is serving as a police chief of a law enforcement agency or a chief of a fire department on the effective date of this act, P.L. 2022, c. 9; and
will attain the age of 65 years during the period commencing on the effective date of this act and ending on the last day of the 24th 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.
N.J.S. § 43:16A-5.3