On appeal from Final Determination of the Board of Trustees, Teachers' Pension and Annuity Fund.
Petrella, D'Annunzio and Keefe. The opinion of the court was delivered by D'Annunzio, J.A.D.
Charles LePrince appeals from a final determination by the Board of Trustees, Teachers' Pension and Annuity Fund (hereinafter Board) effecting a partial forfeiture of his pension.
Appellant retired on January 1, 1986 with twenty-two years and nine months of service as a school psychologist employed by a
board of education. His monthly pension was $1,465.08. LePrince was indicted on February 23, 1988. The indictment charged him with one count of aggravated criminal sexual contact, one count of criminal sexual contact, three counts of misconduct in office, and two counts of sexual assault. The acts charged involved three male victims.
Pursuant to a plea agreement LePrince pleaded guilty on December 20, 1989 to the first count which charged that between January 1, 1982 and June 30, 1982 he committed an act of sexual contact with B.C.*fn1 when B.C. "was at least 13 but less than 16 years old and Charles Edward LePrince had supervisory power over [B.C.]" in violation of N.J.S.A. 2C:14-3a and N.J.S.A. 2C:14-2a(2)(b). Defendant was sentenced on March 2, 1990, to three years of probation. The other six counts were dismissed.
It was undisputed that LePrince first met B.C. in his capacity as a school psychologist when he performed an evaluation of B.C. and prepared an evaluation report.
In August 1990, the Board notified appellant that due to the offense, it had determined that his service after December 31, 1981 was "not creditable for retirement calculation purposes inasmuch as it was rendered after the date of the offense." The Board recalculated LePrince's monthly pension allowance and reduced it from $1,465.08 to $655.02. It also determined that, because of the reduction in the monthly allowance, LePrince had been overpaid for the period January 1, 1986 to September 1, 1990 in the amount of $46,287.96. The Board demanded repayment of this amount.
LePrince appealed and the matter was heard by an Administrative Law Judge whose initial decision "affirmed" the Board's action. In its Final Administrative Determination dated January 10, 1992, the Board adopted the ALJ's findings and Conclusions.
LePrince now appeals and makes the following contentions:
I. FULL PENSION BENEFITS SHOULD BE RESTORED ...