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7 N.J.A.R. 134

Police and Firemen's Retirement System; Fiola, Nicholas v
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Citation: 7 N.J.A.R. 134
Decision Date: 1982
Synopsis: A fire fighter, who resigned after more than 19 years of service in that position, applied for a deferred retirement allowance more than 7 years after his separation from service but before he had reached the age of 55. The administrative law judge assigned to the case found that peti- tioner resigned his position effective July 1974 at the age of 46. In March 1976, the pension system sent petitioner a 'Member's Expira- tion Notice' advising that his account would expire on July 1, 1976; the reverse side of the notice contained a list of various retirement possibilities. Petitioner did not respond to the notice, testifying that he had no recollection of having received it; he made no subsequent attempt to withdraw his contribution nor did the pension system tender his contributions to him. The judge concluded that petitioner's failure to respond to the notice could not, of itself, defeat benefits legislatively conferred. The judge determined that since petitioner had not withdrawn his contri- butions prior to reaching age 55 he was still entitled to elect a deferred retirement allowance. Upon review, the Board of Trustees of the Police and Firemen's Retirement System rejected the judge's conclusion finding that the petitioner had failed to comply with the deferred retirement statute and had offered no explanation of the failure to comply nor an argument as to why the statute should not be strictly complied with. Samuel J. Halpern, Esq., for petitioner Robert K. Walsh, Deputy Attorney General, for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney) State of New Jersey 135
Citation Tracker rejected-Bd. of Trustees; reversed -193 N.J. Super. 340 (App. Div. 1984) [Updated through 1991]