Wood v. Borough of Wildwood Crest

In Wood v. Borough of Wildwood Crest, 319 N.J.Super. 650, 653-55, 726 A.2d 310 (App.Div.1999), the plaintiff had retired in January 1993 and received health benefits through February 1996, at which point the municipality reviewed the matter based upon a statutory amendment and determined that the benefits had been improperly granted. The plaintiff had worked for twenty-two-and-a-half years, but purchased service credit to accumulate twenty-five years of credit prior to retirement, and upon his inquiries the municipality had given the plaintiff numerous assurances that he would receive health benefits upon retirement. Ibid. Under these circumstances the municipality's action was considered ultra vires in the secondary sense, and the municipality was estopped from terminating health benefits to the plaintiff. Id. at 660-61, 726 A.2d 310.