Cologna v. Board of Trustees, Police & Firemen's Retirement Sytem

The opinion of the court was delivered by

SABATINO, J.A.D.

In this ease of first impression, we ascertain the intended meaning of N.J.S.A 43:16A-3(5). This statutory provision extends to five years the usual two-year period within which a former member of the Police and Firemen’s Retirement System (“PFRS”) may resume employment and reinstitute his membership in the retirement system.

Consistent with the Governor’s conditional veto message that led to the provision’s amendment in 1980, we construe the five-year extended time frame as being confined to only members who lose their public employment…