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12 N.J.A.R. 493

Police and Firemen's Retirement System, Bd. of Trustees; Allen, Joseph S. v
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Citation: 12 N.J.A.R. 493
Decision Date: 1988
Agency: POLICE & FIREMEN'S RETIREMENT SYSTEM
Synopsis: The Board of Trustees of the Police and Firemen's Retirement System (PFRS) denied petitioner's application to transfer his pension fund membership from the Public Employees' Retirement System (PERS) to PFRS. Petitioner appealed and the matter was transmitted to the Office of Administrative Law for a hearing. Petitioner did not take advantage of two opportunities to transfer into PFRS that were provided by statute because in 1973 he was not in an eligible title and in 1985 his transfer election form was lost. He might not have been able to transfer under the 1985 statute because eligibility was tied to having been eligible to transfer in 1973. He applied for transfer pursuant to a 1986 regulation which permitted transfers for PERS members who were previously denied entry into PFRS because they were over the maximum age for PFRS. When petitioner entered a PFRS-eligible position in 1975, he was over the maximum age. The PFRS Board denied petitioner's application for transfer because he was not previously excluded from PFRS because of age. The 1986 regulation was intended to apply only to those who were actually denied enrollment because of age. The administrative law judge assigned to the case concluded that petitioner should have been permitted to transfer because the 1986 regulation, as promulgated, did not state that the policy did not apply *The Appellate Division decided three related cases on the same N.J.A.R. to persons who were given an opportunity to transfer under the 1973 and 1985 statutes, but declined to apply. In addition, petitioner would have been barred by age had he applied for transfer. Upon review, this initial decision was rejected by the Board of Trustees of PFRS. The Appellate Division reversed the decision of PFRS, holding that petitioner should be permitted to transfer to PFRS under the 1986 regulation. Robert A. Fagel!a, Esq., for petitioner (Zazzali, Zazzali & Kroll, attorneys) Katbe F. Mu!!a!!y, 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; reversed -233 N.J. Super. 197 (App. Div. 1989) [Updated through 1991]