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3 N.J.A.R. 83

Teachers' Pension & Annuity Fund, Board of Trustees of the; Antonchak, Nancy v
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Citation: 3 N.J.A.R. 83
Decision Date: 1980
Agency: TEACHERS' PENSION & ANNUITY FUND
Synopsis: State of New Jersey 83 NANCY ANTONCHAK, Petitioner, V. BOARD OF TRUSTEES OF TEACHER'S PENSION AND ANNUITY FUND, Respondent. Decided October 3, 1980 Initial Decision SYNOPS IS Nancy Antonchak appealed from the decision of the Board of Trustees of the Teachers' Pension and Annuity Fund denying her application' to purchase service credit for time spent as a substitute teacher in the years immediately prior to her receiving a permanent teaching appointment. The Board based its denial on N.J.A.C. 17:3-5.4(a)3 which states that per diem, intermittent, temporary or substitute teaching service is not creditable for pension purposes. The administrative law judge found that petitioner had rendered 374 1/2 days of substitute teaching service in the five years immediately prior to her full-time appointment and had been paid on a per diem basis for all that time as was the school district's standard practice. The judge determined that N.J.A.C. 17:3-5.4(a)3 with its restriction of credit for per diem service was inconsistent with N.J.S.A. 18A:66-14 which contains no such restriction and states that 'any person employed as a substitute immediately prior to permanent employment' shall be permitted to purchase credit for that substitute time. The judge observed that it was well-established that in exercising its rule-making power, an administrative agency may not go beyond declared statutory policy and that if there is an administrative regulation in conflict with a statute, the statute prevails. Accordingly, the administrative law judge concluded that the regulation in question was invalid and ordered that petitioner be permitted to purchase service credit for her time as a substitute teacher. Richard A. Friedman, Esq., for Petitioner Sharon Joyce, Deputy Attorney General for Respondent (John J. Degnan, Attorney General of New Jersey, Attorney)
Rule(s) Cited: 17:3-5.4(a)3