CHAPTER 137

An Act concerning the age of retirement for certain members of the Police and Firemen's Retirement System of New Jersey.

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

    1. Notwithstanding the provisions of section 5 of P.L.1944, c.255 (C.43:16A-5) to the contrary:

    a. any member of the Police and Firemen's Retirement System of New Jersey who shall not have established 25 years of creditable service on the effective date of this act shall be permitted to continue such membership after attainment of age 65 years until the first day of the calendar month immediately following the calendar month in which the member establishes 25 years of creditable service, or until the first day of the calendar month after five years shall have elapsed following the member's attainment of age 65 years, or until January 1, 1998, whichever is earliest, upon which first day or date, as the case may be, the member shall be retired; and

    b. in the case of policemen, an employer other than the State may authorize each policeman member in service with that employer at the time of the reinstatement of the mandatory retirement age of 65 years pursuant to section 4(j) of the Age Discrimination in Employment Act of 1967, 29 U.S.C.s.623(j), reenacted and amended by the Age Discrimination in Employment Amendments of 1996, Pub.L.104-208, who has established at least 25 years of creditable service on or before the effective date of this act and who attains or shall have attained the age of 65 years on or before December 31, 1997 to continue employment with the employer and enrollment in the retirement system until January 1, 1998, whereupon the member shall be retired. Such authorization shall become effective upon adoption by the governing body of the employer of an appropriate ordinance or resolution, as the case may be, and the filing of a certified copy of that ordinance or resolution with the board of trustees of the retirement system, and upon such filing, the ordinance or resolution shall be irrevocable.

    2. Notwithstanding the provisions of N.J.S.11A:4-4 through 11A:4-6 or any other law, rule or regulation to the contrary, no eligible list established under Title 11A of the New Jersey Statutes in a political subdivision whereof the governing body shall have adopted an ordinance or resolution under subsection b. of section 1 of this act to fill a vacancy or vacancies in a position or positions as a policeman covered by the Police and Firemen's Retirement System that is in effect on the effective date of this act or becomes effective after that date and on or before December 31, 1997 shall expire or be cancelled or otherwise terminated before February 1, 1998.

    3. This act shall take effect immediately and shall expire February 1, 1998.

    Approved June 27, 1997.