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MERCER COUNTY v. STATE, DEPT. OF TREASURY, DIV. OF PENSIONS BD. OF TRUSTEES

193 N.J. Super. 229 (1984)

473 A.2d 107

COUNTY OF MERCER, PLAINTIFF-APPELLANT, v. STATE OF NEW JERSEY, DEPARTMENT OF THE TREASURY, DIVISION OF PENSIONS BOARD OF TRUSTEES, PUBLIC EMPLOYEES' RETIREMENT SYSTEM, DEFENDANTS-RESPONDENTS, v. DORIS SHESHELSKY, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 9, 1984.

Attorney(s) appearing for the Case

Paul D. Koenig, Mercer County Counsel, for appellant (Paul D. McLemore, Assistant County Counsel, on the brief).

Irwin I. Kimmelman, Attorney General of New Jersey, for respondent, Board of Trustees, Public Employees' Retirement System (Deborah T. Poritz, Deputy Attorney General, of counsel; Ellis I. Medoway, Deputy Attorney General, on the brief).

No brief was filed by respondent Sheshelsky.

Before Judges BOTTER, PRESSLER and O'BRIEN.

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

This controversy, which arises under N.J.S.A. 43:15A-1, et seq. (Public Employees' Retirement System (PERS)), raises the question of whether a member of the system under the age of sixty who is receiving periodic workers' compensation benefits is subject to involuntary retirement on ordinary disability on the application of the employer. We hold that in these circumstances the employer may initiate...

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