03-19-08 A-1170-06T1
Where a municipality hired a firefighter under the mistaken
belief that deductions for his service as a police officer and
his service in the military would enable him to meet the
statutory age requirements for firefighters and where the
firefighter, acting in good faith and reasonably, left other
employment to accept the position, the Board of Trustees of the
New Jersey Police and Firemen's Retirement System has the
authority under certain circumstances to apply equitable
principles and provide a remedy.
The denial of plaintiff's enrollment in the New Jersey
Police and Firemen's Retirement System is reversed and remanded
to the Board of Trustees for a determination of whether
plaintiff may be enrolled under equitable principles.
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