Grieco v. Employees' Retirement System

This appeal raises the question whether a member of the Employees’ Retirement System of the City of Newark may purchase prior service credit for his previous Essex County *476employment. Upon plaintiff’s complaint in lieu of prerogative writs seeking to compel defendant to permit such a purchase, the trial judge entered judgment for plaintiff. We reverse without regard to the constitutionality of N.J.S.A. 40A:9-5. See Kenney v. East Brunswick Tp., 172 N.J.Super. 45 (App.Div.1980), holding the statute unconstitutional.

The resolution of the appeal depends upon the impáct, if any, of N.J.S.A.…