SENATE, No. 1174
STATE OF NEW JERSEY
INTRODUCED MAY 30, 1996
By Senator BASSANO
An Act concerning pensions payable to certain ex-spouses under the Police and Firemen's Retirement System and amending P.L.1944, c.255
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1944, c.255 (C.43:16A-1) is amended to read as follows:
1. As used in this act:
(1) "Retirement system" or "system" shall mean the Police and Firemen's Retirement System of New Jersey as defined in section 2 of this act.
(2) (a) "Policeman" shall mean a permanent, full-time employee of a law enforcement unit as defined in section 2 of P.L.1961, c.56 (C.52:17B-67) or the State, other than an officer or trooper of the Division of State Police whose position is covered by the State Police Retirement System, whose primary duties include the investigation, apprehension or detention of persons suspected or convicted of violating the criminal laws of the State and who:
(i) is authorized to carry a firearm while engaged in the actual performance of his official duties;
(ii) has police powers;
(iii) is required to complete successfully the training requirements prescribed by P.L.1961, c.56 (C.52:17B-66 et seq.) or comparable training requirements as determined by the board of trustees; and
(iv) is subject to the physical and mental fitness requirements applicable to the position of municipal police officer established by an agency authorized to establish these requirements on a Statewide basis, or comparable physical and mental fitness requirements as determined by the board of trustees.
The term shall also include an administrative or supervisory employee of a law enforcement unit or the State whose duties include general or direct supervision of employees engaged in investigation, apprehension or detention activities or training responsibility for these employees and a requirement for engagement in investigation, apprehension or detention activities if necessary, and who is authorized to carry a firearm while in the actual performance of his official duties and has police powers.
(b) "Fireman" shall mean a permanent, full-time employee of a firefighting unit whose primary duties include the control and extinguishment of fires and who is subject to the training and physical and mental fitness requirements applicable to the position of municipal firefighter established by an agency authorized to establish these requirements on a Statewide basis, or comparable training and physical and mental fitness requirements as determined by the board of trustees. The term shall also include an administrative or supervisory employee of a firefighting unit whose duties include general or direct supervision of employees engaged in fire control and extinguishment activities or training responsibility for these employees and a requirement for engagement in fire control and extinguishment activities if necessary. As used in this paragraph, "firefighting unit" shall mean a municipal fire department, a fire district, or an agency of a county or the State which is responsible for control and extinguishment of fires.
(3) "Member" shall mean any policeman or fireman included in the membership of the retirement system pursuant to this amendatory and supplementary act, P.L.1989, c.204 (C.43:16A-15.6 et al.).
(4) "Board of trustees" or "board" shall mean the board provided for in section 13 of this act.
(5) "Medical board" shall mean the board of physicians provided for in section 13 of this act.
(6) "Employer" shall mean the State of New Jersey, the county, municipality or political subdivision thereof which pays the particular policeman or fireman.
(7) "Service" shall mean service as a policeman or fireman paid for by an employer.
(8) "Creditable service" shall mean service rendered for which credit is allowed as provided under section 4 of this act.
(9) "Regular interest" shall mean interest as determined by the State Treasurer, after consultation with the Directors of the Divisions of Investment and Pensions, the board of trustees and the actuary. It shall bear a reasonable relationship to the percentage rate of earnings on investments based on the market value of assets but shall not exceed the assumed percentage rate of increase applied to salaries plus 3%, provided however that the board of trustees shall not set the average percentage rate of increase applied to salaries below 6%.
(10) "Aggregate contributions" shall mean the sum of all the amounts, deducted from the compensation of a member or contributed by him or on his behalf, standing to the credit of his individual account in the annuity savings fund.
(11) "Annuity" shall mean payments for life derived from the aggregate contributions of a member.
(12) "Pension" shall mean payments for life derived from contributions by the employer.
(13) "Retirement allowance" shall mean the pension plus the annuity.
(14) "Earnable compensation" shall mean the full rate of the salary that would be payable to an employee if he worked the full normal working time for his position. In cases where salary includes maintenance, the retirement system shall fix the value of that part of the salary not paid in money which shall be considered under this act.
(15) "Average final compensation" shall mean the average annual salary upon which contributions are made for the three years of creditable service immediately preceding his retirement or death, or it shall mean the average annual salary for which contributions are made during any three fiscal years of his or her membership providing the largest possible benefit to the member or his beneficiary.
(16) "Retirement" shall mean the termination of the member's active service with a retirement allowance granted and paid under the provisions of this act.
(17) "Annuity reserve" shall mean the present value of all payments to be made on account of any annuity or benefit in lieu of any annuity computed upon the basis of such mortality tables recommended by the actuary as shall be adopted by the board of trustees, and regular interest.
(18) "Pension reserve" shall mean the present value of all payments to be made on account of any pension or benefit in lieu of any pension computed upon the basis of such mortality tables recommended by the actuary as shall be adopted by the board of trustees, and regular interest.
(19) "Actuarial equivalent" shall mean a benefit of equal value when computed upon the basis of such mortality tables recommended by the actuary as shall be adopted by the board of trustees, and regular interest.
(20) "Beneficiary" shall mean any person receiving a retirement allowance or other benefit as provided by this act.
(21) "Child" shall mean a deceased member's or retirant's unmarried child (a) under the age of 18, or (b) 18 years of age or older and enrolled in a secondary school, or (c) under the age of 24 and enrolled in a degree program in an institution of higher education for at least 12 credit hours in each semester, provided that the member died in active service as a result of an accident met in the actual performance of duty at some definite time and place, and the death was not the result of the member's willful misconduct, or (d) of any age who, at the time of the member's or retirant's death, is disabled because of mental retardation or physical incapacity, is unable to do any substantial, gainful work because of the impairment and his impairment has lasted or can be expected to last for a continuous period of not less than 12 months, as affirmed by the medical board.
(22) "Parent" shall mean the parent of a member who was receiving at least one-half of his support from the member in the 12-month period immediately preceding the member's death or the accident which was the direct cause of the member's death. The dependency of such a parent will be considered terminated by marriage of the parent subsequent to the death of the member.
(23) "Widower" shall mean the man to whom a member or retirant was married at least two years before the date of her death and to whom she continued to be married until the date of her death and who was receiving at least one-half of his support from the member or retirant in the 12-month period immediately preceding the member's or retirant's death or the accident which was the direct cause of the member's death. The dependency of such a widower will be considered terminated by marriage of the widower subsequent to the death of the member or retirant. In the event of the payment of an accidental death benefit, the two-year qualification shall be waived.
(24) "Widow" shall mean the woman to whom a member or retirant was married at least two years before the date of his death and to whom he continued to be married until the date of his death and who has not remarried, except that if a retirant was married to a woman for at least 25 years and the marriage ended in divorce subsequent to retirement, that woman, if not remarried, shall be deemed the retirant's widow and shall be entitled to the pension payable to a widow pursuant to section 26 of P.L.1967, c.250 (C.43:16A-12.1) and other survivor benefits. In the event of the payment of an accidental death benefit, the two-year qualification shall be waived.
(25) "Fiscal year" shall mean any year commencing with July 1, and ending with June 30, next following.
(26) "Compensation" shall mean the base salary, for services as a member as defined in this act, which is in accordance with established salary policies of the member's employer for all employees in the same position but shall not include individual salary adjustments which are granted primarily in anticipation of the member's retirement or additional remuneration for performing temporary duties beyond the regular workday.
(27) "Department" shall mean any police or fire department of a municipality or a fire department of a fire district located in a township or a county police or park police department or the appropriate department of the State or instrumentality thereof.
(28) "Final compensation" means the compensation received by the member in the last 12 months of creditable service preceding his retirement.
(29) (Deleted by amendment, P.L.1992, c.78).
(30) (Deleted by amendment, P.L.1992, c.78).
(cf: P.L.1992, c.125, s.13)
2. (New section) Notwithstanding the provisions of subsection 24 of section 1 of P.L.1944, c.255 (C.43:16A-1) as amended by this act, P.L. , c. (C. ) (now pending before the Legislature as this bill), any widow receiving a pension pursuant to section 26 of P.L.1967, c.250 (C.43:16A-12.1) prior to the enactment date of this act who would be ineligible to continue to receive the pension after the effective date of, and as a result of, this act shall continue to receive the pension.
3. This act shall take effect immediately and shall be retroactive to October 1, 1993.
STATEMENT
Under current law, to qualify for a Police and Firemen's Retirement System (PFRS) widows' pension, a woman must be married to a retirant for at least two years before the date of his death. This requirement has harmed divorced women who, while married to a member or retirant for many years, were not entitled to a pension upon the retirant's death. This bill seeks to remedy that injustice by providing that if a retirant was married to a woman for at least 25 years and the marriage ended in divorce subsequent to retirement, that woman, if not remarried, shall be deemed the retirant's widow and shall be entitled to a widows' pension and other survivor benefits. Existing law provides that upon the death of a PFRS retirant, there shall be paid to the widow a pension of 50% of average final compensation to continue during her widowhood.
This bill shall take effect immediately and is retroactive to October 1, 1993. Any widow receiving a pension prior to the enactment date of this act who would be ineligible to continue to receive the pension after the effective date of, and as a result of, this act shall continue to receive the pension.
Provides for certain ex-spouses to receive a widows' pension.