This case involved a public employee who appealed from the final decision of the Board of Trustees of the Public Employees' Retirement System, which denied her application for deferred retirement benefits pursuant to N.J.S.A. 43:15A-38. We determined that the Board erred in ruling that appellant'sdeferred retirement benefits were forfeited as a result of her conviction of two counts of assault by auto. We conclude that where the removal from employment for cause is based on charges of misconduct or delinquency not related to the employee's official duties, the public employee is entitled to his or her vested deferred retirement allowance. 8-30-11
