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9 N.J.A.R. 120

Scarafile, Frank J. v. Police and Firemen's Retirement System, Board of Trustees of the
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Citation: 9 N.J.A.R. 120
Decision Date: 1986
Synopsis: Petitioner appealed from the decision of the Board of Trustees of the Public Employees' Retirement System requiring him to forfeit his pension rights based upon his criminal conviction and ordering him to repay the retirement allowance he had received since 1980. 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 was sentenced to seven years in prison. In applying the 11 factors of UricoH v. Bd. of Trustees, 91 N.J. 62 (1982), the judge determined that although the numerical majority of those factors weighed in favor of petitioner, forfeiture of the pension was justified where, as here, the seriousness of the fewer evil factors outweighed the good. In addition, the judge rejected petitioner's argument that his wife was entitled to a one-half interest in his pension since any claim she might have to his pension was derivative of any right petitioner himself had to a pension benefit. Accordingly, the judge affirmed the denial of petitioner's pension rights and ordered repayment of any amounts received as a retirement allowance. Upon review, this initial decision was adopted by the Board of Trustees, Public Employees' Retirement System. Thomas A. DeC!emente, Esq. and John C. Caniglia, Esq., for petitioner Kathleen O. Curley, Deputy Attorney General, for respondent (W. Cary Edwards, Attorney General of New Jersey, attorney)
Citation Tracker adopted-Bd. of Trustees; affirmed -App. Div., A-1538-86, 11/12/87; certification denied-110 N.J. 318 (1988) [Updated through 1991]