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HANDELSON v. BD. TRUSTEES, PERS.

193 N.J. Super. 223 (1984)

473 A.2d 104

RUTH HANDELSON, PETITIONER-APPELLANT, v. BOARD OF TRUSTEES, PUBLIC EMPLOYEES' RETIREMENT SYSTEM, RESPONDENT-RESPONDENT, AND RIVER DELL REGIONAL BOARD OF EDUCATION, RESPONDENT-INTERVENOR.

Superior Court of New Jersey, Appellate Division.

Decided March 9, 1984.

Attorney(s) appearing for the Case

Richard A. Friedman argued the cause for appellant (Ruhlman, Butrym & Friedman, attorneys; Richard A. Friedman and Barbara G. Rapkin, on the brief).

Michael J. Haas, Deputy Attorney General, argued the cause for respondent Board of Trustees, Public Employees' Retirement System (Irwin I. Kimmelman, Attorney General, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Michael J. Haas, on the brief).

Marc Joseph filed a letter in lieu of brief for respondent River Dell Regional Board of Education (Stein, Joseph & Rosen, attorneys).

Before Judges ARD, MORTON I. GREENBERG and TRAUTWEIN.

The opinion of the court was delivered by MORTON I. GREENBERG, J.A.D.

N.J.S.A. 43:15A-11 provides that an employee in permanent public employment enrolled within the Public Employees' Retirement System (PERS) may receive credit for prior temporary service by making contributions to PERS, provided that the temporary employment results without interruption in permanent employment. The statute, however, requires...

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