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6 N.J.A.R. 4

Public Employees' Retirement System; Fasolo, William v
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Citation: 6 N.J.A.R. 4
Decision Date: 1980
Synopsis: Petitioner appealed from the decision of the Board of Trustees of the Public Employee's Retirement System denying the inclusion of his salary as a town sewer attorney and other 'vouchered' fees as part of the base upon which his retirement benefits should be calculated. The administrative law judge found that from the years 1969 to 1975 the petitioner had been paid over $60,000 in salary payments and over $75,000 in vouchered fees as the town sewer attorney. Pursuant to N.J.S.A. 43:15A-7(r) and N.J.A.C. 17:2-4.1 the administrative law judge determined that the petitioner's salary payments should be recognized as creditable for salary payments since these payments were made as the result of a bonafide employer-employee relationship which existed between the town and the petitioner. Further, the judge found that the salary received was not an adjust- ment granted primarily in anticipation of petitioner's retirement nor were the salary payments additional remuneration for performing temporary duties beyond the regular work day. Regarding the vouchered fees, however, the administrative law judge concluded that these could not be included in the definition of compensation since fluctuating fees cannot constitute any part of a base or contractual salary and they do not form the basis for an employer-employee relationship. Accordingly, the administrative law judge ordered that petitioner's salary as sewer attorney be included in his salary base for the calcu- lation of retirement benefits. State of New Jersey 5 Marvin H. Gladstone, Esq., for petitioner Prudence H. Bisbee, Deputy Attorney General, for respondent (John J. Degnan, Attorney General of New Jersey, attorney)
Rule(s) Cited: 17:2-4.1 
Citation Tracker modified-Bd. of Trustees; remanded-181 N.J. Super. 434 (App. Div. 1981) [Updated through 1991]