N.J. Admin. Code § 17:4-2.5

Current through Register Vol. 56, No. 9, May 6, 2024

Section 17:4-2.5 - Age requirements

(a) Applicants must be appointed to an eligible title on or prior to their 35th birthday.

(b) The age of candidates for positions covered by the PFRS with employers who have adopted the provisions of Title 11A of the New Jersey Statutes (Civil Service) is determined at the announced closing date of the examination offered by the Civil Service Commission for those positions. Candidates must not be one day past the date of their 35th birthday on the announced closing date of the examination. Those candidates meeting the age requirements at that time will be considered as having met the age maximum requirement for the duration of the list promulgated as a result of such examination.

(c)38:23A-1 et seq. is recognized as a modification of the age maximum for certain "veterans." Persons having served in the active military service of the United States during "time of war" and conflict as defined in 43:16A-11.7 can for the purpose of meeting the maximum age requirement for entrance into this retirement system reduce their actual age by the stipulated period of such military service. Should this reduced age meet the age maximum in effect, the applicant will be considered as having met the age maximum for enrollment.

(d) The period of time to be deducted from an individual's age is limited to actual time served during the war or conflict. Earlier or later periods of military service cannot be used to reduce individuals' ages so as to enable them to meet any maximum age limits.

(e) Any active military service terminating in dishonorable discharge is not creditable.

(f) An applicant is permitted to reduce their actual age in order to meet the maximum age requirement of 35 years for the position of municipal police officer if, in accordance with 40A:14-127.1, they have previous service as a former State trooper, sheriff's officer or deputy, or county or municipal police officer. Prior experience in Federal law enforcement agencies or in law enforcement agencies of other states that would meet the requirements of police officer in New Jersey would also qualify for the purpose of reducing the candidate's age for the position of a municipal police officer. "Age reductions" may also be granted for persons seeking employment as municipal police officers who have prior service with the Delaware River Port Authority Police, Amtrak or South Eastern Pennsylvania Transportation Authority (SEPTA) police departments. No person may be appointed over the age of 45 except for those who were previously involuntarily terminated from their former law enforcement officer employment.

(g) Individuals seeking employment with a municipality in an eligible PFRS title who are over age 35 on the closing date of the examination with a Civil Service employer or over age 35 on the date of hire with a non-Civil Service employer, even after "reductions in age" have been taken into account, cannot establish membership in any State-administered retirement system. Since enrollment in the PFRS is a condition of employment (43:16A-3(1) ), these individuals cannot be hired.

(h) Municipal statutes provide that in some situations volunteer and exempt firefighters in municipalities may be appointed to full-time firefighter positions if they are not over 40 years of age at the time of their appointments. This proper appointment of someone who is past their 35th birthday to a municipal fire department does not negate the eligibility requirement that someone not be past their 35th birthday to be enrolled in the PFRS. Therefore, any appointees under this provision are required to enroll in the PERS.

N.J. Admin. Code § 17:4-2.5

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< < Amended by R.2000 d.292, effective 7/17/2000.
See: 32 N.J.R. 1320(a) , 32 N.J.R. 2599(a) .
Rewrote (c) and (d); and recodified former (d)3 as (e).
Amended by R.2003 d.204, effective 5/19/2003.
See: 35 N.J.R. 508(a) , 35 N.J.R. 2186(a) .
Rewrote (b).
Amended by R.2006 d.130, effective 4/3/2006.
See: 37 N.J.R. 4521(a) , 38 N.J.R. 1578(a) .
Added (f)-(h).
Amended by R.2011 d.235, effective 9/6/2011.
See: 43 N.J.R. 1177(a) , 43 N.J.R. 2364(b) .
In (b), substituted "PFRS" for "Police and Firemen's Retirement System" and "Civil Service Commission" for "Department of Personnel", and deleted "( N.J.S.A. 43:16A-3(1) )" from the end; and in (h), substituted "firefighters" for "fire fighters", "firefighter" for "fire fighters" and "PERS" for "Public Employees' Retirement System".