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CITY OF CAPE MAY v. COLOSI

739 A.2d 101 (1999)

325 N.J. Super. 288

CITY OF CAPE MAY, Plaintiff-Appellant, v. Richard COLOSI and Cape May Beach Patrol Benevolent Association, Defendants-Respondents, and Joseph DeVito and Cape May Beach Patrol Benevolent Association, Plaintiffs-Respondents, v. City of Cape May, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided November 3, 1999.

Attorney(s) appearing for the Case

Steven D. Scherzer, Atlantic City, for appellant (Cooper Perskie April Niedelman Wagenheim & Levenson, attorneys; Robert A. Fineberg, Cape May Court House, on the brief).

Steven R. Cohen, Mount Laurel, for respondents (Selikoff & Cohen, attorneys; David S. DeWeese, Wildwood, on the brief).

Before Judges D'ANNUNZIO, FALL and BILDER.

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

The issue in these consolidated actions is whether N.J.S.A. 43:13-24 (section 24) requires the City of Cape May (City) to pay a pension to qualified lifeguards. Judge Callinan resolved the issue in favor of the lifeguards. We affirm.

Section 24 provides:

In all cities of the fourth class any member of the life guard force, whether employed as an officer or a guard, who has or shall...

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