County of Mercer v. State

The opinion of the court was delivered by

PRESSLER, J.A.D.

This controversy, which arises under N.J.S.A. 43:15A-1, et seq. (Public Employees’ Retirement System (PERS)), raises the question of whether a member of the system under the age of sixty who is receiving periodic workers’ compensation benefits is subject to involuntary retirement on ordinary disability on the application of the employer. We hold that in these circumstances the employer may initiate an ordinary disability retirement pursuant to N.J.S.A. 43:15A-42 notwithstanding the subsequently enacted provisions of N.J.S.A. 43:15A-25.1.