Search Rutgers Law Library N.J. Court Opinions

1 STATE OF NEW JERSEY v. SEAN LAVIN -- rank: 1000

... with Mercer County,' Lavin 'cannot comply with the terms of . . . N.J.S.A. 43:16A-8, should the alleged disabling condition, be found, to vanish or ... affirming the Board's decision. In support, the ALJ analyzed N.J.S.A. 43:16A-8, directing 1 The Board also voted to forfeit the final ... willing to assign to him . . . shall report fo r duty.' N.J.S.A. 43:16A-8(2). Relying on case law interpreting N.J.S.A. 43:16A-8(2), particularly Cardinale v. Board of Trustees, Police & Firemen's ... N.J. at 418-19. This appeal is governed by N.J.S.A. 43:16A-8(2), which provides in pertinent part that: Any beneficiary under ... Cardinale, 458 N.J. Super. at 260, where we interpreted N.J.S.A. 43:16A-8(2) in a way that is detrimental to Lavin' ...

docket:	a0075-21
court:	NJ Superior Court Appellate Division
decided:	2023-12-14
status:	Unpublished
citation:
Document Size:	48313

2 ISAIAH CARDINALE v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 986

... drug-related disciplinary charges. We answer this question recognizing that N.J.S.A. 43:16A-8(2) requires disability retirees to return to duty once their ... that the Board's declaration that he was ineligible misapplies N.J.S.A. 43:16A-8(2), and its refusal to consider his application amounts to ... not legally required to do so. The ALJ explained that N.J.S.A. 43:16A-8(2) requires an employer to reinstate a member who returns ... Board must liberally construe, Cardinale asserts that the Board misinterpreted N.J.S.A. 43:16A-8(2). He argues essentially that the statute gives the Board ... process the application for ordinary disability benefits, the Board interpreted N.J.S.A. 43:16A-8(2). Ordinarily, we defer to an agency's interpretation of ... civil servants whose seniority is not aggregated. In our view, N.J.S.A. 43:16A-8(2) contemplates that a A-1997-17T1 11 restoration ...

docket:	a1997-17
court:	NJ Superior Court Appellate Division
decided:	2019-03-01
status:	Published
citation:	458 N.J.Super. 260 204 A.3d 312
Document Size:	35541

3 IN RE ADOPTION OF N.J.A.C. 17:1-6.4, 17:1-7.5 and 17:1-7.10. -- rank: 923

... 2009); N.J.S.A. 18A:66-40(a) (TPAF); N.J.S.A. 43:16A-8(2) (PFRS); N.J.S.A. 43:15A-44(a ... regarding which party must pay for the IMEs. E.g., N.J.S.A. 43:16A-8 (PFRS); N.J.S.A. 43:15A-42, -43 (PERS ... former duty or any other available duty in the department.' N.J.S.A. 43:16A-8(2) (emphasis added). Beyond specifying age limits (under sixty for ...

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

4 M.R v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM -- rank: 852

... 268. In Cardinale, we noted that the applicable PFRS statute, N.J.S.A. 43:16A- 8(2), directs that a public employee who retired due to ... 4 A-6015-17T4 Crucially, we found in Cardinale that N.J.S.A. 43:16A-8(2) dictates that this process—whereby a recipient recovers from ... Dist., Monmouth Cty., 199 N.J. 14, 30-33 (2009). N.J.S.A. 43:16A-8(2), the PFRS statute at issue in Cardinale, requires a ... case on an annual basis. It uses identical language to N.J.S.A. 43:16A-8(2), stating '[i]f the report of the medical board ... Cardinale, 458 N.J. Super. at 270 ('The purpose of N.J.S.A. 43:16A- 8(2) is to return the previously disabled retiree to work ...

docket:	a6015-17
court:	NJ Superior Court Appellate Division
decided:	2020-04-06
status:	Unpublished
citation:
Document Size:	22112

5 MICHAEL NOWICKI v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 832

... reinstatement in the future, he was 'unable to comply with N.J.S.A. 43:16A-8(2) because he ha[d] no job to return to ... never be ordered to return to work, as required by N.J.S.A. 43: 16A-8(2). Granting a disability retirement under these circumstances would be ... if his condition diminished and could not therefore comply with N.J.S.A. 43:16A-8(2). Although he may be eligible for a deferred retirement ... may be, the pension shall be discontinued during such default. [ N.J.S.A. 43:16A-8 (emphasis added).] Here, the Board's actions were not arbitrary ... into a settlement that modified the statute's requirement in N.J.S.A. 43:16A-8 that petitioner report to duty if his disabling condition vanished ... N.J. Super. 438, 444 (App. Div. 1993) (providing that N.J.S.A. 43:16A-8(2) contemplates that a 'formerly disabled individual [be returned] ...

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

6 LYNNE FLAX v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 782

... the facts of her case satisfy the statutory criteria of N.J.S.A. 43:16A-8(2), making her eligible for ordinary disability benefits. Second, she ... Flax argues first that she meets the statutory requirements of N.J.S.A. 43:16A-8(2) in order to qualify for ordinary disability. She contends ... may be, the pension shall be discontinued during such default. [N.J.S.A. 43:16A-8(2).] 'The purpose of [the statute] is to return the ... 338 N.J. Super. 564, 570 (App. Div. 2001)). Under N.J.S.A. 43:16A-8(2), a person cannot collect disability benefits if they irrevocably ... job due to a disability, which rendered her ineligible under N.J.S.A. 43:16A-8(2) for ordinary disability benefits. We find no basis in ...

docket:	a1585-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-03
status:	Unpublished
citation:
Document Size:	21570

7 RICHARD RIVERA v. THE TOWN OF WEST NEW YORK -- rank: 762

... as a police officer in West New York pursuant to N.J.S.A. 43:16A-8(2); see also N.J.A.C. 4A:4-7 ... sought in the complaint based upon the plain language of N.J.S.A. 43:16A-8(2) together with decisional law that mandates its application. He ... is contrary to public policy and unenforceable as antithetical to N.J.S.A. 43:16A-8(2). We reject all of Rivera's arguments. N.J.S.A. 43:16A-8(2) provides as follows: Any beneficiary under the age of ... position). We recognize that one of the many effects of N.J.S.A. 43:16A-8(2) is to relieve the PFRS of paying benefits and ... agreement will invite other public employers to coerce waivers of N.J.S.A. 43:16A-8(2) from their employees. This entirely conjectural argument ignores ...

docket:	a2049-10
court:	NJ Superior Court Appellate Division
decided:	2012-02-16
status:	unpublished
citation:
Document Size:	27160

8 MARCO SEMINARIO v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 759

... a disciplinary termination, not a disability. Accordingly, it cited to N.J.S.A. 43:16A-8 and denied his request for disability retirement benefits. The Board ... permanent disability following a traumatic work-related event. Importantly, however, N.J.S.A. 43:16A-8(2) mandates that disability retirees 'return to duty once their ...

docket:	a0824-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-26
status:	Unpublished
citation:
Document Size:	17607

9 /usr/local/share/www/libweb/collections/courts/appellate/a1727-17.opn.html -- rank: 722

... be barred forever from holding public office in this State. N.J.S.A. 43:16A-8(2) provides that any beneficiary under the age of fifty ... prepared to give him, he must return to active duty. N.J.S.A. 43:16A-8(2). 'The purpose of this legislation is to return the ... if his disability vanishes or materially diminishes in accordance with N.J.S.A. 43:16A-8(2). Cardindale v. Bd. of Trs., Police and Firemen's ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	32962

10 CHRISTOPHER SLIMM v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 702

... 404) (emphasis in original). A-3183-20 3 In addition, N.J.S.A. 43:16A-8(2) directs that a public employee who retires due to ... Super. 260, 270 (App. Div. 2019). However, the purpose of N.J.S.A. 43:16A- - 8(2) is undermined if the Board 'cannot statutorily cease paying ... under N.J.A.C. 17:1-6.4 or N.J.S.A. 43:16A-8(2). Slimm filed an appeal, and the Board transmitted the ... the officer is not eligible to apply for benefits under N.J.S.A. 43:16A- 8(2). Id. at 270-73. A-3183-20 7 Our ... for the first time on appeal, that he could satisfy N.J.S.A. 43:16A-8(2) by agreeing to waive his right to disability pension ...

docket:	a3183-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-23
status:	Unpublished
citation:
Document Size:	16402

11 IN THE MATTER OF ROBERT W. TEREBETSKI IN THE MATTER OF WAYNE HUNDEMANN -- rank: 695

... 21, 1998, following a physical examination conducted in accordance with N.J.S.A. 43:16A-8, PFRS determined that Terebetski was no longer suffering from his ... 21, 1998, following a physical examination conducted in accordance with N.J.S.A. 43:16A-8, PFRS determined that Hundemann was no longer suffering from his ... the purposes of this opinion.     The appointing authority argues that N.J.S.A. 43:16A-8 governs the unique situation of officers returning from disability retirement ... separation.     In order to comprehend the Board's conclusion that N.J.S.A. 43:16A-8 provides that:         (2) Any beneficiary under the age of 55 ... do not deal with the same subject matter and that N.J.S.A. 43:16A-8, once a person is determined no longer disabled, the appointing ...

docket:	a6714-98
court:	njappellate
decided:	2001-04-23
status:	published
citation:	338 N.J. Super. 564
Document Size:	18385

12 IN THE MATTER OF ROBERT W. TEREBETSKI IN THE MATTER OF WAYNE HUNDEMANN -- rank: 695

... 21, 1998, following a physical examination conducted in accordance with N.J.S.A. 43:16A-8, PFRS determined that Terebetski was no longer suffering from his ... 21, 1998, following a physical examination conducted in accordance with N.J.S.A. 43:16A-8, PFRS determined that Hundemann was no longer suffering from his ... the purposes of this opinion.     The appointing authority argues that N.J.S.A. 43:16A-8 governs the unique situation of officers returning from disability retirement ... separation.     In order to comprehend the Board's conclusion that N.J.S.A. 43:16A-8 provides that:         (2) Any beneficiary under the age of 55 ... do not deal with the same subject matter and that N.J.S.A. 43:16A-8, once a person is determined no longer disabled, the appointing ...

docket:	a6722-98
court:	njappellate
decided:	2001-04-23
status:	published
citation:	*CITE_PENDING*
Document Size:	18374

13 /usr/local/share/www/libweb/collections/courts/appellate/a1619-18.opn.html -- rank: 685

... these establishments, Joseph Diamond, testified as a 1 Pursuant to N.J.S.A. 43:16A-8(1), upon receipt of an application for a disability retirement ... for lesser skill levels. 2 We note that pursuant to N.J.S.A. 43:16A-8(2), PFRS may compel a medical reexamination of any beneficiary ... to determine if defendant obtained the benefits through deceit. See N.J.S.A. 43:16A-8(2) (recognizing PFRS' ability to compel reexamination to determine whether ...

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Document Size:	27342

14 WILLIAM LUNGER v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 682

... return to employment and thereby comply with the provisions of N.J.S.A. 43:16A-8(2).' Lunger appealed from the Division's denial. The Board ... the alleged disabling condition diminish' and therefore cannot comply with N.J.S.A. 43:16A-8(2). 2 The Division also received a March 22, 2017 ... Board's determination that Lunger is ineligible for benefits under N.J.S.A. 43:16A-8, which provides that a retiree who proves that a disability ...

docket:	a1879-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-20
status:	Unpublished
citation:
Document Size:	19537

15 MICHAEL DENHAM v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 672

... 17:4-6.5. The ALJ also concluded that under N.J.S.A. 43:16A-8, which requires a beneficiary receiving ADRB to return for duty ... also agree with the ALJ's prescient determination that, under N.J.S.A. 43:16A-8, a retiree who proves that a disability is rehabilitated is ...

docket:	a5052-16
court:	NJ Superior Court Appellate Division
decided:	2019-02-01
status:	Unpublished
citation:
Document Size:	20051