NJ Cops Feb2019 | Page 24

Offi cers’ Rights Incomplete assumptions: A look at the future of 20-year service pensions in light of Tasca v. PFRS Thinking about a 20-year service pension? If you became a member of the Police and Firemen’s Retire- ment System (PFRS) after Jan. 18, 2000, you may have to think again — at least for now. The 20-year service pension statute, known as Chapter 428, provides in relevant part as follows: Any member of the retirement system as of the effective date of P.L.1999, c. 428 who has 20 or more STUART years of creditable service at the time of retirement ALTERMAN shall be entitled to receive a retirement allowance equal to 50 percent of the member’s final compensa- tion…N.J.S.A. 43:16A-5(3). The recent Appellate Division case of Regina Tasca v. Board of Trustees, Police and Firemen’s Retirement System, Docket No. A-4028-15T1, which was decided on Jan. 28, addressed the question of whether a 20-year service pension is available for PFRS mem- bers who became a member of PFRS after Jan. 18, 2000. In short, the Appellate Division’s answer to this question was a resounding “no.” This includes members who were in a different New Jersey pension system, such as the Public Employees Retirement System (PERS), prior to Jan. 18, 2000, and, through an interfund transfer, transferred their time from PERS to PFRS. In Tasca, the petitioner was employed as a special police officer from Jan. 1, 1995, through Jan. 24, 2001, and a member in PERS. On Feb. 1, 2001, she joined the Bogota Police Department as a patrol officer and transferred her service credit from PERS to PFRS. There- after, her certification of payroll deductions from PFRS listed Jan. 1, 1995, as her “date of enrollment.” In May 2011, Tasca was involved in disciplinary actions which resulted in her termination in 2012. Five months before her termination, she filed a civil lawsuit against Bogota, members of its police department, the mayor and some of its council members alleging violations of her rights under the New Jersey Law Against Discrimination, Conscientious Employee Protection Act (CEPA) and First Amendment. The end result of the litigation that followed was that Tasca’s suspension from May 2011 and termination in 2012 were invalidated and she was reinstated to employment, though not on active duty. In November 2015, the entire litigation was settled. As part of the settlement agreement, Tasca was to put in for a 20- year service retirement. Throughout the negotiations, she relied on the information supplied to her by PFRS regarding her enrollment date; however, prior to finalizing the settlement, PFRS indicated that she was ineligible for a 20-year pension because she was not a PFRS member on Jan. 18, 2000. When she heard this, she refused to sign the settlement, but a court found the agreement binding. Tasca and Bogota jointly sought to reverse the PFRS determination that she was ineligible for a 20-year service retirement but were un- successful and the matter was appealed to the New Jersey Superior Court, Appellate Division. The Appellate Division held that the language of N.J.S.A. 43:16A- 5(3) requires a member to be enrolled in PFRS as of Jan. 18, 2000, the effective date of the statute, in order to receive a 20-year service The Law Firm of Alterman & Associates, LLC Stuart J. Alterman, Esquire Arthur J. Murray, Esquire Timothy J. Prol, Esquire Proudly representing Law Enforcement and Public Safety for a combined 80 years Contract Negotiation Contract Arbitration Grievances/ Arbitration Discipline Defense Whistleblower /CEPA Hostile Work Environment Pension/Disability Appeals Criminal Defense Workers Compensation Personal Injury Human Resource Issues Civil Rights Litigation Administrative One Stop Shop for Public Safety Alterman & Associates, LLC have been an approved law firm with the PBA Legal Protection Plan since its inception. South Jersey Location North Jersey Location 8 South Maple Avenue, Marlton, NJ 08053 22 Church Street, Haledon, NJ 07508 (856) 334-5737 (973) 956-1621 [email protected] www.altermanandassociates.com www.NJPoliceAttorney.com www.NJCorrectionsAttorney.com 24 NEW JERSEY COPS ■ FEBRUARY 2019