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5 N.J.A.R. 466

Public Employees' Retirement System; Costa Joseph S. v
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Citation: 5 N.J.A.R. 466
Decision Date: 1979
Agency: PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Synopsis: Transfer of service credit from Police and Firemen's Retirement System to Public Employees' Retirement System was denied where the credit was based on service which was not honorable. Petitioner, a police officer, was convicted of misconduct in office and conspiracy to bribe, extort and commit misconduct in office. Such conduct con- stitutes dishonorable service involving crimes of moral turpitude. N.J.S.A. 43:2-1 permits a transfer of service credit only if an employee was entitled to benefits from the fund of which he was an original member. Since petitioner's prior service was not honorable, he was not entitled to the benefits from the fund and therefore could not transfer credit. Nor was the Board estopped from denying petitioner the transfer since no detrimental reliance had occurred. Micheal Critchley, Esq., for petitioner Stacy Moore, Deputy Attorney General, for respondent (John J Degnan, Attorney General of New Jersey, attorney)
Statute(s) Cited: 43:2-1