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IN RE CAMDEN COUNTY

790 A.2d 158 (2002)

170 N.J. 439

In the Matter of CAMDEN COUNTY, A Body Politic of the State of New Jersey. County of Camden, Appellant-Appellant, v. Board of Trustees of the Public Employees Retirement System (PERS), Respondent-Respondent, and William J. Simon, Petitioner-Respondent.

Supreme Court of New Jersey.

Decided February 20, 2002.

Attorney(s) appearing for the Case

Donna M. Whiteside, Assistant County Counsel, argued the cause, for appellant (Robert G. Millenky, Camden County Counsel, attorney).

David Dembe, Deputy Attorney General, argued the cause for respondent Board of Trustees of the Public Employees' Retirement System (PERS) (John J. Farmer, Jr., Attorney General of New Jersey, attorney; Kimberly A. Sked, Deputy Attorney General, on the letter in lieu of brief).

Ellis I. Medoway, argued the cause for respondent William J. Simon (Archer & Greiner, attorneys; Mr. Medoway and Patrick M. Flynn, on the brief).

The opinion of the Court was delivered by LaVECCHIA, J.

This appeal arose from an administrative proceeding before the Board of Trustees of the Public Employees Retirement System (PERS Board), in which the County of Camden sought to contest the award of ordinary disability benefits to respondent William J. Simon, the former Camden County Sheriff. Simon applied for disability benefits immediately after failing in his bid for reelection to office in 1994 notwithstanding...

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