New Jersey § 43:13-22

§ 43:13-22.

As used in this act 1 : “ Service ” shall always, unless otherwise stated, be considered as in the aggregate. “ Salary ” or “compensation,” when used solely for the purpose of fixing benefits under this

act, means annual salary or compensation earned by a member as a permanent employee

at the time of his death or retirement; provided, however, that $16,000.00 shall

be the maximum amount of the annual salary of any member which shall be considered

for any purpose under this act; 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 city under and by virtue of article 2, chapter 13, Title 43 of

the Revised Statutes; 2 and of chapter 18, Title 43 of the Revised Statutes; 3 and of chapter 19, Title 43 of the Revised Statutes, 4 the total annual salary received by such member as a permanent employee at the time

of his death or retirement shall be considered for pension or other purposes under

this act, except as otherwise provided herein, and further that where an employee

heretofore has been receiving more than $12,000.00 in salary or compensation prior

to the effective date of the amendment increasing the salary or compensation ceiling

to $16,000.00, and he did not pay into the system all sums that he would have contributed

on his full salary he shall not be eligible for the benefits permitted by the increased

ceiling unless he pays into the system all said sums he would have paid had he not

failed to contribute continuously. Application for the exercise of such option shall be made to the commission within

6 months next succeeding the effective date of this amendatory act. (a) Any such benefit for retirement or otherwise accruing 5 as a result of the increase in the salary or compensation ceiling for more than $12,000.00

shall be on the average annual salary received by such employee member for 1 year

preceding his retirement. (b) The repayment of any contributions shall be made within such period of time as

shall be granted by the commission but at no time for a greater period than 3 years. “Pension fund” or “fund” means the fund referred to in section 2 of this act, 6 and is the fund from which pensions and other benefits provided for in this act shall

be paid. “ State ” shall, unless otherwise stated, mean the State of New Jersey. “ City, ” unless otherwise specified, means any city of the first class of the State of New

Jersey having, at the time of the enactment of this act, a population in excess of

400,000 inhabitants. “His” shall be construed to mean both sexes. “ City employee ” or “ employee ” means and includes all permanent employees as defined by Title 11 of the Revised

Statutes of New Jersey (Civil Service Law) 7 in service in any city of the first class of this State, as hereinabove defined;

and shall mean and include all permanent employees of any city board, body or commission

maintained out of city funds in such city. Notwithstanding the provisions of any other statute of this State, any person under

45 years of age hereafter accepting permanent employment in the city (excepting uniformed

policemen and firemen) shall, subject to the provisions of section 13(a) of this act, 8 become a member of the pension fund provided by this act as a “city employee” or

“employee” as hereinabove defined; and except as herein otherwise provided, any such

person of the age of 45 years or over shall be ineligible to become a member; provided,

however, that any employee who, at the time of the adoption of this act, is a member

of any retirement system in operation in such city under and by virtue of article

2, chapter 13, Title 43 of the Revised Statutes; or of chapter 18, Title 43 of the

Revised Statutes; or of chapter 19, Title 43 of the Revised Statutes, shall not be

barred from membership in this retirement system on account of age of any such employee. Notwithstanding the provisions of chapter 1, Title 43 of the Revised Statutes, 9 any present employee of the city as herein defined, who was not more than 45 years

of age at the time of his permanent appointment, shall, subject to the provisions

of section 13 of this act, have the right, subject to section 13(b) of this act, to

become a member of the retirement system established by this act, by declaring his

intention in writing so to do, within 2 months after the formation of the commission

created by this act. All such applicants shall submit to and pass a physical examination as required by

the commission, and shall pay into the retirement system all arrears of dues and assessments

determined by the commission, with interest thereon at 3%, in order to receive credit

for said prior service as an employee, for the purposes of this act. The maximum length of time to be afforded any such employee for payment of said

arrears and interest thereon shall be 5 years from the date of membership in said

system. “ Widow ” or “ widower ” means the surviving spouse of a city employee married to such employee for a period

of at least 5 years prior to the retirement or death of such employee, except as otherwise

provided herein, and said marriage having occurred prior to the time when such employee

reached the age of 55 years, except that where death results from and as a result

of an accident or injury sustained in the line of duty, the widow or widower shall

be entitled to the benefits hereinafter set forth, even though the marriage has not

been in existence for a period of 5 years; provided, however, that no pension shall

be paid to the widow or widower unless he or she was receiving at least one-half of

his or her support from the employee or pensioner member in the 12-month period immediately

preceding the member's death or the accident which was a direct cause of the member's

death. The dependency of such widow or widower shall be considered terminated by the remarriage

of the widow or widower subsequent to the member's death. No pension shall be paid to any minor child or dependent parent of such employee

unless such minor child or dependent parent shall be and shall continue to remain

dependent upon the income which such employee was receiving at the time of his or

her death. The pension commission shall determine the question of the dependency of the surviving

spouse, minor child or dependent parent, as well as the ability of the surviving spouse

to pursue some gainful occupation. “ Minor child ” means a child under the age of 18 years, whose father or mother was married to the

employee-member for a period of at least 5 years prior to the retirement of said employee,

and the said marriage having occurred prior to the time such employee arrived at the

age of 55 years. It shall also mean a child of any age who is permanently and totally disabled as

determined by the commission by virtue of physical or mental deficiencies precluding

engagement in gainful employment and who is solely dependent for support upon the

employee-member. “ Dependent parent ” shall mean a dependent parent or parents who is or are solely dependent for support

upon the employee-member. “ Commission ” shall mean pension commission. “ Commissioners ” shall mean pension commissioners, unless otherwise specified. “Permanent” and “total” disability means physical or mental incapacity of an employee,

as determined by the commission, and which would make the employee unable to perform

the duties of his position or office. “Employees' Retirement System of (name of city)” 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. “So long as he or she remains unmarried” when referring to widows or widowers, shall

mean “until he or she remarries.” 1

N.J.S.A. §§ 43:13-22.3 to 43:13-22.41. 2

N.J.S.A. § 43:13-1.1 et seq. 3

N.J.S.A. § 43:18-1 et seq. 4

N.J.S.A. § 43:19-1 et seq. 5

So in enrolled bill. 6

N.J.S.A. § 43:13-22.4. 7

N.J.S.A. § 11:1-1 et seq. 8

N.J.S.A. § 43:13-22.15. 9

N.J.S.A. § 43:1-1 et seq.