Search Rutgers Law Library N.J. Court Opinions

1 State v. Bennie Anderson -- rank: 1000

... compel the total forfeiture of defendant’s pension pursuant to N.J.S.A. 43:1-3.1. The trial court entered summary judgment for the State, finding ... 288 (2020). HELD: The forfeiture of defendant’s pension under N.J.S.A. 43:1-3.1 does not constitute a fine for purposes of an excessive ... 78. (pp. 17-18) 3. In 2007, the Legislature added N.J.S.A. 43:1-3.1 -- the statute pursuant to which the State seeks forfeiture of defendant’s pension. N.J.S.A. 43:1-3.1(a) provides that a public employee “who is convicted ... of the pension or retirement benefit earned.” (emphasis added). N.J.S.A. 43:1-3.1 was in effect in 2012 when defendant’s offense occurred ... the Court concludes that the forfeiture worked by operation of N.J.S.A. 43:1-3.1 is not a fine, the Court does not reach ...

docket:	a-15-16-20
court:	NJ Supreme Court
decided:	2021-08-11
status:
citation:
Document Size:	80979

2 STATE OF NEW JERSEY v. DAVID ORTMANN -- rank: 900

... THE COURT ERRED IN DENYING APPELLANT AN[] EVIDENTIARY HEARING AS N.J.S.A. 43:1- 3.1 IS UNCONSTITUTIONAL AS APPELLANT HAS BEEN DENIED HIS STATE CONSTITUTIONAL DUE PROCESS RIGHTS. A-1530-18T2 2 A. N.J.S.A. 43:1-3.1 DEPRIVES APPELLANT OF HIS PROCEDURAL DUE PROCESS RIGHTS. B. APPELLANT ... III ASSUMING ARGUENDO THAT THE COURT DOES NOT FIND THAT N.J.S.A. 43:1-3.1 […] VIOLATE[D] OFFICER ORTMANN'S DUE PROCESS RIGHT[S ... constituted a crime substantially similar to the crimes enumerated under N.J.S.A. 43:1-3.1(b) which required the complete forfeiture of all benefits earned ... arguments and specifically concluded that the Legislature's enactment of N.J.S.A. 43:1-3.1 did not violate the separation of powers doctrine and the ... no facts in dispute' regarding whether Ortmann's crime violated N.J.S.A. 43:1-3.1. With respect to Ortmann's equal protection claim, the ...

docket:	a1530-18
court:	NJ Superior Court Appellate Division
decided:	2020-04-08
status:	Unpublished
citation:
Document Size:	33270

3 JOSEPH VAS v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM OF NEW JERSEY - -- rank: 842

... and Benefits (Division) deeming Vas forfeited his pension benefits under N.J.S.A. 43:1-3.1 after pleading guilty to criminal charges related to his service ... which Vas pleaded guilty occurred after the effective date of N.J.S.A. 43:1-3.1,1 the statute governing forfeiture of pension benefits for offenses ... credits. Based on Vas's convictions for crimes enumerated under N.J.S.A. 43:1- 3.1, including a pattern of official misconduct and money laundering, the ... 53 (2021). In Anderson, the Court reviewed the validity of N.J.S.A. 43:1-3.1. That statute provides: A person who holds or has held ... position, or employment, elective or appointive, under 1 As amended, N.J.S.A. 43:1-3.1 became effective on April 14, 2007. A-2848-21 3 ... the specific public office or employment held by the person. [N.J.S.A. 43:1-3.1(a).] Subsection b. of the statute identifies the crimes ...

docket:	a2848-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-26
status:	Unpublished
citation:
Document Size:	21543

4 STATE OF NEW JERSEY v. PHILIP D. ZACCHE -- rank: 822

... compelling the forfeiture of his retirement pension in accordance with N.J.S.A. 43:1-3.1. We affirm, substantially for the reasons set forth in Judge ... for a crime substantially similar to the crimes enumerated under N.J.S.A. 43:1- - 3.1(b), which required the complete forfeiture of all benefits he ... AS THE AMOUNT OF THE MEMBER'S SERVICE. POINT II N.J.S.A. 43:1-3.1 IS UNCONSTITUTIONAL AS A VIOLATION OF [DEFENDANT'S] RIGHT TO PROCEDURAL DUE PROCESS OF LAW. POINT III N.J.S.A. 43:1-3.1 IS UNCONSTITUTIONAL BECAUSE IT DEPRIVES [DEFENDANT] OF HIS RIGHT TO ... which will circumvent the plain meaning' of a statute. Ibid. N.J.S.A. 43:1-3.1(a) provides, in part: A person who holds [a] or ... the specific public office or employment held by the person. [N.J.S.A. 43:1-3.1(a).] Like all statutes, N.J.S.A. 43: ...

docket:	a5118-18
court:	NJ Superior Court Appellate Division
decided:	2020-12-02
status:	Unpublished
citation:
Document Size:	23083

5 RONALDSALAHUDDIN v. BOARD OF TRUSTEES, PUBLIC EMPLOYEES' RETIREMENT SYSTEM - -- rank: 811

... 5588-15T2 disqualify him from public office, as required under N.J.S.A. 43:1-3.1. That forfeiture action was resolved by a consent order entered ... covered the office, position or employment involved in the offense.' N.J.S.A. 43:1-3.1(a). A crime or offense that 'involves or touches such ... person. Ibid. The convictions that trigger the mandatory forfeiture under N.J.S.A. 43:1-3.1 include certain indictable crimes in the State of New Jersey ... been such a crime [in New Jersey.]' Ibid. Nothing in N.J.S.A. 43:1-3.1 precludes the Board from ordering the forfeiture of all or ... not enter an order of forfeiture pursuant to this section. [N.J.S.A. 43:1-3.1(e).] Accordingly, the Board is permitted to seek pension forfeiture ... 1-3, in addition to the pension forfeiture mandated by N.J.S.A. 43:1-3.1. 2. The Board's Decision Here, petitioner was convicted ...

docket:	a5588-15
court:	NJ Superior Court Appellate Division
decided:	2018-03-01
status:	unpublished
citation:
Document Size:	37933

6 MARIANO VEGA v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM -- rank: 787

... through PERS, but the Board denied his application, reasoning that N.J.S.A. 43:1-3.1 mandated total forfeiture of his benefits. Relying on State v ... crime is substantially similar to an enumerated offense outlined in N.J.S.A. 43:1-3.1[,] . . . any and all pension benefits resultant from . . . Vega's PERS ... covered the office, position or employment involved in the offense. [ N.J.S.A. 43:1-3.1(a) (emphasis added).] The crime or offense must have been ... of unlawful benefit by [a] public servant for official behavior.' N.J.S.A. 43:1-3.1(b)(11). In situations where total forfeiture is not required by N.J.S.A. 43:1-3.1, forfeiture may still be imposed in full or in part ... Ret. Sys., 130 N.J. 539, 552 (1992); see also N.J.S.A. 43:1-3.1(e) ('Nothing in this section shall . . . preclude the . . . board ...

docket:	a5940-17
court:	NJ Superior Court Appellate Division
decided:	2020-02-20
status:	Unpublished
citation:
Document Size:	26363

7 STATE OF NEW JERSEY v. BENNIE ANDERSON -- rank: 742

... of his entire pension for two reasons. First, by enacting N.J.S.A. 43:1-3.1, the Legislature expressed its clear intent that such a remedy ... 2. Second, as to his pension, the court relied on N.J.S.A. 43:1-3.1 and State v. Steele, 420 N.J. Super. 129 (App ... employee.' The trial court also noted that the Legislature amended N.J.S.A. 43:1-3.1 to mandate the complete forfeiture of a public employee's ... State's motion. The court rejected defendant's arguments that N.J.S.A. 43:1-3.1 violated the Excessive Fines Clause of the Eighth Amendment of ... We note that defendant does not challenge the applicability of N.J.S.A. 43:1-3.1 to the facts before us. In this regard, defendant does ... required to order a complete forfeiture of his pension. See N.J.S.A. 43:1- 3.1(c)(1) ('A court of this State shall enter ...

docket:	a4289-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-30
status:	Published
citation:
Document Size:	43810

8 WILLIAM LUNGER v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 705

... official misconduct conviction required the forfeiture of his pension under N.J.S.A. 43:1-3.1(b); he is ineligible to apply for ordinary disability retirement ... directly touches on his employment as a sheriff's officer. N.J.S.A. 43:1-3.1 provides 'for 'mandatory forfeiture of A-1879-17T3 6 retirement ... touches' his office, position or employment.' Id. at 134 (quoting N.J.S.A. 43:1- 3.1(a)). Official misconduct, N.J.S.A. 2C:30-2 ... conviction of which requires mandatory forfeiture of retirement benefits under N.J.S.A. 43:1-3.1(a). N.J.S.A. 43:1-3.1(b)(17). Where the crime touches on a PFRS member ... the offense.' Steele, 420 N.J. Super. at 133 (quoting N.J.S.A. 43:1-3.1(a)). Lunger's conviction of official misconduct required forfeiture ...

docket:	a1879-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-20
status:	Unpublished
citation:
Document Size:	19537

9 MICHAEL LALLEY v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 682

... the serious nature of witness tampering. In 2007, it enacted N.J.S.A. 43:1-3.1. Subsection (a) provides in pertinent part: A person who holds ... the specific public office or employment held by the person. [N.J.S.A. 43:1-3.1(a).] Tampering with witnesses, in violation of N.J.S ... one of the enumerated crimes to which subsection (a) applies. N.J.S.A. 43:1-3.1(b)(14). A-5682-17T4 15 Lalley was convicted of ...

docket:	a5682-17
court:	NJ Superior Court Appellate Division
decided:	2019-12-27
status:	Unpublished
citation:
Document Size:	32322

10 ERIC J. REAMY v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 680

... 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.S.A ... 24-4(a)(1) is not an enumerated offense, see N.J.S.A. 43:1-3.1(b). A-3741-18T2 9 similar considerations; (10) the availability ...

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

11 JOHN CAUCINO v. BOARD OF TRUSTEES, TEACHERS' PENSION AND ANNUITY FUND -- rank: 678

... 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 make ...

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

12 STATE OF NEW JERSEY v. MICHAEL STEELE -- rank: 671

... 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 January ... 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 law ... 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 holds ...

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

13 STEVE JONES v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 665

... 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 the Board ...

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

14 /usr/local/share/www/libweb/collections/courts/appellate/a0522-16.opn.html -- rank: 638

... 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 is ... 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 of petitioner ...

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

15 STATE OF NEW JERSEY v. NIKITA CARDWELL -- rank: 631

... 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, defendant ...

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