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12 N.J.A.R. 510

Police & Firemen's Retirement System, Bd. of Trustees; Koschker, Elizabeth, et al. v
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Citation: 12 N.J.A.R. 510
Decision Date: 1988
Synopsis: Petitioners' applications to transfer their retirement fund benefits from the Public Employees' Retirement System (PERS) to the Police and Firemen's Retirement System (PFRS) were denied by the Board of Trustees of PFRS. A heating was requested and the matter was transmitted to the Office of Administrative Law. The administrative law judge assigned to the case found that petitioners had declined to take advantage of two previous op- portunifies to transfer from PERS to PFRS that had been provided by legislation. However, they applied for transfers based on a regu- lation permitting transfers for employees who had been prevented from transferring to PFRS because of that system's maximum age limit. PFRS denied their applications, contending that the regulation *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 511 was not intended to apply to anyone who failed to exercise the option to transfer pursuant to the earlier legislation. The administrative law judge concluded that, while that policy had been consistently applied by PFRS, the intention was not sufficiently expressed in the regu- lation. Since petitioners were, in fact, old enough to have been ex- cluded from PFRS before the regulation was adopted, the regulation should apply to them. The judge ordered that the applications for transfer be granted. Upon review, this initial decision was rejected by the Board of PFRS. The regulation permitting transfers was intended to remedy age discrimination. It was not intended to permit transfers by individ- uals who failed to take advantage of earlier opportunities to transfer. Petitioners' requests to transfer were denied. The Appellate Division affirmed the action of the Board. v. PFRS, 12 N.J.A.R. 493.) Mindy S. Goldberg, Esq., for petitioners, Koschker, Bogli, Bacon, Farley, Messig, Willever and Robinson (Robert B. Reed, attorney) Emanuel Neiman, appeared pro se Roseann A. Finn, 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. 209 (App. Div. 1989) [Updated through 1991]