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FAIR LAWN ED. ASS'N v. FAIR LAWN BD. OF EDUCATION

79 N.J. 574 (1979)

401 A.2d 681

FAIR LAWN EDUCATION ASSOCIATION, PLAINTIFF-APPELLANT, v. FAIR LAWN BOARD OF EDUCATION, DEFENDANT AND THIRD-PARTY PLAINTIFF-RESPONDENT, v. TEACHERS' PENSION AND ANNUITY FUND, DIVISION OF PENSIONS, DEPARTMENT OF TREASURY, STATE OF NEW JERSEY, THIRD-PARTY DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided May 16, 1979.

Attorney(s) appearing for the Case

Mr. William S. Greenberg argued the cause for appellant (Messrs. Greenberg and Mellk, attorneys; Mr. David Arrajj, on the brief).

Mr. Reginald F. Hopkinson argued the cause for respondent, Fair Lawn Board of Education (Messrs. Jeffer, Walter, Tierney, De Korte, Hopkinson and Vogel, attorneys).

Mr. Stacy L. Moore, Jr., Deputy Attorney General, argued the cause for respondent, Teachers' Pension and Annuity Fund (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

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

In this case we are called upon to assess the validity of an Early Retirement Remuneration Plan (ERR) agreed to by the Fair Lawn Board of Education (Board) and the Fair Lawn Education Association (Association) — the majority representative of the Board's teaching employees. For the reasons to be given below, we conclude that the particular plan here at issue: (1) lacks statutory authorization; (2) contravenes...

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