New Jersey § 43:5a-4

§ 43:5a-4.

a. An employee who has reached 65 years of age and is eligible for a pension under

this act may retire and receive said pension by filing with the commission an application,

duly attested, stating at which time subsequent thereto he desires to be retired. The commission, upon satisfactory proofs of eligibility, shall retire him at the

time specified, or at such other time within 30 days after the date so specified as

it finds advisable, and shall certify to the Director of the Division of Pensions,

Department of the Treasury, the date of retirement and the amount of the pension fixed

in accordance with the provisions of section 3 of this act. b. An employee who has not reached 65 years of age but is permanently and totally

disabled shall, upon his own application, or the application of one acting in his

behalf, or the application of the head of the department in which he is employed,

be retired. Upon receipt of such application, the commission shall refer the application to

the Division of Pensions so that it may be processed as are all other applications

for disability retirement. Upon satisfactory proofs of eligibility, the commission shall retire said employee,

and shall certify to the Director of the Division of Pensions, Department of the Treasury,

the date of retirement and the amount of pension fixed in accordance with the provisions

of section 3 of this act. c. Once each year the commission may, and upon his application shall, require any

person retired pursuant to subsection b. of this section who is under the age of 65

years to undergo medical examination on the same basis as is the case for all other

disability retirements processed by the Division of Pensions. If the Division of Pensions shall report and certify to the commission that he is

not totally incapacitated, either physically or mentally for the performance of duty,

or if he is engaged in an occupation, then the amount of his pension shall be reduced

to an amount which, when added to the amount of his earnings, shall not exceed the

amount of the salary now attributable to his former position; except that no pension

subject to the minimum for those whose service exceeds 40 years as specified in section

3 of this act shall be reduced below the minimum required thereby. If his earnings have changed since the date of his last examination, then the amount

of his pension may be further altered; but the new pension shall not exceed the amount

of pension originally granted. If such person while under the age of 65 years refuses to submit to at least one

medical examination in any year by a physician or physicians designated by the Division

of Pensions, his pension shall be discontinued until withdrawal of his refusal. Any discontinuance, reduction or other alteration of pension under this subsection

shall be certified by the commission to the Director of the Division of Pensions,

Department of the Treasury. d. When a State employee eligible for retirement and pension under this act has reached

the age of 70 years, the head of the department in which he is employed shall report

thereon to the commission, which shall retire said employee forthwith or at such time

within 90 days, thereof as it deems advisable, and shall certify to the Director of

the Division of Pensions, Department of the Treasury, the date of retirement and the

amount of the pension fixed in accordance with the provisions of section 3 of this

act. 1 e. Pensions granted under this act shall be paid by the State Treasurer, upon certificate

of the Director of the Division of Pensions and warrant of the Director of the Division

of Budget and Accounting; out of the amount appropriated by law for the purpose. 1

N.J.S.A. § 43:5A-3.