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LUCAS v. STATE, DIV. OF PENSIONS

267 N.J. Super. 296 (1993)

631 A.2d 559

FRANK P. LUCAS, JR., PETITIONER-APPELLANT, v. STATE OF NEW JERSEY, DIVISION OF PENSIONS (POLICE AND FIREMEN'S RETIREMENT SYSTEM), DEPARTMENT OF PERSONNEL, MERIT SYSTEM TRAINING BOARD, POLICE TRAINING COMMISSION, CITY OF NEWARK, AND NEWARK POLICE DEPARTMENT, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided September 28, 1993.

Attorney(s) appearing for the Case

Jon Kearney argued the cause for appellant (Pope and Bergrin, attorneys; Mr. Kearney, on the letter brief).

Judeth A. Piccinini, Deputy Attorney General, argued the cause for respondents (Fred DeVesa, Acting Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Ms. Piccinini, on the brief).

Before Judges PRESSLER, DREIER and KLEINER.

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

Under N.J.S.A. 40A:14-127, a person over the age of 35 is not eligible for appointment as a member of a local police department. N.J.S.A. 40A:14-127.1, first enacted by L. 1979, c. 461, modified that rule by permitting appointment of a person over 35 who had previously served as a police officer provided that at the time of appointment that person's actual age subtracted by the...

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