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8 N.J.A.R. 52

Teachers' Pension and Annuity Fund, Board of Trustees; Shipley, Henry M. v
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Citation: 8 N.J.A.R. 52
Decision Date: 1984
Synopsis: Petitioner appealed from a decision of the Board of Trustees of the Teachers' Pension and Annuity Fund which denied his application to increase his monthly retirement benefits and further denied his claim to retroactive retirement benefits. The Board based its action on N.J.S.A. 18A:66-32.1(b), the so-called 'Workers' Compensation Off-Set.' The administrative law judge assigned to the case found that peti- tioner was injured while performing his job duties for which he received a worker's compensation award. Subsequently, petitioner retired on an ordinary disability allowance. These retirement benefits were based on the actuarially computed 'off-set' of his workers' compensation award under N.J.S.A. 18A:66-32.1(b). The judge rejected petitioner's argument that because he had taken a lump sum payment of his worker's compensation award rather than the remaining installment payments he had suffered a detriment and thus equitable estoppel should be applied and his pension benefits increased. The judge noted that although the lump sum payment was less than what petitioner would have received in installment payments, this was not a legally sufficient detriment to justify the application of equitable estoppel. Upon review, the Board of Trustees of the Teachers' Pension and Annuity Fund adopted the judge's initial decision. Richard A. Friedman, Esq. for petitioner (Ruhlman, Butrym and Friedman, attorneys) State of New Jersey 53 Kathleen CurIcy, Deputy Attorney General for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney) Initial Decision