New Jersey § 40a:9-117

§ 40a:9-117.

a. Any person who is 35 years of age or younger on the effective date of this act,

and who is subsequently appointed as a sheriff's officer pursuant to this act, shall

be permitted to transfer his membership in the Public Employees' Retirement System

of New Jersey under P.L.1954, c. 84 ( C. 43:15A-1 et seq. ), or in a county pension fund created under P.L.1943, c. 160 ( C. 43:10-18.1 et seq. ) or P.L.1948, c. 310 ( C. 43:10-18.50 et seq. ) or article 1 of chapter 10 of Title 43 of the Revised Statutes ( R.S. 43:10-1 et seq. ) to the Police and Firemen's Retirement System of New Jersey established by P.L.1944,

c. 255 ( C. 43:16A-1 et seq. ) by waiving all rights and benefits which would otherwise be provided by the Public

Employees' Retirement System of New Jersey or county pension fund and making a lump

sum payment into the Police and Firemen's Retirement System of New Jersey annuity

savings fund of the amount of the difference between the contribution which was paid

as a member of the Public Employees' Retirement System of New Jersey or county pension

fund and the contribution that would have been required if he had been a member of

the Police and Firemen's Retirement System of New Jersey since the date of last enrolling

in the Public Employees' Retirement System of New Jersey or a county pension fund. In addition, the employee shall be liable for any payment to the retirement system

that the employer would have been required to make on behalf of the member for the

purchase of such credit; this payment may be made in regular monthly installments

or in a lump sum, as the employee may elect, and pursuant to rules and regulations

as may be promulgated by the Division of Pensions. He may also be permitted to continue his membership in the Public Employees' Retirement

System of New Jersey or county pension fund by waiving all rights and benefits which

would otherwise be provided by the Police and Firemen's Retirement System of New Jersey. Any waiver shall be accomplished by filing forms satisfactory to the Division of

Pensions, which is responsible for the administration of the Police and Firemen's

Retirement System of New Jersey, within 90 days following the date of appointment. In the absence of a filing of a timely waiver by the person, his pension status

shall remain unchanged and his membership shall not be transferred to the Police and

Firemen's Retirement System of New Jersey. b. The transfer of membership from the Public Employees' Retirement System of New

Jersey or county pension fund to the Police and Firemen's Retirement System of New

Jersey shall be done in accordance with the provisions of P.L.1973, c. 156 ( C. 43:16A-62 et seq. ) and this act. Whenever in P.L.1973, c. 156 a period of time is set which is to be calculated from

the effective date of that act, the time shall be calculated from the date of appointment

as sheriff's officer pursuant to this act for the purposes hereof.