Search Rutgers Law Library N.J. Court Opinions

1 CASEY PIATT v. POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 1000

... also restricts initial enrollment to those not over thirty-five. N.J.S.A. 43:16A-3; N.J.A.C. 17:4-2.5(a). Judge ... years" when he or she becomes a "policeman" or "fireman." N.J.S.A. 43:16A-3. The Legislature has expanded the definition of "policeman" to include ... PFRS. They claimed the age limit of thirty-five in N.J.S.A. 43:16A-3 and N.J.A.C. 17:4-2.5(a ... motions here addressed the applicability of the age limit in N.J.S.A. 43:16A-3, and the validity of the age limit in N.J ... full-time policeman or fireman is not over 35 years[.]" N.J.S.A. 43:16A-3(1). 4 The PFRS Act allows the PFRS Board of ... PFRS." Allen , supra , 233 N.J. Super. at 202 (citing N.J.S.A. 43:16A-3). 5 In Koschker , we similarly noted that the plaintiffs' ...

docket:	a5504-12
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:	443 N.J.Super. 80 127 A.3d 716
Document Size:	69989

2 MICHAEL KANTNER v. POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 906

... position when he became AVPPSEM. The question is governed by N.J.S.A. 43:16A-3.1, which deems certain administrative or supervisory positions as PFRS ... of the act of which this act is a supplement. [ N.J.S.A. 43:16A-3.1.] The panel in Kossup v. Board of Trustees, Police ... months of leaving a law enforcement or fire-fighting position. N.J.S.A. 43:16A-3.1. As the Supreme Court has observed, section 3.1 ... in other words, in a PFRS-covered "law enforcement unit." N.J.S.A. 43:16A-3.1. "Law enforcement unit" is not defined within the PFRS ... unit," police forces organized within State government. Under current law ( N.J.S.A.43:16A-3.1), if a person, immediately after or within six months ... Hemsey , supra , 198 N.J. at 228. "The Legislature intended N.J.S.A. 43:16A-3.1 to apply to a limited category of civilian ...

docket:	a2757-13
court:	NJ Superior Court Appellate Division
decided:	2015-07-20
status:	unpublished
citation:
Document Size:	44147

3 Abraham Hemsey v. Board of Trustees, Police & Firemen's Retirement System -- rank: 871

... the time he served under the consulting contract. In applying N.J.S.A. 43:16A-3.1, the Board accepted the ALJ’s factual finding that ... supervisory powers over police or fire personnel as required by N.J.S.A. 43:16A-3.1 to maintain membership in PFRS. Further, he argues that ... employment as a Communications Section consultant was PFRS-eligible under N.J.S.A. 43:16A-3.1. The Board claims that the contract language and evidence ... entity. Amicus, City of Trenton, argues that the Board misapplied N.J.S.A. 43:16A-3.1, and that Hemsey did not meet the statutory requirements ... service with a law enforcement unit. The City notes that N.J.S.A. 43:16A-3.1 makes no reference to the employee “performing the ... for inclusion in PFRS if it satisfies the requirements of N.J.S.A. 43:16A-3.1. That section provides that [s]ervice with a ...

docket:	a-15-08
court:
decided:	2009-03-24
status:
citation:
Document Size:	59144

4 FABIO COLOGNA v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 856

... case of first impression, we ascertain the intended meaning of N.J.S.A. 43:16A-3(5). This statutory provision extends to five years the usual ... are generally eligible to participate in the PFRS pension system. N.J.S.A. 43:16A-3(1). While employed in such occupations, members contribute a portion ... from the date of his last contributions to the system[.]" N.J.S.A. 43:16A-3(3). If a member resigns or is dismissed from his ... member applies for a return of those funds, without interest. N.J.S.A. 43:16A-3(4). The two-year reactivation deadline set forth in N.J.S.A. 43:16A-3(3) is qualified by the statutory provision at the crux of the present appeal, N.J.S.A. 43:16A-3(5). Section 3(5) provides: If a member of ...

docket:	a4222-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-08
status:	published
citation:	430 N.J.Super. 362 64 A.3d 995
Document Size:	43465

5 IN RE ADOPTION OF N.J.A.C. 17:1-6.4, 17:1-7.5 and 17:1-7.10. -- rank: 797

... A. 18A:28-12. A similar provision exists for PFRS. N.J.S.A. 43:16A-3(5); Cologna v. Bd. of Trs. of P.F.R ... 6A-5 (JRS), or when the member becomes a 'beneficiary,' N.J.S.A. 43:16A-3(3) (PFRS). If an applicant receives a service retirement allowance ...

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

6 DENNIS M. KEENAN v. BOARD OF TRUSTEES, POLICE & FIREMEN'S RETIREMENT SYSTEM -- rank: 780

... in order to benefit police and firefighters, the Legislature enacted N.J.S.A. 43:16A-3.1, which allows such employees to maintain their very valuable ... a different pension system with less-generous retirement benefits. However, N.J.S.A. 43:16A-3.1 gives these positions a "hybrid" status whereby a PFRS ... director job was not the type of position to which N.J.S.A. 43:16A-3.1 would apply. See Kossup , supra , 372 N.J. Super ... as L. 2000, c. 166) (acknowledging that "under current law" N.J.S.A. 43:16A-3.1 applied to public safety director positions). There is substantial ... Prison , 81 N.J. 571 , 579-80 (1980). See also N.J.S.A. 43:16A-3.1. Keenan conceded that the Director's duties also included ... for Keenan the position was a PFRS-covered position under N.J.S.A. 43:16A-3.1, and N.J.S.A. 43:16A-15. ...

docket:	A2117-05
court:	NJ Superior Court Appellate Division
decided:	2007-06-12
status:	published
citation:	393 N.J. Super. 524 925 A.2d 1
Document Size:	75835

7 ABRAHAM HEMSEY v. BOARD OF TRUSTEES, POLICE & FIREMEN'S RETIREMENT SYSTEM -- rank: 780

... in order to benefit police and firefighters, the Legislature enacted N.J.S.A. 43:16A-3.1, which allows such employees to maintain their very valuable ... a different pension system with less-generous retirement benefits. However, N.J.S.A. 43:16A-3.1 gives these positions a "hybrid" status whereby a PFRS ... director job was not the type of position to which N.J.S.A. 43:16A-3.1 would apply. See Kossup , supra , 372 N.J. Super ... as L. 2000, c. 166) (acknowledging that "under current law" N.J.S.A. 43:16A-3.1 applied to public safety director positions). There is substantial ... Prison , 81 N.J. 571 , 579-80 (1980). See also N.J.S.A. 43:16A-3.1. Keenan conceded that the Director's duties also included ... for Keenan the position was a PFRS-covered position under N.J.S.A. 43:16A-3.1, and N.J.S.A. 43:16A-15. ...

docket:	A1852-05
court:	NJ Superior Court Appellate Division
decided:	2007-06-12
status:	published
citation:	393 N.J. Super. 524 925 A.2d 1
Document Size:	75651

8 MARIO ALBERTO RECINOS v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 775

... 2015, citing N.J.S.A. 43:16A- 15.3, N.J.S.A. 43:16A-3.1,1 and N.J.S.A. 40A:9-119 ... Mark Casey notified Recinos that his PFRS retirement benefits 1 N.J.S.A. 43:16A-3.1 deems certain positions 'with administrative or supervisory duties over ... relied on the same statutory citations, with the exception of N.J.S.A. 43:16A-3.1. Citing N.J.A.C. 17:4-6.8 ... is subject to the [applicable] physical and mental fitness requirements. N.J.S.A. 43:16A-3 requires membership in PFRS 'as a condition of . . . employment.' Under ... PFRS membership.' In making that determination, the Board relied on N.J.S.A. 43:16A-3.5, which provides: Any member of the [PFRS] of New ... is a continuation in PFRS-covered employment, as permitted by N.J.S.A. 43:16A-3.5. He continues in such employment through the present. ...

docket:	a5590-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-19
status:
citation:
Document Size:	32397

9 STANLEY KOSSUP v. BOARD OF TRUSTEES, POLICE et al. -- rank: 775

... and continued to contribute while he was Fire Director. See N.J.S.A. 43:16A-3.1. When he served in the dual role of Director ... that the Director’s position was covered by PFRS, because N.J.S.A. 43:16A-3.1 specifically permits a firefighter promoted to Director to remain ... as well as inconsistent with the legislative policy, expressed in N.J.S.A. 43:16A-3.1, to benefit rather than penalize firefighters who are promoted ... pension system while serving in that administrative or supervisory position. N.J.S.A. 43:16A-3.1. The amendments thus permitted police or firefighters to obtain ... of the act of which this act is a supplement. [ N.J.S.A. 43:16A-3.1.] If such persons are also required to be engaged ... those who were actually involved in police work or firefighting, N.J.S.A. 43:16A-3.1. Contemporaneous hearings and legislative statements accompanying the legislation ...

docket:	A0976-02
court:	NJ Superior Court Appellate Division
decided:	2004-10-21
status:	published
citation:	372 N.J. Super. 468 859 A.2d 721
Document Size:	29041

10 REGINA TASCA v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 767

... toward benefits under PFRS for the transferred PERS service credit.' N.J.S.A. 43:16A-3.10(b); N.J.S.A. 43:16A-3.14. Her personal benefit statement reflected twenty-one years and ...

docket:	a4028-15
court:	NJ Superior Court Appellate Division
decided:	2019-01-28
status:	Published
citation:	458 N.J.Super. 47 202 A.3d 663
Document Size:	37874

11 ROGER VOGEL - v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 706

... for prior service would exempt him from the prohibitions in N.J.S.A. 43:16A-3, N.J.A.C. 17:4-2.5, and elsewhere ...

docket:	a5547-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-06-04
status:	Published
citation:
Document Size:	58498

12 IN THE MATTER OF ANTHONY AMBROSE -- rank: 693

... of his brief that the Board erred in not applying N.J.S.A. 43:16A-3.1, which he claims makes him ineligible for PFRS because ... director more than six months before being appointed as Chief. N.J.S.A. 43:16A-3.1, however, does not pertain to appellant's situation because ...

docket:	a2650-09
court:	superior court appellate division
decided:	2011-01-20
status:	unpublished
citation:
Document Size:	29889

13 JOHN WELSH v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 686

... circumstances." The termination of a PFRS account is governed by N.J.S.A. 43:16A-3, which provides in pertinent part: (3) Should any member withdraw ... upon receiving conclusive advice of such separation, terminate the membership . . . . [ N.J.S.A. 43:16A-3 (emphasis added).] It is not disputed that Welsh resigned on ... resulted in a termination of the former PFRS membership under N.J.S.A. 43:16A-3(4). In addition, Welsh's last pension contribution to his ... no pension contributions, his former PFRS account expired pursuant to N.J.S.A. 43:16A-3(3). See Cologna v. Bd. of Trs., Police and Firemen ... 362 , 375 (App. Div. 2013) (analyzing the legislative history of N.J.S.A. 43:16A-3, which was adopted after a conditional veto rejecting a proposed ... a sharp rise in costs). There are narrow exceptions to N.J.S.A. 43:16A-3 where a PFRS account will not terminate. N.J. ...

docket:	a0191-14
court:	NJ Superior Court Appellate Division
decided:	2016-01-15
status:	published
citation:	443 N.J.Super. 367 128 A.3d 1144
Document Size:	38681

14 DANIEL COUGHLIN v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 637

... those "presently serving" public employees may purchase such credit. See N.J.S.A. 43:16A-3.2. Consequently, the Board's determination on this discrete issue ...

docket:	a6219-08
court:	NJ Superior Court Appellate Division
decided:	2011-03-14
status:	unpublished
citation:
Document Size:	51061

15 ROBERT PETRY - v. BOARD OF TRUSTEES POLICE & FIREMEN'S RETIREMENT SYSTEM - IN THE MATTER OF ROBERT PETRY CITY OF HACKENSACK FIRE DEPARTMENT -- rank: 634

... members of the Police and Firemen's Retirement System (PFRS), N.J.S.A. 43:16A-3; and eligibility for PFRS is subject to the same thirty ... required to enroll in PFRS as a condition of employment. N.J.S.A. 43:16A-3; N.J.A.C. 17:4-2.2; Piatt v ... at 6). The same age requirement governs enrollment in PFRS. N.J.S.A. 43:16A-3. To enroll, a firefighter may not be "over 35 years ... must be enrolled in PFRS as a condition of employment, N.J.S.A. 43:16A-3, the City terminated Petry's employment in June 2012. Petry ... noted that the maximum age for enrollment is thirty-five, N.J.S.A. 43:16A-3, and that a firefighter's age may be reduced only ...

docket:	a0357-13
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	38930