Thomas Saccone, Plaintiff-Appellant v. Board of Trustees of the Police and Firemen’s Retirement System…

Summary

The Supreme Court of New Jersey held that a disabled child of a retired Police and Firemen’s Retirement System member may receive his survivors’ benefits through a first‑party special needs trust created under 42 U.S.C.A. §1396p(d)(4)(A), reversing the Board’s and Appellate Division’s refusal and remanding for further action. Justice Cuff dissented, arguing the plain statutory language prohibits such a designation.