Cardinale v. Bd. of Trs.
New Jersey Superior Court Appellate Division
1Opinion of the Court
FASCIALE, J.A.D.
*262This appeal requires us to decide whether, as a matter of law, a police officer is ineligible for ordinary disability benefits as a member of the Police & Firemen's Retirement System (PFRS) if the officer separates from service by irrevocably resigning from employment to resolve pending drug-related disciplinary charges. We answer this question recognizing that N.J.S.A. 43:16A-8(2)
*263requires disability retirees to return to duty once their disability has "vanished or has materially diminished." Of course, permanently resigning from employment makes returning to duty impossible.
*314Is…
2Cases cited14 opinions
- Rudbart v. North Jersey District Water Supply CommissionSupreme Court of New Jersey · 1992
- W v. Pangborne & Co. v. New Jersey Department of TransportationSupreme Court of New Jersey · 1989
- New Jersey Turnpike Authority v. American Federation of State, County & Municipal EmployeesSupreme Court of New Jersey · 1997
- Klumb v. BOARD OF EDUC. OF MANALAPAN-ENGLISHTOWN REGIONAL HIGH SCHOOL DIST., MONMOUTH COUNTYSupreme Court of New Jersey · 2009
- Ardan v. Board of ReviewSupreme Court of New Jersey · 2018
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3Cited by6 opinions
- ELSIE MENDOZA-CARO VS. BOARD OF TRUSTEES (POLICE AND FIREMAN'S RETIREMENT SYSTEM)New Jersey Superior Court Appellate Division · 2020
- KAREN RUIZ VS. BOARD OF TRUSTEES (POLICE AND FIREMEN'S RETIREMENT SYSTEM)New Jersey Superior Court Appellate Division · 2019
- M.R. VS. BOARD OF TRUSTEES (PUBLIC EMPLOYEES' RETIREMENT SYSTEM)New Jersey Superior Court Appellate Division · 2020
- MARCO SEMINARIO VS. BOARD OF TRUSTEES (POLICE AND FIREMEN'S RETIREMENT SYSTEM)New Jersey Superior Court Appellate Division · 2020
- PATRICK WOODS VS. BOARD OF TRUSTEES, ETC. (PUBLIC EMPLOYEES' RETIREMENT SYSTEM)New Jersey Superior Court Appellate Division · 2021
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