Ursi v. County Employes Pension Commission of Essex

The opinion of the court was delivered, by

Heher, J.

The primary question for decision is whether section 3 of chapter 122 of the laws of 1929 (Pamph. L., p. 206; Rev. Stat. 1937, 43:10-1 et seq), providing for the pensioning of employes of counties of the first class, so qualifies section 5 of the act as to make twenty years’ service a prerequisite where, as here, the application is based on disabling illness “incurred in the service.” We resolve it in the negative.

The legislative scheme is to be gleaned from all the provisions of the enactment, taken and compared together. While in this…