Search Rutgers Law Library N.J. Court Opinions

1 THOMAS LANZA v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM -- rank: 1000

... 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, 2008 ... 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 professional ... 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 PERS ... 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 certain ... 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 . . . PERS ...

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status:	Unpublished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

2 /usr/local/share/www/libweb/collections/courts/supreme/a0516-15.opn.html -- rank: 996

... 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 contract ... 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 issued ... 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 an ... 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. Following ... 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 serving ... 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 performs ...

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court:	NJ Superior Court Law/Chancery Division
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3 MARIAN RAGUSA v. BOARD OF TRUSTEES, PUBLIC EMPLOYEES' RETIREMENT SYSTEM - -- rank: 981

... 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, Â ... 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 address ... 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 services ... 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 local ... 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 by ... 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 non- ...

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status:	Unpublished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

4 ALFREDPETIT-CLAIR, JR v. BOARD OF TRUSTEES, PUBLIC EMPLOYEES' RETIREMENT SYSTEM - -- rank: 938

... 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 service ... 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 in ... 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 are ... 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 further ... 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 remand ...

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status:	unpublished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

5 J. SHELDON COHEN v. BOARD OF TRUSTEES OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM -- rank: 773

... is ineligible for membership based on performance of those services. N.J.S.A. 43:15A-7.2(b). In 2010, the Division enacted N.J.A.C ... ALJ asserted the Board premised its denial of eligibility upon N.J.S.A. 43:15A-7.2(a), which became effective on January 1, 2008. That subsection ... was not relying on either subsection (a) or (b) of N.J.S.A. 43:15A-7.2, because the statute was not in effect when Cohen's ... although not controlling in this case, when the Legislature enacted N.J.S.A. 43:15A-7.2(b) in 2008, it clearly directed consideration of all the ...

docket:	a1219-16
court:	NJ Superior Court Appellate Division
decided:	2019-01-24
status:	Unpublished
citation:
Document Size:	34600

6 VINCENT K. LOUGHLIN v. STATE OF NEW JERSEY DEPARTMENT OF THE TREASURY -- rank: 733

... a letter informing him that in 2007, the Legislature enacted N.J.S.A. 43:15A-7.2, that 'was intended to curtail the participation of professional service ... 42 U.S.C.[] [§] 1983.' The Division replied, advising N.J.S.A. 43:15A-7.2 vested it with the authority to investigate whether plaintiff was ... contractual arrangement in order to comply with the dictates of [N.J.S.A. 43:15A-7.2] and [plaintiff] [was] no longer A-0293-21 6 an ...

docket:	a0293-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-02
status:	Unpublished
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Document Size:	21931

7 /usr/local/share/www/libweb/collections/courts/supreme/a2416-14.opn.html -- rank: 724

... 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 independent ... 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. 17:2-2 ... 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 any ...

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8 MICHAEL MOSCA v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM - -- rank: 712

... a municipal employee for those years following the adoption of N.J.S.A. 43:15A-7.2 when he served as municipal prosecutor for the City of ... was working under a professional services agreement in violation of N.J.S.A. 43:15A-7.2(a). The Board further added Mosca 'maintained his own private ... who worked under a professional services contract and independent contractors. N.J.S.A. 43:15A-7.2. Local Finance Notices ('LFN') provided guidance to local employers on ... absence of a written 'professional services contract' defeats application of N.J.S.A. 43:15A-7.2(a) is unavailing. The absence of a writing does not ...

docket:	a1672-21
court:	NJ Superior Court Appellate Division
decided:	2024-02-29
status:	Unpublished
citation:
Document Size:	31421

9 /usr/local/share/www/libweb/collections/courts/appellate/a2449-19.opn.html -- rank: 663

... enacted in 2007. See L. 2007, c. 92, § 20, N.J.S.A. 43:15A-7.2. The GRA was not mentioned in the Comptroller's report ... funds such as PERS. L. 2007, c. 92, § 20, N.J.S.A. 43:15A-7.2(a).1 1 Section 7.2(a) provides: A person ...

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10 /usr/local/share/www/libweb/collections/courts/appellate/a4561-18.opn.html -- rank: 663

... federal [IRS] for the purposes of the Internal Revenue Code,' N.J.S.A. 43:15A-7.2(b). As we discussed in Petit-Clair I, in addition ...

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11 /usr/local/share/www/libweb/collections/courts/appellate/a3558-20.opn.html -- rank: 660

... it had been determined his 'arrangement is not authorized under N.J.S.A. 43:15A-7.2,'1 and noting that if his compensation is 'salary based ... benefits. He further advised the Borough 1 In pertinent part, N.J.S.A. 43:15A-7.2(a) provides that '[a] person who performs professional services for ...

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Document Size:	32756

12 KENNETH WELSH v. WARREN COUNTY SPECIAL SERVICES SCHOOL DISTRICT -- rank: 510

... have used different tests in other contexts. See, e.g., N.J.S.A. 43:15A-7.2 (adopting Internal Revenue Service regulations and policy to determine if ...

docket:	a2425-16
court:	NJ Superior Court Appellate Division
decided:	2018-10-19
status:	Unpublished
citation:
Document Size:	34565