Search Rutgers Law Library N.J. Court Opinions

1 MAURICE B. HILL, JR v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM -- rank: 1000

... Employees' Retirement System (PERS). This case requires us to interpret N.J.S.A. 43:15A-7.5, a statute allowing certain elected officials who had previously ... enacted in 2007, to re-enroll in PERS. We hold N.J.S.A. 43:15A-7.5 applies only to elected officials who had fifteen years ... In 2017, the Legislature enacted amendments to Chapter 92, including N.J.S.A. 43:15A-7.5, which reads as follows: a. The Division of Pensions ... to the Division to enroll Hill in PERS, pursuant to N.J.S.A. 43:15A-7.5. The Division denied the request because Hill had changed ... argued he was eligible for re-enrollment in PERS under N.J.S.A. 43:15A-7.5, and alternatively, was eligible to begin collecting his PERS ... s claim he could continue to participate in PERS under N.J.S.A. 43:15A-7.5. Hill appealed from the Board's decision, but ...

docket:	a1415-21
court:	NJ Superior Court Appellate Division
decided:	2023-04-26
status:	Unpublished
citation:
Document Size:	33970

2 IN RE ADOPTION OF N.J.A.C. 17:1-6.4, 17:1-7.5 and 17:1-7.10. -- rank: 983

... his [or her] service for more than two consecutive years'); N.J.S.A. 43:15A-7(e) (PERS) (indicating that '[m]embership of any person in ...

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 /usr/local/share/www/libweb/collections/courts/supreme/a0516-15.opn.html -- rank: 866

... participation and accrual of service credit, following the adoption of N.J.S.A. 43:15A-7.2. The statute provides individuals engaged under a professional services ... are ineligible for PERS enrollment as of January 1, 2008. N.J.S.A. 43:15A-7.2(a). The Board adopted and affirmed the initial decision ... PERS credit. On appeal, Platt argues the Board erroneously applied N.J.S.A. 43:15A-7.2 to the facts and circumstances presented because she was ... in PERS participation, as of January 1, 2008, pursuant to N.J.S.A. 43:15A-7.2(a). Platt filed exceptions to the ALJ's decision ... of related statutes, directed to modifying PERS. At issue is N.J.S.A. 43:15A-7.2, which changed eligibility rules for pension participation by individuals ... contracts or as independent contractors. Addressing providers of professional services, N.J.S.A. 43:15A-7.2 states, in pertinent part: a. A person who ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	49570

4 THOMAS LANZA v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM -- rank: 855

... in PERS, effective January 1, 2008, following the adoption of N.J.S.A. 43:15A-7.2. N.J.S.A. 43:15A-7.2(a) prohibits membership in PERS as of January 1 ... LPCL), N.J.S.A. 40A:11-1 to -52. N.J.S.A. 43:15A-7.2(b) imposes the same prohibition on independent contractors performing ... Board adopted the ALJ's decision that, in accordance with N.J.S.A. 43:15A- 7.2(a) and (b), Lanza was ineligible for membership in ... identifying numerous local government entities that failed to comply with N.J.S.A. 43:15A-7.2's prohibition against pension participation by individuals serving in ... advised Lanza that '[t]here [were] no 'grandfathering' provisions under [ N.J.S.A.] 43:15A-7.2 to permit individuals who were already enrolled in . . . ...

docket:	a2685-16
court:	NJ Superior Court Appellate Division
decided:	2019-03-05
status:	Unpublished
citation:
Document Size:	38406

5 MARIAN RAGUSA v. BOARD OF TRUSTEES, PUBLIC EMPLOYEES' RETIREMENT SYSTEM - -- rank: 831

... prosecutor for the Township of Middle. The Board relied on N.J.S.A. 43:15A-7.2(a), enacted in 2007, see L. 2007, c. 92 ... principal issue before us is whether the Board correctly applied N.J.S.A. 43:15A-7.2(a) to the facts. The statute was adopted to ... be eligible for membership in the Public Employees' Retirement System.' N.J.S.A. 43:15A-7.2(a).1 The section incorporates the definition of 'professional ... credit 'on the basis of performance of the contract.' See N.J.S.A. 43:15A-7.2(a). N.J.S.A. 40A:11-5 authorizes ... Revenue Service for the purposes of the Internal Revenue Code.' N.J.S.A. 43:15A-7.2(b). 3 A-5460-15T3 (1) awards the contract ... status of individuals performing professional services, to ascertain compliance with N.J.S.A. 43:15A-7.2. In 2012, the State Comptroller had reported widespread ...

docket:	a5460-15
court:	NJ Superior Court Appellate Division
decided:	2018-09-07
status:	Unpublished
citation:
Document Size:	37794

6 DAVID KOCHEL v. PUBLIC EMPLOYEES RETIREMENT SYSTEM -- rank: 801

... work on a temporary or seasonal basis were provided in N.J.S.A. 43:15A-7, which designates positions in which service does not qualify for ...

docket:	a1106-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-11-11
status:	Published
citation:
Document Size:	60878

7 LOUIS PEPE v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM -- rank: 801

... minimum annual salary for PERS enrollment was $1,500. See N.J.S.A. 43:15A-7(d)(1). Appellants never made any employee contributions to PERS ... cases in the Office of Administrative Law (OAL) pursuant to N.J.S.A. 43:15A-7.3. On August 29, 2019, the Board of Trustees (Board ... arbitrary, capricious, or unreasonable. Appellants did not satisfy that burden. N.J.S.A. 43:15A-7 governs PERS enrollment eligibility. 'Before or on November 1, 2008 ... be eligible to become a member of the retirement system.' N.J.S.A. 43:15A-7(d)(1). 'After November 1, 2008, a person who was ... salary or remuneration is fixed at $1,500 or more.' N.J.S.A. 43:15A-7(d)(2). Following the enactment of L. 2010, c. 1 ... least one year's continuous service also qualify for enrollment. N.J.S.A. 43:15A-7(b). However, 'temporary employment that is not continuous[]' does ...

docket:	a2247-19
court:	NJ Superior Court Appellate Division
decided:	2021-11-22
status:	Unpublished
citation:
Document Size:	45610

8 SUSAN SEAGO v. BOARD OF TRUSTEES TEACHERS' PENSION AND ANNUITY FUND - -- rank: 793

... negligence and was not the fault of Seago. Relying on N.J.S.A. 43:15A-7(e),1 the Division again maintained petitioner's request could ... shall discontinue his service for more than two consecutive years.' N.J.S.A. 43:15A- 7(e). A-2607-20 4 transfer ended, yet she did ... and denied petitioner's request. In addition to relying on N.J.S.A. 43:15A-7(e), the Board also cited to N.J.A.C ... ceases after more than two years of inactivity consistent with N.J.S.A. 43:15A-7(e). Moreover, the member is responsible for filing an application ... shall discontinue his service for more than two consecutive years.' N.J.S.A. 43:15A-7(e); see also N.J.S.A. 43:15A- 41 ... there is no indication the Board had not strictly construed N.J.S.A. 43:15A-7(e) or that its nonliteral interpretations of the statute ...

docket:	a2607-20
court:	NJ Superior Court Appellate Division
decided:	2022-12-20
status:	Unpublished
citation:
Document Size:	32207

9 /usr/local/share/www/libweb/collections/courts/appellate/a1784-18.opn.html -- rank: 752

... her account had expired on September 30, 2015, pursuant to N.J.S.A. 43:15A-7(e) because her last contribution had occurred more than two ... explained that '[t]he Division's long-standing interpretation' of N.J.S.A. 43:15A-7(e) and N.J.S.A. 43:15A-8(a ... membership in PERS when a member's public employment ends. N.J.S.A. 43:15A-7(e) provides: 'Membership of any person in the A-1784 ... for vesting and that her PERS account would expire under N.J.S.A. 43:15A-7(e) unless she returned to covered employment within two years ... the monetary or hourly requirements A-1784-18 11 under N.J.S.A. 43:15A-7(d)(3) and (4) and that each successive semester was ... each new semester counts as a new PERS enrollment despite N.J.S.A. 43:15A-7. We disagree. An adjunct professor remains a member of ...

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10 CYNTHIA E. COVIE v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM - -- rank: 728

... 2018, the date of her last pension contribution, pursuant to N.J.S.A. 43:15A-7(e). In response, on January 27, 2020, petitioner requested continuation ... her PERS account beyond the two-year limitation established in N.J.S.A. 43:15A-7(e). The Board concluded petitioner, as an unclassified 'at-will ... membership in PERS when a member's public employment ends. N.J.S.A. 43:15A-7(e) provides: 'Membership of any person in the [PERS] retirement ... and the risk that her PERS account would expire under N.J.S.A. 43:15A-7(e) unless she returned to covered employment within two years ... enroll outside of the two-year window set forth in N.J.S.A. 43:15A:7(e). We are not persuaded. Such an interpretation of the ... for unclassified employees beyond the two-year limit established in N.J.S.A. 43:15A-7(e). Petitioner has not cited any COVID-19 related ...

docket:	a2797-20
court:	NJ Superior Court Appellate Division
decided:	2022-12-13
status:	Unpublished
citation:
Document Size:	22258

11 ALFREDPETIT-CLAIR, JR v. BOARD OF TRUSTEES, PUBLIC EMPLOYEES' RETIREMENT SYSTEM - -- rank: 711

... Amboy (the City). The Board's decision was based on N.J.S.A. 43:15A-7.2(b), enacted in 2007,1 which prospectively denies pension ... a person's status as employee or independent contractor. See N.J.S.A. 43:15A-7.2(b). 6 In its initial decision, the Board relied ... IRS] for the purposes of the Internal Revenue Code [(IRC)].' N.J.S.A. 43:15A-7.2(b). Nonetheless, we are constrained to remand because we ... Prot., 191 N.J. 38, 48 (2007)). As just noted, N.J.S.A. 43:15A-7.2(b) incorporates by reference IRS 'regulation or policy,' without ... factor. 26 A-2048-16T2 employee-independent contractor determination. See N.J.S.A. 43:15A-7.2(b). Based on this conclusion, we are constrained to ...

docket:	a2048-16
court:	NJ Superior Court Appellate Division
decided:	2018-03-01
status:	unpublished
citation:
Document Size:	138311

12 GEORGE RICE v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM -- rank: 695

... beneficiaries under the retirement system. [Ibid.] Chapter 109, codified at N.J.S.A. 43:15A-7(h), was subsequently amended to bar membership of temporary employees ... September 20, 1986 through April 30, 2005 was barred by N.J.S.A. 43:15A-7(h) A-3505-17T1 3 and our decision in Lewis ... adopt the ALJ's decision with minor factual modifications. Notwithstanding N.J.S.A. 43:15A-7(h) and our decision in Lewis, appellant argues his request to purchase service credit is authorized by N.J.S.A. 43:15A-7(b), which provides, in relevant part, that any 'temporary employee ... 254, 262 (2010)). In Lewis, we confronted the interplay between N.J.S.A. 43:15A-7(b) and N.J.S.A. 43:15A-7(h) and concluded 'the PERS Board correctly interpreted and ...

docket:	a3505-17
court:	NJ Superior Court Appellate Division
decided:	2019-06-04
status:	Unpublished
citation:
Document Size:	12393

13 /usr/local/share/www/libweb/collections/courts/appellate/a5519-13.opn.html -- rank: 690

... Contribution Ret. Program Ordinance § 1437-2008 (2008); see also N.J.S.A. 43:15A-7(b). Stated otherwise, the ALJ concluded that petitioner remained eligible ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	52751

14 JUDITH LINNETT v. PUBLIC EMPLOYEES RETIREMENT SYSTEM -- rank: 682

... The Board of Trustees of PERS denied her request, citing N.J.S.A. 43:15A-7 and her failure to request an interfund transfer until more ...

docket:	a5926-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-10
status:	unpublished
citation:
Document Size:	30234

15 /usr/local/share/www/libweb/collections/courts/supreme/a2416-14.opn.html -- rank: 663

... Act), provides PERS membership and retirement benefits for public employees. N.J.S.A. 43:15A-7. Although the Act does not define the term "public employee ... for membership in PERS based on performance of the contract. N.J.S.A. 43:15A-7.2(a). Additionally, any person providing professional services as an ... Service [IRS]," is ineligible based on performance of those services. N.J.S.A. 43:15A-7.2(b). See also N.J.A.C. 17:2 ... of the IRS twenty-factor test well before passage of N.J.S.A. 43:15A-7.2, which specifically adopted the test. In Stevens , we rejected ... last provided legal services to those entities in 1990. See N.J.S.A. 43:15A-7(e) ("Membership of any person in the retirement system shall ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	66950