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9 N.J.A.R. 90

Public Employees' Retirement System, Board of Trustees of the; Musto, William V. v
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Citation: 9 N.J.A.R. 90
Decision Date: 1985
Synopsis: Petitioner appealed from the decision of the Board of Trustees, Public Employees' Retirement System denying his application for retirement benefits based upon his convictions. The administrative law judge assigned to the case found that petitioner had been convicted of racketeering, mail fraud, wire fraud, extortion and filing false income tax returns, for which he had been sentenced to seven years in prison. As a result of his conviction, petitioner was made to forfeit his public offices pursuant to N.J.S.A. 2C:51-2. The judge applied the 11 balancing factors established by Uricoli v. Bd. of Trustees, 91 N.J. 62 (1982)in order to determine if forfeiture of retirement benefits was justified. While the numerical majority of those factors were found to weigh in favor of petitioner, the judge determined that a forfeiture of petitioner's pension was justified where, as here, the seriousness of the fewer evil factors outweighed the good. Accordingly, the judge ordered the total forfeiture of petitioner's pension benefits. Upon review, this initial decision was adopted by the Board of Trustees, Public Employees' Retirement System. Thomas A. DeClemente, Esq., for petitioner Kathleen O. Curley, Deputy Attorney General, for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney)
Citation Tracker adopted-Bd. of Trustees; affirmed -App. Div., A-5740-84, 4/18/86 (unreported) [Updated through 1991]