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COLOGNA v. BOARD OF TRUSTEES

Docket No. A-4222-11T4

64 A.3d 995 (2013)

430 N.J. Super. 362

Fabio COLOGNA, Petitioner-Appellant, v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM, Respondent-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided May 1, 2013.

Attorney(s) appearing for the Case

William P. Hannan argued the cause for appellant (Oxfeld Cohen, P.C., attorneys; Sanford R. Oxfeld , Newark, of counsel; Mr. Hannan , of counsel and on the brief).

Diane J. Weeden , Deputy Attorney General, argued the cause for respondent ( Jeffrey S. Chiesa , Attorney General, attorney; Lewis A. Scheindlin , Assistant Attorney General, of counsel; Ms. Weeden, on the brief).

Before Judges PARRILLO, SABATINO and CARROLL.

The opinion of the court was delivered by

SABATINO, J.A.D.

In this case of first impression, we ascertain the intended meaning of N.J.S.A. 43:16A-3(5). This statutory provision extends to five years the usual two-year period within which a former member of the Police and Firemen's Retirement System ("PFRS") may resume employment and reinstitute his membership in the retirement system.

Consistent with the Governor's conditional veto message that...

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