Hemsey v. Board of Trustees, Police & Firemen's Retirement System

Summary

The Supreme Court of New Jersey held that Abraham Hemsey was not required to reenroll in the Police and Firemen's Retirement System after retiring and returning to work for the City of Trenton. The court concluded that the evidence did not establish that his consulting position involved administrative or supervisory duties over police officers or firefighters, and his later appointment as Director of Communications occurred more than six months after retirement. The court reversed the Appellate Division and remanded the matter to the Board.

Holdings

1. N.J.S.A. 43:16A-3.1 requires an employee to establish four elements for continued or renewed PFRS eligibility: current service with a law enforcement or firefighting unit, service in an appointive capacity, administrative or supervisory duties over police officers or firefighters, and prior service as a member of a law enforcement or firefighting unit less than six months before the appointment.
2. Hemsey's work as a Communications Section consultant was not PFRS-eligible because the record lacked sufficient credible evidence that he performed administrative or supervisory duties over police officers or firefighters.
3. Hemsey's appointment as civilian Director of Communications was not PFRS-eligible because it occurred more than six months after his retirement.

Questions Presented

1. Whether Hemsey's work as a civilian communications consultant satisfied the statutory requirement of an appointive capacity with administrative or supervisory duties over police officers or firefighters, making the position PFRS-eligible.
2. Whether Hemsey's later appointment as Director of Communications was PFRS-eligible despite occurring more than six months after his retirement.
3. Whether the Board properly cancelled Hemsey's retirement benefits, required re-enrollment in PFRS, and ordered repayment.

Disposition

reversed_and_remanded