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2 N.J.A.R. 350

Westfield, Union County, Board of Education of; Taylor, Noel A. v
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Citation: 2 N.J.A.R. 350
Decision Date: 1980
Synopsis: The Westfield Board of Education refused to include Taylor's department chairmanship stipend in his teacher's salary for his final year before retirement, which would have resulted in increased retirement benefits. The Board refused the request since to do so would violate existing salary guides in force under an agreement with the Westfield Education Association. Taylor appealed this decision to the Commissioner of Education and the matter was heard before an administrative law judge. The administrative law judge noted that while under N.J.S.A. 18A:27-4 et seq. boards of education may employ teachers and make rules governing their salaries, the time and method of payment and the terms of their employment, this case did not present a controversy between Taylor and the Board over a method of salary payments, but rather an issue over retirement benefits resulting from the level of compensation during employment. Jurisdiction for the resolution of such disputes lies not with the Commissioner of Education but rather with. the Board of Trustees of the Teachers' Pension and Annuity Fund underN.J.S.A. 18A:66-56. The judge noted that an attempt to resolve the issue through the Commissioner of Education would require the Commissioner to exceed his jurisdiction to settle disputes. Accordingly, the judge concluded that Taylor's appeal before the Commissioner should be dismissed. Noel A. Taylor, Pro Se William D. Peek, Esq., for Respondent (Nicholas, Thomson, Peek & Meyers, Attorneys)
Rule(s) Cited: 6:3-1.10