Kaplan v. Contributory Retirement Appeal Board

The plaintiff, formerly a permanent State government employee, was less than fifty-five years old when his employment with the State Board of Retirement was terminated at the end of 1989 due to budgetary constraints. He had a little over six years of creditable State service. Thereafter, the plaintiff left his accumulated deductions in the retirement system for six additional years until, in April of 1996, he applied to the State Board of Retirement for a retirement allowance to take effect on his fifty-fifth birthday, in June of that year. His application was denied because he had less than…