N.J. Admin. Code § 17:2-8.13

Current through Register Vol. 56, No. 21, November 4, 2024

Section 17:2-8.13 - Eligibility for disability and accidental death retirement benefit

(a) A prosecutor who has a total of 10 years of non-concurrent New Jersey service in the Prosecutors Part, regular PERS, or a combination thereof, may be eligible for an ordinary disability retirement benefit as provided by N.J.S.A. 43:15A-42. The benefit shall be the same as that provided by N.J.S.A. 43:15A-45.

(b) A prosecutor who is permanently and totally disabled as a direct result of a traumatic event occurring during and as a result of the performance of the prosecutor's regular or assigned duties may be eligible for an accidental disability retirement benefit as provided by N.J.S.A. 43:15A-43. The benefit shall be the same as that provided by N.J.S.A. 43:15A-46.

(c) Should a prosecutor die in active service as a result of an accident met in the actual performance of duty and not as the result of willful negligence, an accidental death benefit may be payable subject to the provisions of 43:15A-49.

(d) A prosecutor who is awarded a disability retirement benefit as stated in (a) and (b) above, cannot receive an additional Prosecutors Part retirement benefit or death benefit as defined in N.J.S.A. 43:15A-158, 159, and 160 or any additional PERS benefit. There will be no refund of Prosecutors Part employee contributions if a PERS disability retirement benefit is elected; nor will there be a refund of the difference in employee contribution rates between the Prosecutors Part and regular PERS service.

N.J. Admin. Code § 17:2-8.13

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