranting partial forfeiture of service and salary under N.J.S.A. 43:1-3(d). Id. at 12-13. However, we determined the forfeiture ... s misconduct warranting partial forfeiture of service and salary under N.J.S.A. 43:1-3(d) 'started well before January 1, 2006, and steadily escalated ... supporting its determination that the period of partial forfeiture under N.J.S.A. 43:1-3(d) commenced on January 1, 2006. Affirmed. A-4961-17T1 ...

docket:	a4961-17
court:	NJ Superior Court Appellate Division
decided:	2019-03-20
status:	Unpublished
citation:
Document Size:	12387

41 STATE OF NEW JERSEY v. KEVIN GEROW -- rank: 564

... effect of an employee's misconduct on his pension under N.J.S.A. 43:1-3 and N.J.A.C. 17:1-6.2, the ...

docket:	a2097-13
court:	NJ Superior Court Appellate Division
decided:	2015-04-14
status:	unpublished
citation:
Document Size:	27498

42 KIRK EADY v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 557

... him] as it relates to honorable service in accordance with N.J.S.A. 43:1- 3' and 'consider [his] application for [s]ervice retirement benefits.' On ... from January 1, 2005 through his termination was dishonorable under N.J.S.A. 43:1-3 and was therefore forfeited. The letter further advised him of ...

docket:	a5434-17
court:	NJ Superior Court Appellate Division
decided:	2020-01-17
status:	Unpublished
citation:
Document Size:	12972

43 RONALD RICCIE v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 548

... of his pension benefits that is excessive and inconsistent with N.J.S.A. 43:1-3. The claims lack sufficient merit to warrant more than the ... Riccie's statutory claim is based on subsection d of N.J.S.A. 43:1-3. That provision directs calculation of a partial forfeiture based on ...

docket:	a5326-03
court:	njappellate
decided:	2007-08-03
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	26637

44 WAYNE BRYANT v. BOARD OF TRUSTEES OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM -- rank: 546

... determined that total forfeiture of his pension was appropriate under N.J.S.A. 43:1-3 based on petitioner's egregious misconduct. After a hearing, the ... of retirement benefits was conditioned on rendering honorable service. See N.J.S.A. 43:1-3(a). The Board had the exclusive authority to evaluate whether ... public service which renders [his] service or part thereof dishonorable[.]' N.J.S.A. 43:1-3(b). In evaluating whether petitioner's misconduct warranted forfeiture, the ... to the member which bear upon the justness of forfeiture. [ N.J.S.A. 43:1-3(c); Uricoli v. Bd. of Trs., 91 N.J. 62 ...

docket:	a5234-15
court:	NJ Superior Court Appellate Division
decided:	2018-03-15
status:	unpublished
citation:
Document Size:	25249

45 MICHAEL NOWICKI v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 546

... The Board did not review petitioner's honorable service under N.J.S.A. 43:1-3 because this would be premature. The Board noted 4 A ...

docket:	a2966-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-27
status:
citation:
Document Size:	19577