N.J. Admin. Code § 17:2-8.14

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

Section 17:2-8.14 - Retirement date for prosecutors having both regular and Prosecutors Part PERS service

(a) If a prosecutor is a member of the PERS on the basis of other public service, no application for retirement shall be approved until the prosecutor has terminated all service covered by the System.

(b) A prosecutor who has both regular and Prosecutors Part PERS service may, after filing the necessary application, begin receipt of the Prosecutors Part benefit at age 55, or at any age with 20 or more years of service if the member was employed as a prosecutor as of September 24, 2021. The member may begin receipt of the remaining regular PERS benefit at age 60 if enrolled in the regular PERS before November 2, 2008; at age 62 for those members who enroll between November 2, 2008 and May 21, 2010; or at age 65 for those members who enroll after May 21, 2010, based on the member's final average salary in the regular PERS covered position in accordance with the PERS retirement rules, so long as the member is vested in the regular PERS account, or the regular PERS account is still active pursuant to N.J.S.A. 43:15A-7(e). The maximum amount of the PERS benefit shall be determined as of the effective date of retirement from the Prosecutors Part. Should a retired member of the Prosecutors Part return to employment prior to receipt of the regular PERS retirement benefit, that PERS benefit shall not increase and the provisions of N.J.A.C. 17:2-8.16 shall apply. If the member has 25 years or more of regular PERS service, the member may begin receipt of the regular PERS benefit at any age after filing the necessary application.

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

Amended by 55 N.J.R. 749(a), effective 4/17/2023