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IN RE N.J.A.C. 17:2-6.5.

DOCKET No. A-2059-18.

257 A.3d 683 (2021)

468 N.J. Super. 229

IN RE N.J.A.C. 17:2-6.5.

Superior Court of New Jersey, Appellate Division.

Decided June 21, 2021.

Attorney(s) appearing for the Case

Jason E. Sokolowski argued the cause for appellant New Jersey Education Association (Zazzali, Fagella, Nowak, Kleinbaum & Friedman, attorneys; Richard A. Friedman , Summit, of counsel and on the briefs).

Robert E. Kelly , Deputy Attorney General, argued the cause for respondent Board of Trustees, Public Employees' Retirement System ( Gurbir S. Grewal , Attorney General, attorney; Sookie Bae , Assistant Attorney General, of counsel; Robert E. Kelly , on the brief).

Before Judges Ostrer, Accurso and Vernoia.

The opinion of the court was delivered by

To receive an accidental disability pension, a public employee must prove that his or her "disability was not the result of his [or her] willful negligence." N.J.S.A. 43:15A-43(a). For over fifty years, the Public Employees' Retirement System (PERS) Board defined "[w]illful negligence...

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