New Jersey § 43:10-18

§ 43:10-18.

As used in this act: “Service” shall always, unless otherwise stated, be considered as continuous or in

the aggregate. “Salary” or “compensation” when used solely for the purpose of fixing benefits under

this act means the average annual compensation for which contributions are made for

the three years of creditable service as a county employee immediately preceding his

retirement or death, or it shall mean the average annual compensation as a county

employee for which contributions are made during any three fiscal years of his or

her membership, whichever shall provide the largest possible benefit to the member

or his beneficiary, or during his or her entire length of service if such service

totaled less than three years, provided, however, that no benefit paid upon the death

of any member under this act shall exceed, if the deceased member was retired at the

time of death, 50% of the pension calculated at the time of retirement, and, if the

deceased member was an employee at the time of death, 25% of salary, or 50% of the

pension that the employee would have received had the employee retired upon the date

of the death, whichever shall be greater, provided, however, that no benefit paid

upon the death of any member shall be less than $5,000.00 annually; provided further

however, that as to any employee who, at the time of the adoption of this act, is

a member of any retirement system in operation in the county under and by virtue of

articles 1, 2, 5, 6 and 7 of chapter 10 of Title 43 of the Revised Statutes 1 and of R.S. 40:37-157 to 40:37-174 , inclusive, and of “An act providing for the retirement of persons employed in the

department of weights and measures of any county in this State, and providing a pension

for such persons so retired,” filed June 21, 1938 (P.L.1938, c. 397), 2 and as to any employee who did not retire before September 1, 1987 and who also is

a veteran as defined in section 6 of P.L.1954, c. 84 ( C. 43:15A-6 ) and who (i) was a member of the retirement system on January 2, 1955 and has remained

in continuous service as a county employee and shall have attained the age of 60 years

or (ii) shall have attained the age of 62 years and shall have accumulated credit

in the retirement system for a period of 20 years the total annual salary received

by such employee during the year immediately prior to his death or retirement shall

be considered his salary for pension or other purposes under this act or any act authorizing

pension increases in the retirement system. “Pension fund” or “fund” means the fund referred to in section 16 of this act, 3 and is the fund from which pensions provided for in this act shall be paid. “State” shall, unless otherwise stated, mean the State of New Jersey. “His” shall be construed to mean both sexes. “County employee” or “employee” means and includes all employees and officers in service

in any county of this State having a population of more than 800,000 inhabitants and

shall mean and include all employees and officers of any county board, body or commission,

maintained out of county funds in any such county, including the official stenographic

reporter and proxies of such official stenographic reporter of such county, and shall

also mean and include employees and officers appointed by such county to employment

on intercounty bridges, but the same term “county employee” or “employee” does not

include members of the judiciary, or any laborers, unless the labor work is paid on

an hourly, daily, monthly, or annual salary basis for a continuous employment thereof

and recognized as permanent appointees, it being the intent to exclude transient labor

from the operation of this act. The pension commission shall determine whether or not the employment of an employee

is permanent within the meaning of this act. “County employee” or “employee” shall also mean and include all elected and appointed

officials of such county. “Population” of a county shall mean the population of a county according to the federal

census of 1940. “Widow” or “widower” means the surviving unremarried spouse to whom a member of the

retirement system was married for a continuous period of at least five years up to

the date of the member's death. In the event of accidental death, the five year qualification shall be waived. “ Minor child ” means an unmarried child under the age of 18 years. “ Permanent and total disability ” means physical or mental incapacity of an employee to any longer perform the duties

of his position or office. “Employees' retirement system of (name of county)” shall be the name of the retirement

system provided under the provisions of this act. By that name all of its business shall be transacted, its funds invested, warrants

for money drawn and payments made and all of its cash and securities and other property

held. 1

N.J.S.A. §§ 43:10-1 to 43:10-18; 43:10-19 to 43:10-29.6; 43:10-45 to 43:10-83. 2

N.J.S.A. §§ 43:10-106 to 43:10-114. 3

N.J.S.A. § 43:10-18.16.