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2 N.J.A.R. 372

Prison Officers' Pension Fund, Board of Trustees of the; Maddux, Robert E. v
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Citation: 2 N.J.A.R. 372
Decision Date: 1980
Synopsis: Maddux, who had been a corrections officer for the State of New Jersey for over 20 years was dismissed for delinquent performance of his duties in 1973. After his dismissal, Maddux applied to withdraw his contributions to the pension fund. That application was denied by the Board of Trustees on the basis of N.J.S.A. 43:7-15 and N.J.A.C. 4:1-8.14 and Maddux requested a hearing. The administrative law judge found that N.J.S.A. 43:7-15, which governs the refund of pension payments to discharged employees who are ineligible for reappointment under the Civil Service rules, did not require the Board to deny the refund. On the contrary, the judge found that the statute gave the Board discretion to grant or deny the refund and although Maddux had been dismissed for negligence the circumstances of the case and Maddux's unblemished record since dismissal warranted granting his refund. In addition, the administrative law judge found that although the language of N.J.A.C. 4:1-8.14 seems to bar an employee who has been dismissed from public service for delinquent performance of his duties from re- employment, the actual practice had been quite different. Expert testimony indicated that each employee is considered for re-employment on his own merits and thus Maddux would not necessarily be barred from eligibility for any Civil Service position should he apply. Accordingly, the administrative law judge ordered that Maddux's refund be granted. Vincent J. Convery, Esq., by Arthur Buchanan, Esq., (New York Bar), for Petitioner William Ma!!oy, Deputy Attorney General, for Respondent (John J. Degnan, Attorney General of New Jersery, Attorney) State of New Jersey 373
Rule(s) Cited: 4:1-8.14 
Statute(s) Cited: 43:7-15