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SMITH v. STATE, DEPT. OF TREASURY

915 A.2d 48 (2007)

390 N.J. Super. 209

Sharon K. SMITH, Appellant, v. STATE of New Jersey, DEPARTMENT OF TREASURY, DIVISION OF PENSIONS AND BENEFITS, Respondent.

Superior Court of New Jersey, Appellate Division.

Decided January 29, 2007.

Attorney(s) appearing for the Case

Benjamin A. Spivack argued the cause for appellant (Oxfeld Cohen, attorneys; Mr. Spivack, of counsel and on the brief).

Dawn Harris, Deputy Attorney General, argued the cause for respondent (Stuart Rabner, Attorney General, attorney; Michael Haas, Assistant Attorney General, of counsel; Susanne Culliton, Deputy Attorney General, on the brief).

Before Judges C.S. FISHER, YANNOTTI and MESSANO.

The opinion of the court was delivered by

FISHER, J.A.D.

In this appeal, we reject the novel contention that a public employee may be eligible for accidental disability pension benefits, pursuant to N.J.S.A. 43:15A-43, when the traumatic event that caused the disability occurred before the employee became a member of the Public Employees' Retirement System (PERS).

Sharon K. Smith was hired on March 24, 2003 by the Department of Human Services...

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