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8 N.J.A.R. 102

Public Employees' Retirement System, Bd. of Trustees; Abbots, Alfred v
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Citation: 8 N.J.A.R. 102
Decision Date: 1984
Synopsis: Petitioner appealed from a decision of the Board of Trustees deny- ing his request to purchase credit for a portion of the total time he spent in the military, pursuant to N.J.S.A 43:15A-60.1. The administrative law judge assigned to the case found petitioner was a veteran of service with the National Guard and the United States Army, from August 14, 1950 through October 30, 1953, and that based upon this service he had applied for a military service purchase request. In allowing a partial purchase of credit, the Board excluded petitioner's service from August 14, 1950 through June 4, 1951, declaring it was not active duty as required by N.J.S.A 43:15A-60.1 but merely a training period. The judge found that although during the period in dispute, peti- tioner was a National Guard member attending military training school, this period was eligible for the purchase of credit. While recognizing that in some instances there is a valid distinction between 'active duty' and 'active duty for training,' in this instance no such distinction was present since petitioner had been ordered to attend the training in direct preparation for his service in the Korean conflict. The judge adopted a test of eligibility which determined if the training service was short and voluntary as opposed to involuntary and part of an overall active engagement. Accordingly, the judge concluded that petitioner was entitled to purchase credit for the entire period of his military service. Upon review, the Board of Trustees of the Public Employees' Re- tirement System adopted this decision as its own. State of New Jersey 103 Alfred Abbotts, Esq., pro se Charlotte Kitler, Deputy Attorney General, for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney) Initial Decision