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8 N.J.A.R. 16

Public Employee's Retirement System, Board of Trustees; Frew, Doris T., Widow of Arthur J. Frew, Deceased v
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Citation: 8 N.J.A.R. 16
Decision Date: 1984
Agency: PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Synopsis: Petitioner appealed from a determination of the Board of Trustees of the Public Employees' Retirement System denying petitioner's request for death benefits resulting from her husband's death on the basis that he was not a member of the retirement system at the time of his death. The administrative law judge assigned to the case found that peti- tioner's husband had as part of the application process clearly elected to delay his enrollment in the system until four months after his appoint- ment and that he had died before the end of that four month period. The judge rejected petitioner's argument that N.J.A.C. 17:2-2.4, which provides for the four-month delay in enrollment, was an illegal exercise in rule making in violation of N.J.S.A. 43:15A-7. The judge noted that the statute merely defines the composition of the membership of the retirement system and omits any provisions dealing with time or method of becoming a member. In addition, the regulation was deter- mined to be consistent with the statute and merely providing a method for the orderly enrollment of members. In addition, neither the decedent or his employer made any contribu- tion to the retirement system before his death and thus payment of death benefits was expressly prohibited. Upon review of this initial decision, the Board of Trustees adopted its findings and conclusions. Roger W. Breslin, Jr., Esq., for petitioner (Goodman, Stoldt, Breslin & Horan, attorneys) State of New Jersey 17 Ellis I. Medoway, Deputy Attorney General, for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney) Initial Decision
Rule(s) Cited: 17:2-2.4 
Citation Tracker adopted-Bd. of Trustees; affirmed -App. Div. A-4071-83, 12/27/84 (unreported) [Updated through 1991]