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SPINA v. CONSOLIDATED POLICE, ETC., PENSION FUND COMM'N

41 N.J. 391 (1964)

197 A.2d 169

DOMINICK A. SPINA, JOSEPH HENSEL, JR., EDWARD CARR, FRANK ADUBATO, JOSEPH MULHEARN, THOMAS E. KELLY, ANDREW KIRKPATRICK, JOSEPH FRUCHTER, ALBERT A. WELLER, LAWRENCE W. SHERIDAN, "RESTORATION OF THE 1920 PENSION ACTS RIGHTS COMMITTEE," AN UNINCORPORATED ORGANIZATION OR ASSOCIATION CONSISTING OF SEVEN OR MORE PERSONS, INDIVIDUALLY AND ON BEHALF OF A CLASS CONSISTING OF OTHERS SIMILARLY SITUATE TOO NUMEROUS TO BE NAMED, PLAINTIFFS-APPELLANTS, v. CONSOLIDATED POLICE AND FIREMEN'S PENSION FUND COMMISSION, A COMMISSION OF THE STATE OF NEW JERSEY ESTABLISHED IN THE DIVISION OF INVESTMENTS IN THE DEPARTMENT OF THE TREASURY, THE CITY OF JERSEY CITY, A MUNICIPAL CORPORATION AND THE CITY OF NEWARK, A MUNICIPAL CORPORATION, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided January 20, 1964.

Attorney(s) appearing for the Case

Mr. Maurice C. Brigadier argued the cause for appellants (Mr. Seymour Margulies, associate counsel and on the brief).

Mr. Steven S. Radin, Deputy Attorney General, argued the cause for respondent Consolidated Police and Firemen's Pension Fund (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

Mr. Meyer Pesin, for respondent City of Jersey City (Mr. Joseph S.E. Verga, of counsel), and Mr. Norman N. Schiff, for respondent City of Newark (Mr. Joseph A. Ward, of counsel), submitted a brief on behalf of respondents City of Jersey City and City of Newark.

The opinion of the court was delivered by WEINTRAUB, C.J.

Plaintiffs seek a judgment that they and other members of certain police and firemen's pension plans are entitled to retire at age 50 after 20 years of service under the terms of Chapter 160 of the Laws of 1920. That statute had originally so provided, but amendatory legislation now requires 25 years of service and a minimum age of 51. N.J.S.A....

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