NJ Cops | Page 13

ble quota policy based upon the experience during the last few years. While it is too early to determine what the record will reflect in Phillipsburg, the significance of the Court’s decision is that it clearly stated a municipality cannot attempt to get around the statute by implementing a policy which has the effect of requiring officers to satisfy a quota even if the policy uses different terms. We will keep the PBA advised as this case develops in the trial court. In the meantime, any PBA Locals in municipalities which have similar policies should consult with counsel or with the State PBA to determine whether those policies are impermissible ticket quota policies even if they are described in other terms. Court defines when you are considered to be ‘working’ for accidental disability pension eligibility Most officers are aware that an important eligibility requirement for obtaining an accidental disability pension is that the employee must have been “working” at the time of the injury. Construing the meaning of this term is not as simple as might appear at first glance, and the courts have developed specific standards for determining when an employee is actually “at work.” A recent unpublished Appellate Division decision (Esposito v. PERS) discusses these principles, and explains the specific