New Jersey § 43:6a-11

§ 43:6a-11.

Notwithstanding the provisions of any law or regulation to the contrary, a member

of the Judicial Retirement System who has been appointed by the Governor, with the

advice and consent of the Senate, to the position of county prosecutor in accordance

with N.J.S.2A:158-1 or who has been appointed by the Chief Justice of the Supreme Court to the position

of Administrative Director of the Courts in accordance with Article VI, Section VII, paragraph 1 of the New Jersey Constitution may file, prior to commencing service as the county prosecutor or as the Administrative

Director of the Courts, a written and duly executed application for retirement for

any reason other than disability if the member has attained the age of 65 years, has

the necessary judicial service credit for a full judicial retirement, and has served

for 20 years as a judge for any court in New Jersey. The approval process shall be expedited. If the application is approved, the effective date of retirement for that member

shall be deferred to the first day of the month following the termination of the member's

service in the position of county prosecutor or of Administrative Director of the

Courts. The application for retirement shall be accompanied by a copy of the member's written

resignation from the judicial office effective as of the date of the approval of the

retirement application. If such a person attains the age of 70 years while serving as a county prosecutor

or as the Administrative Director of the Courts and has an approved application for

the member's retirement the effective date of which has been deferred, this section

shall specifically override the JRS mandatory retirement age of 70 enacted in section

7 of P.L.1973, c. 140 ( C.43:6A-7 ) and in the administrative code, and shall allow for the deferment of the mandatory

retirement for JRS to the first day of the month following the termination of the

member's service in the position of county prosecutor or of Administrative Director

of the Courts. If such a person dies while in service as a county prosecutor or as the Administrative

Director of the Courts, the death shall not be considered a death in active service. The beneficiary shall be eligible for a pension or survivor's benefit, and for any

death benefits, based on the approved retirement application and the retirement shall

be effective as of the date of death. The election by the member of an option in accordance with section 1 of P.L.2002, c. 54 ( C.43:6A-16.1 ) shall become effective and payable. Notwithstanding any other provision of law to the contrary, a person who files an

application for retirement pursuant to this section and serves in the position of

county prosecutor or of Administrative Director of the Courts shall not be eligible

to participate in the Defined Contribution Retirement System, enroll in any other

State-administered retirement system, or receive any other payments from the county

or State deemed to be payments for retirement accounts, funds, or pensions, not including annuities. The person and the person's dependents shall be eligible for health care benefits

coverage provided for the position of county prosecutor or of Administrative Director

of the Courts during service in that position. This section shall be effective if the qualified status of the retirement system under

federal law can be maintained upon its application, and such modifications to the

system as may be available shall be made to allow for its application.