New Jersey § 53:5a-9

§ 53:5a-9.

a. Upon the written application by a member in service, by one acting in his behalf

or by the State, any member, under 55 years of age, who has had four or more years

of creditable service as a State policeman , or four or more years of creditable service as a person formerly employed by the

Division of Motor Vehicles or the Division of State Police prior to appointment as

provided in section 3 of P.L.1983, c. 403 ( C.39:2-9.3 ), or four or more years of creditable service as a person formerly employed by the Alcoholic

Beverage Control Enforcement Bureau, the State Capitol Police Force, or the Bureau

of Marine Law Enforcement prior to appointment as provided in section 1 of P.L.1997, c. 19 ( C.53:1-8.2 ), may be retired, not less than one month next following the date of filing such application

with the retirement system, on an ordinary disability retirement allowance; provided,

that the medical board, after a medical examination of such member, shall certify

that such member is mentally or physically incapacitated for the performance of his

usual duty and of any other available duty in the Division of State Police which the

Superintendent of State Police is willing to assign to him and that such incapacity

is likely to be permanent and of such an extent that he should be retired. b. Upon retirement for ordinary disability, a member shall receive an ordinary disability

retirement allowance which shall consist of: (1) An annuity which shall be the actuarial equivalent of his aggregate contributions;

and (2) A pension in the amount which, when added to the member's annuity, will provide

a total retirement allowance of 1 1/2% of final compensation multiplied by his number

of years of creditable service, but in no event shall the total allowance be less

than 40% of final compensation. c. Notwithstanding the provisions of subsection b. of this section, a member of the

retirement system who has more than 20 but less than 25 years of creditable service

and who is required to retire pursuant to subsection a. of this section upon application

by the State made on or after October 1, 1988, shall receive an ordinary disability

retirement allowance which shall consist of: (1) An annuity which shall be the actuarial equivalent of the member's aggregate contributions;

and (2) A pension in the amount which, when added to the member's annuity, will provide

a total retirement allowance of 50% of final compensation plus 3% of final compensation

multiplied by the number of years of creditable service over 20 but not over 25. Any increase in the disability retirement allowance of a member who was required to

retire on or after October 1, 1988 and prior to the effective date of this amendatory

and supplementary act, P.L.1989, c. 308, shall be retroactive to the date of retirement. d. Upon the receipt of proper proofs of the death of a member who has retired on an

ordinary disability retirement allowance, there shall be paid to the member's beneficiary

an amount equal to three and one-half times the final compensation received by the

member in the last year of creditable service; provided, however, that if such death

shall occur after the member shall have attained 55 years of age, the amount payable

shall equal one-half of such compensation instead of three and one-half times such

compensation.