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CHIARELLO v. BD. OF TRUST., PUBL.

Docket No. A-1199-11T1

57 A.3d 567 (2012)

429 N.J. Super. 194

Francis CHIARELLO, Appellant, v. BOARD OF TRUSTEES, PUBLIC EMPLOYEES RETIREMENT SYSTEM, Respondent.

Superior Court of New Jersey, Appellate Division.

Decided December 20, 2012.

Attorney(s) appearing for the Case

John D. Feeley argued the cause for appellant ( Feeley and SayeghM and The Blanco Law Firm, attorneys; Mr. Feeley and Pablo N. Blanco , South Orange, of counsel and on the brief).

Robert H. Stoloff , Assistant Attorney General, argued the cause for respondent ( Jeffrey S. Chiesa , Attorney General, attorney; Lewis A. Scheindlin , Assistant Attorney General, of counsel; Mr. Stoloff , on the brief).

Before Judges FISHER, WAUGH and ST. JOHN.

The opinion of the court was delivered by

FISHER, P.J.A.D.

In February 2011, appellant Francis Chiarello, a multiple member of the Public Employees' Retirement System (PERS), applied for an ordinary disability retirement from his position with the South Jersey Transportation Authority (SJTA) with the intention to remain in his other PERS position as mayor of Buena Vista Township. N.J.S.A. 43:15A-47.2 (Section 47.2), which ostensibly permitted a public...

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