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

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 …

43:13-22.59a. Temporary employees; previous service credit Any person required to become a member of the retirement system pursuant to section 2 of this act shall receive credit for all of his previous service in the employ of the city provided that payments are made by such pers…

43:13-22.59b Filing of detailed statement of public employment. 7. A member may file a detailed statement of public employment with a public employer in this State which was eligible for credit in a State-administered retirement system, or of military service in the Armed Forces …

43:13-22.59c Additional payment to retirement system. 11. At the time it makes its annual normal contribution to the retirement system, the employer shall pay to the retirement system an additional amount equivalent to the cost of the adjustment in retirement allowances or pensio…

43:13-22.6. Vacancy of elected member of pension commission In case of vacancy of an elected member for any cause, the commission shall, by a majority vote, appoint a person possessed of the same qualifications to fill such vacancy until the next election and at said election a s…

43:13-22.60. Exemption of fund from taxation and process All pensions granted under this act shall be exempt from any State or municipal tax, levy and sale, garnishment or attachment or any other process whatsoever, and shall be unassignable, except for the purpose and to the ext…

43:13-22.61. Existing pension fund superseded by and merged into retirement system It is the intention of this act that the retirement system herein provided for shall, on and after the effective date of this act, supersede and take the place of any pension system then existing i…

43:13-22.62. Pension commission A pension commission shall be created in every city of the first class, as defined in this act, which shall consist of the following members: (a) The mayor or other chief executive of such city; (b) The chief financial officer of such city; (c) Two…

43:13-22.63. Powers and duties of pension commission All retirements shall be made and pensions allowed under this act by the commission. The commission shall have control and management of the fund and of the retirement of the members of the system and may make all necessary rul…

43:13-22.64. Appointment of attorney, physician and actuary The commission shall appoint an attorney and shall secure the services of such physician or physicians as shall be necessary to make the medical examinations required by this act. The commission shall appoint an actuary …

43:13-22.65. Unlawful action--bar to pension If any member shall become incapacitated from or shall lose his life in the performance or commission of any unlawful act which would warrant his dismissal from the employ of the city, no pension shall be paid to such member or to his …

43:13-22.67 Loans from retirement system. 1. Any member who has at least three years of service credit for which contributions have been made as a member may borrow from the retirement system an amount equal to not more than 50% of the amount of the member's aggregate contributio…

43:13-22.68 Repayment. 2. a. Notwithstanding any other law affecting the salary or compensation of a borrowing member to the contrary, including any law restricting the amount or level of deductions from an employee's salary or compensation, the additional deductions required to …

43:13-22.69. Terms defined As used in sections 7 through 13 of this act: "Retirant" means any former employee included in the membership of the pension fund established under P.L.1964, c.275, who has retired from such employment and who has or shall have received from the fund a …

43:13-22.7. Annual meeting of commission; officers; duties; attorney; actuary The commission shall hold its annual meeting in the month of January in each year and elect its chairman and such other officers as it deems advisable. The chairman shall be chosen from among the employ…

43:13-22.70. Adjustment to monthly retirement allowance or pension The monthly retirement allowance or pension originally granted to any retirant and the pension or survivorship benefit originally granted to any beneficiary shall be adjusted in accordance with the provisions of t…

43:13-22.71. Adjustment cost to employer; appropriation to be made The employer shall bear the cost of the adjustment in the retirement allowances or pensions payable to retirants who retired from the employ of that employer and the cost of the survivorship benefits or pensions p…

43:13-22.72. Written notice of waiver Any person who is eligible to receive the increased retirement allowance, pension or survivorship benefit under the provisions of this act may, at any time, waive that right by filing a written notice of waiver with the retirement system. The…

43:13-22.73 Calculation of pension adjustment. 11. On or before October 1, 1996 and by the same date in each subsequent year, the Director of the Division of Pensions and Benefits of the Department of the Treasury shall review the index and determine the percentum of change in th…

43:13-22.74. Termination of increases if blanket increase in benefits adopted If legislation is adopted providing for a blanket increase in the original retirement allowances, pensions or survivorship benefits or for minimum allowances, pensions or benefits to any group of retira…

43:13-22.75. Rules, regulations The Director of the Division of Pensions of the Department of the Treasury shall promulgate such rules and regulations, not inconsistent with the provisions of the "Pension Adjustment Act," P.L.1969, c.169 (C.43:3B-1 et seq.) and this act, as the d…

43:13-22.8. Employees The first secretary and treasurer appointed shall be bona fide civil service employees and members of 1 of the 3 funds consolidated by the provisions of this act. Their successors and any other employee necessary to carry out the provisions of this act shall…

43:13-22.9. Control and management of funds; rules and regulations; information The commission shall have control and management of the funds and of the retirement of employees who are members of the fund. The commission shall, from time to time, subject to the limitations of thi…

43:13-23. Definitions As used in this article, "a year of service" shall consist of such part of the calendar year as the life guard force is normally employed and the "year's salary" means the salary a life guard receives during the time of his normal employment in any calendar …

43:13-24. Retirement for service and age. 43:13-24. Except as provided pursuant to section 7 of P.L.2025, c.396 (C.43:13-29.1), in all cities of the fourth class, any member of the lifeguard force, whether employed as an officer or a guard, who has or shall have served on such fo…

43:13-25. Retirement for disability. 43:13-25. Except as provided pursuant to section 7 of P.L.2025, c.396 (C.43:13-29.1), an officer or member of the lifeguard force who shall have received permanent disability in the performance of his duty shall, upon the certificate of the be…

43:13-26. Widow's, children's or dependent's pension. 43:13-26. Except as provided pursuant to section 7 of P.L.2025, c.396 (C.43:13-29.1), the widow of a lifeguard, officer, or member of the lifeguard force who loses his life in the performance of his duty, dies from natural cau…

43:13-27. Pension fund. 43:13-27. For the purpose of paying the pensions hereunder, except as provided pursuant to section 7 of P.L.2025, c.396 (C.43:13-29.1), a fund shall be created as follows: a. There shall be deducted from every payment of salary to each member of the lifegu…

43:13-28. Pension commission. 43:13-28. Except as provided pursuant to section 7 of P.L.2025, c.396 (C.43:13-29.1), the mayor or chief executive officer shall appoint, with the advice and consent of the governing body of the city, a lifeguard pension commission of four members. O…

43:13-29. Management and control of fund; treasurer; investments; payments. 43:13-29. The lifeguard pension commission shall have the management and control of the fund and may make all necessary rules and regulations not inconsistent with this article and section 7 of P.L.2025, …

43:13-29.1 Closure of existing lifeguard pension plans to new entrants; cities not required to establish life guard pension plans. 7. a. On or after the effective date of this act, P.L.2025, c.396 (C.43:13-29.1 et al.), the governing body of a city of the fourth class that has es…

43:13-3. Retirement for service and age Subject to the provisions of section 43:13-21 of this title, any municipal employee who shall have served in the employ of a city of the first class continuously or in the aggregate for a period of twenty years, and who shall have attained …