A1194

An Act concerning requirements for appointment as a police officer or paid firefighter, amending various parts of Title 40A of the New Jersey Statutes and P.L.1944, c.255 and repealing various sections of the statutory law.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. N.J.S.40A:14-12 is amended to read as follows:

40A:14-12. Except as otherwise herein provided, no person shall be appointed as a member or officer of the paid fire department or force or as a paid member or officer of a part-paid fire department or force in any municipality, who is under 21 [or over 35] years of age.

[In any municipality wherein Title 11 (Civil Service) of the Revised Statutes is operative, any person who shall have met the age requirements herein, at the announced closing date of a civil service examination for the position, shall be considered within the age requirements while the civil service list promulgated as a result of that examination is in effect.

Nothing herein contained shall affect the employment or continuance in office of any person, as a permanent fireman, employed by said municipality prior to the adoption of the ordinance creating and establishing a paid or part-paid fire department or force.

The provisions of this section are subject to chapter 98 of the laws of 1944 (C.38:23A-2), relating to maximum age limits for persons serving in the armed forces of the United States as therein provided.]

(cf: N.J.S.40A:14-12)

2. N.J.S.40A:14-43 is amended to read as follows:

40A:14-43. In any municipality where there is a volunteer fire company or force, maintained and controlled by the municipality, and the governing body of the municipality, by ordinance, shall provide for the establishment of a paid fire department, the appointments thereto shall be made from the members of the volunteer fire company or force who shall have served as active firemen for at least 2 years next preceding said appointment or from among the exempt firemen of the company or force. If no such member or exempt fireman is available for such appointment, any qualified person may be appointed thereto. Said appointees shall not be under 21 [or over 40] years of age at the time of the
appointment.

(cf: P.L.1971, c.197, s.1)

3. N.J.S.40A:14-44 is amended to read as follows:

40A:14-44. In any municipality where there is a volunteer fire company or force, maintained and controlled by the municipality and a part-paid fire department composed of both paid and volunteer firemen, any appointment to such part-paid fire department shall be made from the members of the volunteer fire company or force, who shall have served as active firemen for at least 2 years next preceding such appointment or from among the exempt firemen of the company or force. If no such member or exempt fireman is available for such appointment, any qualified person may be appointed thereto. Said appointees shall not be under 21 [or over 40] years of age at the time of the appointment.

(cf: P.L.1971, c.197, s.1)

4. N.J.S.40A:14-45 is amended to read as follows:

40A:14-45. In any municipality where an examination is scheduled to determine appointments to the paid or part-paid fire department and force, any qualified fireman having served in the volunteer fire company or force of the municipality for at least 2 years next preceding such appointment shall be entitled, in addition to his earned rating, to service credits of not less than 3 nor more than 10 points as may be determined by the governing body of the municipality or the authority in charge. Said appointee shall be over 21 [but not more than 40] years of age at the time of the appointment.

Nothing herein contained shall establish a preference over a paid fireman temporarily dismissed or on leave of absence for reasons of economy, or the appointment of a paid fireman to a superior position at the time of promotion in said fire department or force.

(cf: P.L.1971, c.197, s.1)

5. N.J.S.40A:14-127 is amended to read as follows:

40:14-127. Except as otherwise herein provided, no person shall be appointed as a member or officer of the police department or force in any municipality who is under 21 [or over 35] years of age.

[In any municipality wherein Title 11 (Civil Service) of the Revised Statutes is operative, any person who shall have met the age requirements herein at the announced closing date of a civil service examination for the position, shall be considered within the age requirements while the civil service list promulgated as a result of that examination is in effect.

Nothing herein contained shall affect the employment or continuance in office of any person as a permanent policeman, employed by said municipality prior to the adoption of the ordinance, creating and establishing a paid police department or force.

The provisions of this section are subject to chapter 98 of the laws of 1944 (C.38:23A-2) relating to maximum age limits for persons serving in the armed forces of the United States as therein provided.]

(cf: N.J.S.40A:14-127)

6. Section 3 of P.L.1944, c.255 (C.43:16A-3) is amended to read as follows:

3. (1) After the date of the establishment of this retirement system, any person becoming a full-time policeman or fireman in a county or municipality or fire district located in a township where, prior to the date this act takes effect, a pension under chapter 16 of Title 43 or article 4 of chapter 10 of Title 43 of the Revised Statutes for policemen or firemen has been established, shall become a member of this retirement system as a condition of his employment; he will be enrolled provided, that [his age at becoming such full-time policeman or fireman is not over 35 years or if] such person shall have met the requirements at the announced closing date of a civil service examination for such position and was appointed during the existence of the civil service list promulgated as a result of such examination; and further provided, that he shall furnish such evidence of good health at the time of becoming a member as the retirement system shall require.

(2) After the date upon which this act becomes effective in any county, municipality or political subdivision thereof, pursuant to a referendum as hereinafter provided (a) any person becoming a full-time policeman or fireman in any such county, municipality or political subdivision shall become a member of this retirement system as a condition of his employment; he will be enrolled provided [,] that [his age at becoming such full-time policeman or fireman is not over 35 years; and provided further, that] he shall furnish such evidence of good health at the time of becoming a member as the retirement system shall require; and (b) any person in service as a full-time policeman or fireman in any such county, municipality or political subdivision on the date this act becomes effective therein who, within the time and in the manner permitted by this act, elects to become a member of this retirement system, shall become such member.

(3) Should any member withdraw his aggregate contributions, or become a beneficiary or die, or if more than 2 years have elapsed from the date of his last contributions to the system, he shall thereupon cease to be a member.

(4) Should any member resign or be dismissed from the police or fire service of the employing agency and not make application for the return of his aggregate contributions, the retirement system shall upon receiving conclusive advice of such separation, terminate the membership. The employees' contributions from memberships so terminated shall be held by the retirement system and returned to the employee without interest when application for such return is made.

(5) If a member of the retirement system has been discontinued from service through no fault of his own or through leave of absence granted by his employer or permitted by any law of this State and he has not withdrawn his accumulated deductions, his membership may continue, notwithstanding any provisions of this article if such member returns to service within a period of 5 years from the date of his discontinuance from service.

(cf: P.L.1980, c.129, s.1)

7. Sections 1 through 3 of P.L.1979, c.461 (C.40A:14-127.1 through 40A:14-127.3) and section 2 of P.L.1983, c.439 (C.43:16A-3.6) are repealed.

8. This act shall take effect immediately.

STATEMENT

Under current law, no person over the age of 35 can be appointed as a police officer or a paid firefighter in this State. This bill eliminates this maximum age requirement.

Physical fitness, not an arbitrary age limit, should be the real qualification for these public safety occupations. A person who is physically fit to perform the duties of a police officer or paid firefighter, regardless of age, should have the opportunity to become a police officer or paid firefighter. A person who is not physically fit to perform those duties, regardless of age, should not. An arbitrary maximum age limit does not make our cities and towns safer, but it does discriminate against qualified, physically fit candidates for appointment as police officers and paid firefighters who happen to be above the age of 35.

The bill repeals several statutes that pertain to the maximum age limit eliminated by this bill.