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SIMON v. BOARD OF TRUSTEES

233 N.J. Super. 186 (1989)

558 A.2d 490

WILLIAM J. SIMON, PETITIONER-APPELLANT, v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM, RESPONDENT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 10, 1989.

Attorney(s) appearing for the Case

Gruccio, Pepper, Giovinazzi & DeSanto, attorneys for appellant (E. Edward Bowman, Of Counsel and on the brief).

Cary Edwards, Attorney General of New Jersey, attorney for respondent (James J. Ciancia, Assistant Attorney General, Of Counsel; Juan J. Gonzalez, Deputy Attorney General, on the brief).

Before Judges J.H. COLEMAN, BAIME and D'ANNUNZIO.

The opinion of the court was delivered by D'ANNUNZIO, J.A.D.

The issue is whether respondent, Board of Trustees, erred in denying appellant a cost-free transfer from the Public Employees' Retirement System (PERS) to the more beneficial Police and Firemen's Retirement System (PFRS) under a 1986 regulation intended to remedy prior age-discrimination. This is the third case we decide today involving the regulation's application...

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