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1 James v. Board of Trustees of the Public Employees' Retirement System -- rank: 1000

... bodied workforce is protected by the involuntary retirement provisions of N.J.S.A. 43:15A-42 and 43. These provisions allow an employer to remove an ... employer from initiating an involuntary disability retirement proceeding, pursuant to N.J.S.A. 43:15A-42, regarding a fifty-seven-year old employee. The employee was ... approval , Smith , supra , 57 N.J. at 374). See also N.J.S.A. 43:15A-42 and never intended in any way to affect the continued ... 1 does not constitute an implied repeal of part of N.J.S.A. 43:15A-42. [193 N.J. Super. at 236-237.]     In Szczepanik , supra ... to entitle her to an ordinary disability retirement pension. See N.J.S.A. 43:15A-42.     In holding that the employer must make the pension contributions ... s interests are protected by the involuntary retirement provisions of N.J.S.A. 43:15A-42 that permit the employer to remove an incapacitated employee ...

docket:	a-21-99
court:	njsupreme
decided:	2000-06-20
status:
citation:	164 N.J. 396
Document Size:	51078

2 /usr/local/share/www/libweb/collections/courts/appellate/a4998-16.opn.html -- rank: 948

... petitioner submitted an application to PERS for ODRB pursuant to N.J.S.A. 43:15A-42. On December 10, 2014, the Board of Trustees (Board) of ... matter of law, she was entitled to ODRB pursuant to N.J.S.A. 43:15A-42. In pertinent part, such statute states: A member [of PERS ... for ODRB benefits, she was entitled to ODRB pursuant to N.J.S.A. 43:15A-42. The Board argued she was not entitled to these benefits ... his initial decision, the ALJ framed the issue as whether ' N.J.S.A. 43:15A-42 require[s] a member to prove the disability existed when ... Legislature intended.' The Board focused upon the following language of N.J.S.A. 43:15A-42 to conclude a member must be in public service employment ... result.' The Board found it would be 'egregious' to interpret N.J.S.A. 43:15A-42 to mean that a PERS member who A-4998- ...

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

3 IN RE ADOPTION OF N.J.A.C. 17:1-6.4, 17:1-7.5 and 17:1-7.10. -- rank: 842

... N.J.S.A. 43:16A-6 to -7 (PFRS); N.J.S.A. 43:15A-42 to -46 (PERS); N.J.S.A. 18A:66-39 ... E.g., N.J.S.A. 43:16A-8 (PFRS); N.J.S.A. 43:15A-42, -43 (PERS); N.J.S.A. 18A:66-39 (TPAF ...

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

4 CHERIE MITCHELL v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM - -- rank: 798

... is entitled to ordinary disability retirement (ODR) pension benefits. See N.J.S.A. 43:15A-42. We have considered these arguments in light of the record ... other public retirement systems, PERS provides for both ODR benefits, N.J.S.A. 43:15A-42, and ADR benefits, N.J.S.A. 43:15A-43 ... incapacitated for the performance of duty and should be retired.' N.J.S.A. 43:15A-42. The ADR statute uses similar language. See N.J.S ...

docket:	a2642-21
court:	NJ Superior Court Appellate Division
decided:	2023-08-31
status:	Unpublished
citation:
Document Size:	38575

5 PATRICIA TOSCANO v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM -- rank: 740

... PERS) denying her application for ordinary disability retirement benefits under N.J.S.A. 43:15A-42. The Board adopted the initial decision of the Administrative Law ... PERS provides for both ordinary and accidental disability retirement benefits. N.J.S.A. 43:15A-42, -43. The principal difference between ordinary and accidental disability retirement ... incapacitated for the performance of duty and should be retired.' N.J.S.A. 43:15A-42. To meet that standard, an applicant must prove they have ...

docket:	a0861-20
court:	NJ Superior Court Appellate Division
decided:	2022-05-09
status:	Unpublished
citation:
Document Size:	60233

6 JENNY STANKOWSKI v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM -- rank: 726

... Pension & Annuity Fund, 164 N.J. 564, 573-74 (2000); N.J.S.A. 43:15A-42 (ordinary disability retirement under PERS). However, a petitioner does not ...

docket:	a0450-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-28
status:	Unpublished
citation:
Document Size:	31570

7 JERRI TREVINO v. BOARD OF TRUSTEES PUBLIC EMPLOYEES' RETIREMENT SYSTEM -- rank: 685

... 2012, denying her application for ordinary disability retirement benefits under N.J.S.A. 43:15A-42. We affirm. I. In September 1986, appellant began working in ... progressive" and she was not disabled within the intendment of N.J.S.A. 43:15A-42. The ALJ issued an initial decision in which she concluded ... In order to qualify for ordinary disability retirement benefits under N.J.S.A. 43:15A-42, a member of the PERS must establish by a preponderance ... for the performance of duty and should be retired" under N.J.S.A. 43:15A-42. The Board also noted that Dr. Gray and Dr. Clinton ... prove that she qualifies for ordinary disability benefits pursuant to N.J.S.A. 43:15A-42 is based on sufficient credible evidence in the record. Taylor ...

docket:	a3119-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-30
status:	unpublished
citation:
Document Size:	23733

8 FRANCIS CHIARELLO v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM -- rank: 679

... September 22, 2011, expressing the Board's view that: (1) N.J.S.A. 43:15A-42, which governs ordinary disability retirements, and N.J.A.C ... and separate locations in New Jersey Statutes Annotated , i.e., N.J.S.A. 43:15A-42 to -46, while retirements for age are dealt with in ...

docket:	a1199-11
court:	NJ Superior Court Appellate Division
decided:	2012-12-20
status:	published
citation:	429 N.J.Super. 194 57 A.3d 567
Document Size:	28023

9 COUNTY OF CAMDEN v. BOARD OF TRUSTEES PUBLIC EMPLOYEES' RETIREMENT SYSTEM -- rank: 655

... on Simon's application for ordinary disability benefits pursuant to N.J.S.A. 43:15A-42." Ibid. Prior to the commencement of the OAL hearing, the ... permits a member to file an application for ordinary disability. N.J.S.A. 43:15A-42. "Member" is defined at N.J.S.A. 43:15A ... for eligibility makes no distinction between elected and appointed offices. N.J.S.A. 43:15A-42. Title 15A also provides that membership in PERS extends for ...

docket:	a6900-03
court:	NJ Superior Court Appellate Division
decided:	2005-12-29
status:	published
citation:
Document Size:	32678

10 DAVID TELOFSKI v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM -- rank: 645

... and permanently disabled, and granting petitioner ordinary disability retirement benefits, N.J.S.A. 43:15A-42. However, the Board rejected the ALJ's legal conclusion that ... 171 (App. Div. 2018). The PERS provides for both ordinary, N.J.S.A. 43:15A-42, and accidental, N.J.S.A. 43:15A-43, disability ...

docket:	a0048-17
court:	NJ Superior Court Appellate Division
decided:	2018-11-07
status:	Unpublished
citation:
Document Size:	19464

11 County of Camden v. Board of Trustees of the Public Employees Retirement System -- rank: 645

... William Simon's application for ordinary disability benefits pursuant to N.J.S.A. 43:15A-42. 1. Standing to seek judicial review of an administrative agency ... on Simon's application for ordinary disability benefits pursuant to N.J.S.A. 43:15A-42.                         IV.     The judgment of the Appellate Division is reversed and ...

docket:	a-86-00
court:	njsupreme
decided:	2002-02-20
status:
citation:	170 N.J. 439
Document Size:	40855

12 DENISE BROWN - v. BOARD OF TRUSTEES PUBLIC EMPLOYEES' RETIREMENT SYSTEM - -- rank: 610

... 2009, denying her application for ordinary disability retirement benefits under N.J.S.A. 43:15A-42. We affirm. Brown was employed by the City of Paterson ... was not entitled to ordinary disability retirement benefits pursuant to N.J.S.A. 43:15A-42. Brown filed exceptions to the ALJ's initial decision. The ... In order to qualify for ordinary disability retirement benefits under N.J.S.A. 43:15A-42, a member of the PERS must establish by a preponderance ... show that she qualifies for ordinary disability benefits pursuant to N.J.S.A. 43:15A-42. The Board adopted the ALJ's findings of fact, which ...

docket:	a0003-09
court:	New Jersey Superior Court Appellate Division
decided:	2011-04-07
status:	unpublished
citation:
Document Size:	15268

13 Annie James v. Board of Trustees, Public Employees Retirement System -- rank: 607

... she now seeks or for ordinary disability retirement pursuant to N.J.S.A. 43:15A-42.     Thus the issue squarely presented by this appeal is whether ...

docket:	a3189-97
court:	njappellate
decided:	1999-04-30
status:	published
citation:	<a href=
Document Size:	35819

14 LOIS SPAZIANI v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM - -- rank: 600

... Board) denying her application for ordinary disability retirement benefits under N.J.S.A. 43:15A-42. We affirm. Appellant worked as a charge nurse at Hagedorn ... Terminix Int'l, Inc., 109 N.J. 575, 588 (1988). N.J.S.A. 43:15A-42 provides that a Public Employees' Retirement System member is eligible ... of proving she qualified for ordinary disability benefits pursuant to N.J.S.A. 43:15A-42. Because the Board's determination was neither arbitrary, capricious, nor ...

docket:	a4622-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-03
status:	Unpublished
citation:
Document Size:	16844

15 FAYE BROWN v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM - -- rank: 587

... incapacitated for the performance of duty and should be retired.' N.J.S.A. 43:15A-42; N.J.A.C. 17:2-6.7(a)(2 ...

docket:	a0021-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-24
status:	Unpublished
citation:
Document Size:	23617