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HEMSEY v. BOARD OF TRUSTEES, POLICE & FIREMEN'S RETIREMENT SYSTEM

A-15 September Term 2008

966 A.2d 1020 (2009)

198 N.J. 215

Abraham HEMSEY, Petitioner-Appellant, v. BOARD OF TRUSTEES, POLICE & FIREMEN'S RETIREMENT SYSTEM, Respondent-Respondent.

Supreme Court of New Jersey.

Decided March 24, 2009.

Attorney(s) appearing for the Case

Charles J. Uliano, West Long Branch, argued the cause for appellant (Chamlin, Rosen, Uliano & Witherington, attorneys; Andrew T. Walsh, on the brief).

Eileen Schlindwein Den Bleyker, Deputy Attorney General, argued the cause for respondent (Anne Milgram, Attorney General of New Jersey, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel).

Stephen E. Trimboli, argued the cause for amicus curiae City of Trenton (Knapp, Trimboli & Prusinowski, attorneys).

Justice WALLACE, delivered the opinion of the Court.

In this case we determine whether the Board of Trustees of the Police and Firemen's Retirement System (Board) properly cancelled the retirement allowance of a retired police officer and required him to re-enroll in the Police and Firemen's Retirement System (PFRS) when he became reemployed, first as a civilian consultant to the City of Trenton's (City's) Communications Section and later, as Director of the Communications...

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