SACCONE v. BD. OF TRUS. OF POLICE

A-49 September Term 2012, 071841

98 A.3d 1158 (2014)

219 N.J. 369

Thomas SACCONE, Plaintiff-Appellant, v. BOARD OF TRUSTEES OF the POLICE AND FIREMEN'S RETIREMENT SYSTEM, Defendant-Respondent.

Supreme Court of New Jersey.

Decided September 11, 2014.


Attorney(s) appearing for the Case

Donald D. Vanarelli argued the cause for appellant (Law Office of Donald D. Vanarelli, attorney; Mr. Vanarelli and Whitney W. Bremer , Westfield, on the brief).

Melissa H. Raksa , Assistant Attorney General, argued the cause for respondent ( John J. Hoffman , Acting Attorney General of New Jersey, attorney; Jeremy M. Vaida and Diane J. Weeden , Deputies Attorney General, on the letter briefs).

Ron M. Landsman , a member of the Maryland bar, argued the cause for amicus curiae Special Needs Alliance, Inc. (Schenck, Price, Smith & King, attorneys; Shirley B. Whitenack , Florham Park, of counsel; Mr. Landsman, and Ms. Whitenack, on the brief).

Daniel J. Jurkovic argued the cause for amici curiae National Academy of Elder Law Attorneys, New Jersey Chapter and Guardianship Association of New Jersey, Inc. (Mr. Jurkovic and Robert F. Brogan , Point Pleasant, on the brief).

John W. Callinan , Wall Township, argued the cause for amicus curiae National Academy of Elder Law Attorneys, Inc.


Justice LaVECCHIA delivered the opinion of the Court.

In this appeal, we review whether the disabled son of a retired member of the Police and Firemen's Retirement System (PFRS) may have his survivors' benefits paid into a first-party special needs trust (SNT) created for him under 42 U.S.C.A. § 1396p(d)(4)(A). We hold that he may and reverse the contrary administrative action by the PFRS Board of Trustees (Board).

The Board's strict view of how...

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