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6 N.J.A.R. 181

Public Employees' Retirement System; O'Neil, Edward v
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Citation: 6 N.J.A.R. 181
Decision Date: 1979
Agency: PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Synopsis: Petitioner appealed from a decision of the Board of Trustees of the Public Employees' Retirement System cancelling his retirement allow- ance because he received retirement benefits from another State. The administrative law judge found that the petitioner had been receiving retirement benefits fron the New York City Police Depart- ment at the time of his enrollment in the New Jersey Pension System. The judge determined that under N.J.S.A 43:3C-1 the petitioner was barred from enrolling in the New Jersey Pension System while he was collecting retirement benefits from another State. In addition, the judge concluded that the Board was not barred from excluding petitioner on the basis of estoppel since the petitioner had not shown that he had relied on any information from the Division of Pensions in such a way as to justify the application of estoppel. Accordingly, the administrative law judge affirmed the denial of pension benefits. William F. Hartigan, Jr., Esq., for petitioner Stacy L. Moore, Jr., Deputy Attorney General for respondent (John J. Degnan, Attorney General of New Jersey, attorney)
Citation Tracker adopted-Bd, of Trustees; affirmed -App. Div., A-2175-79, 4/7/81 (unreported) [Updated through 1991]