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ALLEN v. POLICE & FIREMAN'S RET. SYS.

233 N.J. Super. 197 (1989)

558 A.2d 496

JOSEPH ALLEN, APPELLANT, v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 10, 1989.

Attorney(s) appearing for the Case

Robert A. Fagella argued the cause for appellant (Zazzali, Zazzali, Fagella & Nowak, attorneys; Robert A. Fagella, on the briefs).

Juan J. Gonzalez, Deputy Attorney General, argued the cause for respondent (Peter N. Perretti, Jr., Attorney General; James J. Ciancia, Assistant Attorney General, Of Counsel and on the brief).

Before Judges J.H. COLEMAN, BAIME and D'ANNUNZIO.

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

The issue is whether respondent, Board of Trustees, erred in denying appellant a cost-free transfer from the Public Employees' Retirement System (PERS) to the more beneficial Police and Firemen's Retirement System (PFRS) under a 1986 regulation intended to remedy prior age discrimination. This is the third case we decide today involving the regulation's application.1

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