KRAYNIAK v. Board of Trustees

989 A.2d 306, 412 N.J. Super. 232
CourtNew Jersey Superior Court Appellate Division
DecidedMarch 8, 2010
DocketDOCKET NO. A-2578-08T3
StatusPublished
Cited by11 cases

This text of 989 A.2d 306 (KRAYNIAK v. Board of Trustees) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
KRAYNIAK v. Board of Trustees, 989 A.2d 306, 412 N.J. Super. 232 (N.J. Ct. App. 2010).

Opinion

989 A.2d 306 (2010)
412 N.J. Super. 232

John KRAYNIAK, Petitioner-Appellant,
v.
BOARD OF TRUSTEES, Public Employees' Retirement System, Respondent-Respondent.

DOCKET NO. A-2578-08T3.

Superior Court of New Jersey, Appellate Division.

Submitted September 29, 2009.
Decided March 8, 2010.

*307 John Krayniak, Trenton, appellant, pro se.

Anne Milgram, Attorney General, attorney for respondent (Melissa H. Raksa, Assistant Attorney General, of counsel; Don E. Catinello, Deputy Attorney General, on the brief).

Before Judges RODRÍGUEZ, REISNER and CHAMBERS.

The opinion of the court was delivered by

*308 A.A. RODRÍGUEZ, P.J.A.D.

In this appeal we decide whether a member of the Prosecutor's Part of the Public Employee's Retirement System (PERS) is eligible to retire pursuant to the Early Retirement Incentive (ERI) Act, L. 2008, c. 21. We hold that such a member is not eligible to retire pursuant to ERI.

John Krayniak appeals from the final administrative determination by the Board of Trustees (Board) of the Public Employees' Retirement System (PERS), denying his application for early retirement pursuant to the ERI Act. L. 2008, c. 21. We affirm.

The facts are not disputed. Krayniak began working as a Deputy Attorney General 2 in the Division of Criminal Justice in December 1988. Based on such employment, he was enrolled in PERS that same month. In 2002, the Legislature passed L. 2001, c. 366, which allowed all of Krayniak's service credits in PERS to be rolled into the Prosecutor's Part of PERS. That same year, Krayniak purchased fourteen months of service credit based on military service. The fourteen months were credited to his regular PERS account, not the Prosecutor's Part PERS account.

In June 2008, Governor Corzine signed into law the ERI. The ERI sought to encourage the early retirement of eligible employees to reduce the state workforce and provide fiscal savings. To do this, the ERI provided incentives in the form of additional years of service credit, increased temporarily monthly pension payments, or lifetime paid health benefits. However, in order to maximize savings and minimize liabilities resulting from the ERI Act, the program was limited "to only a designated subset of employees." L. 2008, c. 21 pmbl.

In July 2008, Krayniak filed a timely application for retirement, seeking to retire early pursuant to the ERI Act. At the time of his application, he had approximately nineteen years and seven months credited to the Prosecutor's Part and fourteen months credited to regular PERS. Krayniak chose an option to retire with a veteran's benefit pursuant to regular PERS, using the "right of election" to count his Prosecutor's Part service time as regular PERS service time.[1]

The Division of Pension and Benefits (DPB) denied Krayniak's application for ERI retirement because he was a member of the Prosecutor's Part of PERS. Through a series of letters, Krayniak attempted to persuade the Division that he was eligible for early retirement under ERI. However, the DPB adhered to the denial.

Krayniak appealed to the Board. The Board issued its initial administrative determination, denying Krayniak's application. The Board found that Krayniak was not deemed an "eligible State employee" because he was a participant of the Prosecutor's Part of PERS.

Krayniak disagreed with this decision and appealed to the Board once again. In its final administrative decision, the Board denied Krayniak's appeal. The Board found that the issue before it was purely a legal one, concluding that Krayniak was not eligible for ERI because L. 2008, c. 21 specifically states that the term "eligible State employee" shall not include "a person participating in [PERS] under the *309 [Prosecutor's Part]." The Board found that though Krayniak was "electing to retire and receive `regular' PERS veteran benefits, that choice does not change the fact that [he] participate[s] in the PERS under the provisions of ... [the Prosecutor's Part.]"

I

On appeal, Krayniak contends that the Board erroneously denied his application. Krayniak also contends that "the Board failed to follow rules of statutory construction in interpreting the statute" and incorrectly interpreted the ERI legislation to "apply to job classification," which "disqualifies all prosecutors" because they have service credit in the Prosecutor's Part of PERS. We agree that all prosecutors are disqualified from early retirement under the ERI Act; however, such a disqualification was created by the Legislature, not by an erroneous statutory interpretation by the Board.

This is purely a legal issue. Therefore, the Board's decision is not entitled to deference because appellate courts are "in no way bound by the agency's interpretation of a statute or its determination of a strictly legal issue." Utley v. Bd. of Review, 194 N.J. 534, 551, 946 A.2d 1039 (2008) (quoting Mayflower Sec. Co. v. Bureau of Sec., 64 N.J. 85, 93, 312 A.2d 497 (1973)). In some situations, we give substantial weight to an agency's interpretation of its enabling statutes, particularly where it has special expertise. N.J. Soc. for Prevention of Cruelty to Animals v. N.J. Dep't. of Agric., 196 N.J. 366, 385, 955 A.2d 886 (N.J.2008). However, statutory interpretation is primarily the role of the judiciary and is not an administrative function. Bd. of Educ. v. N.J. State Bd. of Educ., 372 N.J.Super. 341, 348-49, 858 A.2d 576 (App.Div.2004) (citing Mayflower, supra, 64 N.J. at 93, 312 A.2d 497).

Here, the issue is the statutory meaning of L. 2008, c. 21, Section 1(e), which states as follows:

The term [eligible employee] shall not include an employee of a public agency or organization as defined in section 71 of [L. 1954, c. 84] (C.43:15A-71), [or a person participating in the Public Employees' Retirement System under the provisions of ... L.2001, c. 366](C:43:15A-155 et seq.), [the Prosecutor's Part of PERS.] (emphasis added).

The Board has interpreted this phrase to mean that any employee who participates or is enrolled in the Prosecutor's Part is excluded from participation in the ERI program. We agree with this construction.

Krayniak argues the phrase instead excludes only those who "retire under" the Prosecutor's Part and that the legislation actually only excludes employees who "retire under" the Prosecutor's Part of PERS. We reject these arguments.

The statutory language is clear and explicitly excludes employees who participate in the Prosecutor's Part of PERS. When interpreting statutes, we seek to "effectuate the legislative intent in light of the language used and the objects sought to be achieved." McCann v. Clerk of Jersey City, 167 N.J. 311, 320, 771 A.2d 1123 (2001) (quoting State v. Hoffman, 149 N.J. 564, 578, 695 A.2d 236 (1997)). A statute's language "is the surest indicator of the Legislature's intent." Alan J. Cornblatt, P.A. v. Barow, 153 N.J. 218, 231, 708 A.2d 401 (1998). Thus when interpreting a statute, "the first step is [to examine] the provisions of the legislative enactment to ascertain whether they are expressed in plain language that, in accordance with ordinary meaning, clearly and unambiguously yields only one interpretation." Richard's Auto City, Inc. v. Dir., Div. of *310 Taxation, 140

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Cite This Page — Counsel Stack

Bluebook (online)
989 A.2d 306, 412 N.J. Super. 232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/krayniak-v-board-of-trustees-njsuperctappdiv-2010.