When filing an application for disability retirement benefits with any of New Jersey public employee pension systems, there are a myriad of considerations that must be taken into account and certain pitfalls that can occur along the way. One of the considerations and/or pitfalls that must be considered is whether a member has any active litigation pertaining to their employment pending at the time the application is filed. In the event there is such litigation, whether it be criminal, disciplinary, or civil, a member’s application will be held in abeyance or be placed “on hold” until such time as the litigation is concluded. Dependent upon the type of litigation, this could be for a period of months, if not years.

The Superior Court of New Jersey, Appellate Division, recently reaffirmed this principle in the unpublished case Roe v. Board of Trustees, Police and Firemen’s Retirement System, Docket No. A-3839-21, Decided March 11, 2024. In that case, the Court relied on the plain wording of N.J.A.C. 17:1-6.2, which provides that applications for disability retirement will be held in abeyance when a member is subject to criminal charges, disciplinary charges, or has any active litigation pertaining to their employment. Simply put, the outcome of those types of cases may have direct impact on a member’s employment date, compensation, and other factors utilized in determining whether a member is entitled to disability retirement benefits and/or the monies they can potentially obtain in retirement.

As such, if you are thinking about whether to file for disability retirement benefits, be mindful if you are subject to criminal charges, disciplinary charges, or in active litigation of some type pertaining to your employment. If that is the case, contact competent, qualified counsel to discuss your options and potential issues going forward.