Legal Opinion

Cardinale v. Bd. of Trs.

New Jersey Superior Court Appellate Division

Decided March 1, 2019No. DOCKET NO. A-1997-17T1PublishedCited by 6 opinions

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

  1. Rudbart v. North Jersey District Water Supply CommissionSupreme Court of New Jersey · 1992
  2. W v. Pangborne & Co. v. New Jersey Department of TransportationSupreme Court of New Jersey · 1989
  3. New Jersey Turnpike Authority v. American Federation of State, County & Municipal EmployeesSupreme Court of New Jersey · 1997
  4. Klumb v. BOARD OF EDUC. OF MANALAPAN-ENGLISHTOWN REGIONAL HIGH SCHOOL DIST., MONMOUTH COUNTYSupreme Court of New Jersey · 2009
  5. Ardan v. Board of ReviewSupreme Court of New Jersey · 2018

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3Cited by6 opinions

  1. ELSIE MENDOZA-CARO VS. BOARD OF TRUSTEES (POLICE AND FIREMAN'S RETIREMENT SYSTEM)New Jersey Superior Court Appellate Division · 2020
  2. KAREN RUIZ VS. BOARD OF TRUSTEES (POLICE AND FIREMEN'S RETIREMENT SYSTEM)New Jersey Superior Court Appellate Division · 2019
  3. M.R. VS. BOARD OF TRUSTEES (PUBLIC EMPLOYEES' RETIREMENT SYSTEM)New Jersey Superior Court Appellate Division · 2020
  4. MARCO SEMINARIO VS. BOARD OF TRUSTEES (POLICE AND FIREMEN'S RETIREMENT SYSTEM)New Jersey Superior Court Appellate Division · 2020
  5. PATRICK WOODS VS. BOARD OF TRUSTEES, ETC. (PUBLIC EMPLOYEES' RETIREMENT SYSTEM)New Jersey Superior Court Appellate Division · 2021

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