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BOUNDS v. PROSPERO

725 A.2d 103 (1999)

319 N.J. Super. 277

Katherine M. BOUNDS, Carole E. Lanni, and Andrew Billek, Plaintiffs-Appellants, v. Eileen PROSPERO, as Administrative Secretary of the Hudson County Board of Chosen Freeholders, Board of Chosen Freeholders of Hudson County, and the County of Hudson, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided March 12, 1999.

Attorney(s) appearing for the Case

Kathleen A. Mazzouccolo, Jersey City, for plaintiffs-appellants.

Mark E. Morchel, Deputy Hudson County Counsel, for defendants-respondents (Francis DeLeonardis, Hudson County Counsel, attorney).

Before Judges BAIME, CONLEY and A.A. RODRIGUEZ.

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

The issue presented in this appeal is whether a public employee who is eligible to receive a non-contributory pension pursuant to the General Non-Contributory Pension Act, N.J.S.A. 43:8B-1 to -15, is disqualified by virtue of having joined and then withdrawn from a voluntary contributory pension fund. We hold that such employees are eligible to apply for a non-contributory pension.

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