New Jersey Administrative Code
Title 17 - TREASURY - GENERAL
Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Subchapter 8 - PROSECUTORS PART
Section 17:2-8.1 - Definitions

Universal Citation: NJ Admin Code 17:2-8.1

Current through Register Vol. 55, No. 48, December 18, 2023

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Annual salary" means the compensation received by a member of the Prosecutors Part in the last 12 months of creditable service preceding retirement or death.

"Average annual compensation" means the annual salary as defined above.

"Combined service" means service credit in both the regular PERS and in the Prosecutors Part."

"PERS" means the Public Employees Retirement System.

"Prosecutor" is defined as follows:

1. A county prosecutor, first assistant prosecutor, or assistant prosecutor as defined at N.J.S.A. 2A:158-1 et seq.;

2. The Director of the Division of Criminal Justice in the Department of Law and Public Safety; and any assistant director, deputy director, assistant attorney general, or deputy attorney general employed by that Department and assigned to that Division between January 7, 2002 and May 20, 2010; and again after September 24, 2021; and

3. A criminal investigator (as defined at N.J.S.A. 52:17B-100.1) in the Division of Criminal Justice who was ineligible for enrollment in the Police and Firemen's Retirement System between January 7, 2002 and May 20, 2010; and again after September 24, 2021.

"Regular Public Employees' Retirement System service" means all service credited as a public employee not meeting the definition of "service" as defined below.

"Service" as a prosecutor as defined at N.J.S.A. 43:15A-155 shall include the following:

(a) For members employed as prosecutors on January 7, 2002, service shall include any PERS service credited to a member's account on January 7, 2002, pursuant to P.L. 2003, c. 140.

(b) For members employed as prosecutors on September 24, 2021, service shall include any PERS service credited to a member's account as of September 24, 2021, pursuant to P.L. 2021, c. 226.

"Special retirement" as defined in 43:15A-159 means a retirement election by a prosecutor who has established at least 25 years of creditable service in the Prosecutors Part regardless of age, for which the pension, when added to the prosecutor's annuity, will provide a total retirement allowance of 65 percent of final compensation, plus one percent of final compensation multiplied by the number of years of creditable service over 25 but not over 30.

Amended by 50 N.J.R. 646(a), effective 1/16/2018

Amended by 55 N.J.R. 749(a), effective 4/17/2023

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