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

... Petitioner also was awarded permanent partial disability benefits pursuant to N.J.S.A. 43:15A-43, only members of PERS are permitted to file such applications ...

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

2 IN RE ADOPTION OF N.J.A.C. 17:1-6.4, 17:1-7.5 and 17:1-7.10. -- rank: 911

... event.' N.J.S.A. 18A:66-39(c) (TPAF); N.J.S.A. 43:15A-43 (PERS); N.J.S.A. 43:16A-7(1) (PFRS ... TPAF); N.J.S.A. 43:16A-6(1) (PFRS); N.J.S.A. 43:15A-43 (PERS). And the NJEA concedes that under the statutes, members ...

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

3 SHARON K. SMITH v. STATE OF NEW JERSEY, DEPARTMENT OF TREASURY, DIVISION OF PENSIONS AND BENEFITS -- rank: 851

... may be eligible for accidental disability pension benefits, pursuant to N.J.S.A. 43:15A-43, when the traumatic event that caused the disability occurred before ... totally disabled as a direct result of a traumatic event," N.J.S.A. 43:15A-43, the PERS Board determined that Smith was not eligible for ... time of the application for benefits. We reject this argument. N.J.S.A. 43:15A-43 contains the guidelines for the conferring of such a pension ... benefits after she became a member, the plain language of N.J.S.A. 43:15A-43 permits the relief she seeks. Smith has also invoked Justice ... to the validity of their respective interpretations, we recognize that N.J.S.A. 43:15A-43 does not explicitly reject or embrace either position. It does ... Fund, N.J.S.A. 18A:66-39, and PERS, N.J.S.A. 43:15A-43 -- all of which are similarly worded and similarly interpreted -- ...

docket:	a6002-04
court:	njappellate
decided:	2007-01-29
status:	published
citation:	390 N.J. Super. 209
Document Size:	33534

4 Christopher Mount v. Board of Trustees, Police and Firemen’s Retirement System -- rank: 799

... S.A. 43:7-12; the Public Employees’ Retirement System, N.J.S.A. 43:15A-43; the State Police Retirement System, N.J.S.A. 53 ...

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

5 Christopher Mount v. Board of Trustees, Police and Firemen’s Retirement System -- rank: 799

... S.A. 43:7-12; the Public Employees’ Retirement System, N.J.S.A. 43:15A-43; the State Police Retirement System, N.J.S.A. 53 ...

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

6 ALEXANDER ILIC v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 778

... 43:16A-7(a)(1)). 5 In Crimaldi, we interpreted N.J.S.A. 43:15A-43(a) which governs applications for accidental disability retirement benefits for ... 396 N.J. Super. at 605-07. The language in N.J.S.A. 43:15A-43(a) setting a five-year deadline for the filing of ... N.J.S.A. 43:16A-7(a)(1). Compare N.J.S.A. 43:15A-43(a) with N.J.S.A. 43:16A-7(a ...

docket:	a2889-19
court:	NJ Superior Court Appellate Division
decided:	2022-02-07
status:	Unpublished
citation:
Document Size:	53833

7 JAMES HENDERSON - v. BOARD OF TRUSTEES, PUBLIC EMPLOYEES\' RETIREMENT SYSTEM -- rank: 770

... denying his application for accidental disability retirement (ADR) benefits under N.J.S.A. 43:15A-43. We reverse and remand for award of ADR benefits to ... sustained as a result of a "trau­matic event" under N.J.S.A. 43:15A-43 and relevant case law. However, it found that the June ... which aggravated and accelerated his pre-existing lower back pathology. N.J.S.A. 43:15A-43 mandates that a mem­ber of the PERS seeking an ... a direct result of a traumatic event as defined by N.J.S.A. 43:15A-43 and case law. Therefore, the Board rejects the Initial Decision ... the performance of duty shall be deemed an ordinary disability. [ N.J.S.A. 43:15A-43 (emphasis added).] "Pension statutes are to be liberally construed to ... c. 158, § 1. We had construed the 1959 version of N.J.S.A. 43:15A-43 "with regard to a person suffering from a preexisting ...

docket:	a6176-08
court:	superior court appellate division
decided:	2010-03-03
status:	Unpublished
citation:
Document Size:	87570

8 EDWARD DINATALE v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM - -- rank: 752

... for ADR benefits under the 'direct result' test prescribed by N.J.S.A. 43:15A-43. Under that law, '[a] [PERS] member who has not attained ... result of the performance of his regular or assigned duties[] . . . .' N.J.S.A. 43:15A-43. If the petitioner's disability is not 'directly caused' by ... the substantive principles of law that apply to this matter, N.J.S.A. 43:15A-43 affords ADR benefits, in the form of an additional monthly ... Gerba, the Court noted that in 1966, the Legislature amended N.J.S.A. 43:15A-43 with purpose to 'impose a more exacting standard of medical ... cause of an 'accidental' disability, what is now required by N.J.S.A. 43:15A-43 is a traumatic event that constitutes the essential significant or ... Gerba, the Court explained that 'what is now required by N.J.S.A. 43:15A-43 is a traumatic event that constitutes the essential significant ...

docket:	a0758-20
court:	NJ Superior Court Appellate Division
decided:	2022-05-03
status:	Unpublished
citation:
Document Size:	37087

9 JOEL MESTRE v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM - -- rank: 744

... to receive accidental disability retirement benefits. In fact, pursuant to N.J.S.A. 43:15A-43(b)(5), which was amended when Chapter 157 was enacted ... medical technicians (EMTs) who are members or retirees of PERS. N.J.S.A. 43:15A- 43(b)(5). An EMT is 'a person trained in basic ... certified by the Department of Health to perform these services.' N.J.S.A. 43:15A-43(b)(5). In October 2019, the Disability Review Section (DRS ... his request for accidental disability retirement benefits because it 'misinterpreted N.J.S.A. 43:15A-43(b)(5) and Chapter 157.' He urges us to 'view ... s decision' so that he qualifies as an EMT under N.J.S.A. 43:15A-43(b)(5). A-3181-20 4 Our review of a ... s A-3181-20 5 June 17 decision. As discussed, N.J.S.A. 43:15A-43(b)(5) allows PERS members or retirees to receive ...

docket:	a3181-20
court:	NJ Superior Court Appellate Division
decided:	2023-04-06
status:	Unpublished
citation:
Document Size:	16032

10 CHERIE MITCHELL v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM - -- rank: 736

... position. Mitchell applied for accidental disability retirement (ADR) benefits, see N.J.S.A. 43:15A-43(a), but the Board of Trustees (Board) of the Public ... W]e review de novo the Board's interpretation of N.J.S.A. [43:15A-43(a)] and our caselaw.' Mount v. Bd. of Trs., Police ... N.J.S.A. 43:15A-42, and ADR benefits, N.J.S.A. 43:15A-43. See Rooth v. Bd. of Trs., Pub. Emps. Ret. Sys ... result of the performance of his regular or assigned duties.' N.J.S.A. 43:15A-43(a). Our courts have concluded that the words 'traumatic event ... 43:15A-42. The ADR statute uses similar language. See N.J.S.A. 43:15A-43(a) (requiring certification that the member 'is physically or mentally ...

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

11 ROBERT SUY HO GO v. PUBLIC EMPLOYEES RETIREMENT SYSTEM -- rank: 736

... the five-year time deadline for such applications established by N.J.S.A. 43:15A-43. Appellant requested a hearing, and the Board transmitted the matter ... the legal standard applied by the ALJ. In pertinent part, N.J.S.A. 43:15A-43 provides that a member of the Public Employees' Retirement System ... she applied in making this determination. Without any citation to N.J.S.A. 43:15A-43 or any court decision interpreting it, 4 the ALJ merely ... The former is not an accidental disability as described by N.J.S.A. 43:15A-43, while the latter can be if the traumatic event is ... result of a [11]  traumatic event.'" Id. at 169 (quoting N.J.S.A. 43:15A-43). The Court further stated that, "[w]hile the   statutory definition ... task, we again describe the appropriate standard. In pertinent part, N.J.S.A. 43:15A-43 provides that an application for an accidental disability pension " ...

docket:	a2726-14
court:	NJ Superior Court Appellate Division
decided:	2016-04-18
status:	unpublished
citation:
Document Size:	38424

12 MARK V. GEISLER - v. BOARD OF TRUSTEES PUBLIC EMPLOYEES' RETIREMENT SYSTEM - -- rank: 718

... denied his application for accidental disability retirement benefits pursuant to N.J.S.A. 43:15A-43. We affirm. Geisler has been employed by the New Jersey ... submitted an application for accidental disability retirement benefits pursuant to N.J.S.A. 43:15A-43, claiming that he was totally and permanently disabled from the ... incident of September 19, 2002, was a "traumatic event" under N.J.S.A. 43:15A-43. The ALJ additionally found that he was not totally and ... his application had been filed within the time required by N.J.S.A. 43:15A-43. The Board considered the matter at its meeting of January ... the September 19, 2002, accident was a "traumatic event" under N.J.S.A. 43:15A-43 because the incident was not "undesigned and unexpected." However, the ... permanently disabled as a direct result of a traumatic event[.]" N.J.S.A. 43:15A-43. A "traumatic event" need not be the sole or ...

docket:	a3162-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-06
status:	unpublished
citation:
Document Size:	24458

13 Annie James v. Board of Trustees, Public Employees Retirement System -- rank: 716

... an application for an accidental disability retirement pension pursuant to N.J.S.A. 43:15A-43. That statute permits "[a] member" who is less than 65 ...

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

14 DELORES FAIRWEATHER v. PUBLIC EMPLOYEES' RETIREMENT SYSTEM -- rank: 703

... did not result from a "traumatic event" as required by N.J.S.A. 43:15A-43, and denied petitioner accidental disability retirement benefits. We reverse. Following ... which occurred during the performance of her assigned duties. See N.J.S.A. 43:15A-43. Disposition of the case therefore turned on whether the incident ... inmates were involved in "traumatic events" within the meaning of N.J.S.A. 43:15A-43. One guard had been kicked in the chest by an ... benefits for failure to satisfy the traumatic event requirement of N.J.S.A. 43:15A-43. This archive is a service of Rutgers School of Law ...

docket:	A1421-03
court:	NJ Superior Court Appellate Division
decided:	2004-11-29
status:	published
citation:	373 N.J. Super. 288 861 A.2d 186
Document Size:	36003

15 ARLENE DENNIS, Petitioner- v. BOARD OF TRUSTEES, PUBLIC EMPLOYEES' RETIREMENT SYSTEM -- rank: 690

... 15A-42, but denying accidental disability retirement benefits, pursuant to N.J.S.A. 43:15A-43, on the ground that petitioner's total and permanent injuries ... does not constitute a traumatic event within the meaning of N.J.S.A. 43:15A-43." Upon further appeal, the Board accepted the finding of the ... result of the performance of [her] regular or assigned duties. . . ." N.J.S.A. 43:15A-43. The requirement of evidence of a "traumatic event" appears, as ... conclusion reached by the Board as to the applicability of N.J.S.A. 43:15A-43 to petitioner's case. We perceive no legal basis for ... fitting comfortably within both the intent and the language of N.J.S.A. 43:15A-43 and the requirements of Kane . Our review of the record ...

docket:	a4957-05
court:	njappellate
decided:	2007-07-11
status:	published
citation:	394 N.J. Super. 484
Document Size:	42046