An Act concerning the mandatory retirement age of police chiefs and amending P.L.2022, c.9.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2022, c.9 (C.43:16A-5.3) is amended to read as follows:
1. a. A member of the Police and Firemen's Retirement System, established pursuant to P.L.1944, c.255 (C.43:16A-1 et seq.), who:
(1) is serving as a police chief of a law enforcement agency or a chief of a fire department on the effective date of P.L.2022, c.9; or
(2) was serving as a deputy police chief of a law enforcement agency on the effective date of P.L.2022, c.9 and was promoted to police chief of a law enforcement agency during the period commencing on the effective date of P.L.2022, c.9 and ending on the last day of the 12th calendar month following that effective date; and
will attain the age of 65 years during the period commencing on the effective date of P.L.2022, c.9 and ending on the last day of the 60th calendar month following that effective date,
may remain a member of the system, notwithstanding the mandatory retirement provision of section 5 of P.L.1944, c.255 (C.43:16A-5), until the end of the calendar year in which the member attains the age of 67 years if the appointing authority approves, in writing, the retention and continued service after the age of 65 years of the police or fire chief as the chief.
b. Within 30 days after the last day of the 60th calendar month following the effective date of P.L.2022, c.9, the Board of Trustees of the Police and Firemen's Retirement System shall submit a report to the Governor, and the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on the effect of this section on the retirement system. The report shall include the number of members who were retained and continued to serve as the police or fire chief, the length of that service after the age of 65 years, and the impact of that extended service on the retirement system.
(cf: P.L.2025, c.21, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill expands the provisions of P.L.2022, c.9 under certain circumstances.
Under current law, a member of the Police and Firemen’s Retirement System (PFRS) is required to retire upon reaching age 65. However, a member of the PFRS who is serving as a police chief of a law enforcement agency or a chief of a fire department on the effective date of P.L.2022, c.9 (April 12, 2022) and will attain the age of 65 years within the period commencing on that effective date and ending on the last day of the 60th calendar month following that effective date (in the year 2027), may remain a member of the system, notwithstanding the mandatory retirement age, until the end of the calendar year in which the member attains the age of 67 years if the appointing authority approves, in writing, the retention and continued service after the age of 65 years of the police or fire chief as the chief. Additionally, members of the PFRS hired prior to January 1, 1987 may remain a member of the system until the member attains 68 years of age or 25 years of creditable service, whichever comes first.
This bill amends current law to expand the provisions of P.L.2022, c.9 to members of the PFRS who were serving as a deputy police chief of a law enforcement agency on the effective date of P.L.2022, c.9 and promoted to serve as a police chief of a law enforcement agency within the period commencing on that effective date and ending on the last day of the 12th calendar month following that effective date (April 30, 2023).
Expands provisions of P.L.2022, c.9 under certain circumstances.