New Jersey § 43:8a-5
Full text of New Jersey New Jersey Statutes § 43:8a-5, with citation guidance and answers to common questions.
§ 43:8a-5.
(1) The general supervision of the operation of the retirement system is hereby vested
in a board of trustees 1 which shall be organized immediately after three of the trustees provided for in
this section have qualified and taken the oath of office. (2) The board shall consist of five trustees as follows: (a) Two public members to be appointed by the Governor for a term of three years;
provided, however, that the term of office of the first two public trustees shall
be for one year and two years, respectively, as indicated by the Governor. (b) The State Treasurer, ex officio. (c) Two law enforcement officers who shall be members of the pension fund and who
shall be elected by the members of the pension fund for a term of three years according
to such rules and regulations as the board of trustees shall adopt to govern such
election; provided, however, that the term of office of the first two trustees so
elected shall begin immediately following their election and shall expire July first,
one thousand nine hundred and fifty-six, and July first, one thousand nine hundred
and fifty-seven, in the order named. (3) Each trustee shall, within ten days after his appointment or election, take an
oath of office that, so far as it devolves upon him he will diligently and honestly
administer the affairs of the said board, and that he will not knowingly violate or
willingly permit to be violated any of the provisions of the law applicable to the
pension fund. Such oath shall be subscribed by the member making it, and certified by the officer
before whom it is taken, and immediately filed in the office of the Secretary of State. (4) If a vacancy occurs in the office of a trustee, the vacancy shall be filled for
the unexpired term in the same manner as the office was previously filled. (5) The trustees shall serve without compensation, but they shall be reimbursed for
all necessary expenses that they may incur through service on the board. (6) Each trustee shall be entitled to one vote in the board. Three votes shall be necessary for a decision by the trustees at any meeting of
said board. (7) Subject to the limitations of this act 2 the board of trustees shall, from time to time, establish rules and regulations for
the administration of the funds created by this act and for the transaction of its
business. (8) The board of trustees shall elect from its membership a chairman. The secretary and the actuary of the State Employees' Retirement System shall be
the secretary and the actuary, respectively, of the pension fund. The board shall engage such other special services as shall be required to transact
the business of the pension fund. The compensation of all persons engaged by the board of trustees shall be paid at
such rates and in such amounts as the board of trustees shall approve. (9) The board of trustees shall keep in convenient form such data as shall be necessary
for actuarial valuation of the various funds of the pension fund, and for checking
the experience of the system. (10) The board of trustees shall keep a record of all of its proceedings which shall
be open to public inspection. It shall publish annually a report showing the fiscal transactions of the pension
fund for the preceding year, the amount of the accumulated cash and securities of
the system, and the last balance sheet showing the financial condition of the pension
fund by means of an actuarial valuation of the assets and liabilities of the pension
fund. (11) The Attorney-General of the State of New Jersey shall be the legal adviser of
the board of trustees. (12) The board of trustees shall designate a medical board to be composed of one,
two or three physicians as the board shall designate who are not eligible to participate
in the pension fund. If required, other physicians may be employed to report on special cases. The medical board shall arrange for and pass upon all medical examinations required
under the provisions of this act, shall investigate all essential statements and certificates
by or on behalf of a member in connection with an application for disability retirement,
and shall report in writing to the board of trustees its conclusions and recommendations
upon all matters referred to it. (13) Immediately after the establishment of the pension fund, the actuary shall prepare
and submit to the board of trustees the mortality and service tables which he recommends
to the board for adoption. Having regard to such recommendation, the board shall adopt for the pension fund
such mortality and service tables as shall be deemed necessary, and shall certify
the rates of contribution payable under the provisions of this act. At least once in every five-year period following the establishment of the pension
fund, the actuary shall make an actuarial investigation into the mortality, service
and compensation experience of the members and beneficiaries of the retirement system,
and taking into account the results of such investigation, the board of trustees shall
adopt for the retirement system such mortality, service and other tables as shall
be deemed necessary and shall certify the rates of contribution payable under the
provisions of this act. (14) The board of trustees from time to time shall set the rate of regular interest
at such per centum rate compounded annually as shall be determined by the board to
be equitable in its judgment, both to members and to the taxpayers of the State, such
rate to be limited to a minimum of two per centum (2%) and a maximum of four per centum
(4%) with the rate of three per centum (3%) applicable until changed by the board. (15) On the basis of such tables as the board of trustees shall adopt and regular
interest, the actuary shall make an annual valuation of the assets and liabilities
of the funds of the pension fund created by this act. (16) The various funds created by this act shall be subject to the supervision of
the Department of Banking and Insurance of the State of New Jersey. 1
The functions, powers and duties of the Board of Trustees were transferred to the
Division of Pensions, Treasury Department by L.1955, c. 70, p. 233, § 2. See N.J.S.A.
§ 52:18A-96. 2
N.J.S.A. §§ 43:8A-1 to 43:8A-25.
Frequently Asked Questions About New Jersey § 43:8a-5
What does New Jersey Statutes § 43:8a-5 cover?
Section 43:8a-5 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 § 43:8a-5?
A common citation format is "New Jersey Statutes § 43:8a-5" (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 § 43:8a-5 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.