Michael Sternesky v. Ana Cecilia Salcie-Sternesky

10-22-07 A-5932-05T3

We consider equitable distribution of an accidental
disability retirement allowance awarded by the Board of Trustees
of the Police and Fire Retirement System (PFRS). The Board has
not provided guidance on segregation of the marital and
individual components of a disability pension, as we encouraged
in Larrison v. Larrison, 392 N.J. Super. 1, 18 (App. Div. 2007).
The parties in this case did not provide the trial court with
evidence that would permit such segregation, which we found
necessary in Larrison and Avallone v. Avallone, 275 N.J. Super.
575 (App. Div. 1994). We provide a formula for identification
of the marital component of a PFRS accidental disability
retirement allowance, which is inferable from the statutory
scheme and decisions of our courts addressing equitable
distribution of retirement assets, and we hold that a trial
court should apply that formula in the absence of relevant
evidence or guidance from the Legislature or Board.