Legal Opinion · Dissent

Eyers v. PUBLIC EMPLOYEES'RETIREM. SYS.

Supreme Court of New Jersey

Decided August 5, 1982Published

1DissentO’Hern, J.

My reasons for dissenting in Uricoli v. Bd. of Trustees, Police and Firemen’s Retirement System, 91 N.J. 62 (1982), decided today, are equally applicable here. Misconduct in office involving dishonorable service should result in a forfeiture of vested pension rights. There are two factual differences here. The misconduct was not discovered until the employee was already receiving retirement benefits, and he died during the pendency of proceedings to terminate the benefits.

As to the former, it is settled that the grant of a pension is neither final nor conclusive and is subject to…

2Cases cited7 opinions

  1. Uricoli v. Police & Fire. Retirem. Sys.Supreme Court of New Jersey · 1982
  2. Ballurio v. CastelliniNew Jersey Superior Court Appellate Division · 1954
  3. Plunkett v. Board of Pension CommissionersSupreme Court of New Jersey · 1934
  4. Mount v. Trustees of Pub. Emp. Retirement Syst.New Jersey Superior Court Appellate Division · 1975
  5. Ruvoldt v. NolanSupreme Court of New Jersey · 1973

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