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HOGG v. EMPLOYEES RETIREMENT SYSTEM, ESSEX COUNTY

56 N.J. Super. 130 (1959)

152 A.2d 78

CHARLES HOGG, PLAINTIFF-APPELLANT, v. THE EMPLOYEES RETIREMENT SYSTEM OF THE COUNTY OF ESSEX AND THE PENSION COMMISSION OF THE EMPLOYEES RETIREMENT SYSTEM OF THE COUNTY OF ESSEX, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 1, 1959.

Attorney(s) appearing for the Case

Mr. Charles Silber argued the cause for plaintiff-appellant (Messrs. Silber and Silber, attorneys).

Mr. George H. Callahan argued the cause for defendants-respondents (Mr. Nicholas T. Fernicola, attorney).

Before Judges GOLDMANN, CONFORD and HANEMAN.

The opinion of the court was delivered by CONFORD, J.A.D.

The principal issue involved is the construction of N.J.S.A. 43:10-18.12, a part of the county pension and retirement fund legislation. Plaintiff, retired under the act January 1, 1953 for total and permanent physical incapacity any longer to perform his duties as a park policeman, and receiving a pension therefor, has nevertheless since 1957 annually derived income from gainful employment in amounts...

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