FRANCIS CHIARELLO VS. BOARD OF TRUSTEES, PUBLIC
EMPLOYEES RETIREMENT SYSTEM
A-1199-11T1
Appellant sought an ordinary disability retirement from one
PERS position with the intention to retain an elected office,
another PERS position, in reliance on N.J.S.A. 43:15A-47.2,
which authorized a multiple PERS member's retention of an
elected office upon retirement from another PERS position. The
court held, among other things, that appellant was not required
to terminate his mayoral position even though N.J.S.A. 43:15A-
47.2 was repealed before his retirement application was ruled
upon. The court reasoned that simple fairness and the principle
that favors prospective application of statutes required that
appellant's eligibility to retain his position as mayor should
be governed by the laws existing at the time of the application,
particularly when appellant applied for a disability retirement
four months before the repeal. The court, however, remanded for
a determination of whether appellant could be totally and
permanently disabled from one position without being similarly
disabled from the other. 12-20-12
