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BIERNE v. JERSEY CITY EMPLOYEES' RETIREM. SYS.

176 N.J. Super. 146 (1980)

422 A.2d 456

FRANCIS X. BIERNE, PLAINTIFF-APPELLANT, v. EMPLOYEES' RETIREMENT SYSTEM OF THE CITY OF JERSEY CITY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Reargued October 27, 1980.

Decided October 31, 1980.

Attorney(s) appearing for the Case

Francis P. Morley argued the cause for appellant.

Spencer N. Miller argued the cause for respondent (Krivit, Miller, Galdieri & Dronzek, attorneys).

Before Judges ALLCORN, KOLE and PRESSLER.

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

This appeal raises a novel question of interpretation of the pension and retirement act governing the Employees Retirement System of the City of Jersey City (Retirement System), N.J.S.A. 43:13-22.1 to 22.65. The issue is whether or not that act or anything in the pension and retirement laws generally prevents a disability retiree who has reached the...

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