New Jersey § 43:3c-9
Full text of New Jersey New Jersey Statutes § 43:3c-9, with citation guidance and answers to common questions.
§ 43:3c-9.
a. For purposes of this section, a “ non-forfeitable right to receive benefits ” means that the benefits program, for any employee for whom the right has attached,
cannot be reduced. The provisions of this section shall not apply to post-retirement medical benefits
which are provided pursuant to law. b. Vested members of the Teachers' Pension and Annuity Fund, the Judicial Retirement
System, the Prison Officers' Pension Fund, the Public Employees' Retirement System,
the Consolidated Police and Firemen's Pension Fund, the Police and Firemen's Retirement
System, and the State Police Retirement System, upon the attainment of five years
of service credit in the retirement system or fund or on the date of enactment of
this bill, whichever is later, shall have a non-forfeitable right to receive benefits
as provided under the laws governing the retirement system or fund upon the attainment
of five years of service credit in the retirement system or fund or on the effective
date of this act, whichever is later. This subsection shall not be applicable to a person who becomes a member of these
systems or funds on or after the effective date of P.L.2010, c. 1 , except that such person shall not include a person who at the time of enrollment
in the retirement system or fund on or after that effective date transfers service
credit, as permitted, from another State-administered retirement system or fund of
which the person was a member immediately prior to the effective date and continuously
thereafter, but shall include a former member of the retirement system or fund who
has been granted a retirement allowance and is reenrolled in the retirement system
or fund on or after that effective date after becoming employed again in a position
that makes the person eligible to be a member of the retirement system. c. (1) The State and all other applicable employers shall make their annual normal
contribution to each system or fund as determined by the applicable board of trustees
in consultation with the system's or fund's actuary. The State and all other applicable employers shall also make their annual unfunded
accrued liability contribution to each system or fund as determined by the applicable
board in consultation with the system's or fund's actuary, pursuant to standard actuarial
practices authorized by law, unless: (1) there is no existing unfunded accrued liability
contribution due to the system or fund at the close of the valuation period applicable
to the upcoming fiscal year; or (2) there are excess valuation assets in excess of
the actuarial accrued liability of the system or fund at the close of the valuation
period applicable to the upcoming fiscal year. The annual normal contribution plus the annual unfunded accrued liability contribution
shall together be the annual required contribution, provided, however, that for the
State, section 38 of P.L.2010, c. 1 ( C.43:3C-14 ) shall apply with regard to the State's annual required contribution. The amount of the State's annually required contributions shall be included in all
annual appropriations acts as a dedicated line item. (2) Each member of the Teachers' Pension and Annuity Fund, the Judicial Retirement
System, the Prison Officers' Pension Fund, the Public Employees' Retirement System,
the Consolidated Police and Firemen's Pension Fund, the Police and Firemen's Retirement
System, and the State Police Retirement System shall have a contractual right to the
annual required contribution amount being made by the member's employer or by any
other public entity. The contractual right to the annual required contribution means that the employer
or other public entity shall make the annual required contribution on a timely basis
to help ensure that the retirement system is securely funded and that the retirement
benefits to which the members are entitled by statute and in consideration for their
public service and in compensation for their work will be paid upon retirement. The failure of the State or any other public employer to make the annually required
contribution shall be deemed to be an impairment of the contractual right of each
employee. The Superior Court, Law Division shall have jurisdiction over any action brought
by a member of any system or fund or any board of trustees to enforce the contractual
right set forth in this subsection. The State and other public employers shall submit to the jurisdiction of the Superior
Court, Law Division and shall not assert sovereign immunity in such an action. If a member or board prevails in litigation to enforce the contractual right set
forth in this subsection, the court may award that party their reasonable attorney's
fees. d. This act 1 shall not be construed to preclude forfeiture, suspension or reduction in benefits
for dishonorable service. e. Except as expressly provided herein and only to the extent so expressly provided,
nothing in this act shall be deemed to (1) limit the right of the State to alter,
modify or amend such retirement systems and funds, or (2) create in any member a right
in the corpus or management of a retirement system or pension fund. The rights reserved to the State in this subsection shall not diminish the contractual
rights of employees established by subsections a., b., and c. of this section. f. Nothing in the provisions of P.L.2018, c. 55 shall be interpreted to diminish the non-forfeitable right to benefits provided to
any member of the Police and Firemen's Retirement System under State law or affirmed
by a ruling or holding of a court in the Judiciary Branch of State government. 1
L.1997, c. 113 (N.J.S.A. § 43:3C-9.1 to § 43:3C-9.5).
Frequently Asked Questions About New Jersey § 43:3c-9
What does New Jersey Statutes § 43:3c-9 cover?
Section 43:3c-9 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 43:3c-9?
A common citation format is "New Jersey Statutes § 43:3c-9" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 43:3c-9 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.