Bortel v. Board of Education

The opinion of the court was delivered by

Conford, S. J. A. D.

The Chancery Division held that N. J. S. A. 43 :3—1 was unconstitutional in its application to the plaintiffs as devoid of a “reasonable basis” to justify its conditioning their right of public employment in this State upon their surrender of accrued pensions for public employment in Pennsylvania. Such pensions were deemed by the court “vested” in plaintiffs under the authority of judicial decisions of the Commonwealth of Pennsylvania.

The facts, background and statute are set forth in the Chancery Division opinion, 95 N. J. Super.…