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FASOLO v. DIV. OF PENSIONS

190 N.J. Super. 573 (1983)

464 A.2d 1180

WILLIAM A. FASOLO, APPELLANT, v. BOARD OF TRUSTEES OF DIVISION OF PENSIONS OF NEW JERSEY TREASURY, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided August 1, 1983.

Attorney(s) appearing for the Case

Fasolo, Krause & Dexter, for appellant (William A. Fasolo and Bruce H. Dexter on the briefs).

Irwin I. Kimmelman, Attorney General of New Jersey, for respondent (Deborah T. Poritz, Deputy Attorney General, of counsel; William P. Malloy, Deputy Attorney General, on the brief).

Before Judges MATTHEWS, ANTELL and FRANCIS.

The opinion of the court was delivered by MATTHEWS, P.J.A.D.

In 1981 this court found that PERS had required Fasolo to overpay certain contributions into the PERS fund and that PERS had also underpaid Fasolo for pension payments due to him. The matter was remanded to PERS for computation of the appropriate pension and for adjustments in his contributions. During the period of recalculations Fasolo requested that he be paid the interest that his improperly retained...

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