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JACOBS v. N.J. STATE HIGHWAY AUTHORITY

54 N.J. 393 (1969)

255 A.2d 266

WILLIAM T. JACOBS, PLAINTIFF-APPELLANT, AND BOARD OF TRUSTEES, PUBLIC EMPLOYEES RETIRING SYSTEM AND EDEN S. EWING, PLAINTIFFS-INTERVENORS, v. NEW JERSEY STATE HIGHWAY AUTHORITY, GARDEN STATE PARKWAY, D. LOUIS TONTI, EXECUTIVE DIRECTOR, AND SYLVESTER C. SMITH, CHAIRMAN, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided July 14, 1969.

Attorney(s) appearing for the Case

Mr. Frederick E. Popovitch argued the cause for plaintiff-appellant William T. Jacobs and for plaintiff-intervenor Eden S. Ewing (Messrs. Toolan, Romond & Burgess, attorneys).

Mr. Theodore A. Winard, Deputy Attorney General, argued the cause for plaintiff-intervenor Board of Trustees, Public Employees Retirement System (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

Mr. Theodore W. Geiser argued the cause for defendants-respondents (Mrs. Sonia Napolitano, on the brief; Messrs. Pindar, McElroy, Connell & Foley, attorneys).

The opinion of the court was delivered by FRANCIS, J.

The issue here is the propriety of the action taken by the New Jersey State Highway Authority in forcing plaintiffs Jacobs and Ewing, two of its employees, to retire, Jacobs at age 66 years and Ewing at 65 1/2 years. This was done pursuant to a department regulation issued on October 30, 1964. On that date all employees were notified that the Authority Commissioners had adopted "a retirement policy [to become effective...

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