New Jersey § 43:1-3
Full text of New Jersey New Jersey Statutes § 43:1-3, with citation guidance and answers to common questions.
§ 43:1-3.
a. A person who holds or has held any public office, position, or employment, elective
or appointive, under the government of this State or any agency or political subdivision
thereof, who is convicted of any crime set forth in subsection b. of this section,
or of a substantially similar offense under the laws of another state or the United
States which would have been such a crime under the laws of this State, which crime
or offense involves or touches such office, position or employment, shall forfeit
all of the pension or retirement benefit earned as a member of any State or locally-administered
pension fund or retirement system in which he participated at the time of the commission
of the offense and which covered the office, position or employment involved in the
offense. As used in this section, a crime or offense that “ involves or touches such office, position or employment ” means that the crime or offense was related directly to the person's performance
in, or circumstances flowing from, the specific public office or employment held by
the person. b. Subsection a. of this section applies to a conviction of any of the following crimes: (1) Paragraph (4) of subsection a. of N.J.S.2C:13-5 , criminal coercion; (2) N.J.S.2C:20-4 , theft by deception, if the amount involved exceeds $10,000; (3) Subsection d. of N.J.S.2C:20-5 , theft by extortion; (4) N.J.S.2C:20-9 , theft by failure to make required disposition of property received, if the amount
involved exceeds $10,000; (5) N.J.S.2C:21-10 , commercial bribery; (6) Section 3 of P.L.1994, c. 121 ( C.2C:21-25 ), money laundering; (7) Section 97 of P.L.1999, c. 440 ( C.2C:21-34 ), false contract payment claims; (8) N.J.S.2C:27-2 , bribery in official matters; (9) N.J.S.2C:27-3 , threats and other improper influence in official and political matters; (10) Section 100 of P.L.1999, c. 440 ( C.2C:27-9 ), unlawful official business transaction where interest is involved; (11) Section 5 of P.L.2003, c. 255 ( C.2C:27-10 ), acceptance or receipt of unlawful benefit by public servant for official behavior; (12) Section 6 of P.L.2003, c. 255 ( C.2C:27-11 ), offer of unlawful benefit to public servant for official behavior; (13) N.J.S.2C:28-1 , perjury; (14) N.J.S.2C:28-5 , tampering with witnesses; (15) N.J.S.2C:28-7 , tampering with public records or information; (16) N.J.S.2C:29-4 , compounding; (17) N.J.S.2C:30-2 , official misconduct; (18) N.J.S.2C:30-3 , speculating or wagering on official action or information; (19) Section 3 of P.L.2003, c. 31 ( C.2C:30-7 ), pattern of official misconduct ; (20) Paragraph (1) of subsection a. of section 1 of P.L.2007, c. 158 ( C.2C:27-12 ), corruption of public resources, if the amount or value of the public resource is
$500,000 or more; (21) N.J.S.2C:14-2 , sexual assault; (22) N.J.S.2C:14-3 , sexual contact; or (23) N.J.S.2C:14-4 , lewdness . c. A court of this State shall enter an order of pension forfeiture pursuant to this
section: (1) Immediately upon a finding of guilt by the trier of fact or a plea of guilty entered
in any court of this State unless the court, for good cause shown, orders a stay of
the pension forfeiture pending a hearing on the merits at the time of sentencing;
or (2) Upon application of the county prosecutor or the Attorney General, when the pension
forfeiture is based upon a conviction of an offense under the laws of another state
or of the United States. An order of pension forfeiture pursuant to this paragraph shall be deemed to have
taken effect on the date the person was found guilty by the trier of fact or pled
guilty to the offense. d. No court shall grant a stay of an order of pension forfeiture pending appeal of
a conviction or pension forfeiture order unless the court is clearly convinced that
there is a substantial likelihood of success on the merits. If the conviction be reversed or the order of pension forfeiture be overturned,
his pension rights and benefits shall be restored from the date of pension forfeiture. e. Nothing in this section shall be deemed to preclude the authority of the board
of trustees of any State or locally-administered pension fund or retirement system
created under the laws of this State from ordering the forfeiture of all or part of
the earned service credit or pension or retirement benefit of any member of the fund
or system for misconduct occurring during the member's public service pursuant to
the provisions of P.L.1995, c. 408 ( C.43:1-3 et seq. ), including in a case where the court does not enter an order of forfeiture pursuant
to this section.
Frequently Asked Questions About New Jersey § 43:1-3
What does New Jersey Statutes § 43:1-3 cover?
Section 43:1-3 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 43:1-3?
A common citation format is "New Jersey Statutes § 43:1-3" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 43:1-3 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.