New Jersey § 43:10-18

§ 43:10-18.

The members and certain conditions of membership in the retirement system created

by this act shall be as follows: (a) All persons, employed by the county prior to March 26, 1961, who may be found

physically and mentally fit to the satisfaction of the pension commission herein provided

for, may become members of the county employees' retirement system created under this

act, and shall receive no pension or retirement allowance from any other pension or

retirement system supported wholly or in part by the county, nor shall they be required

to make contributions to any other pension or retirement system of said county. Such persons shall not be given credit for pension purposes hereunder for any prior

service; provided, however, that where any such employee has had service prior to

March 26, 1961 as an employee in any State, county or municipal position, such employee

shall be given credit for pension purposes hereunder for such service upon written

application therefor to the pension commission within 1 year after becoming a member

of this retirement system and upon payment into the retirement system herein provided. Such member shall receive credit for all of his service in the employ of the county

or for any part of his service in any other compensated, public position in the State

of New Jersey, elected or appointed, provided that payments are made by such member

in an amount or amounts calculated in accordance with the rules of the commission

as may be necessary to provide 1 / 2 of the actuarial cost of such service credit. In the event that such member retires before he completes the payment for the service

credit that he is purchasing, credit for such service shall be given in direct proportion

as the amount paid bears to the total amount of the obligation. Said sum of money may be paid in one lump sum or by semimonthly deductions from

salary, together with the regular deductions provided by this act, until completed. All payments aforesaid by the employee shall be made together with interest thereon

at a rate to be determined by the pension commission. (b) All employees at the time of the adoption of this act who are under 45 years of

age and are not members of any retirement system supported wholly or in part by the

county; and any official stenographic reporter and proxies of such official stenographic

reporter who are serving as such at the time of the adoption of this act, may become

members of the retirement system created under this act upon written application made

to the pension commission before July 1, 1943, under one of the following 2 plans

(B1) and (B2): (B1) To receive credit for service rendered to the county prior to joining this retirement

system such employee shall pay into this retirement system a sum of money equal to

3% of salary received either since June 1, 1929, or since August 1, 1932, depending

upon which of the said 2 dates such employee first became eligible to membership in

the county employees' retirement system of such county established under “An act providing

for the retirement of certain county employees in counties of the first class of this

State and providing a pension for such retired county employees and their dependents,”

approved April 22, 1929 (P.L.1929, c. 122), 1 or article 1 of chapter 10 of Title 43 of the Revised Statutes; 2 or since the date of his entrance into county service, if he became an employee

after June 1, 1929; provided, however, that as to the official stenographic reporter

and proxies of such official stenographic reporter such employee shall pay into this

retirement system a sum of money equal to 3% of salary received from the county upon

order of the justice of the Supreme Court since June 1, 1929, or since the date of

his entrance into such county service, if he became an employee after June 1, 1929. Such payment may be made either (1) in one sum, or (2) by equal semimonthly installments

to be deducted together with each regular deduction from his salary for the retirement

system provided for under this act; provided, however, that in case an employee chooses

to pay for such prior county service by method (2), aforesaid, that is by equal semimonthly

installments, such employee shall receive credit for so much of such prior county

service as is thus paid for, and no more. Upon such payment or payments being made, the county shall annually pay into the

retirement system herein provided for a sum of money equal in amount to the employee's

principal payment. All payments aforesaid by the employee shall be made together with interest thereon

at a rate to be determined by the pension commission. Any such employee who elects to become a member of this retirement system under

the aforesaid plan shall, upon his application to the pension commission prior to

July 1, 1943, be given credit for pension purposes hereunder for any prior service

or services rendered as an employee of the State, and of any municipalities or other

political subdivisions of the State, upon payment into the retirement system herein

provided, for a period of time equal to the length of prior service for which credit

is allowed, of a sum of money equal in amount to 3% of salary, said 3% of salary being

based upon the salary received by such employee at the time of the making of said

application. Said sum of money may be paid in one lump sum or by semimonthly deductions from

salary, together with the regular deductions provided by this act, until completed;

provided, however, that such prior service shall be credited only as paid for. Upon such payment or payments being made, the county shall annually pay into the

retirement system herein provided for, a sum of money equal in amount to the employee's

principal payment or payments. All payments aforesaid by the employee shall be made together with interest thereon

at a rate to be determined by the pension commission. (B2) The regular deductions from the salary of any employee electing to become a member

under this plan (B2) shall commence upon the filing of such written application and

such employee shall not receive credit for any service rendered theretofore in any

State, county, or municipal office or position. (c) All employees who, at the time of the adoption and approval of this act, are members

of any of the following retirement systems in effect in said county: County employees in counties of the first class (article 1 of chapter 10 of Title

43 of the Revised Statutes); County detectives in counties of the first, second, third, and fifth classes (article

2 of chapter 10 of Title 43, of the Revised Statutes); 3 Probation officers of counties of over 83,000 inhabitants (article 5 of chapter 10

of Title 43, of the Revised Statutes); 4 Sheriff's employees in counties of the first and second classes (article 6 of chapter

10 of Title 43, of the Revised Statutes); 5 Sergeants-at-arms and court criers in counties of the first class (article 7 of chapter

10 of Title 43, of the Revised Statutes); 6 County superintendents of weights and measures and assistant county superintendents

of weights and measures (“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)); 7 County park police in counties of more than 200,000 population ( sections 40:37-157 to 40:37-174 , inclusive, of the Revised Statutes); shall on July 1, 1943, automatically become

members of the county employees' retirement system provided for by this act and all

such employees shall be deemed to agree and consent to the transfer of such membership

unless they, or any one of them shall, before July 1, 1943, by written notice to the

pension commission of their respective retirement systems operating in such county,

elect to withdraw therefrom their contributions theretofore made, without interest. Any such members electing to withdraw from such membership shall thereafter be ineligible

for membership in any retirement system of such county, or for any pension payable,

in whole or in part, by funds of such county under the provisions of any statute of

this State except sections 43:4-1 to 43:4-5 , inclusive, of the Revised Statutes. All such employees who become members of the county employees' retirement system provided

by this act shall be given credit for pension purposes hereunder for all services,

including services performed in any elective office, rendered to the county prior

to July 1, 1943; provided, however, that where any such employee had theretofore

agreed, under the provisions of article 1 of chapter 10 of Title 43, of the Revised

Statutes, to pay for any part or all of such service rendered to the county prior

to July 1, 1943, the transfer of such employee's membership into this system shall

include the transfer to this system of all the conditions and obligations of such

prior agreement made by such employee and such employee shall be deemed to agree and

consent to the transfer to this system of such conditions and obligations until the

conditions of such agreement have been fully complied with. Except as otherwise provided by section 8 of this act, 8 where any such employee's membership shall be transferred to this retirement system

on July 1, 1943, such employee shall be given credit for pension purposes hereunder

for any prior service or services rendered as an employee of the State and of any

municipalities or other political subdivisions of the State, upon application therefor

to the pension commission within 1 year after the transfer of such membership, and

upon payment into the retirement system herein provided, for a period of time equal

to the length of prior service for which credit is allowed, of a sum of money equal

in amount to 3% of salary, said 3% of salary being based upon the salary received

by such employee at the time of the making of said application. Said sum of money may be paid in one lump sum or by semimonthly deductions from

salary, together with the regular deductions provided by this act, until completed;

provided, however, that such prior service shall be credited only as paid for. Upon such payment or payments being made, the county shall annually pay into the

retirement system herein provided a sum of money equal in amount to the employee's

principal payment or payments. All payments aforesaid by the employee shall be made together with interest thereon

at a rate to be determined by the pension commission. (d) Any person who at the time of the adoption of this act shall be a county employee

and not a member of this retirement system and who became a county employee prior

to such employee reaching the age of 45 years, may become a member of this retirement

system upon written application made to the pension commission within 1 year after

the adoption of this act upon such employee complying with all of the following conditions. (D1) Submit to a medical examination and be found mentally and physically fit to the

satisfaction of the pension commission. (D2) Pay into this retirement system, in addition to the regular deductions provided

by this act, a sum of money equal to 5% of salary received by such employee for the

period of time elapsing since such employee became 45 years of age, said 5% of salary

being based upon the salary received by such employee at the time of the making of

application for membership in this system. Said sum of money must be paid in one lump sum, together with interest thereon at

a rate to be determined by the pension commission, and upon the same being paid, the

county shall, within a reasonable time thereafter, pay into this retirement system

a sum of money equal in amount to such employee's principal payment. Upon making the aforesaid payment, such employee shall be given credit for pension

purposes for such period of prior service rendered to the county since he became 45

years of age. (D3) Receive no credit for county service rendered prior to reaching the age of 45

years but be given the option of buying such prior service credits for pension purposes

upon written application made therefor to the pension commission within 1 year after

becoming a member of this retirement system and upon payment into this retirement

system, of a sum of money equal in amount to 3% of the salary received by such employee

during the period of time for which service credits for pension purposes is allowed. At the time such employee applies for service credits for pension purposes, such

employee may elect to pay said sum of money in one lump sum or by semimonthly deductions

from salary, together with the regular deductions provided by this act, until completed;

provided, however, that such prior service shall be credited only as paid for. Upon such payment or payments being made, the county shall annually pay into this

retirement system a sum of money equal in amount to the employee's principal payment,

or payments. All payments aforesaid by the employee shall be made together with interest at a

rate to be determined by the pension commission. (e) Any member of the retirement system as of the effective date of this amendatory

and supplementary act may receive credit for all service in the employ of the county

or for any part of his service in any other compensated, public position in the State

of New Jersey, elected or appointed, for which service credit has not already been

established for him in the retirement system provided by the act to which this act

is amendatory and supplementary; provided that payments are made by such member in

an amount or amounts calculated in accordance with the rules of the commission as

may be necessary to provide 1 / 2 of the actuarial cost of such service credit. In the event that such member retires before he completes payment for the service

credit that he is purchasing, credit for such service shall be given in direct proportion

as the amount paid bears to the amount of the obligation. 1

N.J.S.A. § 43:10-2 et seq. 2

N.J.S.A. § 43:10-1 et seq. 3

N.J.S.A. § 43:10-19 et seq. 4

N.J.S.A. § 43:10-45 et seq. 5

N.J.S.A. § 43:10-60 et seq. 6

N.J.S.A. § 43:10-73 et seq. 7

N.J.S.A. § 43:10-106 et seq. 8

N.J.S.A. § 43:10-18.8.