Smith v. State, 915 A.2d 48 (N.J. Super. Ct. App. Div. 2007). · Go Syfert
Smith v. State, 915 A.2d 48 (N.J. Super. Ct. App. Div. 2007). Cases Citing This Book View Copy Cite
66 citation events (66 in the last 25 years) across 2 distinct courts.
Strongest positive: Ernest Turner v. Board of Trustees, Etc. (njsuperctappdiv, 2026-02-02)
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 35 distinct citers. How cited ↗
cited Cited as authority (rule) Ernest Turner v. Board of Trustees, Etc.
N.J. Super. Ct. App. Div. · 2026 · confidence medium
Super. 232, 242 (App. Div. 2010) (quoting Smith v. Dep't of Treasury, 390 N.J.
discussed Cited as authority (rule) Shu Zhang v. Board of Trustees, Etc.
N.J. Super. Ct. App. Div. · 2026 · confidence medium
The Board admitted cases like Seago's were rare and the Court's holding was "a narrow one that applies specifically to Seago's unique circumstances; thus, it will not 'place a greater strain on the financial integrity A-1000-24 19 of the fund.'" Ibid. (quoting Smith v. State, Dep't of Treasury, 390 N.J.
discussed Cited as authority (rule) Jeffrey Almeida v. Board of Trustees, Etc.
N.J. Super. Ct. App. Div. · 2025 · confidence medium
In Richardson, our Supreme Court held that an individual seeking accidental disability retirement benefits through a government retirement system must establish: A-2712-23 10 1. that he is permanently and totally disabled; 2. as a direct result of a traumatic event that is a. identifiable as to time and place, b. undesigned and unexpected, and c. caused by a circumstance external to the member (not the result of pre-existing disease that is aggravated or accelerated by the work); 3. that the traumatic event occurred during and as a result of the member's regular or assigned duties; 4. that the…
discussed Cited as authority (rule) David Lande v. Board of Trustees, Etc.
N.J. Super. Ct. App. Div. · 2025 · confidence medium
While it is generally recognized that pension laws should be construed liberally, it is also recognized that pension laws "must be carefully interpreted so as not to 'obscure or override considerations of . . . a potential adverse impact on the financial integrity of the [f]und.'" Smith v. State, Dep't of Treasury, 390 N.J.
discussed Cited as authority (rule) George Lewis v. Board of Trustees, Etc.
N.J. Super. Ct. App. Div. · 2025 · confidence medium
However, while "an employee is entitled to [such] liberality . . . when eligible for benefits, . . . eligibility is not to be liberally permitted." Smith v. State, Dep't of Treasury, Div. of Pensions & Benefits, 390 N.J.
discussed Cited as authority (rule) Michael Picariello v. Board of Trustees, Etc.
N.J. Super. Ct. App. Div. · 2025 · confidence medium
However, while "an employee is entitled to [such] liberality . . . when eligible for benefits, . . . eligibility is not to be liberally permitted." Smith v. State, Dep't of Treasury, Div. of Pensions & Benefits, 390 N.J.
discussed Cited as authority (rule) Jerald Lee v. Board of Trustees, Etc.
N.J. Super. Ct. App. Div. · 2024 · confidence medium
However, while "an employee is entitled to [such] liberality . . . when eligible for benefits, . . . eligibility is not to be liberally permitted." Smith v. State, Dep't of Treasury, Div. of Pensions & Benefits, 390 N.J.
discussed Cited as authority (rule) Luis Fermin v. Board of Trustees, Etc.
N.J. Super. Ct. App. Div. · 2024 · confidence medium
Relevant here, "[t]he rule also bars members from applying for a disability retirement if they voluntarily or involuntarily terminate service" by "[r]emoval for cause or total forfeiture of public service" and "[s]ettlement agreements reached due to pending administrative or criminal charges, unless the underlying charges relate to the disability." Id. at 397-98 (quoting N.J.A.C. 17:1-6.4(b)(1) and (2)). "[A]lthough a person eligible for benefits is entitled to a liberal interpretation of a pension statute, 'eligibility [itself] is not to be liberally permitted.'" Id. at 399 (quoting Smith v. …
discussed Cited as authority (rule) Matthew Trotter v. Board of Trustees
N.J. Super. Ct. App. Div. · 2024 · confidence medium
Instead, in determining a person's eligibility to a pension, the applicable guidelines must be carefully interpreted so as not to "obscure or override considerations of . . . a potential adverse impact on the financial integrity of the [f]und." [Smith v. State, Dep't of Treasury, Div. of Pensions & Benefits, 390 N.J.
discussed Cited as authority (rule) Susan Seago v. Board of Trustees, Teachers' Pension and Annuity Fund
N.J. · 2024 · confidence medium
For example, in Smith v. Department of Treasury, the Appellate Division rejected the plaintiff’s interpretation of a PERS-related statute, in part because that interpretation would have expanded “the class of persons eligible for . . . significantly greater” pension benefits and would therefore have placed “a greater strain on the financial integrity of the fund . . . and its future availability for those persons who are truly eligible for such benefits.” 390 N.J.
cited Cited as authority (rule) Gail Krzyzczuk v. Board of Trustees, Etc.
N.J. Super. Ct. App. Div. · 2024 · confidence medium
Super. 90, 94 (App. Div. 2000), however "eligibility is not to be liberally permitted," Smith v. State, Dep't of Treasury, Div. of Pensions & Benefits, 390 N.J.
cited Cited as authority (rule) Dennis McCool v. Board of Trustees, Etc.
N.J. Super. Ct. App. Div. · 2024 · confidence medium
However, "eligibility is not to be liberally permitted." Smith v. State, Dep't of Treasury, Div. of Pension & Benefits, 390 N.J.
cited Cited as authority (rule) Michael Cheski v. Board of Trustees, Etc.
N.J. Super. Ct. App. Div. · 2024 · confidence medium
Super. 90, 94 (App. Div. 1999), "eligibility is not to be liberally permitted." Smith v. Dep't of Treasury, 390 N.J.
discussed Cited as authority (rule) Dulce Vieira v. Board of Trustees, Etc.
N.J. Super. Ct. App. Div. · 2024 · confidence medium
However, this liberality is to be applied when the employee is eligible for benefits, "but eligibility is not to be liberally permitted." Smith v. Dep't of Treasury, Div. of Pensions & Benefits, 390 N.J.
discussed Cited as authority (rule) Michael Bent v. Board of Trustees, Etc.
N.J. Super. Ct. App. Div. · 2024 · confidence medium
To establish entitlement to ADR benefits, a member must prove: 1. that he is permanently and totally disabled; 2. as a direct result of a traumatic event that is a. identifiable as to time and place, b. undesigned and unexpected, and A-0677-22 6 c. caused by a circumstance external to the member (not the result of pre-existing disease that is aggravated or accelerated by the work); 3. that the traumatic event occurred during and as a result of the member's regular or assigned duties; 4. that the disability was not the result of the member's willful negligence; and 5. that the member is mentall…
discussed Cited as authority (rule) Veronica
N.J. Super. Ct. App. Div. · 2024 · confidence medium
However, this liberality is to be applied when the employee is eligible for benefits, "but eligibility is not to be liberally permitted." Smith v. Dep't of Treasury, Div. of Pensions & Benefits, 390 N.J.
discussed Cited as authority (rule) Michael Mosca v. Board of Trustees, Etc.
N.J. Super. Ct. App. Div. · 2024 · confidence medium
The judicial role in reviewing an administrative action is generally limited to three inquires: (1) whether the agency's action violates express or implied legislative policies, that is, did the agency follow the law; (2) whether the record contains substantial evidence to support the findings on which the agency based its action; and (3) whether in applying the legislative policies to the facts, the agency clearly erred in reaching a conclusion that could not reasonably have been made on a showing of the relevant factors. [Allstars Auto Grp., 234 N.J. at 157 (quoting In re Stallworth, 208 N.J…
discussed Cited as authority (rule) Donald Trout v. Board of Trustees, Etc.
N.J. Super. Ct. App. Div. · 2024 · confidence medium
Although pension statutes are "remedial in character" and "should be liberally construed and administered in favor of the persons intended to be benefited thereby," Geller v. Dep't of Treasury, 53 N.J. 591, 597-98 (1969), "eligibility is not to be liberally permitted," Smith v. State, Dep't of Treasury, 390 N.J.
discussed Cited as authority (rule) Angel Mendez v. Board of Trustees, Etc.
N.J. Super. Ct. App. Div. · 2024 · confidence medium
Although pension statutes are "remedial in character" and "should be liberally construed and administered in favor of the persons intended to be benefited thereby," Geller v. Dep't of Treasury, 53 N.J. 591, 597-98 (1969), "eligibility is not to be liberally permitted," Smith v. State, Dep't of Treasury, 390 N.J.
cited Cited as authority (rule) David Winkler v. Board of Trustees, Etc.
N.J. Super. Ct. App. Div. · 2024 · confidence medium
When determining an applicant's eligibility for pension benefits, "eligibility is not to be liberally permitted." Smith v. Dep't of Treasury, Div. of Pensions & Benefits, 390 N.J.
discussed Cited as authority (rule) State of New Jersey v. Sean Lavin
N.J. Super. Ct. App. Div. · 2023 · confidence medium
"An inappropriate allowance of benefits tends 'to place a greater strain on the financial integrity of the fund in question and its future availability for those persons who are truly eligible for such benefits.'" Id. at 350 (quoting Smith v. State, Dept. of Treasury , 390 N.J.
cited Cited as authority (rule) J.A.W. v. BOARD OF TRUSTEES, ETC. (STATE POLICE RETIREMENT SYSTEM)
N.J. Super. Ct. App. Div. · 2022 · confidence medium
A-1570-20 7 eligibility is not to be liberally permitted." Smith v. State, Dep't of Treasury, Div. of Pensions & Benefits, 390 N.J.
cited Cited as authority (rule) DIANNE MERWIN v. BOARD OF TRUSTEES, ETC. (PUBLIC EMPLOYEES' RETIREMENT SYSTEM)
N.J. Super. Ct. App. Div. · 2022 · confidence medium
Super. 386, 399 (App. Div. 2018) (quoting Smith v. Dep't of Treasury, Div. of Pensions & Benefits, 390 N.J.
discussed Cited as authority (rule) LOUIS PEPE VS. BOARD OF TRUSTEES, ETC. CHRISTOPER BARRELLA VS. BOARD OF TRUSTEES, ETC. JAMES BOYLE VS. BOARD OF TRUSTEES, ETC. RICHARD BIZZARI VS. BOARD OF TRUSTEES, ETC. (PUBLIC EMPLOYEES' RETIREMENT SYSTEM) (CONSOLIDATED) (2×)
N.J. Super. Ct. App. Div. · 2021 · confidence medium
Super. 386, 399 (App. Div. 2018) (second alteration in original) (quoting Smith v. Dep't of Treasury, Div. of Pensions & Benefits, 390 N.J.
cited Cited as authority (rule) THERESA TRIOLA VS. BOARD OF TRUSTEES, ETC. (PUBLIC EMPLOYEES' RETIREMENT SYSTEM)
N.J. Super. Ct. App. Div. · 2021 · confidence medium
When determining one's eligibility for pension benefits, "eligibility is not to be liberally permitted." Smith v. Dep't. of Treasury, Div. of Pensions & Benefits, 390 N.J.
discussed Cited as authority (rule) ROBYN D. FISHER VS. BOARD OF TRUSTEES (PUBLIC EMPLOYEES' RETIREMENT SYSTEM)
N.J. Super. Ct. App. Div. · 2021 · confidence medium
However, the Board's exercise of that inherent power should be invoked only when a member demonstrates "good cause, reasonable grounds, and reasonable diligence." Id. at 109. 5 While "an employee is entitled to [such] liberality . . . when eligible for benefits, . . . eligibility is not to be liberally permitted." Smith v. State, Dep't of Treasury, Div. of Pensions & Benefits, 390 N.J.
cited Cited as authority (rule) WILLIAM ROGERS VS. DEPARTMENT OF TREASURY (POLICE AND FIREMEN'S RETIREMENT SYSTEM)
N.J. Super. Ct. App. Div. · 2021 · confidence medium
Super. 90, 94 (App. Div. 1999) (citations omitted), "eligibility is not to be liberally permitted," Smith v. State, Dep't of Treas., 390 N.J.
cited Cited as authority (rule) STATE TROOPERS FRATERNAL ASSOCIATION OF NEW JERSEY VS. STATE POLICE RETIREMENT BOARD (STATE POLICE RETIREMENT SYSTEM)
N.J. Super. Ct. App. Div. · 2019 · confidence medium
Super. at 242 ; Smith v. State of New Jersey, Div. of Pensions and Benefits, 390 N.J.
cited Cited as authority (rule) THOMAS LANZA VS. BOARD OF TRUSTEES, PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PUBLIC EMPLOYEES' RETIREMENT SYSTEM)
N.J. Super. Ct. App. Div. · 2019 · confidence medium
Pension eligibility itself "is not to be liberally permitted." Smith v. State, Dep't of Treasury, Div. of Pensions & Benefits, 390 N.J.
cited Cited as authority (rule) ISAIAH CARDINALE VS. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM (POLICE AND FIREMEN'S RETIREMENT SYSTEM)
N.J. Super. Ct. App. Div. · 2019 · confidence medium
But, "eligibility is not to be liberally permitted." Smith v. Dep't of Treasury, Div. of Pensions & Benefits, 390 N.J.
cited Cited as authority (rule) MICHAEL DENHAM VS. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM (POLICE AND FIREMEN'S RETIREMENT SYSTEM)
N.J. Super. Ct. App. Div. · 2019 · confidence medium
Super. at 397 , 399 (quoting Smith v. Dep't of Treasury, Div. of Pensions & Benefits, 390 N.J.
cited Cited as authority (rule) DONNA PLATT VS. BOARD OF TRUSTEES, PUBLIC EMPLOYEES' RETIREMENT SYSTEM(PUBLIC EMPLOYEES' RETIREMENT SYSTEM)
N.J. Super. Ct. App. Div. · 2017 · confidence medium
Pension eligibility itself "is not to be liberally permitted." Smith v. State, Dep't of Treasury, Div. of Pensions & Benefits, 390 N.J.
cited Cited as authority (rule) I/M/O Town of Harrison and Fraternal Order of Police, lodge No. 116
N.J. Super. Ct. App. Div. · 2015 · confidence medium
Super. 335, 357 (App. Div. 2010); Smith v. State, Dep't of Treasury, Div. of Pensions & Benefits, 390 N.J.
cited Cited as authority (rule) I/M/O Town of Harrison and Fraternal Order of Police, lodge No. 116
N.J. Super. Ct. App. Div. · 2015 · confidence medium
Super. 335, 357 (App. Div. 2010); Smith v. State, Dep't of Treasury, Div. of Pensions & Benefits, 390 N.J.
cited Cited "see" KAREN RUIZ VS. BOARD OF TRUSTEES (POLICE AND FIREMEN'S RETIREMENT SYSTEM)
N.J. Super. Ct. App. Div. · 2019 · signal: see · confidence high
See Smith v. State Dep't of Treasury, Div. of Pensions & Benefits, 390 N.J.
Retrieving the full opinion text from the archive…
SHARON K. SMITH
v.
STATE OF NEW JERSEY, DEPARTMENT OF TREASURY, DIVISION OF PENSIONS AND BENEFITS
New Jersey Superior Court Appellate Division.
Jan 29, 2007.
915 A.2d 48
2007 N.J. Super. LEXIS 23
Benjamin A Spivack argued the cause for appellant (Oxfeld Cohen, attorneys; Mr. Spivack, of counsel and on the brief)., Dawn Harris, Deputy Attorney General, argued the cause for respondent (Stuart Rabner, Attorney General, attorney; Michael Haas, Assistant Attorney General, of counsel; Susanne Culliton, Deputy Attorney General, on the brief).
Fisher.
Cited by 38 opinions  |  Published

The opinion of the court was delivered by

FISHER, J.A.D.

In this appeal, we reject the novel contention that a public employee may be eligible for accidental disability pension benefits, pursuant to N.J.S.A. 43:15A-43, when the traumatic event that caused the disability occurred before the employee became a member of the Public Employees’ Retirement System (PERS).

Sharon K. Smith was hired on March 24, 2003 by the Department of Human Services to work as a nurse at Trenton Psychiatric Hospital. On May 29, 2003, while a temporary employee, Smith was struck on the head by a patient and placed on sick leave. On April 3, 2004, as her second year of employment commenced and while still on sick leave, Smith enrolled in PERS. She then requested and, in July 2004, was permitted to purchase her year of temporary service for the period from March 24, 2003 through April 3,2004.

A few months later, Smith applied for accidental disability pension benefits, alleging a permanent and total disability resulting from the event that occurred on May 29, 2003. Without[*212] considering whether Smith was “permanently and totally disabled as a direct result of a traumatic event,” N.J.S.A. 43:15A-43, the PERS Board determined that Smith was not eligible for such benefits because she was not, at the time of the injury, a PERS member. In appealing that final agency determination, Smith contends that eligibility for accidental disability pension benefits is governed not by her PERS membership status at the time of the traumatic event but by her employment status at the time of the application for benefits. We reject this argument.

N.J.S.A. 43:15A-43 contains the guidelines for the conferring of such a pension and states that “a member” shall, upon application, “be retired by the board of trustees, if said employee is permanently and totally disabled as a direct result of a traumatic event occurring during and as a result of the performance of his regular or assigned duties, on an accidental disability allowance.” The word “member” in this context obviously means a “PERS member,” and this defining of the eligible class of persons, in our view, reflects the legislative intent to preclude a temporary employee from obtaining accidental disability pension benefits. Smith does not argue to the contrary, but instead claims that, because she later became a PERS member and sought accidental disability pension benefits after she became a member, the plain language of N.J.S.A. 43:15A-43 permits the relief she seeks.

Smith has also invoked Justice Francis’s oft-cited comment that, because they are “remedial in character,” pension statutes “should be liberally construed and administered in favor of the persons intended to be benefited thereby.” Getter v. Dep’t of Treasury, 53 N.J. 591, 597-98, 252 A.2d 393 (1969). See also Steinmann v. Dep’t of Treasury, 116 N.J. 564, 572, 562 A.2d 791 (1989); Harris v. Bd. of Trs., P.E.R.S., 378 N.J.Super. 459, 465, 876 A.2d 305 (App.Div.2005); Estate of Hagel v. Bd. of Trs., P.E.R.S., 226 N.J.Super. 182, 186, 543 A.2d 1010 (App.Div.1988); Fiola v. Dep’t of Treasury, 193 N.J.Super. 340, 347, 474 A.2d 23 (App.Div.1984). That policy argument, however, only begs the question posed here, because the present controversy centers on[*213] whether Smith is a “person intended to be benefited” by the pension statute in question. That is, an employee is entitled to the liberality spoken of in Getter when eligible for benefits, but eligibility is not to be liberally permitted. Instead, in determining a person’s eligibility to a pension, the applicable guidelines must be carefully interpreted so as not to “obscure or override considerations of ... a potential adverse impact on the financial integrity of the [f]und.” Chaleff v. Teachers’ Pension & Annuity Fund Trustees, 188 N.J.Super. 194, 197, 457 A.2d 33 (App.Div.), certif. denied, 94 N.J. 573, 468 A.2d 215 (1983). See also McKenzie v. Bd. of Trs., P.E.R.S., 389 N.J.Super. 456, 460, 913 A.2d 810 (App.Div.2006); Kramer v. Bd. of Trs., P.E.R.S., 291 N.J.Super. 46, 676 A.2d 1117 (App.Div.1996), certif. denied, 148 N.J. 458, 690 A.2d 606 (1997).

Despite the parties’ expressions of certitude as to the validity of their respective interpretations, we recognize that N.J.S.A. 43:15A-43 does not explicitly reject or embrace either position. It does unambiguously mandate that only a PERS member may apply for an accidental disability retirement, but it does not expressly permit or preclude the conferring of accidental disability pension benefits when the member’s application is based upon a traumatic event that occurred prior to the member’s enrollment. Smith recognizes that if she is at all eligible it is because the Legislature implicitly intended that result and not because the language of the statute unambiguously confers that right.

In urging this result, Smith initially acknowledges, as she must, that prior legislative amendments to this statutory scheme have sought to raise the bar of eligibility for an accidental disability pension. However, Smith also correctly argues that those amendments have focused on the extent of the employee’s injury or the nature of the triggering event and not on the member’s employment status at the time of the disabling injury. For example, in the mid-1960’s the statutes governing the Police and Firemen’s Retirement System, N.J.S.A. 43:16A-7, the Teachers’ Pension and Annuity Fund, N.J.S.A. 18A:66-39, and PERS, N.J.S.A. 43:15A-[*214] 43 — all of wMch are similarly worded and similarly interpreted— were amended to replace “accident” with “traumatic event” as the triggering circumstance for the conferring of accidental disability pension benefits. These amendments have been understood as revealing the Legislature’s intent “to make the granting of an accidental disability pension more difficult.” Kane v. Bd. of Trs., Police & Firemen’s Ret. Sys., 100 N.J. 651, 661, 498 A.2d 1252 (1985) (quoting Cattani v. Bd. of Trs., Police & Firemen’s Ret. Sys., 69 N.J. 578, 584, 355 A.2d 625 (1976)); see also Fairweather v. P.E.R.S., 373 N.J.Super. 288, 294-95, 861 A.2d 186 (App.Div.2004).[1] Each successive legislative amendment to the statutory schemes that govern public pension rights has been understood as making it more difficult to qualify for an accidental disability pension than before.[2] See generally Solomon A. Metzger, Public Sector Accidental Disability Pensions in New Jersey: The Law of Dramatic Events, 31 Rutgers L.J. 491 (2000).

[*215] This legislative trend in favor of rendering more difficult the conferring of accidental disability pension benefits militates against the liberal approach forcefully championed by Smith in this matter. If adopted, Smith’s interpretation would expand the class of persons eligible for the significantly greater monetary benefits permitted when an allowance pursuant to N.J.S.A. 43:15A-43 is made,[3] and would have a tendency to place a greater strain on the financial integrity of the fund in question and its future availability for those persons who are truly eligible for such benefits. See Mount v. Trustees of P.E.R.S., 133 N.J.Super. 72, 86, 335 A.2d 559 (App.Div.1975) (recognizing that the members of “[t]he board of trustees are fiduciaries and therefore have a duty to protect the fund and the interests of all beneficiaries thereof,” which duty must be exercised “with due care, diligence and skill in administering the trust.”).

In rejecting Smith’s argument, we conclude that implicit in the Legislature’s utilization of the word “member” in N.J.S.A. 43:15A-7 — in defining the class of persons who may seek an accidental disability pension — is the Legislature’s intent to preclude the granting of such relief to a member when the traumatic event occurred prior to that member’s enrollment in PERS. When Smith was injured, she was a temporary employee who was not eligible to be enrolled in PERS. N.J.S.A. 43:15A-7(b). Although we acknowledge that the wording of N.J.S.A. 43:15A-43, in this context, is subject to more than one interpretation, we agree with the PERS board that an employee must be a PERS member at the time of the alleged traumatic event and not merely when the application for the accidental disability pension is filed. We reject the logic of the argument that the Legislature implicitly created as large a class of eligible employees as urged by Smith and we[*216] decline the invitation to expansively view the scope of N.J.S.A. 43:15A-43 to cover a public employee based on events that occurred before the employee became a PERS member. See Cha-leff, supra, 188 N.J.Super. at 198, 457 A.2d 33 (holding that an expansive view of the public pension statutes is undesirable because it “may threaten the fiscal soundness of the fund,” and declaring that the availability of benefits “should be undertaken by the Legislature and not by the courts under the guise of liberal construction.”).

We also reject Smith’s argument that she became eligible by purchasing credit for her temporary service, which included the date upon which she was injured, after she became a PERS member. In a strikingly similar matter, a person employed as a nurse at the Trenton Psychiatric Hospital was injured by a patient within two weeks of his hiring. After the passage of one year from his hiring, the employee enrolled in PERS, purchased credit for his one year of temporary service, and applied for an accidental disability pension. The PERS board concluded that the purchase of credit does not change the effective date of membership in PERS. Donovan v. Bd. of Trs., P.E.R.S., 94 N.J.A.R.2d (Vol.17) 33 (Div. of Pensions). We likewise agree that a credit purchase has no bearing on an employee’s eligibility for accidental disability pension benefits. Smith’s membership in PERS was predicated on her one-year temporary term of continuous service. This circumstance was not met at the time of the injury and the purchase of credit, absent some clear indication from the Legislature to the contrary, cannot alter the date the employee became a PERS member.

Not only do we agree with the logic of Donovan’s approach, but we adhere to that determination because we also find that the PERS board’s interpretation of N.J.S.A. 43:15A-43, as reflected in Donovan and in the present case, is not plainly unreasonable and, thus, entitled to our deference. Recently, we observed that “[ajlthough an agency’s interpretation of the statute it administers is not binding upon us, the agency’s interpretation is entitled to[*217] ‘substantial deference’ ‘provided it is not plainly unreasonable.’ ” McKenzie, supra, 389 N.J.Super. at 461, 913 A.2d 810 (quoting Merin v. Maglaki 126 N.J. 430, 436-37, 599 A.2d 1256 (1992)). As we have observed, the Legislature has continually narrowed eligibility for an accidental disability pension out of concern for the fund’s financial integrity. Where once such benefits could be conferred when a disability resulted from an “accident,” there is now a requirement that the disability be directly brought about by a “traumatic event,” which the courts have further limited through the adoption and application of the Kane test. The trend represented by this evolution in the statutory scheme, coupled with what we deem to be the more sensible reading of N.J.S. A 43:15A-43, convinces us that the interpretation of this statute originally adopted by the PERS board in Donovan, and applied by the PERS board here, is deserving of our deference because it is certainly not “plainly unreasonable.” Merin, supra, 126 N.J. at 436-37, 599 A.2d 1256.

We conclude that N.J.S.A. 43:15A-43 does not permit the awarding of accidental disability pension benefits to an employee who was not a PERS member at the time of the alleged traumatic event. The employee’s purchase of prior service covering the period of time during which the traumatic event occurred does not alter the employee’s status at the time of the traumatic event nor does it alter the date upon which the employee became a PERS member.

Affirmed.

1

Our Supreme Court undertook to "bring clarification” to what constitutes a "traumatic event” in Kane by requiring that an employee "must demonstrate (1) that his injuries were not induced by the stress or strain of the normal work effort; (2) that he met involuntarily with the object or matter that was the source of the harm; and (3) that the source of the injury itself was a great rush of force or uncontrollable power.” 100 N.J. at 663, 498 A.2d 1252. The Kane test has generated a considerable amount of additional litigation, see, e.g., Maynard v. Bd. of Trs., Teachers' Pension and Annuity Fund, 113 N.J. 169, 549 A.2d 1213 (1988); Ciecwisz v. Bd. of Trs., Police & Firemen's Ret. Sys., 113 N.J. 180, 549 A.2d 1218 (1988); Fairweather, supra, 373 N.J.Super. at 296-301, 861 A.2d 186; Angiola v. Bd. of Trs., P.E.R.S., 359 N.J.Super. 552, 557-59, 821 A.2d 98 (App.Div.2003); Esposito v. Police & Fireman’s Ret. Sys., 358 N.J.Super. 112, 117-20, 817 A.2d 340 (App.Div.2003), and may soon be further refined, since the Court has granted certification to review our recent decision, which held that "a psychic stimulus occurring in the course of public employment” was not sufficient because it did not involve "an accident that involves application of an external physical force,” Moore v. Bd. of Trs., State Police Ret. Sys., 382 N.J.Super. 347, 349, 889 A.2d 445 (App.Div.), certif. granted, 186 N.J. 365, 895 A.2d 452 (2006).

2

The Legislature further raised the bar of eligibility in 1966 by precluding an accidental disability retirement for a pre-existing cardiovascular, pulmonary or musculo-skeletal condition unless it was a "direct result of a traumatic event occurring in the performance of duty.” N.J.S.A. 43:15A-43.

3

Accidental disability pension benefits consist of 66.67% of the employee’s salary to be paid for life, regardless of age, service time or contributions made to the system, N.J.S.A. 43:15A-46, as compared, in this case, to an ordinary disability pension benefit of 40% of the employee’s final compensation, N.J.S.A. 43:15A-45.