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KOSCHKER v. BOARD OF TRUSTEES

233 N.J. Super. 209 (1989)

558 A.2d 503

ELIZABETH KOSCHKER, MARY BOGLI, ELIZABETH BACON, JOSEPH FARLEY, AND DOROTHY ROBINSON, PLAINTIFFS-APPELLANTS, AND JEAN MESSIG, ESTHER WILLEVER AND EMANUEL NEIMAN, PLAINTIFFS, v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 10, 1989.

Attorney(s) appearing for the Case

Schaff, Motiuk, Gladstone, Moeller and Reed, attorneys for appellants (Robert B. Reed, Of Counsel; Walter G. Luger, on the brief).

Cary Edwards, Attorney General, attorney for respondent (Michael J. Haas, Deputy Attorney General, Of Counsel; Juan J. Gonzalez, Deputy Attorney General, 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 appellants cost-free transfers 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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