JOSEPH JACKSON VS. BOARD OF TRUSTEES, POLICE ANDFIREMEN'S RETIREMENT SYSTEM(BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM)

NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
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parties in the case and its use in other cases is limited. R. 1:36-3.
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-4084-15T2
JOSEPH JACKSON,
Petitioner-Appellant,
v.
BOARD OF TRUSTEES,
POLICE AND FIREMEN'S
RETIREMENT SYSTEM,
Defendant-Respondent.
______________________________
Submitted September 19, 2017 – Decided October 6, 2017
Before Judges Yannotti, Leone, and Mawla.
On appeal from the Board of Trustees of Police
and Firemen's Retirement System, PFRS No.
3-10-47304.
Jacobs & Barbone, PA, attorneys for appellant
(Louis M. Barbone and John R. Stein, on the
brief).
Christopher S. Porrino, Attorney General,
attorney for respondent (Melissa H. Raksa,
Assistant Attorney General, of counsel; Daniel
F. Thornton, Deputy Attorney General, on the
brief).
PER CURIAM
Petitioner Joseph Jackson appeals from an April 12, 2016
decision by the Board of Trustees (Board) of the Police and
Firemen's Retirement System (PFRS) denying his request to use
accrued leave time as additional service credit for calculation
of retirement benefits. We affirm.
Jackson enrolled in the PFRS on October 1, 1988, based on his
employment as a police officer with the Township of Berlin
(Township). On August 27, 2012, Jackson, then the Chief of Police,
was suspended with pay pending investigation of a sexual harassment
complaint. On January 3, 2013, Jackson was charged with three
counts of sexual harassment. On May 10, 2013, Jackson submitted
a letter of resignation and applied for service retirement
effective June 1, 2013. On June 10, 2013, the Township submitted
a Certification of Service and Final Salary-Retirement to the
Board on behalf of Jackson confirming termination of his employment
effective May 10, 2013.
At its September 9, 2013 meeting, the Board approved Jackson's
service retirement effective June 1, 2013. See N.J.S.A. 43:16A-
5(1). Jackson received retirement benefits. Specifically, he
received a retroactive check for June and July benefits and monthly
benefits thereafter. The Township also paid Jackson a lump sum
for his accrued leave time. Jackson's total accrued service credit
was twenty-four years and eight months. He needed one hundred and
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eight days of creditable service to reach twenty-five years of
service. Twenty-five years of service qualifies an employee for
a special retirement, which provides a greater pension benefit and
post-retirement medical coverage.
Jackson requested that the Board certify he had attained
twenty-five years of creditable service in the PFRS. Jackson
sought to apply his accrued leave time as creditable time for
pension purposes. The Board denied the request.
In its written decision, the Board found that N.J.S.A. 43:16A-
1 excludes from its definition of compensation for services, and
thus creditable service, "individual salary adjustments which are
granted primarily in anticipation of [a] member's retirement[.]"
In Jackson's case, the Board found application of accrued time
toward creditable service would be in anticipation of his
retirement.
The Board noted that N.J.S.A. 43:16A-4(a) states: "Only
service as a policeman . . . paid for by an employer, which was
rendered by a member since that member's enrollment . . . shall
be considered as creditable service for the purposes of this act."
The Board observed that this statute requires a police officer to
render services in order to receive pension credit, but Jackson
rendered no services after his resignation on May 10, 2013.
Moreover, no pension contributions were made by the Township for
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Jackson from the date of his resignation to his twenty-five-year
anniversary.
The Board also found that N.J.A.C. 17:4-4.1(a)(2) excludes
"extra compensation" from compensation subject to pension
contributions creditable for retirement purposes, and the
regulation defines lump sum payments for "vacation . . . [and]
accumulated sick leave" as a form of extra compensation. The
Board reasoned that "the crediting of service and salary credit
is predicated on the performance of service in a PFRS-covered
position. In absence of active service, no pension credit may be
granted." The Board found Jackson, who had resigned, did not meet
these criterion and denied his request.
On appeal, Jackson urges reversal asserting the Board
committed a mistake of law. Specifically, Jackson argues the
Board improperly considered his accumulated leave time as "extra
compensation," and thus not creditable as salaried compensation
for creditable service purposes. Also, Jackson argues his contract
did not address how accumulated sick time or unused vacation time
is treated upon retirement, and the Board's failure to certify the
accrued time as creditable service time "frustrates the
legislative intent of the pension and unfairly punishes
[Jackson][.]" Indeed, Jackson asserts the Township historically
permitted its police officers and former police chiefs to apply
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sick leave time toward creditable service by certifying retirement
as of the date the accrued leave time is exhausted. He argues his
leave time should accordingly be applied to his creditable service.
"In light of the executive function of administrative
agencies, judicial capacity to review administrative actions is
severely limited." In re Musick, 143 N.J. 206, 216 (1996) (citing
Gloucester Cty. Welfare Bd. v. New Jersey Civil Serv. Comm'n, 93
N.J. 384, 390 (1993)). The judiciary can intervene only in "rare
circumstances in which an agency action is clearly inconsistent
with its statutory mission or other state policy." Ibid. We must
affirm a decision of an administrative agency unless the
determination is arbitrary, capricious, unsupported by substantial
credible evidence in the record, or contrary to express or implied
legislative policies. In re Juvenile Det. Officer, 364 N.J. Super.
608, 614 (App. Div. 2003). Furthermore, we are required to "defer
to an agency's expertise and superior knowledge of a particular
field." Greenwood v. State Police Training Ctr., 127 N.J. 500,
513 (1992).
We have carefully considered Jackson's arguments and
thoroughly reviewed the record. We are convinced the Board's
decision is supported by sufficient credible evidence and that
Jackson's arguments are without sufficient merit to warrant
discussion in a written opinion. We add only that Jackson faults
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the Board for his own choices. He chose his own retirement date,
opting to resign effective immediately on May 10, 2013. He did
not reach a "terminal leave" agreement with the Township allowing
him to exhaust his accrued leave time before resigning. The Board
properly used the date he chose for the end of his "service as a
policeman" as the end of his "creditable service." N.J.S.A.
43:16A-4(a).
Therefore, the Board's final determination is affirmed
substantially for the reasons set forth in its April 12, 2016
decision. R. 2:11-3(e)(1)(D) and (E).
Affirmed.
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