New Jersey Administrative Code
Title 17 - TREASURY - GENERAL
Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Subchapter 8 - PROSECUTORS PART
Section 17:2-8.8 - Vesting

(a) A prosecutor with service in both the Prosecutors Part and the regular PERS may use the combined noncurrent service in order to meet the 10-year vesting requirement found at 43:15A-38 for a member of the PERS.

(b) If the prosecutor begins receipt of a Prosecutors Part retirement benefit prior to the date of eligibility to receive a PERS retirement benefit, the Prosecutors Part service credit shall be subtracted from the member's active account and any credited regular PERS service would remain. A retired member of the Prosecutors Part who does not have 10 or more years of credited regular PERS service remaining in the active account after the Prosecutors Part service is subtracted, and whose regular PERS account will not be active pursuant to N.J.S.A. 43:15A-7.e when the member attains the age of 60, for members enrolled before November 2, 2008; the age of 62 for those members who enroll between November 2, 2008 and May 21, 2011; or the age of 65 for members who enroll after May 21, 2011, cannot collect a benefit based on that service. An application for return of contributions made on the basis of such other public service, if no part of the service was used in the calculation of a retirement allowance or to qualify for payment of health benefits, may be approved.