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12 N.J.A.R. 476

Simon, William J. v. Police and Firemen's Retirement System, Bd. of Trustees
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Citation: 12 N.J.A.R. 476
Decision Date: 1988
Agency: POLICE & FIREMEN'S RETIREMENT SYSTEM
Synopsis: Petitioner appealed the refusal of the Board of Trustees of the Police and Firemen's Retirement System (PFRS) to accept his appli- cation to transfer membership from the Public Employees' Retirement System (PERS) to PFRS. The matter was transmitted to the Office of Administrative Law for a hearing. The administrative law judge assigned to the case found that petitioner had been given an opportunity pursuant to legislation in 1983 to transfer from PERS to PFRS but, because the transfer would have involved substantial cost to petitioner, he did not complete the transfer process. In 1986, PFRS adopted a regulation that permitted transfers from PERS to PFRS for employees who had been excluded from PFRS previously because they were beyond the maximum age for enrollment in PFRS. Petitioner applied for transfer pursuant to that regulation and his application was denied. PFRS contended that the regulation was designed specifically to remedy discrimination based on age. The regulation was not intended to be used by em- ployees who did not take advantage of earlier opportunities to trans- fer. The administrative law judge concluded that this intention was not evident from the regulation. In addition, the judge said petitioner was denied access to PFRS on the basis of age since he was only age- eligible for PFRS under the statute for a limited amount of time because the statute allowed him to subtract years in military service *The Appellate Division decided three related cases on the same day: Simon Trustees. All are included in this volume of N.J.A.R. State of New Jersey 477 from his age. Accordingly, PFRS was ordered to accept petitioner's application for transfer. Upon review, this initial decision was rejected by the Board of Trustees of PFRS. Petitioner's failure to transfer in 1983 was based on the cost of transfer, not his age. It was the policy of the Division of Pensions that the 1986 regulation was to be used only by individuals who were actually denied membership in PFRS because of their age. Petitioner's application for transfer was denied. The Appellate Division affirmed the action of the Board. Henry A. Carpenter, II, Esq., for petitioner (Gruccio, Pepper, Giovinazzi & DeSanto, attorneys) Debra Kline Davis, Deputy Attorney General, for respondent (Cary Edwards, Attorney General of New Jersey, attorney)
Rule(s) Cited: 17:1-12.7 
Citation Tracker rejected-Bd. of Trustees; affirmed -233 N.J. Super. 186 (App. Div. 1989); certification denied-117 N.J. 652 (1989) [Updated through 1991]