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1 N.J.A.R. 184

Public Employees' Retirement System, Board of Trustees of the; Eyers, Blanche T. v
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Citation: 1 N.J.A.R. 184
Decision Date: 1980
Synopsis: Petitioner, the wife of a deceased public employee, appeals from a decision of the Public Employees' Retirement System denying her pension survivorship benefits due to the alleged dishonorable service of her husband, who had been convicted of a crime involving moral turpitude. While recognizing that decedent's convictions rendered his service dishonorable, making him, if living, ineligible for benefits, the administrative law judge determined that the Legislature did not intend to punish an employee' s designated beneficiaries by a complete loss of pension benefits. No significant lessening of the 'inducement' to render honorable service would result from a holding that an innocent beneficiary is entitled to survivorship benefits. Noting that pension statutes are remedial in nature and thus should be liberally construed and administered in favor of the individuals intended to be benefited, the administrative law judge determined that petitioner should receive survivor benefits computed on the basis of decedent's service up until the time of his misconduct. Stephen S. Weinstein, Esq., for Petitioner Prudence H. Bisbee, Deputy Attorney General for Respondent, (John J. Degnan, Attorney General of New Jersey, Attorney)
Citation Tracker rejected, Bd. of Trustees; affirmed -App. Div., A-3370-79, 2/17/81 (unreported) [Updated through 1991]