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5 N.J.A.R. 333

Police & Firemen's Retirement System; Farley, Peter J. Jr. & Higgins, Donald v
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Citation: 5 N.J.A.R. 333
Decision Date: 1984
Synopsis: Petitioners appealed from a determination of the Board of Trustees of the Police and Firemen's Retirement System denying their appli- cations to enroll in that retirement system. The administrative law judge assigned to the case found that peti- tioners, as former policemen, had at one time both been members of PFRS. Petitioners subsequently became members of the Public Em- ployees Retirement System upon their appointment as court attend- ants. By operation of statute, petitioners then became sheriffs officers and continued their membership in PERS. The judge rejected petitioners' argument that N.J.S.A 40A:9-117.12 permitted them to transfer their enrollment to PFRS. The judge concluded that the plain meaning of the statute made it clear that any individual 35 years or older who was subsequently appointed as a sheriffs officer should remain a member of the retirement system of which he was a member at the time of appointment. Accordingly, the administrative law judge ordered that the denial of petitioners transfer application be affirmed. Joseph P. Donohue, Esq., for petitioner (Whipple, Ross & Hirsh, attorneys) John J. Franzini, Deputy Attorney General, for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney)