Title 43, Title 43: PENSIONS AND RETIREMENT AND UNEMPLOYMENT COMPENSATION

43:13-22.31. Withdrawal not allowed; separation from service; refunds From and after the adoption of this act any employee who is or becomes a member of the retirement system created hereby may not withdraw therefrom and shall not be entitled to a refund of any of the moneys ther…

43:13-22.32. Widow of employee When a member of the retirement system is separated from service or is absent on leave for a period in excess of 1 year, and said separation or leave of absence is for a cause other than illness or other employment within the municipality covered by…

43:13-22.33. Transfer of membership from existing funds Upon the adoption of this act, the transfer of membership from any of the existing funds organized under the provisions of article 2, chapter 13, Title 43 of the Revised Statutes; and of chapter 18, Title 43 of the Revised S…

43:13-22.34. Annual reports; exemptions; assignments The commission shall report annually the condition of the retirement system and the manner in which its funds are invested. The report shall be filed with the governing body of the municipality for the use of the employees and …

43:13-22.35. Fraud; errors Any person who shall knowingly make any false statements or shall falsify or permit to be falsified any record or records of the retirement system in any attempt to defraud such system, shall be guilty of a misdemeanor, and shall be punishable therefor …

43:13-22.36. Yearly payments by city of $100,000 raised by taxation To provide for the solvency of the retirement system in addition to and separate and distinct from any obligation heretofore placed upon the city by any provision of this act the city shall raise by taxation and …

43:13-22.37. New members; retirement for age and service Any person who, after the enactment of this act, becomes a permanent employee of the city and becomes a member of this retirement system and shall have served in the employ of the city in the aggregate for a period of at le…

43:13-22.38. Affiliation with similar organizations The commission shall be empowered to affiliate with similar State and national organizations. L.1954, c. 218, p. 831, s. 36.

43:13-22.39. Partial invalidity If for any reason any section or part of any section or any provisions of this act shall be questioned in any court, and shall be held to be unconstitutional or invalid, the same shall not be held to affect any other section or part of any section …

43:13-22.4. Employees' retirement systems created in first class cities over 400,000 In each city, as defined by this act, an employees' retirement system shall be and is hereby created, set apart, maintained and administered in the manner prescribed in this act, for the benefit …

43:13-22.40. Affidavits as to status The commission may require all pensioners and beneficiaries annually and at such other times as it may be deemed necessary to file an affidavit or affidavits as to their status as pensioners or beneficiaries. L.1954, c. 218, p. 831, s. 38.

43:13-22.41. Laws not affected by this act Nothing in this act shall affect, modify or repeal any of the provisions of chapter 119 of the laws of 1941 or of chapter 250 of the laws of 1948. L.1954, c. 218, p. 831, s. 39.

43:13-22.42. Definitions As used in this act "retirant" means any former employee included in the membership of the retirement system established under the act to which this act is a supplement, who has retired from such employment, and as a result of such employment, is receivin…

43:13-22.43. Increase in pension The monthly pension originally granted to any retirant shall be increased in accordance with the provisions of this act. Pension increases shall not be paid to retirants who are not receiving their regular, full, monthly pensions. The increase gra…

43:13-22.44. Ratio of increase The "ratio of increase" which shall apply to the pension originally granted to a retirant shall be calculated in accordance with the following percentages as determined by the calendar year in which the retirement became effective. Year of Ratio of …

43:13-22.45. Payment of cost of increase by employer; appropriation of amounts certified; necessity The employer shall bear the cost of the increase in the pensions payable to retirants who retired from the employ of such employer. The employer shall appropriate the amount in the…

43:13-22.46. Waiver; withdrawal Any person who is eligible to receive the increased pension under the provisions of this act may, at any time, waive his right thereto by filing a written notice of waiver with the secretary of the retirement system. The application for the waiver …

43:13-22.47. Annual adjustment in pensions pursuant to percentum of change in index On or before October 1, 1969 and by the same date in each subsequent year, the Director of the Division of Pensions of the State Department of the Treasury shall review the index and determine the…

43:13-22.48. Blanket increase in original or minimum pensions; adjustment of payments under this act If legislation is adopted providing for a blanket increase in the original pensions or for minimum pensions to any group of retirants eligible for benefits under this act, all inc…

43:13-22.49. Director of division of pensions; rules and regulations; reports The Director of the Division of Pensions of the State Department of the Treasury shall promulgate such rules and regulations, not inconsistent with the provisions of the Pension Increase Act (P.L.1969, …

43:13-22.49a. Elected officials; special retirement benefits; ordinance Notwithstanding the provisions of P.L.1954, c. 218 (C. 43:13-22.3 et seq.) or any other law, the governing body of a city, as defined by P.L.1954, c. 218 (C. 43:13-22.3 et seq.), may adopt an ordinance which …

43:13-22.49b. Separate account for each elected official; credits; contributions A separate account shall be established in the pension fund created pursuant to section 27 of P.L.1954, c. 218 (C. 43:13-22.29) for each elected official of the city, and all contributions based on s…

43:13-22.49c. Credit for prior service; purchase Notwithstanding any other law regarding the purchase of service credit, an elected official of the city may purchase credit for all previous service as such an elected official by paying into the pension fund 5% of the salaries he …

43:13-22.49d. Member of PERS; remittance and adjustment of accumulated deductions and employer's obligation to retirement system of city In the case of an elected official who is a member of the Public Employees' Retirement System pursuant to section 75 of P.L.1954, c. 84 (C. 43:…

43:13-22.49e. Retirement after 60; benefits a. A member who shall have attained 60 years, upon retirement from service as an elected official of the city, shall receive a pension equal to 3% of final compensation as an elected official of the city for each year of creditable serv…

43:13-22.49f. Termination of service as elected official after 10 years before age 60 and all other public service; benefits A member who shall have served as an elected official of the city for at least 10 years and having made contributions therefor to the retirement system, an…

43:13-22.49g. Termination of service as elected official; ineligibility for special benefits; refund or credit of contributions; election of pensions; dual pensions; prohibition a. A member making contributions pursuant to the provisions of this supplementary act who is not eligi…

43:13-22.49h. Repeal of ordinance; disposition of contributions and effect on benefits a. If the governing body of the city later repeals the ordinance which it enacted pursuant to section 1 of this supplementary act, a member enrolled on the basis of service as an elected offici…

43:13-22.49i. Repeal of ordinance; receipt of refund of contributions; membership in PERS and purchase of prior service credits Upon the repeal of the ordinance by the governing body of the city, any elected official of the city who receives a refund of his contributions to the r…

43:13-22.49j. Enactment or repeal of ordinance; forwarding copy to division of pensions Upon the adoption of an ordinance pursuant to section 1 of this supplementary act or the repeal of such an ordinance, the governing body of the city shall make available to the Division of Pen…

43:13-22.5. Pension commission; membership; vacancies; elections There is hereby authorized to carry out the provisions of this act, and charged with the duty of administering the retirement system provided for herein, a pension commission composed of 7 members, consisting of, th…

43:13-22.50 Definitions. 1. As used in this act: (a) (1) "Final salary" when used solely for the purpose of fixing benefits under this act, shall mean the average annual salary or compensation earned by a member as an employee for the three years immediately preceding the member'…

43:13-22.51. Retirement system In each city, as defined in this act, an employees' retirement system shall be and is hereby created, set apart, maintained and administered in the manner prescribed in this act, for the benefit of employees of such city and the widows, widowers, mi…

43:13-22.52 Members and conditions for membership. 3. The members and conditions of membership in the retirement system created by this act shall be as follows: (a) Any person who shall become an employee of the city after the effective date of P.L.1964, c.275 (C.43:13-22.50 et s…

43:13-22.52a. Temporary employees; membership as condition of employment Any temporary employee included by this act in the definition of "employee" set forth in section one of P.L.1964, c. 275 (C. 43:13-22.50), shall, unless he is a member of another retirement system or otherwi…

43:13-22.53 Retirement for age and service. 4. (a) Any member who shall have established 20 or more years of creditable service in the retirement system and who shall have attained the age of 60 years shall, upon application by that member to the commission, be retired on a pensi…

43:13-22.54a Retirement; benefits survivors' benefits. 1. (a) A member who resigns after having completed 25 years of service for which credit has been established in the pension fund and before reaching age 60 may elect to receive, in lieu of the payment provided in section 4 of…

43:13-22.54b. Increases in pension Every person who is a retirant from a retirement system created pursuant to P.L.1964, c. 275 (C. 43:13-22.50 et seq.) or from a retirement system that has merged with that retirement system, and who is receiving a pension on the effective date o…

43:13-22.54c. Liability for payment of increase by employer The employer shall bear the cost of the increase in the pensions payable to retirants pursuant to this act. The employer shall appropriate the amount necessary to fund this act in the current fiscal year and in each foll…

43:13-22.54d Rules and regulations. 3. The pension commission shall promulgate rules and regulations which it shall deem necessary for the effective operation of P.L.1964, c.275 (C.43:13-22.50 et seq.), any act that is a supplement thereto and section 6 of P.L.2013, c.282 (C.43:1…

43:13-22.55. Retirement for disability (a) Any member having five or more years of creditable service in the retirement system who shall have become permanently disabled for the further performance of duty, shall, by resolution of the commission or upon application of such member…

43:13-22.56 Death benefits. 7. Death benefits. (a) Upon the death of a member in service who shall have paid into the fund the full amount of contributions due and who shall die as a result of injuries or illness received or incurred in the performance of that member's regular or…

43:13-22.56a. Widow's pension Any pensioner receiving a pension as a result of the prior service by a deceased spouse to a city, whose spouse died prior to January 12, 1965, and who is still qualified to receive the pension, shall receive, in lieu of the present pension award the…

43:13-22.57. Priority of payments to survivors Upon and after the death of a member or survivor, the benefits herein provided for the remaining survivors shall be paid in the following manner of priority: (a) To the surviving widow or widower; (b) If no widow or widower, then to …

43:13-22.58. Refund of contributions Upon the separation from service with the city of any member who is not entitled to receive any other benefits from the system, the contributions, without interest, paid into the fund by such member shall be refunded to him. Said refund of the…

43:13-22.59. Fund and contributions thereto Fund and contributions thereto. For the purpose of paying pensions pursuant to this act, a trust fund shall be and is hereby created and maintained in each city as defined in this act, as follows: (a) In the case of a member who on the …