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

... 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' positions as ...

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 IN RE ADOPTION OF N.J.A.C. 17:1-6.4, 17:1-7.5 and 17:1-7.10. -- rank: 927

... 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.S ...

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 FABIO COLOGNA v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 899

... 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 two ... 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 the retirement ... 5 years from the date of his discontinuance from service. [ N.J.S.A. 43:16A-3(5) (emphasis added).] The provision, which was amended to its present ... seeks the benefit of the five-year reinstatement period within N.J.S.A. 43:16A-3(5). In particular, appellant contends that his prior employment as a ... 16). In applying these general principles to our examination of N.J.S.A. 43:16A-3(5), we bear in mind that pension statutes traditionally are "liberally ... been discontinued from service through no fault of his own . . . [.]" N.J.S.A. 43:16A-3(5) (emphasis added). Appellant contends that he is entitled to ...

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

4 MARIO ALBERTO RECINOS v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 707

... 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 Jersey ... 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. This appeal ...

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

5 LORRAINE M. HARWELIK v. BOARD OF TRUSTEES TEACHERS' PENSION and ANNUITY FUND - -- rank: 660

... 430 N.J. Super. 362 (App. Div. 2013), we interpreted N.J.S.A. 43:16A-3(5), a similar provision to N.J.S.A. 18A:66 ... See N.J.S.A. 43:16A-3(3). However, N.J.S.A. 43:16A-3(5) provides an extension under the following circumstances: If a member ... PFRS-eligible position. Id. at 368-69. We concluded that N.J.S.A. 43:16A-3(5) was 'confined to only members who lose their public employment ... a result of the employer's own actions.' Ibid. (quoting N.J.S.A. 43:16A-3(5)). Accordingly, because the plaintiff resigned voluntarily and not as a ... he was not discontinued from service within the meaning of N.J.S.A. 43:16A-3(5). Ibid.; see also id. at 376 (acknowledging legislative history indicating ...

docket:	a0251-21
court:	NJ Superior Court Appellate Division
decided:	2023-02-13
status:	Unpublished
citation:
Document Size:	27538

6 KELLY A. BUSKEY v. BOARD OF TRUSTEES TEACHERS' PENSION AND ANNUITY FUND - -- rank: 618

... 430 N.J. Super. 362 (App. Div. 2013), we interpreted N.J.S.A. 43:16A-3(5), a provision of the Police and Firemen's Retirement System ... the plaintiff voluntarily resigned from his job, we concluded that N.J.S.A. 43:16A-3(5) was 'confined to only members who lose their public employment ... a result of the employer's own actions.' Ibid. (quoting N.J.S.A. 43:16A-3(5)). A-3559-19 8 Accordingly, because the plaintiff resigned voluntarily ... he was not discontinued from service within the meaning of N.J.S.A. 43:16A-3(5). See ibid. Here, Buskey was not terminated, dismissed, or otherwise ...

docket:	a3559-19
court:	NJ Superior Court Appellate Division
decided:	2021-11-22
status:	Unpublished
citation:
Document Size:	18506

7 CYNTHIA E. COVIE v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM - -- rank: 426

... App. Div. 2013) (interpreting an analogous provision of the PFRS, N.J.S.A. 43:16A-3(5), to apply only to police and fire members who lost ...

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