In James Meyers v. State Health Benefits Commission, (New Jersey Supreme Court Slip Opinion A-27-22) (087633) the New Jersey Supreme Court examined a New Jersey public employee’s right to “free” retiree health benefits under the legal doctrine of Equitable Estoppel. In this matter, James Meyers, was a New Jersey State Trooper that had since retired
One of the most common misconceptions is that suffering from pre-existing diseases and/or conditions is an automatic disqualifier from receiving accidental disability retirement benefits. Nevertheless, many applications for accidental disability retirement benefits are denied by the various pension boards due to an employee’s total and permanent disability being attributable to a pre-existing disease or condition.
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
As indicated in our post last week, deciding whether to utilize an attorney when filing for application for disability retirement benefits is an important initial consideration. Many individuals utilize the services of an attorney, while others do not. Nevertheless, many applications for disability retirement are routinely rejected by a Board of Trustees of a pension
Our office receives daily telephone calls and emails from New Jersey public employees who have either been injured at work, or are experiencing an unfortunate medical episode that leaves them with the inability to continue public employment. While each call has unique facts and circumstances, they are very much the same in that the individual
Despite the constant influx of novel legal issues caused by the COVID-19 crisis, the New Jersey Appellate Division is still busy at work rendering decisions on all aspects of the law, including those related to labor and employment. Case in point: M.R. v. Board. of Trustees (PERS), No. A-6015-17T4, 2020 N.J. Super. Unpub. LEXIS
As reported by NJ.com, New Jersey first responders who volunteered at Ground Zero after the Sept. 11 attacks are now eligible for an accidental disability pension under a bill signed into law by Gov. Phil Murphy on Monday. It was one of two 9/11-related measures Murphy signed during a ceremony attended by more than
A recent opinion rendered by the Appellate Division has important implications for all law enforcement officers, and all public employees for that matter, who are considering applying for disability retirement while simultaneously fighting disciplinary charges. The case, Cardinale v. Board of Trustees, Police and Firemen’s Retirement System, A-1997-17T1, involved a police officer who was
As reported by the New Jersey Law Journal, the New Jersey Supreme Court recently clarified the meaning of the term “undesigned and unexpected” event as it pertains to qualifying for accidental disability retirement benefits for a mental disability in the case of Mount v. Board of Trustees, Police and Firemen’s Retirement System. In the
As reported by the New Jersey Law Journal, the Appellate Division recently issued an opinion in the matter Westphal v. Board of Trustees, Police and Firemen’s Retirement System, which addressed certain issues associated with the filing of involuntary disability retirement applications. In the case, the Petitioner, William Westphal, appealed from the Board of