New Jersey § 43:13-22

§ 43:13-22.

As used in this act: (a) (1) “ Final salary ” when used solely for the purpose of fixing benefits under this act, shall mean the

average annual salary or compensation earned by a member as an employee for the three

years immediately preceding the member's death or retirement, or it shall mean the

average annual salary or compensation earned by a member as an employee for any three

fiscal years of membership providing the largest possible benefit to the member or

the member's beneficiary; provided, however, that as to any member employed by the

city prior to January 12, 1965, the annual salary received by such member as a regular

employee at the time of death or retirement shall be considered “final salary” for

pension or other purposes under this act, unless otherwise specified herein. (2) In the case of a person who becomes a member of the retirement system on or after

the effective date of P.L.2013, c. 282 “ final compensation ” shall mean the average annual salary or compensation earned by a member as an employee

for the five years immediately preceding the member's retirement or death, or it shall

mean the average annual salary or compensation earned by a member as an employee for

any five fiscal years of membership providing the largest possible benefit to the

member or the member's beneficiary. (b) “ Pension fund ” or “ fund ” shall mean the fund referred to in section 10 of this act 1 and is the fund from which pensions and other benefits provided for in this act shall

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

having a population of less than 300,000 inhabitants. (e) “ City employee ” or “ employee ” shall mean and include any full-time regular employee of a city, as herein defined,

or an elected or appointed official thereof. “City employee” or “employee” shall not include a member of the fire or police department

or an employee of the board of education nor a transient or seasonal employee, worker

or laborer, but shall include a temporary employee with at least one year's continuous

service. In all cases of doubt as to whether a person may be included within the meaning

of employee the decisions of the pension commission shall be final. (f) “ Member ” shall mean any employee included in the membership of the retirement system of the

city as provided in section 3 of this act. 2 (g) “ Widow ” or “ widower ” shall mean the surviving unremarried spouse of a member married to such member prior

to the retirement or death of such member, and said marriage having occurred at least

five years prior to the member's death or retirement, whichever is earlier. (h) “ Dependent parent ” shall mean a dependent parent or parents who is or are solely dependent as determined

by the commission for support upon the member. The dependency of such a parent will be considered terminated by marriage of the

parent subsequent to the death of the member. (i) “ Commission ” shall mean pension commission as constituted under section 13 of this act, 3 and shall be known as the “Pension Commission of the Employees' Retirement System

of (name of city).” (j) “ Retirement system ” or “ system ” shall mean Employees' Retirement System of (name of city) which shall be the name

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

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

held. (k) “ Child ” shall mean a deceased member's unmarried child under the age of 18. 1

N.J.S.A. § 43:13-22.59. 2

N.J.S.A. § 43:13-22.52. 3

N.J.S.A. § 43:13-22.62.