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Cortese v. Board of Trustees of the Public Employees' Retirement System

NJSUPERCTAPPDIVMarch 29, 2001
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Case Details

Judge(s)
Alley
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Outcome

The court affirmed the Board of Trustees' determination that a $63,685 payment for bond-financing services was not creditable compensation for pension purposes because it was compensation for temporary duties outside the employee's base or contractual salary.

What This Ruling Means

**What Happened** A public employee named Cortese received a $63,685 payment for providing bond-financing services to the Essex County Utilities Authority. He wanted this payment counted toward his pension benefits, arguing it should be considered part of his regular compensation for retirement calculation purposes. The Public Employees' Retirement System disagreed and refused to include this money in his pension calculations. **What the Court Decided** The court sided with the retirement system. The judges ruled that the $63,685 payment could not be counted toward Cortese's pension because it was compensation for temporary work outside his regular job duties and base salary. The court affirmed that only certain types of compensation qualify for pension credit calculations. **Why This Matters for Workers** This ruling clarifies that not all payments from employers count toward pension benefits. Public employees should understand that extra payments for temporary assignments, special projects, or work outside their regular job description may not boost their retirement benefits. Workers planning for retirement should verify with their pension system which types of compensation actually count toward their pension calculations to avoid unpleasant surprises later.

This summary was generated to explain the ruling in plain English and is not legal advice.

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