New Jersey § 53:5a-3
Full text of New Jersey New Jersey Statutes § 53:5a-3, with citation guidance and answers to common questions.
§ 53:5a-3.
As used in this act: a. “ Aggregate contributions ” means the sum of all the amounts, deducted from the salary of a member or contributed
by him or on his behalf, standing to the credit of his individual account in the Annuity
Savings Fund. Interest credited on contributions to the former “State Police Retirement and Benevolent
Fund” shall be included in a member's aggregate contributions. b. “ Annuity ” means payments for life derived from the aggregate contributions of a member. c. “ Annuity reserve ” means the present value of all payments to be made on account of any annuity or
benefit in lieu of an annuity, computed upon the basis of such mortality tables recommended
by the actuary as the board of trustees adopts and regular interest. d. “ Beneficiary ” means any person entitled to receive any benefit pursuant to the provisions of this
act by reason of the death of a member or retirant. e. “ Board of trustees ” or “ board ” means the board provided for in section 30 of this act. 1 f. “ Child ” means a deceased member's or retirant's unmarried child either (a) under the age
of 18 , or (b) 18 years of age or older and enrolled in a secondary school, or (c) under the age
of 24 and enrolled in a degree program in an institution of higher education for at
least 12 credit hours in each semester, provided that the member died in active service
as a result of an accident met in the actual performance of duty at some definite
time and place, and the death was not the result of the member's willful misconduct,
or (d) of any age who, at the time of the member's or retirant's death, is disabled because
of an intellectual disability or physical incapacity, is unable to do any substantial,
gainful work because of the impairment and his impairment has lasted or can be expected
to last for a continuous period of not less than 12 months, as affirmed by the medical
board. g. “ Creditable service ” means service rendered for which credit is allowed on the basis of contributions
made by the member or the State. h. “ Parent ” means the parent of a member who was receiving at least one-half of his support
from the member in the 12-month period immediately preceding the member's death or
the accident which was the direct cause of the member's death. The dependency of such a parent will be considered terminated by marriage of the
parent subsequent to the death of the member. i. (1) “ Final compensation ” means the average compensation received by the member in the last 12 months of creditable
service preceding his retirement or death. Such term includes the value of the member's maintenance allowance for this same
period. (2) In the case of a person who becomes a member of the retirement system on or after
the effective date of P.L.2010, c. 1, “ final compensation ” means the average annual compensation for service for which contributions are made
during any three fiscal years of membership providing the largest possible benefit
to the member or the member's beneficiary. Such term includes the value of the member's maintenance allowance for this same
period. j. (1) “ Final salary ” means the average salary received by the member in the last 12 months of creditable
service preceding his retirement or death. Such term shall not include the value of the member's maintenance allowance. (2) In the case of a person who becomes a member of the retirement system on or after
the effective date of P.L.2010, c. 1, “ final salary ” means the average annual salary for service for which contributions are made during
any three fiscal years of membership providing the largest possible benefit to the
member or the member's beneficiary. Such term shall not include the value of the member's maintenance allowance. k. “ Fiscal year ” means any year commencing with July 1 and ending with June 30 next following. l . “ Medical board ” means the board of physicians provided for in section 30 of this act. m. “ Member ” means any full-time, commissioned officer, non-commissioned officer or trooper of
the Division of State Police of the Department of Law and Public Safety of the State
of New Jersey enrolled in the retirement system established by this act. n. “ Pension ” means payment for life derived from contributions by the State. o . “ Pension reserve ” means the present value of all payments to be made on account of any pension or
benefit in lieu of any pension computed on the basis of such mortality tables recommended
by the actuary as shall be adopted by the board of trustees and regular interest. p. “ Regular interest ” means interest as determined by the State Treasurer, after consultation with the
Directors of the Divisions of Investment and Pensions, the board of trustees and the
actuary. It shall bear a reasonable relationship to the percentage rate of earnings on investments
based on the market value of the assets but shall not exceed the assumed percentage
rate of increase applied to salaries plus 3%, provided however that the board of trustees
shall not set the average percentage rate of increase applied to salaries below 6%. q. “ Retirant ” means any former member receiving a retirement allowance as provided by this act. r. “ Retirement allowance ” means the pension plus the annuity. s. “ State Police Retirement System of New Jersey ,” herein also referred to as the “retirement system” or “system,” is the corporate
name of the arrangement for the payment of retirement allowances and of the benefits
under the provisions of this act including the several funds placed under said system. By that name, all of its business shall be transacted, its funds invested, warrants
for moneys drawn, and payments made and all of its cash and securities and other property
held. All assets held in the name of the former “State Police Retirement and Benevolent
Fund” shall be transferred to the retirement system established by this act. t. “ Surviving spouse ” means the person to whom a member or a retirant was married, or a domestic partner
as defined in section 3 of P.L.2003, c. 246 ( C.26:8A-3 ), on the date of the death of the member or retirant. The dependency of such a surviving spouse will be considered terminated by the marriage
of, or establishment of a domestic partnership by, the surviving spouse subsequent
to the member's or the retirant's death, except that in the event of the payment of
accidental death benefits, pursuant to section 14 of P.L.1965, c. 89 ( C.53:5A-14 ), the dependency of such a surviving spouse or domestic partner will not be considered
terminated by the marriage of, or establishment of a domestic partnership by, the
surviving spouse subsequent to the member's death. u. (1) “ Compensation ” for purposes of computing pension contributions means the base salary, for services
as a member as defined in this act, which is in accordance with established salary
policies of the State for all employees in the same position but shall not include
individual salary adjustments which are granted primarily in anticipation of the member's
retirement or additional remuneration for performing temporary duties beyond the regular
workday or shift. (2) In the case of a person who becomes a member of the retirement system on or after
the effective date of P.L.2010, c. 1, “ compensation ” means the amount of base salary equivalent to the annual maximum wage contribution
base for Social Security, pursuant to the Federal Insurance Contributions Act, 2 for services as a member as defined in this act, which is in accordance with established
salary policies of the State for all employees in the same position but shall not
include individual salary adjustments which are granted primarily in anticipation
of the member's retirement or additional remuneration for performing temporary duties
beyond the regular workday or shift. v. “ Veteran ” means any person who has served in the United States Armed Forces and has or shall
be discharged or released therefrom under conditions other than dishonorable, in any
of the following wars or emergencies, and who has presented to the retirement system
evidence of such record of service in form and content satisfactory to the retirement
system: (1) Vietnam conflict on or after December 31, 1960, and on or prior to May 7, 1975,
who shall have served at least 90 days in such active service, exclusive of any period
of assignment (1) for a course of education or training under the Army Specialized
Training Program or the Navy College Training Program which course was a continuation
of a civilian course and was pursued to completion, or (2) as a cadet or midshipman
at one of the service academies, any part of which 90 days was served between said
dates; and exclusive of any service performed pursuant to the provisions of section 511 (d) of Title 10, United States Code , pursuant to an enlistment in the Army National Guard or as a reserve for service
in the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or Coast
Guard Reserve; provided, that any person receiving an actual service-incurred injury
or disability shall be classed as a veteran whether or not that person has completed
the 90 days' service as herein provided; (2) Lebanon peacekeeping mission, on or after September 26, 1982, who has served in
Lebanon or on board any ship actively engaged in patrolling the territorial waters
of that nation for a period, continuous or in the aggregate, of at least 14 days commencing
on or before December 1, 1987 or the date of termination of that mission, as proclaimed
by the President of the United States or Congress, whichever date of termination is
the latest, in such active service; provided, that any person receiving an actual
service-incurred injury or disability shall be classed as a veteran whether or not
that person has completed the 14 days' service as herein provided; (3) Grenada peacekeeping mission, on or after October 23, 1983, who has served in
Grenada or on board any ship actively engaged in patrolling the territorial waters
of that nation for a period, continuous or in the aggregate, of at least 14 days commencing
on or before November 21, 1983 or the date of termination of that mission, as proclaimed
by the President of the United States or Congress, whichever date of termination is
the latest, in such active service; provided, that any person receiving an actual
service-incurred injury or disability shall be classed as a veteran whether or not
that person has completed the 14 days' service as herein provided; (4) Panama peacekeeping mission, on or after December 20, 1989 or the date of inception
of that mission, as proclaimed by the President of the United States or Congress,
whichever date of inception is earliest, who has served in Panama or on board any
ship actively engaged in patrolling the territorial waters of that nation for a period,
continuous or in the aggregate, of at least 14 days commencing on or before January
31, 1990 or the date of termination of that mission, as proclaimed by the President
of the United States or Congress, whichever date of termination is the latest, in
such active service; provided, that any person receiving an actual service-incurred
injury or disability shall be classed as a veteran whether or not that person has
completed the 14 days' service as herein provided; (5) Operation “Desert Shield/Desert Storm” mission in the Arabian peninsula and the
Persian Gulf, on or after August 2, 1990 or the date of inception of that operation,
as proclaimed by the President of the United States or Congress, whichever date of
inception is earliest, who has served in the Arabian peninsula or on board any ship
actively engaged in patrolling the Persian Gulf for a period, continuous or in the
aggregate, of at least 14 days commencing on or before the date of termination of
that mission, as proclaimed by the President of the United States or Congress, whichever
date of termination is the latest, in such active service; provided, that any person
receiving an actual service-incurred injury or disability shall be classed as a veteran
whether or not that person has completed the 14 days' service as herein provided; (6) Operation Northern Watch and Operation Southern Watch, on or after August 27,
1992, or the date of inception of that operation, as proclaimed by the President of
the United States, Congress or United States Secretary of Defense, whichever date
of inception is earliest, who served in the theater of operation, including in the
Arabian peninsula and the Persian Gulf, and in direct support of that operation for
a period, continuously or in the aggregate, of at least 14 days in such active service,
commencing on or before the date of termination of that operation, as proclaimed by
the President of the United States, Congress or United States Secretary of Defense,
whichever date of termination is the latest; provided, that any person receiving
an actual service-incurred injury or disability while engaged in such service shall
be classed as a veteran whether or not that person has completed the 14 days' service
as herein provided; (7) Operation “Restore Hope” in Somalia, on or after December 5, 1992, or the date
of inception of that operation as proclaimed by the President of the United States
or Congress, whichever date is earliest, who has served in Somalia or on board any
ship actively engaged in patrolling the territorial waters of that nation for a period,
continuously or in the aggregate, of at least 14 days in such active service commencing
on or before March 31, 1994; provided that any person receiving an actual service-incurred
injury or disability shall be classed as a veteran whether or not that person has
completed the 14-day service as herein provided; (8) Operations “Joint Endeavor” and “Joint Guard” in the Republic of Bosnia and Herzegovina,
on or after November 20, 1995, who served in such active service in direct support
of one or both of the operations for at least 14 days, continuously or in the aggregate,
commencing on or before June 20, 1998, and (1) was deployed in that nation or in another
area in the region, or (2) was on board a United States naval vessel operating in
the Adriatic Sea, or (3) operated in airspace above the Republic of Bosnia and Herzegovina;
provided that any person receiving an actual service-incurred injury or disability
shall be classed as a veteran whether or not that person completed the 14-day service
requirement; (9) Operation “Enduring Freedom”, on or after September 11, 2001, who served in a
theater of operation and in direct support of that operation for a period, continuously
or in the aggregate, of at least 14 days in such active service commencing on or before
the date the President of the United States or the United States Secretary of Defense
designates as the termination date of that operation; provided, that any person receiving
an actual service-incurred injury or disability while engaged in such service shall
be classed as a veteran whether or not that person has completed the 14 days' service
as herein provided; and (10) Operation “Iraqi Freedom”, on or after the date the President of the United States
or the United States Secretary of Defense designates as the inception date of that
operation, who served in Iraq or in another area in the region in direct support of
that operation for a period, continuously or in the aggregate, of at least 14 days
in such active service commencing on or before the date the President of the United
States or the United States Secretary of Defense designates as the termination date
of that operation; provided, that any person receiving an actual service-incurred
injury or disability while engaged in such service shall be classed as a veteran whether
or not that person has completed the 14 days' service as herein provided. 1
N.J.S.A. § 53:5A-30. 2
26 U.S.C.A. § 3128 et seq.
Frequently Asked Questions About New Jersey § 53:5a-3
What does New Jersey Statutes § 53:5a-3 cover?
Section 53:5a-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 § 53:5a-3?
A common citation format is "New Jersey Statutes § 53:5a-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 § 53:5a-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.