In the Matter of HELEN F. PIRRELLO

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-3334-05T23334-05T2

In the Matter of

HELEN F. PIRRELLO

 
____________________________________________________________

Argued May 1, 2007 - Decided May 10, 2007

Before Judges Coburn and Gilroy.

On appeal from a Final Agency Decision of the

Board of Trustees, Public Employees' Retirement System, PERS-781759.

Thomas W. Polaski argued the cause for appellant

Helen Pirrello.

Jeff Ignatowitz, Deputy Attorney General, argued

the cause for respondent Board of Trustees,

Public Employees' Retirement System (Stuart Rabner,

Attorney General, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel;

Mr. Ignatowitz, on the brief).

PER CURIAM

Helen F. Pirrello appeals from a final administrative decision issued by the Board of Trustees, Public Employees' Retirement System (the "Board") denying her request to purchase pension service credits for periods of non-continuous temporary employment. She seeks reversal based on the following points:

POINT I

THE BOARD ERRED IN ITS DETERMINATION THAT PETITIONER'S TEMPORARY SERVICE WAS NOT WITHOUT INTERRUPTION.

POINT II

THE BOARD ERRED IN FAILING TO SUBMIT THE MATTER TO AN ADMINISTRATIVE LAW JUDGE TO MAKE NECESSARY FINDINGS OF FACT.

After carefully considering the record and briefs, we are satisfied that the administrative decision is supported by sufficient credible evidence on the record as a whole and that all of appellant's arguments are without sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(D)

and (E). Nevertheless, we add the following comments.

Appellant began her permanent employment with Rutgers University in 1987. She tried to purchase service credits for her preceding temporary service as an employee at Rutgers, but the Board denied the request with a minor exception not pertinent to this appeal. She did not appeal, and in 1992, she enrolled in the Alternate Benefit Program, thereby ceasing her membership in the Public Employees' Retirement System ("PERS" or "the System"). In 2001, she again asked for permission to purchase the same previous service credits, but did not pursue that relief. And in 2005, she instituted the instant proceedings for the same relief previously sought.

The request for relief and appellant's request for a hearing in the Office of Administrative Law were denied. The hearing request was denied because there were no contested issues of fact, and the relief sought was denied for two reasons: the temporary working periods did not involve continuous and uninterrupted employment, and appellant was not a member of PERS when she applied to purchase the credits.

We will limit our comments to the second reason. N.J.A.C. 17:2-5.1(a) provides, among other things, that "[o]nly active members of the System shall be eligible to make application for purchase of credit." Even if there were eligible service credits, appellant would not be able to purchase them because she ceased being a member of the System in 1992.

Affirmed.

 

(continued)

(continued)

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A-3334-05T2

May 10, 2007