INDURSKY v. BD. OF TRUSTEES, RET. SYSTEM


137 N.J. Super. 335 (1975)

349 A.2d 86

HARRY INDURSKY, APPELLANT, v. BOARD OF TRUSTEES OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM, DIVISION OF PENSIONS OF THE DEPARTMENT OF THE TREASURY, STATE OF NEW JERSEY, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 24, 1975.


Attorney(s) appearing for the Case

Mr. Sanford Schneider argued the cause for appellant (Messrs. De Rose, Spinrad & Schneider, attorneys).

Mr. Samuel J. Halpern, Deputy Attorney General, argued the cause for respondent (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Theodore A. Winard, Assistant Attorney General, of counsel).

Before Judges CARTON, CRAHAY and HANDLER.


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

This appeal is addressed to the propriety of a final action by respondent Board of Trustees (Board) which held that appellant pensioner was not entitled to disability pension benefits in "the years 1967 through March 31, 1973." The Board demanded from the pensioner a return of a "total overpayment" in the amount of $5,302.32 for the involved years.

Our review of the record satisfies us that the challenged...

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