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13 N.J.A.R. 320

Rokos, William J., Jr. v. Public Employees Retirement System
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Citation: 13 N.J.A.R. 320
Decision Date: 1988
Synopsis: Petitioner appealed the decision of the Board of Trustees of the Public Employeels' Retirement Syster aot to include in the calculation of his retirement benefits income earned while serving as an assign- ment judge through the Municipal Court Presiding Judge Pilot Proj- ect. The matter was transmitted to the Office of Administrative Law for a hearing. The administrative law judge assigned to the case concluded that the income earned as assignment judge was not 'compensation' for purposes of calculating petitioner's retirement benefits. Because the assignment judge position was part of an experimental program, it was similar to a temporary position. Payment for temporary positions is excluded for purposes of calculating pension benefits under N.J.S.A. 43:15A-6(r). Upon review, this initial decision was adopted by the Board of PERS. The Appellate Division reversed and remanded. Samuel J. Haipern, Esq., for petitioner Kathe F. Mullally, Deputy Attorney General for respondent (W. Cary Edwards, Attorney General of New Jersey', attorney) State of New Jersey 321