New Jersey § 53:5a-3

§ 53:5a-3.

As used in this act: a. “ Aggregate contributions ” means the sum of all the amounts, deducted from the salary of a member or contributed

by him or on his behalf, standing to the credit of his individual account in the Annuity

Savings Fund. Interest credited on contributions to the former “State Police Retirement and Benevolent

Fund” shall be included in a member's aggregate contributions. b. “ Annuity ” means payments for life derived from the aggregate contributions of a member. 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, computed upon the basis of such mortality tables recommended

by the actuary as the board of trustees adopts and regular interest. d. “ Beneficiary ” means any person entitled to receive any benefit pursuant to the provisions of this

act by reason of the death of a member or retirant. e. “ Board of trustees ” or “ board ” means the board provided for in section 30 of this act. 1 f. “ Child ” means a deceased member's or retirant's unmarried child either (a) under the age

of 18 , or (b) 18 years of age or older and enrolled in a secondary school, or (c) under the age

of 24 and enrolled in a degree program in an institution of higher education for at

least 12 credit hours in each semester, provided that the member died in active service

as a result of an accident met in the actual performance of duty at some definite

time and place, and the death was not the result of the member's willful misconduct,

or (d) of any age who, at the time of the member's or retirant'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 medical

board. g. “ Creditable service ” means service rendered for which credit is allowed on the basis of contributions

made by the member or the State. h. “ Parent ” means 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. i. (1) “ Final compensation ” means the average compensation received by the member in the last 12 months of creditable

service preceding his retirement or death. Such term includes the value of the member's maintenance allowance for this same

period. (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 service for which contributions are made

during any three fiscal years of membership providing the largest possible benefit

to the member or the member's beneficiary. Such term includes the value of the member's maintenance allowance for this same

period. j. (1) “ Final salary ” means the average salary received by the member in the last 12 months of creditable

service preceding his retirement or death. Such term shall not include the value of the member's maintenance allowance. (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 salary ” means the average annual salary for service for which contributions are made during

any three fiscal years of membership providing the largest possible benefit to the

member or the member's beneficiary. Such term shall not include the value of the member's maintenance allowance. k. “ Fiscal year ” means any year commencing with July 1 and ending with June 30 next following. l . “ Medical board ” means the board of physicians provided for in section 30 of this act. m. “ Member ” means any full-time, commissioned officer, non-commissioned officer or trooper of

the Division of State Police of the Department of Law and Public Safety of the State

of New Jersey enrolled in the retirement system established by this act. n. “ Pension ” means payment for life derived from contributions by the State. o . “ Pension reserve ” means the present value of all payments to be made on account of any pension or

benefit in lieu of any pension computed on the basis of such mortality tables recommended

by the actuary as shall be adopted by the board of trustees and regular interest. p. “ Regular interest ” means 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%. q. “ Retirant ” means any former member receiving a retirement allowance as provided by this act. r. “ Retirement allowance ” means the pension plus the annuity. s. “ State Police Retirement System of New Jersey ,” herein also referred to as the “retirement system” or “system,” is the corporate

name of the arrangement for the payment of retirement allowances and of the 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 moneys drawn, and payments made and all of its cash and securities and other property

held. All assets held in the name of the former “State Police Retirement and Benevolent

Fund” shall be transferred to the retirement system established by this act. t. “ Surviving spouse ” means the person to whom a member or a retirant was married, or a domestic partner

as defined in section 3 of P.L.2003, c. 246 ( C.26:8A-3 ), on the date of the death of the member or retirant. The dependency of such a surviving spouse will be considered terminated by the marriage

of, or establishment of a domestic partnership by, the surviving spouse subsequent

to the member's or the retirant's death, except that in the event of the payment of

accidental death benefits, pursuant to section 14 of P.L.1965, c. 89 ( C.53:5A-14 ), the dependency of such a surviving spouse or domestic partner will not be considered

terminated by the marriage of, or establishment of a domestic partnership by, the

surviving spouse subsequent to the member's death. u. (1) “ Compensation ” for purposes of computing pension contributions means the base salary, for services

as a member as defined in this act, which is in accordance with established salary

policies of the State 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 duties beyond the regular

workday or shift. (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, “ compensation ” means the amount of base salary equivalent to the annual maximum wage contribution

base for Social Security, pursuant to the Federal Insurance Contributions Act, 2 for services as a member as defined in this act, which is in accordance with established

salary policies of the State 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 duties

beyond the regular workday or shift. v. “ Veteran ” means any person who has served in the United States Armed Forces and has or shall

be discharged or released therefrom under conditions other than dishonorable, in any

of the following wars or emergencies, and who has presented to the retirement system

evidence of such record of service in form and content satisfactory to the retirement

system: (1) 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 , 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; (2) 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; (3) 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; (4) 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; (5) 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; (6) 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; (7) 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; (8) 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; (9) 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 (10) 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. 1

N.J.S.A. § 53:5A-30. 2

26 U.S.C.A. § 3128 et seq.