SENATE, No. 2320

 

STATE OF NEW JERSEY

 

INTRODUCED DECEMBER 11, 1997

 

 

By Senator SCHLUTER

 

 

An Act providing for payment by the Police and Firemen's Retirement System of New Jersey of a survivor's pension in certain cases.

 

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

 

    1. If a member of the Police and Firemen's Retirement System was employed by a township having a population of at least 45,000 and not greater than 50,000, according to the federal decennial census most recently preceding the effective date of this act, that is located in a county of the first class having a population of at least 700,000 and not greater than 800,000 according to that census, retired in 1971 with at least 16 years of creditable service on a disability retirement allowance, was legally separated from the member's first spouse for a period of at least 25 years prior to divorce from that spouse, and married the person to whom the member died espoused within 15 months of the date of that divorce, then notwithstanding the provisions to the contrary of P.L.1944, c.255 (C.43:16A-1 et seq.) or any other law concerning the minimum period of time that a surviving spouse is required to have been married to a member of the retirement system prior to the member's death in order to qualify for a benefit under the retirement system, upon application by the surviving spouse of the member to the board of trustees of the retirement system on or before the 180th day following the effective date of this act, the board of trustees is authorized and directed to pay to that surviving spouse the pension prescribed under subsection a. of section 26 of P.L.1967, c.250 (C.43:16A-12.1), beginning on the first day of the second calendar month following receipt of the application by the board and for so long as the surviving spouse continues to be qualified therefor, together with any adjustments to that retirement allowance, computed from the first day of that second calendar month, for which the surviving spouse would be eligible under that computation pursuant to the provisions of the "Pension Adjustment Act", P.L.1958, c.143 (C.43:3B-1 et seq.).

 

    2. This act shall take effect immediately.


STATEMENT

 

    This bill provides that, if a member of the Police and Firemen's Retirement System (PFRS) was employed by a township having a population of at least 45,000 and not greater than 50,000, according to the federal decennial census most recently preceding the effective date of the legislation, that is located in a county of the first class having a population of at least 700,000 and not greater than 800,000 according to that census, retired in 1971 with at least 16 years of creditable service on a disability retirement allowance, was legally separated from the member's first spouse for a period of at least 25 years prior to divorce from that spouse, and married the person to whom the member died espoused within 15 months of the date of that divorce, then notwithstanding the provisions to the contrary of the statute governing the PFRS or any other law concerning the minimum period of time that a surviving spouse is required to have been married to a member of the retirement system prior to the member's death in order to qualify for a benefit under PFRS, upon application by the surviving spouse of the member to the PFRS board of trustees within 180 days following the effective date of the legislation, the board of trustees is authorized and directed to pay to that surviving spouse the pension prescribed under subsection a. of section 26 of P.L.1967, c.250 (C.43:16A-12.1), beginning on the first day of the second calendar month following receipt of the application by the board and for so long as the surviving spouse continues to be qualified therefor, together with any adjustments to that retirement allowance, computed from the first day of that second calendar month, for which the surviving spouse would be eligible under that computation pursuant to the provisions of the "Pension Adjustment Act", P.L.1958, c.143 (C.43:3B-1 et seq.).

 

 

                             

 

Provides for payment of PFRS widow's pension in certain cases.