New Jersey § 43:15a-6

§ 43:15a-6.

As used in this act: a. “ Accumulated deductions ” means the sum of all the amounts, deducted from the compensation of a member or

contributed by or on behalf of the member, standing to the credit of the member's

individual account in the annuity savings fund. b. “ Annuity ” means payments for life derived from the accumulated deductions of a member as provided

in this act. c. “ Annuity reserve ” means the present value of all payments to be made on account of any annuity or

benefit in lieu of an annuity, granted under the provisions of this act, computed

on the basis of such mortality tables recommended by the actuary as the board of trustees

adopts, with regular interest. d. “ Beneficiary ” means any person receiving a retirement allowance or other benefit as provided in

this act. e. “ Child ” means a deceased member's unmarried child either (1) under the age of 18 or (2)

of any age who, at the time of the member's death, is disabled because of an intellectual disability or physical incapacity, is unable to do any substantial, gainful work because of

the impairment and the impairment has lasted or can be expected to last for a continuous

period of not less than 12 months, as affirmed by the medical board. f. “ Parent ” shall mean the parent of a member who was receiving at least 1/2 of the parent's

support from the member in the 12-month period immediately preceding the member's

death or the accident which was the direct cause of the member's death. The dependency of such a parent will be considered terminated by marriage of the

parent subsequent to the death of the member. g. (1) “ Widower ,” for employees of the State, means the man to whom a member was married, or a domestic

partner as defined in section 3 of P.L.2003, c. 246 ( C.26:8A-3 ), at least five years before the date of her death and to whom she continued to be

married or a domestic partner until the date of her death and who was receiving at

least 1/2 of his support from the member in the 12-month period immediately preceding

the member's death or the accident which was the direct cause of the member's death. The dependency of such a widower will be considered terminated by marriage of, or

establishment of a domestic partnership by, the widower subsequent to the death of

the member. In the event of the payment of an accidental death benefit, the five-year qualification

shall be waived. (2) Subject to the provisions of paragraph (3) of this subsection, “ widower ,” for employees of public employers other than the State, means the man to whom a

member was married at least five years before the date of her death and to whom she

continued to be married until the date of her death and who was receiving at least

1/2 of his support from the member in the 12-month period immediately preceding the

member's death or the accident which was the direct cause of the member's death. The dependency of such a widower shall be considered terminated by marriage of the

widower subsequent to the death of the member. In the event of the payment of an accidental death benefit, the five-year qualification

shall be waived. (3) A public employer other than the State may adopt a resolution providing that the

term “ widower ” as defined in paragraph (2) of this subsection shall include domestic partners as

provided in paragraph (1) of this subsection. h. (1) “ Final compensation ” means the average annual compensation for which contributions are made for the three

years of creditable service in New Jersey immediately preceding the member's retirement

or death, or it shall mean the average annual compensation for New Jersey service

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

providing the largest possible benefit to the member or the member's beneficiary. (2) In the case of a person who becomes a member of the retirement system on or after

the effective date of P.L.2010, c. 1 , “ final compensation ” means the average annual compensation for which contributions are made for the five

years of creditable service in New Jersey immediately preceding the member's retirement

or death, or it shall mean the average annual compensation for New Jersey service

for which contributions are made during any five fiscal years of his or her membership

providing the largest possible benefit to the member or the member's beneficiary. i. “ Fiscal year ” means any year commencing with July 1 and ending with June 30 next following. j. “ Medical board ” shall mean the board of physicians provided for in section 17 of P.L.1954, c. 84

( C.43:15A-17 ). k. “ Pension ” means payments for life derived from appropriations made by the employer as provided

in this act. l . “ Pension reserve ” means the present value of all payments to be made on account of any pension or

benefit in lieu of a pension granted under the provisions of this act, computed on

the basis of such mortality tables recommended by the actuary as the board of trustees

adopts, with regular interest. m. “Public Employees' Retirement System of New Jersey,” hereinafter referred to as

the “retirement system” or “system,” is the corporate name of the arrangement for

the payment of retirement allowances and other benefits under the provisions of this

act including the several funds placed under said system. 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. n. “ Regular interest ” shall mean interest as determined by the State Treasurer, after consultation with

the Directors of the Divisions of Investment and Pensions, the board of trustees and

the actuary. It shall bear a reasonable relationship to the percentage rate of earnings on investments

based on the market value of the assets but shall not exceed the assumed percentage

rate of increase applied to salaries plus 3%, provided however that the board of trustees

shall not set the average percentage rate of increase applied to salaries below 6%. o . “ Retirement allowance ” means the pension plus the annuity. p. “ Veteran ” means any honorably discharged officer, soldier, sailor, airman, marine or nurse

who served in any Army, Air Force or Navy of the Allies of the United States in World

War I, between July 14, 1914, and November 11, 1918, or who served in any Army, Air

Force or Navy of the Allies of the United States in World War II, between September

1, 1939, and September 2, 1945, and who was inducted into such service through voluntary

enlistment, and was a citizen of the United States at the time of such enlistment,

and who did not, during or by reason of such service, renounce or lose United States

citizenship, and any officer, soldier, sailor, marine, airman, nurse or army field

clerk, who has served in the active military or naval service of the United States

and has or shall be discharged or released therefrom under conditions other than dishonorable,

in any of the following wars, uprisings, insurrections, expeditions, or emergencies,

and who has presented to the retirement system evidence of such record of service

in form and content satisfactory to said retirement system: (1) The Indian wars and uprisings during any of the periods recognized by the War

Department of the United States as periods of active hostility; (2) The Spanish-American War between April 20, 1898, and April 11, 1899; (3) The Philippine insurrections and expeditions during the periods recognized by

the War Department of the United States as of active hostility from February 4, 1899,

to the end of 1913; (4) The Peking relief expedition between June 20, 1900, and May 27, 1902; (5) The army of Cuban occupation between July 18, 1898, and May 20, 1902; (6) The army of Cuban pacification between October 6, 1906, and April 1, 1909; (7) The Mexican punitive expedition between March 14, 1916, and February 7, 1917; (8) The Mexican border patrol, having actually participated in engagements against

Mexicans between April 12, 1911, and June 16, 1919; (9) World War I, between April 6, 1917, and November 11, 1918; (10) World War II, between September 16, 1940, and December 31, 1946, who shall have

served at least 90 days in such active service, exclusive of any period of assignment

(1) for a course of education or training under the Army Specialized Training Program

or the Navy College Training Program which course was a continuation of a civilian

course and was pursued to completion, or (2) as a cadet or midshipman at one of the

service academies any part of which 90 days was served between said dates; provided,

that any person receiving an actual service-incurred injury or disability shall be

classed as a veteran whether or not that person has completed the 90-day service as

herein provided; (11) Korean conflict on or after June 23, 1950, and on or prior to January 31, 1955,

who shall have served at least 90 days in such active service, exclusive of any period

of assignment (1) for a course of education or training under the Army Specialized

Training Program or the Navy College Training Program which course was a continuation

of a civilian course and was pursued to completion, or (2) as a cadet or midshipman

at one of the service academies, any part of which 90 days was served between said

dates; provided, that any person receiving an actual service-incurred injury or disability

shall be classed as a veteran whether or not that person has completed the 90-day

service as herein provided; and provided further, that any member classed as a veteran

pursuant to this paragraph prior to August 1, 1966, shall continue to be classed as

a veteran whether or not that person completed the 90-day service between said dates

as herein provided; (12) Lebanon crisis, on or after July 1, 1958, who has served in Lebanon or on board

any ship actively engaged in patrolling the territorial waters of that nation for

a period, continuous or in the aggregate, of at least 14 days commencing on or before

November 1, 1958 or the date of termination of that conflict, as proclaimed by the

President of the United States or Congress, whichever date of termination is the latest,

in such active service; provided, that any person receiving an actual service-incurred

injury or disability shall be classed as a veteran whether or not that person has

completed the 14 days' service as herein provided; (13) Vietnam conflict on or after December 31, 1960, and on or prior to May 7, 1975,

who shall have served at least 90 days in such active service, exclusive of any period

of assignment (1) for a course of education or training under the Army Specialized

Training Program or the Navy College Training Program which course was a continuation

of a civilian course and was pursued to completion, or (2) as a cadet or midshipman

at one of the service academies, any part of which 90 days was served between said

dates; and exclusive of any service performed pursuant to the provisions of section 511(d) of Title 10, United States Code , 1 pursuant to an enlistment in the Army National Guard or as a reserve for service

in the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or Coast

Guard Reserve; provided, that any person receiving an actual service-incurred injury

or disability shall be classed as a veteran whether or not that person has completed

the 90 days' service as herein provided; (14) Lebanon peacekeeping mission, on or after September 26, 1982, who has served

in Lebanon or on board any ship actively engaged in patrolling the territorial waters

of that nation for a period, continuous or in the aggregate, of at least 14 days commencing

on or before December 1, 1987 or the date of termination of that mission, as proclaimed

by the President of the United States or Congress, whichever date of termination is

the latest, in such active service; provided, that any person receiving an actual

service-incurred injury or disability shall be classed as a veteran whether or not

that person has completed the 14 days' service as herein provided; (15) Grenada peacekeeping mission, on or after October 23, 1983, who has served in

Grenada or on board any ship actively engaged in patrolling the territorial waters

of that nation for a period, continuous or in the aggregate, of at least 14 days commencing

on or before November 21, 1983 or the date of termination of that mission, as proclaimed

by the President of the United States or Congress, whichever date of termination is

the latest, in such active service; provided, that any person receiving an actual

service-incurred injury or disability shall be classed as a veteran whether or not

that person has completed the 14 days' service as herein provided; (16) Panama peacekeeping mission, on or after December 20, 1989 or the date of inception

of that mission, as proclaimed by the President of the United States or Congress,

whichever date of inception is earliest, who has served in Panama or on board any

ship actively engaged in patrolling the territorial waters of that nation for a period,

continuous or in the aggregate, of at least 14 days commencing on or before January

31, 1990 or the date of termination of that mission, as proclaimed by the President

of the United States or Congress, whichever date of termination is the latest, in

such active service; provided, that any person receiving an actual service-incurred

injury or disability shall be classed as a veteran whether or not that person has

completed the 14 days' service as herein provided; (17) Operation “Desert Shield/Desert Storm” mission in the Arabian peninsula and the

Persian Gulf, on or after August 2, 1990 or the date of inception of that operation,

as proclaimed by the President of the United States or Congress, whichever date of

inception is earliest, who has served in the Arabian peninsula or on board any ship

actively engaged in patrolling the Persian Gulf for a period, continuous or in the

aggregate, of at least 14 days commencing on or before the date of termination of

that mission, as proclaimed by the President of the United States or Congress, whichever

date of termination is the latest, in such active service; provided, that any person

receiving an actual service-incurred injury or disability shall be classed as a veteran

whether or not that person has completed the 14 days' service as herein provided; (18) Operation Northern Watch and Operation Southern Watch, on or after August 27,

1992, or the date of inception of that operation, as proclaimed by the President of

the United States, Congress or United States Secretary of Defense, whichever date

of inception is earliest, who served in the theater of operation, including in the

Arabian peninsula and the Persian Gulf, and in direct support of that operation for

a period, continuously or in the aggregate, of at least 14 days in such active service,

commencing on or before the date of termination of that operation, as proclaimed by

the President of the United States, Congress or United States Secretary of Defense,

whichever date of termination is the latest; provided, that any person receiving

an actual service-incurred injury or disability while engaged in such service shall

be classed as a veteran whether or not that person has completed the 14 days' service

as herein provided; (19) Operation “Restore Hope” in Somalia, on or after December 5, 1992, or the date

of inception of that operation as proclaimed by the President of the United States

or Congress, whichever date is earliest, who has served in Somalia or on board any

ship actively engaged in patrolling the territorial waters of that nation for a period,

continuously or in the aggregate, of at least 14 days in such active service commencing

on or before March 31, 1994; provided that any person receiving an actual service-incurred

injury or disability shall be classed as a veteran whether or not that person has

completed the 14-day service as herein provided; (20) Operations “Joint Endeavor” and “Joint Guard” in the Republic of Bosnia and Herzegovina,

on or after November 20, 1995, who served in such active service in direct support

of one or both of the operations for at least 14 days, continuously or in the aggregate,

commencing on or before June 20, 1998 and (1) was deployed in that nation or in another

area in the region, or (2) was on board a United States naval vessel operating in

the Adriatic Sea, or (3) operated in airspace above the Republic of Bosnia and Herzegovina;

provided that any person receiving an actual service-incurred injury or disability

shall be classed as a veteran whether or not that person completed the 14-day service

requirement; (21) Operation “Enduring Freedom”, on or after September 11, 2001, who served in a

theater of operation and in direct support of that operation for a period, continuously

or in the aggregate, of at least 14 days in such active service commencing on or before

the date the President of the United States or the United States Secretary of Defense

designates as the termination date of that operation; provided, that any person receiving

an actual service-incurred injury or disability while engaged in such service shall

be classed as a veteran whether or not that person has completed the 14 days' service

as herein provided; and (22) Operation “Iraqi Freedom”, on or after the date the President of the United States

or the United States Secretary of Defense designates as the inception date of that

operation, who served in Iraq or in another area in the region in direct support of

that operation for a period, continuously or in the aggregate, of at least 14 days

in such active service commencing on or before the date the President of the United

States or the United States Secretary of Defense designates as the termination date

of that operation; provided, that any person receiving an actual service-incurred

injury or disability while engaged in such service shall be classed as a veteran whether

or not that person has completed the 14 days' service as herein provided. “ Veteran ” also means any honorably discharged member of the American Merchant Marine who served

during World War II and is declared by the United States Department of Defense to

be eligible for federal veterans' benefits. q. (1) “ Widow ,” for employees of the State, means the woman to whom a member was married, or a

domestic partner as defined in section 3 of P.L.2003, c. 246 ( C.26:8A-3 ), at least five years before the date of his death and to whom he continued to be

married or a domestic partner until the date of his death and who was receiving at

least 1/2 of her support from the member in the 12-month period immediately preceding

the member's death or the accident which was the direct cause of the member's death. The dependency of such a widow will be considered terminated by the marriage of,

or establishment of a domestic partnership by, the widow subsequent to the member's

death. In the event of the payment of an accidental death benefit, the five-year qualification

shall be waived. (2) Subject to the provisions of paragraph (3) of this subsection, “ widow ,” for employees of public employers other than the State, means the woman to whom

a member was married at least five years before the date of his death and to whom

he continued to be married until the date of his death and who was receiving at least

1/2 of her support from the member in the 12-month period immediately preceding the

member's death or the accident which was the direct cause of the member's death. The dependency of such a widow shall be considered terminated by the marriage of

the widow subsequent to the member's death. In the event of the payment of an accidental death benefit, the five-year qualification

shall be waived. (3) A public employer other than the State may adopt a resolution providing that the

term “ widow ” as defined in paragraph (2) of this subsection shall include domestic partners as

provided in paragraph (1) of this subsection. r. (1) “ Compensation ” means the base or contractual salary, for services as an employee, which is in accordance

with established salary policies of the member's employer for all employees in the

same position but shall not include individual salary adjustments which are granted

primarily in anticipation of the member's retirement or additional remuneration for

performing temporary or extracurricular duties beyond the regular workday or the regular

work year. (2) In the case of a person who becomes a member of the retirement system on or after

July 1, 2007, “ compensation ” means the amount of base or contractual salary equivalent to the annual maximum

wage contribution base for Social Security, pursuant to the Federal Insurance Contributions

Act, for services as an employee, which is in accordance with established salary policies

of the member's employer for all employees in the same position but shall not include

individual salary adjustments which are granted primarily in anticipation of the member's

retirement or additional remuneration for performing temporary or extracurricular

duties beyond the regular workday or the regular work year. This paragraph shall not apply to a person who at the time of enrollment in the

retirement system on or after July 1, 2007 transfers service credit from another State-administered

retirement system pursuant to section 14 of P.L.1954, c. 84 ( C.43:15A-14 ), but shall apply to a former member of the retirement system who has been granted

a retirement allowance and is reenrolled in the retirement system on or after July

1, 2007 pursuant to section 27 of P.L.1966, c. 217 ( C.43:15A-57.2 ) after becoming employed again in a position that makes the person eligible to be

a member of the retirement system. In cases where salary includes maintenance, the retirement system shall fix the value

of that part of the salary not paid in money which shall be considered under this

act. For the period of July 1, 2009 through June 30, 2011, “contractual salary” for State

employees shall include across the board negotiated wage increases under a collective

negotiations agreement that were payable to all State employees covered by that agreement

notwithstanding that, by amendment to that collective negotiations agreement, the

effective date of the contractual increase has been deferred. For the purpose of this paragraph, “ State employee ” means an employee in the Executive Branch or the Judicial Branch of State government

of New Jersey or an employee of the State University authorized to participate in

the system under subsection b. of section 73 of P.L.1954, c. 84 ( C.43:15A-73 ), but shall not include employees of agencies authorized to participate in the system

under subsections a., c., d., e., f., and g. of section 73 of P.L.1954, c. 84 ( C.43:15A-73 ) or under P.L.1990, c. 25 ( C.43:15A-73.2 et al.). For the period of July 1, 2009 through June 30, 2011, “ contractual salary ” for county and municipal employees shall include across the board negotiated wage

increases under a collective negotiations agreement that were payable to all county

or all municipal employees covered by that agreement notwithstanding that, by amendment

to that collective negotiations agreement which has been filed with the Division of

Pensions and Benefits, the effective date of the contractual increase has been deferred. For the purpose of this paragraph, “ county and municipal employees ” means all persons employed by a county or municipality in this State. 1

10 U.S.C.A. § 511 (d).