Search Rutgers Law Library N.J. Court Opinions

1 THOMAS CANNAVO v. HON CHRISTOPHER J. CHRISTIE -- rank: 1000

... service credit. N.J.S.A. 43:15A-38 (PERS); N.J.S.A. 43:16A-11.2 (PFRS); N.J.S.A. 18A:66-36 (TPAF). The ...

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

2 THOMAS CANNAVO v. HON CHRISTOPHER J. CHRISTIE -- rank: 1000

... service credit. N.J.S.A. 43:15A-38 (PERS); N.J.S.A. 43:16A-11.2 (PFRS); N.J.S.A. 18A:66-36 (TPAF). The ...

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

3 /usr/local/share/www/libweb/collections/courts/appellate/a0632-12xx.opn.html -- rank: 981

... service credit. N.J.S.A. 43:15A-38 (PERS); N.J.S.A. 43:16A-11.2 (PFRS); N.J.S.A. 18A:66-36 (TPAF). The ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	136163

4 DWAYNE SMITH v. BOARD OF TRUSTEES POLICE AND FIREMENS RETIREMENT SYSTEM - -- rank: 701

... ineligible for a deferred pension under the plain language of N.J.S.A. 43:16A-11.2 (providing a member with ten years of creditable service, who ... was removed 'for cause on charges of misconduct' in 2010, N.J.S.A. 43:16A-11.2, which charges were upheld by the Commission and affirmed by ... retirement benefits was automatically forfeited under the express language of N.J.S.A. 43:16A-11.2. See Borrello v. Bd. of Trs., Pub. Emps.' Ret. Sys ... Uricoli factors because, as the Supreme Court acknowledged in Uricoli, N.J.S.A. 43:16A-11.2, the statute under which Smith applied for benefits, contains an ... situation rises from the all-or-nothing, unwavering posture of N.J.S.A. 43:16A- 11.2,' which does not require a balancing test as in Uricoli ... decision that Smith is ineligible for deferred retirement benefits under N.J.S.A. 43:16A-11.2. Smith appeals, reprising the arguments he made before the ...

docket:	a0611-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-17
status:	Unpublished
citation:
Document Size:	16716

5 NOEMIO OLIVEIRA v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 693

... s Retirement System ("PFRS") denying him deferred retirement benefits under N.J.S.A. 43:16A-11.2 based upon a finding that he had previously been removed ... delinquency" and was thus prohibited from receiving retirement benefits under N.J.S.A. 43:16A-11.2. Oliveira sought reconsideration, which the PFRS Board denied. On January ... makes four arguments: (1) the PFRS Board incorrectly determined that N.J.S.A. 43:16A-11.2 mandates automatic forfeiture of his pension benefits; (2) his termination ... a police officer; (3) the term "misconduct" as used in N.J.S.A. 43:16A-11.2 needs to be construed with the entire statutory scheme to ... applicable law. First, we agree with the PFRS Board that N.J.S.A. 43:16A-11.2 is the controlling statute here, and that it compels the ... by removal for cause on charges of misconduct or delinquency." N.J.S.A. 43:16A-11.2. We agree with the PFRS that the City removed ...

docket:	a2871-14
court:	NJ Superior Court Appellate Division
decided:	2016-08-17
status:	unpublished
citation:
Document Size:	21989

6 J.A.W v. BOARD OF TRUSTEES, STATE POLICE RETIREMENT SYSTEM - -- rank: 654

... provisions of the PFRS statute . A-1570-20 10 See N.J.S.A. 43:16A-11.2 (requiring that the claimant was not removed 'for cause on ... that Uricoli was barred from claiming deferred retirement benefits under N.J.S.A. 43:16A-11.2, the PFRS analog to N.J.S.A. 53:5A ...

docket:	a1570-20
court:	NJ Superior Court Appellate Division
decided:	2022-03-02
status:	Unpublished
citation:
Document Size:	37337

7 BRIAN FAVRETTO v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 627

... the Board) denying his request for deferred retirement benefits under N.J.S.A. 43:16A-11.2. We affirm. Favretto is a former police officer. In 2013 ... whether his actual conduct amounted to misconduct or delinquency under N.J.S.A. 43:16A-11.2. The Administrative Procedure Act (APA), N.J.S.A. 52 ... For the first time, Favretto argues that the Board violated N.J.S.A. 43:16A-11.2 because it did not decide his case 'on its own ... ordered for failure of that condition'). Pertaining to this appeal, N.J.S.A. 43:16A-11.2 addresses deferred retirement benefits: Should a member, after having established ... 2183-18T4 11 ineligible for deferred retirement benefits pursuant to N.J.S.A. 43:16A- -11.2. Borrello, 313 N.J. Super. at 77. The express language of N.J.S.A. 43:16A-11.2 requires automatic forfeiture of benefits when an employee engages ...

docket:	a2183-18
court:	NJ Superior Court Appellate Division
decided:	2019-12-18
status:	Unpublished
citation:
Document Size:	23862

8 JOSEPH F. HORNICK v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 604

... Hornick was clearly not eligible for a deferred retirement under N.J.S.A. 43:16A-11.2, which states: Should a member, after having established [ten] years ... service credit, well short of the ten years required by N.J.S.A. 43:16A-11.2. Hornick did not include any information concerning his removal from ... years needed to qualify for a deferred retirement allowance under N.J.S.A. 43:16A-11.2. Just as importantly, regardless of the years of service credit ... service necessary to qualify for a deferred retirement allowance under N.J.S.A. 43:16A-11.2. Hornick thereafter asked that the matter be transferred to the ... for cause on charges of misconduct' within the intendment of N.J.S.A. 43:16A-11.2. In addition, Hornick only had eight years, eleven months of ... needed to establish an entitlement to a deferred retirement under N.J.S.A. 43:16A-11.2. A-5367-17T2 7 The facts establishing Hornick's ...

docket:	a5367-17
court:	NJ Superior Court Appellate Division
decided:	2020-06-03
status:	Unpublished
citation:
Document Size:	16346

9 MICHAEL NOWICKI v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 532

... related to his employment by settling the OAL cases. See N.J.S.A. 43:16A- 11.2. 10 A-2966-16T1 This archive is a service of ...

docket:	a2966-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-27
status:
citation:
Document Size:	19577

10 JOHN CAUCINO v. BOARD OF TRUSTEES, TEACHERS' PENSION AND ANNUITY FUND -- rank: 530

... The vesting provision of the PFRS uses identical language. See N.J.S.A. 43:16A-11.2 (requiring that a member have ten years of service credit ...

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

11 JEFFREY W. DESIMONE v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 519

... based on charges of misconduct or delinquency in accordance with N.J.S.A. 43:16A-11.2. DeSimone was unsuccessful in challenging his termination and seeking reinstatement ... thus ineligible for deferred retirement pension benefits in accordance with N.J.S.A. 43:16A-11.2. DeSimone appealed the Board's denial and requested an administrative ... finding DeSimone ineligible for deferred retirement pension benefits. Relying on N.J.S.A. 43:16A-11.2, the Board held '[r]emoval for cause on charges of ... DeSimone knew he was dismissed for misconduct or delinquency under N.J.S.A. 43:16A-11.2, negating any good faith basis for his reliance on information ...

docket:	a2324-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-15
status:	Unpublished
citation:
Document Size:	11726

12 ROBERT MANTONE v. BOARD OF TRUSTEES TEACHERS' PENSION AND ANNUITY FUND -- rank: 464

... the deferred retirement provisions of the PFRS statute. S ee N.J.S.A. 43:16A-11.2 (requiring that the claimant was not removed "for cause on ... that Uricoli was barred from claiming deferred retirement benefits under N.J.S.A. 43:16A-11.2, the PFRS analog to N.J.S.A. 43:15A ...

docket:	a6564-05
court:	njappellate
decided:	2007-04-11
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	35594

13 JOHN ZAJKOWSKI v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 437

... June 13, 2011 to deny him deferred retirement benefits under N.J.S.A. 43:16A-11.2. Because Zajkowski's application cannot substitute for a timely appeal ... his] continued receipt of Deferred retirement benefits in accordance with N.J.S.A. 43:16A-11.2.' Zajkowski hired counsel, who submitted a six-page, single-spaced ... public office' on October 1, 1999, 'he is prohibited under N.J.S.A. 43:16A-11.2 to receive Deferred retirement benefits.' The Board wrote to Zajkowski ...

docket:	a1270-16
court:	NJ Superior Court Appellate Division
decided:	2018-01-08
status:	unpublished
citation:
Document Size:	20026

14 HOWARD A. REED, JR - v. BOARD OF TRUSTEES, TEACHERS PENSION AND ANNUITY FUND -- rank: 377

... not made within two years after separation from service. Ibid. ; N.J.S.A. 43:16A-11.2. While we recognized the deference we must accord to an ...

docket:	a1024-06
court:	NJ Superior Court Appellate Division
decided:	2008-07-15
status:	unpublished
citation:
Document Size:	55912