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NJEA v. BOARD OF TRUSTEES, PERS.

743 A.2d 353 (2000)

327 N.J. Super. 326

NEW JERSEY EDUCATION ASSOCIATION, Petitioner/Appellant, v. BOARD OF TRUSTEES, PUBLIC EMPLOYEES' RETIREMENT SYSTEM, and Board of Trustees, Teachers' Pension and Annuity Fund, Respondents/Respondents.

Superior Court of New Jersey, Appellate Division.

Decided January 19, 2000.

Attorney(s) appearing for the Case

Richard A. Friedman, Newark, for petitioner/appellant (Zazzali, Zazzali, Fagella & Nowak, attorneys; Mr. Friedman, on the brief).

Sherrie L. Gibble, Deputy Attorney General, for respondents/respondents (John J. Farmer, Attorney General, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel; Ms. Gibble, on the brief).

Before Judges MUIR, Jr., WALLACE, Jr. and LESEMANN.

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

The New Jersey Education Association (NJEA) challenges the validity of regulations adopted by the Board of Trustees of the Teachers' Pension and Annuity Fund (TPAF) and the Board of Trustees of the Public Employees' Retirement System (PERS). The regulations require all retired persons receiving a disability pension to undergo a medical examination if the Board has good cause to believe the retiree is no...

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