BROWN v. STATE


811 A.2d 501 (2002)

356 N.J. Super. 71

Robert BROWN, David Toma, individually and on behalf of all other similarly situated PFRS Accidental Disability retirees that were retired before April 1, 1991, Plaintiffs-Appellants, v. STATE of New Jersey, Department of the Treasury, Division of Pensions & Benefits, Police & Firemens Retirement System, Division of Taxation, Defendants Respondents.

Superior Court of New Jersey, Appellate Division.

Decided December 17, 2002.


Attorney(s) appearing for the Case

Robert C. Brown argued the cause for appellants (Mr. Brown, of counsel and on the brief).

Carol Johnston, Deputy Attorney General, argued the cause for respondents State of New Jersey, Department of the Treasury, Division of Pensions & Benefits, Police & Firemen's Retirement System (David Samson, Attorney General, attorney; Patrick DeAlmeida, Deputy Attorney General, of counsel; Ms. Johnson, on the brief).

Before Judges SKILLMAN, CUFF and WINKELSTEIN.


The opinion of the court was delivered by

WINKELSTEIN, J.A.D.

Plaintiffs are retired police officers who have taken accidental disability retirement and receive a pension funded by the Police & Firemen's Retirement System (PFRS).1 Plaintiffs filed a seven count complaint challenging an amendment to N.J.S.A. 43:16A-7, a provision of the laws concerning the Police & Firemen's Retirement System, N.J.S.A. 43:16A...

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