BOYLAN v. STATE


116 N.J. 236 (1989)

561 A.2d 552

EDWIN BOYLAN, JOHN E. BUTLER, DOMINIC G. FERLAUTO, THOMAS FITZPATRICK, JOHN W. GARDNER, EDWARD J. GRAY, WILLIAM P. HAYES, JOHN HUSSEY, JAMES N. KARAS, WILLIAM N. LUCK, THOMAS W. MARTIN, WILLIAM R. NIXON, AND ALBERT J. SHLEEH, PLAINTIFFS-RESPONDENTS, v. STATE OF NEW JERSEY, CITY OF JERSEY CITY, CITY OF IRVINGTON, TOWN OF MONTCLAIR, AND CITY OF NEWARK, DEFENDANTS-APPELLANTS. WILLIAM J. COMER, FIRE CHIEF OF THE CITY OF PATERSON; KENNETH PETERSON, FIRE CHIEF OF THE CITY OF PASSAIC; GEORGE SBARRA, FIRE CHIEF OF THE TOWNSHIP OF BELLEVILLE; JAMES HOUN, FIRE CHIEF OF THE CITY OF HOBOKEN; EDWARD WOODS, FIRE CHIEF OF THE CITY OF MARGATE CITY; JOHN W. GARDNER, FIRE CHIEF OF THE TOWN OF MONTCLAIR; AND NEW JERSEY PAID FIRE CHIEFS' ASSOCIATION, PLAINTIFFS-RESPONDENTS, v. THE CITY OF PATERSON, THE CITY OF PASSAIC, THE TOWNSHIP OF BELLEVILLE, THE CITY OF HOBOKEN, THE CITY OF MARGATE CITY, THE TOWN OF MONTCLAIR, AND ALL MUNICIPALITIES OF THE STATE OF NEW JERSEY, DEFENDANTS-APPELLANTS. ALEXANDER M. BEATTIE, JR., APPELLANT, v. CITY OF CLIFTON, N.J. (A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY); AND THE STATE OF NEW JERSEY, N.J. DIVISION OF PENSIONS, RESPONDENTS. GIOACCHINO FIORENTINO, FIREMEN'S MUTUAL BENEVOLENT ASSOCIATION — LOCAL 27; DAVID SLAUGHTER; AND CITY OF OCEAN CITY, RESPONDENTS, v. NEW JERSEY DEPARTMENT OF THE TREASURY — DIVISION OF PENSIONS; HON. DOUGLAS R. FORRESTER, DIRECTOR OF THE DIVISION OF PENSIONS; AND THE POLICE AND FIREMEN'S RETIREMENT SYSTEM OF NEW JERSEY, APPELLANTS.

The Supreme Court of New Jersey.

Decided August 2, 1989.


Attorney(s) appearing for the Case

Michael R. Clancy, Deputy Attorney General, argued the cause for appellants State of New Jersey, et al. (Donald R. Belsole, Acting Attorney General of New Jersey, attorney, Patrice M. Connell, Deputy Attorney General, on the briefs).

Ernest G. Ianetti argued the cause for respondents Edwin Boylan, et al. (Brown & Brown, attorneys).

James V. Segreto argued the cause for respondents William J. Comer, et al. (Segreto & Segreto, attorneys).

Mervyn R. Montgomery argued the cause for respondents Alexander M. Beattie, et al.

Bruce M. Gorman submitted a letter in lieu of a brief on behalf of respondents Gioacchino Fiorentino, et al.

Dennis J. Alessi submitted a brief on behalf of amicus curiae New Jersey State Firemen's Mutual Benevolent Association (Fox and Fox, attorneys, Dennis J. Alessi and David I. Fox, of counsel).

Thomas A. Gonzoph submitted a brief on behalf of amicus curiae The Fire Fighters Association of New Jersey (Schlesinger, Schlosser & Foy, attorneys).

Kenneth I. Nowak submitted a brief on behalf of amicus curiae New Jersey State Police Benevolent Association (Zazzali, Zazzali, Fagella & Nowak, attorneys, James R. Zazzali, of counsel).


The opinion of the Court was delivered by POLLOCK, J.

These appeals involve challenges to the enforcement of early mandatory retirement provisions for law-enforcement officers and firefighters who are enrolled in the Police and Firemen's Retirement System (P & FRS) or the Public Employees Retirement System (PERS). We hold that the 1986 amendments to the federal Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 to 634, permit the early mandatory...

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