IN THE MATTER OF ELIGIBILITY OF CERTAIN ASSISTANT UNION COUNTY PROSECUTORS TO TRANSFER TO PFRS UNDER N.J.S.A. 43:16A-1 ET SEQ.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued May 7, 1997.
Decided May 27, 1997.
Attorney(s) appearing for the Case
William Palleria argued the cause for appellant County Prosecutors' Association of New Jersey (John Musarra, Warren County Prosecutor's Office, attorney and on the joint brief).
James Hirschhorn argued the cause for appellants Robert O'Leary, Patricia Cronin, Deborah G. Cummis, William T. Donegan, Ann K. Frawley, James A. Hart, III, Laura A. Hook, Monique V. Imbert, Daria Smith Isenhour, Thomas K. Isenhour, Stanley J. Kaczorowski, Harold C. Knox, William Kolano, S. Sue Lewis, Susan M. MacMullan, Peter A. McCord, Tangerla D. Mitchell, Maureen O'Brien, Mark J. Panko, Ann R. Rubin, Kenneth N. Siegel, Kathleen H. Walsh, Debra A. White, Albert Zabady, Jr., Michael J. Zidonik (Sills, Cummis, Zuckerman, Radin, Tischman, Epstein & Gross, attorneys; Mr. Hirschhorn, of counsel and on the joint brief).
Richard P. Rodbart argued the cause for appellants Richard P. Rodbart, Henry W. Jaeger and David J. Hancock (Mr. Rodbart, Union County Prosecutor's Office, attorney and on the joint brief).
Robert H. Stoloff, Assistant Attorney General, argued the cause for respondent Board of Trustees of the Police and Firemen's Retirement System (Peter Verniero, Attorney General, attorney; Joseph P. Yannotti, Assistant Attorney General, of counsel; Mr. Stoloff and Susanne Culliton, Deputy Attorney General, on the brief).
Lawrence M. Miller, Assistant Union County Counsel, argued the cause for respondent County of Union (James Keefe, Union County Counsel, attorney; Mr. Miller, on the brief).
Before Judges BAIME, PAUL G. LEVY, and BRAITHWAITE.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by BAIME, J.A.D.
This appeal presents difficult questions having significant financial ramifications on New Jersey public employee pension systems. At issue is whether assistant county prosecutors qualify as "policemen" and are eligible for membership in the Police and Firemen's Retirement System (PFRS). The statutory definition of policeman includes "an administrative or supervisory employee of a law enforcement unit ... whose...
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