Current through Register Vol. 56, No. 21, November 4, 2024
Section 17:10-5.4 - Deferred retirement(a) No beneficiary shall be eligible for a benefit if the member who elected to receive a deferred pension shall die before attaining age 60.(b) Notwithstanding the language at N.J.A.C. 17:10-5.11 and (a) above, a member of the JRS is permitted to resign as a judge and apply for, but defer, retirement in order to serve as a county prosecutor upon appointment by the Governor or as the Administrative Director of the Courts upon appointment by the Chief Justice of the Supreme Court. To be eligible, the member must be at least 65 years of age, have the necessary judicial service credit for a full judicial retirement, and serve for 20 years as a judge for any court in New Jersey. The retirement would become effective after service as a county prosecutor or as the Administrative Director of the Courts ends. In addition, the health care benefits under the State Health Benefits Program that the person would be entitled to upon retirement as a State employee would also be deferred until after service as a county prosecutor or as the Administrative Director of the Courts ends and the retirement becomes effective. In accordance with N.J.S.A. 43:6A-11.1, if such member attains the age of 70 years while serving as a county prosecutor or as the Administrative Director of the Courts and has an approved application for retirement, the effective date of which has been deferred, the member shall be permitted to continue to serve in the position, and the compulsory retirement for the member shall be deferred to the first day of the month following the termination of the member's service in the position of county prosecutor or as the Administrative Director of the Courts. A member of the JRS who files for deferred retirement pursuant to this section shall not be eligible to participate in the Defined Contribution Retirement System, enroll in any other State-administered retirement system, or receive any other payments from the county or State deemed to be payments from retirement accounts, funds, or pensions not including annuities.N.J. Admin. Code § 17:10-5.4
As amended, R.1980 d.97, eff. 2/28/1980.
See: 11 New Jersey Register 648(c), 12 New Jersey Register 224(a).Amended by 53 N.J.R. 1016(a), effective 6/7/2021Amended by 55 N.J.R. 2202(a), effective 10/16/2023