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BORTEL JR. ET AL. v. CHERRY HILL TWP. BD. OF ED.

99 N.J. Super. 529 (1968)

240 A.2d 678

SAMUEL B. BORTEL, JR., SAMUEL POLLOCK AND FRANK P. PRIMIANO, PLAINTIFFS-RESPONDENTS, v. THE BOARD OF EDUCATION OF THE TOWNSHIP OF CHERRY HILL, IN THE COUNTY OF CAMDEN, NEW JERSEY, DEFENDANT, DIVISION OF PENSIONS, DEPARTMENT OF TREASURY, STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 11, 1968.

Attorney(s) appearing for the Case

Mr. Theodore A. Winard, Deputy Attorney General, argued the cause for appellant, Division of Pensions (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

Mr. William B. Hutchinson, Jr. argued the cause for respondents.

Before Judges CONFORD, COLLESTER and LABRECQUE.

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...

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