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2 N.J.A.R. 427

Public Employees' Retirement System, Board of Trustees of the; Burns, Edna M. & John C. v
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Citation: 2 N.J.A.R. 427
Decision Date: 1979
Agency: PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Synopsis: Parents of deceased county employee who was on leave at the time of her death were not entitled to death benefits under the Public Employee Retirement System. N.J.S.A. 43:15A-47 specifically provides that death benefit coverage begins on the first day of membership on which the public employee is actively employed. Under N.J.S.A. 43:15A-41 (c), benefits are only payable upon the death of a member in service. In this case, equitable estoppel was inapplicable, since there was no evidence that the decedent relied on the issuance of insurance and payroll deduction certificates indicating her coverage would begin on the effective date of her leave of absence. Alan D. Bell, Esq., for Petitioners Prudence H. Bisbee, Deputy Attorney General, for Respondent (John J. Degnan, Attorney General of New Jersey, Attorney)