New Jersey § 43:13-22

§ 43:13-22.

The members and conditions of membership in the retirement system created by this

act shall be as follows: (a) All persons who shall hereafter become employees of the city prior to attaining

the age of 45 years, shall, upon satisfactory completion of 3 months' service, become

members of the retirement system herein created, as a condition of their employment;

provided that all such persons shall submit to and pass the physical and mental examination

required by the commission and shall furnish such evidence of good health, at said

time, as the commission shall require; provided further, however, that the failure

to pass the said physical and mental examination or failure to furnish satisfactory

evidence of good health at such time shall not deprive the employee of his employment. The failure of any employee-member to comply with the rules and regulations prescribed

by the commission, pursuant to this act, shall result in the suspension or termination

of membership in, or benefits of, this retirement system as may be provided from time

to time by the commission. (b) All present employees of the city, as herein defined, who had not attained the

age of 45 years at the time of their permanent appointment and are found physically

and mentally fit, and are not members of any retirement system supported wholly or

in part by the city, may become members of the retirement system created by this act,

upon written application made to the commission within 2 months after the establishment

of the commission, under one of the following two plans: (1) To receive credit for all the time served as a permanent employee with the city

prior to joining the retirement system. Such employee shall pay into the fund a sum of money equal to an amount based upon

the percentage hereinafter stated that would have been deducted from his salary from

June 1, 1928, or from the date of his permanent employment, whichever is the lesser

period; provided, however, that if the employee desires to receive credit for only

a portion of the time served as a permanent employee he shall make payments accordingly

and shall receive credit for that portion of the said prior service as is covered

by these payments. Said sum of money may be paid in one lump sum or by regular payroll period deductions

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

completed; and the financial officer of the city is authorized to deduct the said

amounts from the salary of said employee. Upon such payment or payments being made, the city shall annually pay into the retirement

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

principal payment without interest. All payments aforesaid by the employee shall be made together with 3% interest on

the total amount of such payments. The maximum length of time for the payment of all employee's arrears and interest

shall be 10 years from the date of membership in the fund. (2) By regular deductions from the salary of any employee electing to become a member

of the fund, without the benefit of prior service, if any, and credit therefor hereunder. Said deductions shall commence upon membership in the fund; and such employee shall

not receive credit for any prior services rendered theretofore in his municipal office

of 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 city, under and by virtue

of article 2, chapter 13, Title 43 of the Revised Statutes; 1 and of chapter 18, Title 43 of the Revised Statutes; 2 and of chapter 19, Title 43 of the Revised Statutes, 3 shall, upon the effective date of this act, automatically become members of the city

employees' retirement system provided for by this act; and every such employee shall

be deemed to agree and consent to such transfer of his membership. (d) All present and future employee members of this employment retirement system may

purchase, in addition to their permanent employment credits, temporary service credits

for all time of temporary service which was continuous and immediately preceded their

permanent employment, at the percentage rate and salary prevailing at date of application. 1

N.J.S.A. § 43:13-1.1 et seq. 2

N.J.S.A. § 43:18-1 et seq. 3

N.J.S.A. § 43:19-1 et seq.