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Sunday, January 24, 2016

JOHN WELSH VS. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM A-0191-14T4

JOHN WELSH VS. BOARD OF TRUSTEES, POLICE AND FIREMEN'S 
RETIREMENT SYSTEM 
A-0191-14T4 
We affirm the determination of the Board of Trustees of the New Jersey Police and Firemen's Retirement System denying petitioner's request to reactivate and merge his former PFRS pension account with his current PFRS account. 

We distinguish our decisions in Sellers v. Board of Trustees of the Police & Firemen's Retirement System, 399 N.J. Super. 51 (App. Div. 2008), and Francois v. Board of Trustees, Public Employees' Retirement System, 415 N.J. Super. 335 (App. Div. 2010), where an equitable remedy was appropriate. Unlike those cases, the petitioner was unable to demonstrate detrimental reliance on the actions of either his employer or the Board.