MICHAEL B. FRANCOIS v. BOARD OF TRUSTEES, PUBLIC
EMPLOYEES' RETIREMENT SYSTEM
A-0687-08T2 08-23-10
Petitioner who was on "mobility assignment" from the New
Jersey Economic Development Authority (EDA) to the Port
Authority of New York and New Jersey (PA) from May 2003 to
December 2005 and who was paid by the EDA while the EDA was
being reimbursed by the PA for petitioner's salary and benefits,
and while petitioner was doing work beneficial to the State of
New Jersey, was entitled to PERS pension service credits for the
period of assignment notwithstanding his resignation at age
fifty-five when he could take an early retirement without
penalty and acceptance of the same job as a Port Authority
employee at that time. His employer's failure to follow the
technical requirements and prerequisites for the assignment
cannot prejudice the petitioner who relied on the benefits.
However, petitioner is not entitled to the salary credits
received while at the PA to the ewould have earned with the EDA.
