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1 KATHERINE M. BOUNDS, ET AL. V. EILEEN PROSPERO, ET AL -- rank: 1000

... are ineligible for a non-contributory pension by virtue of N.J.S.A. 43:8B-2 which provides that,             Any employee who is not a member ... such a reading is contrary to the plain language of N.J.S.A. 43:8B-2. That section limits eligibility for a non-contributory pension to ... contributory pension fund. In effect, the County's construction of N.J.S.A. 43:8B-2 would add to the statute an eligibility criterion that the ... render them ineligible for a non-contributory pension pursuant to N.J.S.A. 43:8B-2.     The Commission Report supports two conclusions. The Report acknowledges that ... that the phrase "at the discretion of his employer" in N.J.S.A. 43:8B-2 would permit it to deny plaintiffs' applications for public policy ... members of, a contributory system. However, as we have acknowledged, N.J.S.A. 43:8B-2 affords the County discretion to deny applications, even when ...

docket:	a3705-96
court:	njappellate
decided:	1999-03-12
status:	published
citation:	319 N.J.Super. 277
Document Size:	14159