New Jersey § 43:7-9
Full text of New Jersey New Jersey Statutes § 43:7-9, with citation guidance and answers to common questions.
§ 43:7-9.
a. Upon the receipt of proper proofs of the death of a member who shall have lost
his life, there shall be paid to his widow or widower a pension of 25% of the member's
average final compensation, for the use of herself or himself, to continue during
her or his widowhood, plus 15% of such salary payable to one surviving child or plus
25% of such salary to two or more surviving children; if there is no surviving widow
or widower or in case the widow or widower dies or remarries, 20% of the member's
average final compensation will be payable to one surviving child, 35% of such compensation
to two surviving children in equal shares and if there be three or more children,
50% of such compensation will be payable to such children in equal shares; if there
is no surviving widow, widower or child, 25% of the member's average final compensation
will be payable to one surviving parent or 40% of such compensation will be payable
to two surviving parents in equal shares. b. Upon the receipt of proper proofs of the death after retirement of a former member
of the pension fund, there shall be paid to his widow or widower a pension of 25%
of the member's average final compensation for the use of herself or himself, to continue
during her or his widowhood, plus 15% of such compensation payable to one surviving
child or plus 25% of such compensation to two or more surviving children; if there
is no surviving widow or widower or in case the widow or widower dies or remarries,
20% of the member's average final compensation will be payable to one surviving child,
35% of such compensation to two surviving children in equal shares and if there be
three or more children, 50% of such compensation will be payable to such children
in equal shares. c. The changes in benefits provided by subsections a. and b. of this section shall
apply only to pensions hereafter granted; provided, however, that pensions granted
prior to the effective date of this amendatory and supplementary act shall be increased
to the schedule of payments stipulated by subsection a. on the first of the month
following the commission's approval of those cases where proper evidence is submitted
to the satisfaction of the pension commission that the death of the member in active
service was the result of an accident met in the actual performance of duty at some
definite time and place, that such death was not the result of the member's willful
negligence, and that the death occurred within 5 years of the accident; provided,
further, that any pension in an amount less than $1,600.00 per annum, presently paid
or to be paid in the future to a widow or widower or a prison officer, shall be increased
to $1,600.00 per annum. d. For purposes of this section: (1) “ Child ” shall mean a deceased member's unmarried child either (a) under the age of 18 or
(b) 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 his impairment has lasted or can be expected to last for a continuous
period of not less than 12 months, as affirmed by the examining physicians of the
fund. (2) “ Widower ” shall mean the man to whom a member was married before the date of her retirement
or at least 5 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 one-half 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 the
widower subsequent to the death of the member. (3) “ Widow ” shall mean the woman to whom a member was married before the date of his retirement
or at least 5 years before the date of his death and to whom he continued to be married
until the date of his death and who has not remarried. (4) “ Parent ” shall mean the parent of a member who was receiving at least one-half 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 parent will be considered terminated by marriage of the
parent subsequent to the death of the member.
Frequently Asked Questions About New Jersey § 43:7-9
What does New Jersey Statutes § 43:7-9 cover?
Section 43:7-9 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 § 43:7-9?
A common citation format is "New Jersey Statutes § 43:7-9" (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 § 43:7-9 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.