Search Rutgers Law Library N.J. Court Opinions

16 /usr/local/share/www/libweb/collections/courts/supreme/a2416-14.opn.html -- rank: 663

... Act), provides PERS membership and retirement benefits for public employees. N.J.S.A. 43:15A-7. Although the Act does not define the term "public employee ... for membership in PERS based on performance of the contract. N.J.S.A. 43:15A-7.2(a). Additionally, any person providing professional services as an ... Service [IRS]," is ineligible based on performance of those services. N.J.S.A. 43:15A-7.2(b). See also N.J.A.C. 17:2 ... of the IRS twenty-factor test well before passage of N.J.S.A. 43:15A-7.2, which specifically adopted the test. In Stevens , we rejected ... last provided legal services to those entities in 1990. See N.J.S.A. 43:15A-7(e) ("Membership of any person in the retirement system shall ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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17 MICHAEL BEHAR v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM - -- rank: 652

... position, citing N.J.S.A. 15A-57.2 and N.J.S.A. 43:15A-7(d)(4). In pertinent part, N.J.S.A. 43 ... aggregate compensation does not exceed $15,000 per year . . . . [Ibid.] N.J.S.A. 43:15A-7(d)(4) states in relevant part: [N]o person in ... on N.J.S.A. 43:15A-57.2 and N.J.S.A. 43:15A-7(d)(4), and concluded Behar was required to re-enroll ...

docket:	a0296-22
court:	NJ Superior Court Appellate Division
decided:	2023-12-15
status:	Unpublished
citation:
Document Size:	27325

18 IN THE MATTER OF CERTAIN EMPLOYEES OF THE GLOUCESTER COUNTY SHERIFF'S DEPARTMENT -- rank: 646

... April 9, 1985, the Legislature amended the PERS membership statute, N.J.S.A. 43:15A-7, to mandate enrollment in PERS for temporary or provisional employees ... employees who are not enrolled in another retirement system, citing N.J.S.A. 43:15A-7, if hired after April 9, 1985, or in accordance with ... membership until a later date. . . . . However, the Board asserts that [ N.J.S.A. 43:15A-7] is to be read in pari materia with N.J ...

docket:	A2154-04
court:	NJ Superior Court Appellate Division
decided:	2006-10-31
status:	unpublished
citation:
Document Size:	47277

19 GLENN POOSIKIAN v. DIVISION OF PENSIONS AND BENEFITS - -- rank: 644

... of which the relevant statutory section is now known as N.J.S.A. 43:15A-7(d)2, making elected officials unenrolled prior to July 1 ... of Pension and Benefits, PERS Member Guidebook (February 2020). 2 N.J.S.A. 43:15A-7(d) reads in pertinent part: Elected officials commencing service on ... the retirement system under the terms and conditions of enrollment. [N.J.S.A. 43:15A-7(d).] A-0343-19 2 pensions. Since his 2006 election ... 2018 retroactive enrollment to be barred by the enactment of N.J.S.A. 43:15A-7(d). The Division further noted that the Borough failed to ... the need for an administrative hearing. The Board concluded, under N.J.S.A. 43:15A-7(d), elected officials were barred from enrolling in PERS after ... decision is properly grounded, in part, in its reading of N.J.S.A. 43:15A-7(d), which establishes a cutoff date for elected officials ...

docket:	a0343-19
court:	NJ Superior Court Appellate Division
decided:	2021-02-26
status:	Unpublished
citation:
Document Size:	18111

20 VERONICA -- rank: 641

... these facts, the PERS Board concluded that by operation of N.J.S.A. 43:15A-7(e), petitioner's PERS membership account expired on June 30 ... shall discontinue his service for more than two consecutive years.' N.J.S.A. 43:15A-7(e). Similarly, a provision governing disbursement of accumulated deductions to ... to the uncontested facts plainly supports the Board's decision. N.J.S.A. 43:15A-7(e) clearly marks the end of petitioner's PERS membership ... any timeframe other than the two-year timeline described in N.J.S.A. 43:15A-7(e) and N.J.S.A. 43:15A-41(a ...

docket:	a1316-21
court:	appellate
decided:	2024-04-16
status:	Unpublished
citation:
Document Size:	27661

21 IN THE MATTER OF THOMAS J. EVANS PUBLIC EMPLOYEES' RETIREMENT SYSTEM ENROLLMENT ELIGIBILITY -- rank: 638

... election, he had the option to enroll in PERS under N.J.S.A. 43:15A-7 because he was not a military veteran.1 Evans contended ... because of reform legislation, Chapter 92, P.L. 2007. 1 N.J.S.A. 43:15A-7 made it mandatory for PERS enrollment of an elected official ... prior to July 1, 2007, were ineligible to enroll.2 N.J.S.A. 43:15A-7(d). It was not until four years later that Evans ... and enrolled after July 1, 2007 to remain in PERS. N.J.S.A. 43:15A-7(d). 3 Under the new legislation, the Defined Contribution Retirement ...

docket:	a2698-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-24
status:
citation:
Document Size:	17002

22 JOSEPH SHARP - and THE COUNTY OF UNION v. BOARD OF TRUSTEES PUBLIC EMPLOYEES' RETIREMENT SYSTEM - -- rank: 627

... of re-enrollment effective August 1, 2003, in accordance with N.J.S.A. 43:15A-7.1. Sharp appealed to PERS. PERS conducted an independent review ... 1, 2003, pay pension contributions for that enrollment pursuant to N.J.S.A. 43:15A-7.1, and repay all retirement benefits he received between August ... Sharp was an employee eligible for PERS membership pursuant to N.J.S.A. 43:15A-7. ALJ Braswell found that Sharp violated N.J.S.A ...

docket:	a4614-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-06-25
status:	Published
citation:
Document Size:	45758

23 J. SHELDON COHEN v. BOARD OF TRUSTEES OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM -- rank: 622

... 254, 260 (2010)). PERS membership is premised upon public employment. N.J.S.A. 43:15A-7; Gladden v. Bd. of Trs., Pub. Emps.' Ret. Sys., 171 ... is ineligible for membership based on performance of those services. N.J.S.A. 43:15A-7.2(b). In 2010, the Division enacted N.J.A ... ALJ asserted the Board premised its denial of eligibility upon N.J.S.A. 43:15A-7.2(a), which became effective on January 1, 2008. That ... was not relying on either subsection (a) or (b) of N.J.S.A. 43:15A-7.2, because the statute was not in effect when Cohen ... although not controlling in this case, when the Legislature enacted N.J.S.A. 43:15A-7.2(b) in 2008, it clearly directed consideration of all ...

docket:	a1219-16
court:	NJ Superior Court Appellate Division
decided:	2019-01-24
status:	Unpublished
citation:
Document Size:	34600

24 /usr/local/share/www/libweb/collections/courts/appellate/a4998-16.opn.html -- rank: 605

... ALJ determined a member need not prove these factors 2 N.J.S.A. 43:15A-7(e) provides that '[m]embership of any person in the ... for two years after separating from public service employment. See N.J.S.A. 43:15A-7(e). However, the Board determined that a member may not ...

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court:	NJ Superior Court Law/Chancery Division
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status:
citation:
Document Size:	20703

25 /usr/local/share/www/libweb/collections/courts/appellate/a2053-19.opn.html -- rank: 597

... to A-2053-19 6 be . . . an independent contractor under N.J.S.A. 43:15A-7(b), and not . . . an employee, as required for PERS membership ...

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Document Size:	34105

26 GAIL M. COOKSON - v. BOARD OF TRUSTEES, PUBLIC EMPLOYEES\' RETIREMENT SYSTEM -- rank: 592

... forth in N.J.S.A. 43:15C-2 and N.J.S.A. 43:15A-7 govern eligibility for participation in DCRP and PERS, respectively. N ... the enactment of Chapter 92 and remained members "continuously thereafter." N.J.S.A. 43:15A-7. In pertinent part, that section now reads: The membership of ... retirement system prior to . . . [July 1, 2007] . . . and continuously thereafter ; [ N.J.S.A. 43:15A-7 (emphasis added).] Thus, an official appointed by the Governor with ...

docket:	a5341-08
court:	superior court appellate division
decided:	2010-03-08
status:	unpublished
citation:
Document Size:	45744

27 SHARON K. SMITH v. STATE OF NEW JERSEY, DEPARTMENT OF TREASURY, DIVISION OF PENSIONS AND BENEFITS -- rank: 584

... in the Legislature's utilization of the word "member" in N.J.S.A. 43:15A-7 -- in defining the class of persons who may seek an ...

docket:	a6002-04
court:	njappellate
decided:	2007-01-29
status:	published
citation:	390 N.J. Super. 209
Document Size:	33534

28 MICHAEL MOSCA v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM - -- rank: 570

... a municipal employee for those years following the adoption of N.J.S.A. 43:15A-7.2 when he served as municipal prosecutor for the City ... was working under a professional services agreement in violation of N.J.S.A. 43:15A-7.2(a). The Board further added Mosca 'maintained his own ... who worked under a professional services contract and independent contractors. N.J.S.A. 43:15A-7.2. Local Finance Notices ('LFN') provided guidance to local employers ... absence of a written 'professional services contract' defeats application of N.J.S.A. 43:15A-7.2(a) is unavailing. The absence of a writing does ...

docket:	a1672-21
court:	NJ Superior Court Appellate Division
decided:	2024-02-29
status:	Unpublished
citation:
Document Size:	31421

29 VIRGINIA GOERG v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM -- rank: 565

... receives workers' compensation benefits. A-0054-17T2 2 Pursuant to N.J.S.A. 43:15A-7(e), petitioner's active PERS membership expired on June 30 ... discontinue[d] [her] service for more than two consecutive years.' N.J.S.A. 43:15A-7(e). A-0054-17T2 3 The ALJ found petitioner had ... forth in N.J.S.A. 43:15A-43 and N.J.S.A. 43:15A-7(e). There was no explanation for the nine-month delay ... individual has discontinued service for more than two consecutive years. N.J.S.A. 43:15A- 7(e). Here, petitioner discontinued service on June 30, 2011, the ...

docket:	a0054-17
court:	NJ Superior Court Appellate Division
decided:	2019-04-22
status:	Unpublished
citation:
Document Size:	10902

30 VINCENT K. LOUGHLIN v. STATE OF NEW JERSEY DEPARTMENT OF THE TREASURY -- rank: 551

... a letter informing him that in 2007, the Legislature enacted N.J.S.A. 43:15A-7.2, that 'was intended to curtail the participation of professional ... 42 U.S.C.[] [§] 1983.' The Division replied, advising N.J.S.A. 43:15A-7.2 vested it with the authority to investigate whether plaintiff ... contractual arrangement in order to comply with the dictates of [N.J.S.A. 43:15A-7.2] and [plaintiff] [was] no longer A-0293-21 6 ...

docket:	a0293-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-02
status:	Unpublished
citation:
Document Size:	21931