Search Rutgers Law Library N.J. Court Opinions

1 IN RE ADOPTION OF N.J.A.C. 17:1-6.4, 17:1-7.5 and 17:1-7.10. -- rank: 1000

... N.J.S.A. 43:15A-42 to -46 (PERS); N.J.S.A. 18A:66-39 to -42 (TPAF); N.J.S.A. 53:5A-9 ... applicant's current employer or employment duty. See, e.g., N.J.S.A. 18A:66-39(b) (TPAF statute allowing the employer to apply for disability retirement on behalf of the employee); N.J.S.A. 18A:66-39(c) (TPAF statute requiring employer certification as part of application ... applicant is 'incapacitated for the performance of duty.' E.g., N.J.S.A. 18A:66-39(b). True, the TPAF and PERS statutes allow membership to ... PFRS); N.J.S.A. 43:15A-42, -43 (PERS); N.J.S.A. 18A:66-39 (TPAF); see also N.J.A.C. 17:2-6 ... disability to be the 'direct result of a traumatic event.' N.J.S.A. 18A:66-39(c) (TPAF); N.J.S.A. 43:15A-43 ( ...

docket:	a2171-16
court:	NJ Superior Court Appellate Division
decided:	2018-05-07
status:	published
citation:	454 N.J.Super. 386 185 A.3d 928
Document Size:	145520

2 S.G v. BOARD OF TRUSTEES TEACHERS' PENSION AND ANNUITY FUND - -- rank: 955

... 2013, petitioner submitted her application for ordinary disability retirement benefits, N.J.S.A. 18A:66-39(b), with an effective retirement date of March 2014.3 ... her April 9, 2013 injury. A-3834-19 4 benefits, N.J.S.A. 18A:66-39(c). On March 16, 2014, the Board denied petitioner's ... State public retirement systems,' including ordinary disability benefits pursuant to N.J.S.A. 18A:66-39(b). In re Adoption of N.J.A.C. 17 ... in order to qualify for ordinary disability retirement benefits under N.J.S.A. 18A:66-39(b), an applicant must establish by a preponderance of the ... for the performance of duty and should be retired.'' (quoting N.J.S.A. 18A:66-39(b))). A disabling condition requires an applicant to prove 'incapacity ... s inclusion of the term 'physically or mentally incapacitated,' see N.J.S.A. 18A:66-39(b) (requiring proof 'the [applicant] is physically or mentally ...

docket:	a3834-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-21
status:	Unpublished
citation:
Document Size:	43578

3 JACLYN THOMPSON v. BOARD OF TRUSTEES TEACHERS PENSION AND ANNUITY FUND -- rank: 885

... result of the performance of his regular or assigned duties." N.J.S.A. 18A:66-39(c). It is undisputed that petitioner is permanently and totally ... work connection." Patterson , supra , 194 N.J. at 42; compare N.J.S.A. 18A:66-39(c) (providing access to accidental disability if the applicant "is ... of the performance of his regular or assigned duties"), with N.J.S.A. 18A:66-39(b) (requiring only a showing that the applicant is "physically ... annuity of 72.7 percent of annual compensation); and compare N.J.S.A. 18A:66-39(b) (requiring ten years of service for ordinary disability pension), with N.J.S.A. 18A:66-39(c) (imposing no minimum years of service for accidental disability ... s Retirement System (PFRS), but noted that the TPAF in N.J.S.A. 18A:66-39 "conditions the grant of accidental disability benefits on satisfying ...

docket:	a5028-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-11
status:	published
citation:	449 N.J.Super. 478 158 A.3d 1195
Document Size:	104278

4 RITA LINDER-LAVERY - v. BOARD OF TRUSTEES TEACHERS PENSION AND ANNUITY FUND - -- rank: 813

... TPAF) denying her application for accidental disability benefits pursuant to N.J.S.A. 18A:66-39. For the reasons that follow, we affirm. I. The Administrative ... a direct result of a traumatic event as required by N.J.S.A. 18A:66-39(c). The Board also reasoned that because the ALJ found ... Pension & Annuity Fund , 164 N.J. 564 , 573 (2000) (citing N.J.S.A. 18A:66-39(b), (c)). The Supreme Court evaluated the requirements for an ... is faithful to the Legislature's restorative vision in amending N.J.S.A. 18A:66-39(c). As we previously noted, the amendment was not transformative ... and that she was not totally and permanently disabled under N.J.S.A. 18A:66-39(b). Applying our highly deferential standard of review, we conclude ... result of the performance of [her] regular or assigned duties[.]" N.J.S.A . 18A:66-39(c). See   Kasper , supra , 164 N.J. at 588 ( ...

docket:	a5534-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-08-10
status:	Published
citation:
Document Size:	33427

5 THOMAS MULCAHEY v. BOARD OF TRUSTEES TEACHERS' PENSION AND ANNUITY FUND -- rank: 754

... Deputy Attorney General, on the brief). PER CURIAM Pursuant to N.J.S.A. 18A:66-39(c) (the Act), a member of the Teachers' Pension and ... and as a result of . . . his regular or assigned duties . . . [?]' N.J.S.A. 18A:66-39(c). The facts are essentially undisputed. Thomas Mulcahey first became ... statutory qualification as relating to 'regular and assigned duties,' whereas N.J.S.A. 18A:66-39(c) refers to 'regular or assigned duties.' 3 The parties ... of his regular or assigned duties' as [a] teacher[].' (quoting N.J.S.A. 18A:66-39(c)); see Kasper, 164 N.J. at 573-74 (recognizing ... the performance of [the employee's] regular or assigned duties,' N.J.S.A. 18A:66- 39(c), share the recurring theme that, assuming all other statutory ...

docket:	a5146-16
court:	NJ Superior Court Appellate Division
decided:	2019-06-03
status:	Unpublished
citation:
Document Size:	25395

6 WILLIAM H. VINA v. BOARD OF TRUSTEES TEACHERS' PENSION AND ANNUITY FUND -- rank: 737

... denying his application for accidental disability retirement benefits pursuant to N.J.S.A. 18A:66-39(c). The parties have stipulated to the following facts. Vina ... result of the performance of his regular or assigned duties.' N.J.S.A. 18A:66-39(c); accord Kasper, 164 N.J. at 573. Vina argues ... result of the performance of his regular or assigned duties.' N.J.S.A. 18A:66-39(c). At the hearing, Vina did not offer an corroborating ... injured during the course of 'his regular or assigned duties.' N.J.S.A. 18A:66-39(c). Lastly, Vina points to the stipulation that his fall ... still performing 'his regular or assigned duties' when he fell. N.J.S.A. 18A:66-39(c); see also Mattia, 455 N.J. Super. at 223 ...

docket:	a1737-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-26
status:	Unpublished
citation:
Document Size:	27097

7 LAURA LETTIS-YILMAZ v. BOARD OF TRUSTEES TEACHERS' PENSION AND ANNUITY FUND -- rank: 733

... of duty and should be A-1992-20 7 retired.' N.J.S.A. 18A:66-39(b). 'The applicant for ordinary disability retirement benefits has the ... was whether Lettis-Yilmaz satisfied the requirements set forth in N.J.S.A. 18A:66-39(b) for the award of ordinary disability retirement benefits. However ... the WCA may use terms similar to those found in N.J.S.A. 18A:66-39(b), the statutory schemes are distinct. For example, federal law ... 62 (1975)). These standards differ from those set forth in N.J.S.A. 18A:66-39(b). In addition, Lettis-Yilmaz was awarded workers' compensation benefits ... 10 The Board, however, was limited in its analysis under N.J.S.A. 18A:66-39(b) to 'the medical conditions described on the . . . application submitted ...

docket:	a1992-20
court:	NJ Superior Court Appellate Division
decided:	2022-08-23
status:	Unpublished
citation:
Document Size:	21485

8 WESLEY LITTLE v. BOARD OF TRUSTEES TEACHERS' PENSION AND ANNUITY FUND - -- rank: 726

... or her] regular or assigned A-2976-19 2 duties.' N.J.S.A. 18A:66-39(c). Before considering such an application, a physician designated by ... met the 'direct result' prong of the Richardson test, and N.J.S.A. 18A:66-39(c).' In support of this conclusion, the ALJ relied upon ... all public retirement systems, the TPAF provides for both ordinary, N.J.S.A. 18A:66-39(b), and accidental, N.J.S.A. 18A:66-39(c), disability benefits. The principal difference between ordinary and accidental ... The qualifications to be awarded accidental disability retirement benefits under N.J.S.A. 18A:66-39(c) are therefore more restrictive than ordinary disability benefits. Our ...

docket:	a2976-19
court:	NJ Superior Court Appellate Division
decided:	2022-04-06
status:	Unpublished
citation:
Document Size:	46594

9 ROBERT WUNDER v. TEACHERS' PENSION AND ANNUITY FUND -- rank: 692

... denying his application for ordinary disability retirement benefits pursuant to N.J.S.A. 18A:66-39. The Board determined Wunder did not establish he was permanently ... he does not suffer from a permanent mental disability under N.J.S.A. 18A:66-39. Wunder filed an administrative appeal of the Board's denial ... Pension & Annuity Fund , 164 N.J. 564, 573 (2000) (citing N.J.S.A. 18A:66-39(b), (c)). A teacher who is a member of the ... the performance of duty and should be retired.'" Ibid. (quoting N.J.S.A. 18A:66-39(b)). "The applicant for ordinary disability retirement benefits has the ...

docket:	a4527-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-17
status:	unpublished
citation:
Document Size:	35213

10 Christopher Mount v. Board of Trustees, Police and Firemen’s Retirement System -- rank: 688

... 5A-10(a); and the Teachers’ Pension and Annuity Fund, N.J.S.A. 18A:66-39(c), all offer accidental disability benefits. The requirements for accidental ... who taught students with disabilities sought accidental disability benefits under N.J.S.A. 18A:66-39(c), a provision addressing such claims when they are asserted ...

docket:	a_9_16
court:	NJ Supreme Court
decided:	2018-06-05
status:
citation:
Document Size:	79179

11 Christopher Mount v. Board of Trustees, Police and Firemen’s Retirement System -- rank: 688

... 5A-10(a); and the Teachers’ Pension and Annuity Fund, N.J.S.A. 18A:66-39(c), all offer accidental disability benefits. The requirements for accidental ... who taught students with disabilities sought accidental disability benefits under N.J.S.A. 18A:66-39(c), a provision addressing such claims when they are asserted ...

docket:	a_83_16
court:	NJ Supreme Court
decided:	2018-06-05
status:
citation:
Document Size:	79181

12 BOBBI MERCE FOR DONALD MERCE v. TEACHERS' PENSION AND ANNUITY FUND -- rank: 671

... 564 , which considered a claim for accidental disability benefits under N.J.S.A. 18A:66-39(c), as an example of the liberal approach courts must ... result of the performance of his regular or assigned duties." N.J.S.A. 18A:66-39(c). The Court allowed the benefit, because the employee was ...

docket:	a0540-11
court:	NJ Superior Court Appellate Division
decided:	2012-08-28
status:	unpublished
citation:
Document Size:	28909

13 PATRICIASANTANGELO v. BOARD OF TRUSTEES, TEACHERS PENSION AND ANNUITY FUND - -- rank: 633

... incapacitated for the performance of duty and should be retired.' N.J.S.A. 18A:66- 39(b). Fund members who have discontinued service for more than ... her cancer diagnosis meets the burden of incapacity pursuant to N.J.S.A. 18A:66-39(b). Pursuant to N.J.A.C. 17:3-6 ... for the performance of [her] duty and should be retired.' N.J.S.A. 18A:66-39(b). Petitioner cannot claim that her cancer diagnosis and treatment ...

docket:	a4112-15
court:	NJ Superior Court Appellate Division
decided:	2018-02-28
status:	unpublished
citation:
Document Size:	22020

14 Kasper v. Board of Trustees of the Teachers' Pension and Annuity Fund -- rank: 626

... out of time under the five year statute of limitations. N.J.S.A. 18A:66-39(c). However, the Board waived that defect. Footnote: 2      2 ...

docket:	a-33-99
court:	njsupreme
decided:	2000-07-18
status:
citation:	164 N.J. 564
Document Size:	52143

15 J.M.F v. DEPARTMENT OF TREASURY DIVISION OF PENSIONS AND BENEFITS - -- rank: 626

... denying her application for accidental disability retirement benefits pursuant to N.J.S.A. 18A:66-39(c). She also appeals from a January 24, 2019 TPAF ... the TPAF provides for both ordinary and accidental retirement benefits. N.J.S.A. 18A:66-39. The principal difference between ordinary and accidental disability retirement 'is ... result of the performance of his regular or assigned duties . . . .' N.J.S.A. 18A:66-39(c); accord Kasper v. Bd. of Trs., Teachers' Pension & Annuity ...

docket:	a2658-18
court:	NJ Superior Court Appellate Division
decided:	2021-09-28
status:	Unpublished
citation:
Document Size:	40471