Search Rutgers Law Library N.J. Court Opinions

1 JOSEPH MANZELLA v. TOWNSHIP OF ROCHELLE PARK -- rank: 1000

... because Manzella had been removed for cause, the provisions of N.J.S.A. 43:15A-38 barred him from receiving the benefit of a deferred retirement ... a hearing. The Board also reiterated its earlier conclusion that N.J.S.A. 43:15A-38 was clear and unambiguous, and precluded granting Manzella the deferred ... 10,000, must be applied retroactively; 2) the provisions of N.J.S.A. 43:15A-38 must be read in p a ri m ateria with ... that Manzella's application for deferred retirement was barred by N.J.S.A. 43:15A-38. That statute provides in pertinent part: Should a member of ... b) A deferred retirement allowance, beginning at the retirement age . . . . [ N.J.S.A. 43:15A-38 (emphasis added).] The forfeiture provisions of N.J.S.A. 43:15A-38 are invoked whenever a public employee has been removed ...

docket:	a4534-06
court:	njappellate
decided:	2008-05-07
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	45267

2 IN RE ADOPTION OF N.J.A.C.17:2-3.8 AND 17:2-3.13 -- rank: 815

... termination of the death benefits for all members established under . . . [ N.J.S.A.] 43:15A-38, 43:15A-41, 43:15A-45, 43:15A-46, 43 ... elected to receive (1) a deferred retirement allowance pursuant to . . . [ N.J.S.A.] 43:15A-38 or (2) early retirement allowances pursuant to subsection b. of ...

docket:	a4327-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-21
status:	Published
citation:	458 N.J.Super. 326 205 A.3d 237
Document Size:	47606

3 /usr/local/share/www/libweb/collections/courts/appellate/a0632-12xx.opn.html -- rank: 809

... these systems after having obtained ten years of service credit. N.J.S.A. 43:15A-38 (PERS); N.J.S.A. 43:16A-11.2 (PFRS ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	136163

4 THOMAS CANNAVO v. HON CHRISTOPHER J. CHRISTIE -- rank: 809

... these systems after having obtained ten years of service credit. N.J.S.A. 43:15A-38 (PERS); N.J.S.A. 43:16A-11.2 (PFRS ...

docket:	a6002-11
court:	NJ Superior Court Appellate Division
decided:	2014-06-26
status:	published
citation:
Document Size:	137144

5 THOMAS CANNAVO v. HON CHRISTOPHER J. CHRISTIE -- rank: 809

... these systems after having obtained ten years of service credit. N.J.S.A. 43:15A-38 (PERS); N.J.S.A. 43:16A-11.2 (PFRS ...

docket:	a5973-11
court:	NJ Superior Court Appellate Division
decided:	2014-06-26
status:	published
citation:	436 N.J.Super. 220 93 A.3d 387
Document Size:	137311

6 DANNY GLENN v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM -- rank: 793

... member of the Public Employees' Retirement System (PERS). Pursuant to N.J.S.A. 43:15A-38, an employee who has completed ten years of service but ... misconduct or delinquency," rendering him ineligible for retirement benefits under N.J.S.A. 43:15A-38. Petitioner appealed the Board's decision, thereby requesting a hearing ... request for a hearing in the OAL and again concluded N.J.S.A. 43:15A-38 prohibited deferred retirement benefits to petitioner. II. In his appeal, petitioner argues the Board erred in interpreting N.J.S.A. 43:15A-38 because he "did not commit an act of 'misconduct' or ... criminal, and therefore does not constitute "misconduct or delinquency" under N.J.S.A. 43:15A-38. We disagree. N.J.S.A. 43:15A-38 provides: Should a member of [PERS], after having completed ...

docket:	a5271-14
court:	NJ Superior Court Appellate Division
decided:	2017-07-21
status:	unpublished
citation:
Document Size:	17258

7 IN THE MATTER OF SUZANNE HESS -- rank: 777

... denying Hess's application for deferred retirement benefits pursuant to N.J.S.A. 43:15A-38. The Board found that "[a]t the time of Hess ... found to be ineligible to receive deferred retirement benefits under N.J.S.A. 43:15A-38. The claimant in Borrello had been dismissed from his public ... argues that her situation is distinguishable from Borrello , and that N.J.S.A. 43:15A-38 does not require forfeiture of a deferred retirement benefit where ... employees' official duties nor otherwise within the express terms of N.J.S.A. 43:15A-38. We agree. The judicial role in reviewing decisions of administrative ... entitlement of public employees to receive a deferred retirement allowance. N.J.S.A. 43:15A-38, which relates to vesting, states in pertinent part: Should a ... the precise issue before us: Whether the deferred retirement provision, N.J.S.A. 43:15A-38, is to be invoked when a public employee is ...

docket:	a2408-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-30
status:	published
citation:	422 N.J. Super. 27 25 A.3d 1199
Document Size:	33482

8 /usr/local/share/www/libweb/collections/courts/appellate/a1352-20.opn.html -- rank: 736

... thus he is ineligible for a deferred retirement pursuant to N.J.S.A. 43:15A-38. At the time of his last pension contribution in September ... 219 N.J. 163, 171 (2014). A-1352-20 5 N.J.S.A. 43:15A-38 provides that: Should a member of the Public Employees' Retirement ... previously held that 'forfeiture of deferred retirement benefits pursuant to N.J.S.A. 43:15A-38 is conditioned on an involuntary removal due to misconduct related ... Super. 70, 78 (App. Div. 1990), the plain language of N.J.S.A. 43:15A-38 makes clear that a member separated from service 'by removal ... s decision to deny deferred retirement benefits in accordance with N.J.S.A. 43:15A-38 is supported by sufficient credible evidence and was neither arbitrary ...

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court:	New Jersey Superior Court Appellate Division
decided:
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citation:
Document Size:	18607

9 /usr/local/share/www/libweb/collections/courts/appellate/a3893-18.opn.html -- rank: 730

... elected to receive (1) a deferred retirement allowance pursuant to [N.J.S.A. 43:15A-38], or (2) early retirement allowances pursuant to [N.J.S ... 43:15A-41(b)] after separation from service pursuant to [ N.J.S.A. 43:15A- 38], if a member dies within [thirty] days after the date ...

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Document Size:	29684

10 IN THE MATTER OF VALERIE JACALONE -- rank: 711

... August 2013, the Board denied Jacalone's application based on N.J.S.A. 43:15A-38, which prohibits a PERS member from receiving deferred retirement benefits ... and agreeing to the order of forfeiture. Thus, she argues, N.J.S.A. 43:15A-38 does not bar her from receiving deferred retirement benefits. We ... that Jacalone's application for deferred compensation was barred by N.J.S.A. 43:15A-38, which states in pertinent part: Should a member of [PERS ... beginning at the retirement age . . . . [(emphasis added).] This provision of N.J.S.A. 43:15A-38 is automatically invoked whenever a public employee has been removed ... we recently highlighted, "[f]orfeiture of deferred benefits pursuant to N.J.S.A. 43:15A-38 is conditioned on an involuntary removal due to misconduct related ... benefit[s]." While what constitutes "conduct related to employment" in N.J.S.A. 43:15A-38 has not been explored in a published opinion since ...

docket:	a1940-13
court:	NJ Superior Court Appellate Division
decided:	2015-07-01
status:	unpublished
citation:
Document Size:	24479

11 GAIL M. COOKSON - v. BOARD OF TRUSTEES, PUBLIC EMPLOYEES\' RETIREMENT SYSTEM -- rank: 692

... deferred retirement allowance when she reaches the age of sixty. N.J.S.A. 43:15A-38. On May 9, 2007, the New Jersey Legislature enacted Public ... s vests upon accrual of ten years of service credits. N.J.S.A. 43:15A-38. At some point it was recognized that the state pension ... retirement benefits pursuant to the benefits payment scheme specified in N.J.S.A. 43:15A-38. According to the Board, Cookson's asserted right to re ... provided under the law governing the retirement system," pursuant to N.J.S.A. 43:15A-38. "To be an unconstitutional impairment of contracts, legislation (1) must ...

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

12 JUDY THORPE v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM - -- rank: 679

... 75, 77 (App. Div. 1998) (second alteration in original) (quoting N.J.S.A. 43:15A-38); see also In re Hess, 422 N.J. Super. 27 ... stating that deferred retirement benefits will be forfeited pursuant to N.J.S.A. 43:15A-38 when the employee has been involuntarily removed from employment due to misconduct related to the employment). In this regard, N.J.S.A. 43:15A-38 plainly states: Should a member of the Public Employees' Retirement ... JJC 'on charges of misconduct or delinquency,' the Board applied N.J.S.A. 43:15A-38 and denied her application in a May 22, 2021 written ... to any of the material facts, and again relying upon N.J.S.A. 43:15A-38, denied this request on May 19, 2022. This appeal followed ... determination that Thorpe was not eligible for deferred retirement benefits. N.J.S.A. 43:15A-38 expressly disallows a claim for deferred retirement benefits to ...

docket:	a3371-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-17
status:	Unpublished
citation:
Document Size:	14852

13 DOUGLAS BORRELLO VS BOARD OF TRUSTEES, PUBLIC EMPLOYEES' RETIREMENT SYSTEM -- rank: 647

... of Trustees denied Borrello's application on the ground that N.J.S.A. 43:15A-38 bars a public employee from obtaining benefits in the event ... that Uricoli was barred from claiming deferred retirement benefits because N.J.S.A. 43:15A-38, contained language disqualifying those convicted of a crime relating to their office. Id. at 74.      N.J.S.A. 43:15A-38 provides that a public employee is disqualified from receiving deferred ... 3 does not expressly repeal the eligibility requirement contained in N.J.S.A. 43:15A-38. Had the Legislature intended to repeal that requirement as it ... retirement benefits was automatically forfeited by the express language of N.J.S.A. 43:15A-38.     Accordingly, the decision of te Board of Trustees is affirmed ...

docket:	a6652-96
court:	njappellate
decided:	1998-06-29
status:	published
citation:	313 N.J.Super. 75
Document Size:	11742

14 DAVID WINKLER v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM - -- rank: 590

... for deferred retirement benefits. On August 18, 2022, relying on N.J.S.A. 43:15A-38, the Board denied his request for benefits, finding him ineligible ... retirement benefits. The Board determined Winkler was ineligible pursuant to N.J.S.A. 43:15A-38 because he was removed 'for cause on charges of misconduct ... his ineligibility for deferred retirement benefits under the application of N.J.S.A. 43:15A-38, which disqualifies a PERS member from receiving benefits if removed ... is clear that 'forfeiture of deferred retirement benefits pursuant to N.J.S.A. 43:15A-38 is conditioned on an involuntary removal due to misconduct related ...

docket:	a1226-22
court:	NJ Superior Court Appellate Division
decided:	2024-01-29
status:	Unpublished
citation:
Document Size:	17817

15 JOHN CAUCINO v. BOARD OF TRUSTEES, TEACHERS' PENSION AND ANNUITY FUND -- rank: 580

... receive: .... (b) A deferred retirement allowance . . . . A-1733-21 15 [ N.J.S.A. 43:15A-38 (emphasis added).] 3 Hess had been a member of the ... the precise issue as whether under the deferred retirement provision, N.J.S.A. 43:15A-38, 'any disqualifying misconduct must in some way involve the employee ...

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