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Cheyne R. Scott Prevails in the New Jersey Appellate Division

Cheyne R. Scott Prevails in the New Jersey Appellate Division

Cheyne R. Scott recently defended the County of Hudson in a breach of contract action arising from the County’s denial of a non-contributory pension.  The General Noncontributory Pension Act specifically requires that an employee be 65 years of age OR have attained 40 years of service at the time of retirement in order to be eligible for this pension.  Here, Plaintiff left the employment of the County at the age of 57 and with only 36 years of service.  Approximately 8 years later, at the age of 65, Plaintiff applied for a non-contributory pension and was denied.  Ms. Scott argued before a three-judge Appellate panel that the statute was clear and unambiguous.  In its opinion, the Appellate Division agreed with the County’s position that Plaintiff was barred from receiving the pension pursuant to the plain language of the statute and rejected Plaintiff’s substantive arguments.