Bill Text: NJ A3302 | 2012-2013 | Regular Session | Introduced
Bill Title: Provides municipalities and fire districts with option to hire firefighters up to age 40 with eligibility for PFRS membership; allows firefighters legally hired after age 35 currently in PERS to transfer to PFRS.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2013-02-15 - Reviewed by the Pension and Health Benefits Commission Recommend to not enact [A3302 Detail]
Download: New_Jersey-2012-A3302-Introduced.html
Sponsored by:
Assemblyman TROY SINGLETON
District 7 (Burlington)
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
Assemblyman JOHN J. BURZICHELLI
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Provides municipalities and fire districts with option to hire firefighters up to age 40 with eligibility for PFRS membership; allows firefighters legally hired after age 35 currently in PERS to transfer to PFRS.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning age restrictions for appointment as a firefighter and for membership in the Police and Firemen's Retirement System, and amending and supplementing various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) Notwithstanding the provisions of N.J.S.40A:14-12, a person who is not under 21 or over 40 years of age may be appointed as a member or officer of the paid fire department or force or as a paid member or officer of a part-paid fire department or force in any municipality, if the municipality has adopted an ordinance or resolution extending the maximum eligible age of appointment to 40 years of age in exception to N.J.S.40A:14-12.
In any municipality wherein Title 11 (Civil Service) of the Revised Statutes is operative, any person who shall have met the age requirements herein, at the announced closing date of a civil service examination for the position, shall be considered within the age requirements while the civil service list promulgated as a result of that examination is in effect.
Nothing herein contained shall affect the employment or continuance in office of any person, as a permanent fireman, employed by said municipality prior to the adoption of the ordinance creating and establishing a paid or part-paid fire department or force.
2. Section 2 of P.L.1979, c.453 (C.40A:14-81.2) is amended to read as follows:
2. Except as otherwise provided by law, no person shall be appointed to a paid position authorized pursuant to section 1 of P.L.1979, c.453 (C.40A:14-81.1) unless that person:
a. Is a citizen of the United States;
b. Is eligible for acceptance in the Public Employees' Retirement System of New Jersey or in the Police and Firemen's Retirement System of New Jersey, and a person appointed over 35 but not over 40 years of age may be eligible for the Police and Firemen's Retirement System, if the fire commissioners so provide by a resolution passed by not less than a majority of the full membership;
c. Is able to read, write and speak the English language well and intelligently;
d. Is of good moral character;
e. Has not been convicted of any criminal offense involving moral turpitude.
For the purposes of this section, each applicant shall submit to the appointing body of the fire district the applicant's name, address, fingerprints and written consent for a criminal history record background check to be performed. The appointing body of the fire district is authorized to exchange fingerprint data with and receive criminal history record information from the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation consistent with applicable State and federal law, rules and regulations. The applicant shall bear the cost of the criminal history record background check, including all costs of administering and processing the check. The Division of State Police shall promptly notify the appointing body of the fire district in the event a current employee or prospective applicant who was the subject of a criminal history record background check pursuant to this section is arrested for a crime or offense in this State after the date the background check was performed. The appointing body, officer or officers of the fire district, when authorized to do so, may employ such officers and other personnel for the paid or part-paid fire department and force as temporary employees in emergencies or for a specified part of the year, as needed.
(cf: P.L.2009, c.18, s.1)
3. Section 3 of P.L.1944, c.255 (C.43:16A-3) is amended to read as follows:
3. (1) After the date of the establishment of this retirement system, any person becoming a full-time policeman or fireman in a county or municipality or fire district located in a township where, prior to the date this act takes effect, a pension under chapter 16 of Title 43 or article 4 of chapter 10 of Title 43 of the Revised Statutes for policemen or firemen has been established, shall become a member of this retirement system as a condition of his employment; he will be enrolled provided, that his age at becoming such full-time policeman or fireman is not over 35 years, or that his age at becoming a full-time fireman is not over 40 years for a person who is appointed pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) or is eligible for membership pursuant to section 2 of P.L.1979, c.453 (C.40A:14-81.2), or if such person shall have met the requirements at the announced closing date of a civil service examination for such position and was appointed during the existence of the civil service list promulgated as a result of such examination; and further provided, that he shall furnish such evidence of good health at the time of becoming a member as the retirement system shall require.
(2) After the date upon which this act becomes effective in any county, municipality or political subdivision thereof, pursuant to a referendum as hereinafter provided (a) any person becoming a full-time policeman or fireman in any such county, municipality or political subdivision shall become a member of this retirement system as a condition of his employment; he will be enrolled provided, that his age at becoming such full-time policeman or fireman is not over 35 years; and provided further, that he shall furnish such evidence of good health at the time of becoming a member as the retirement system shall require; and (b) any person in service as a full-time policeman or fireman in any such county, municipality or political subdivision on the date this act becomes effective therein who, within the time and in the manner permitted by this act, elects to become a member of this retirement system, shall become such member.
(3) Should any member withdraw his aggregate contributions, or become a beneficiary or die, or if more than 2 years have elapsed from the date of his last contributions to the system, he shall thereupon cease to be a member.
(4) Should any member resign or be dismissed from the police or fire service of the employing agency and not make application for the return of his aggregate contributions, the retirement system shall upon receiving conclusive advice of such separation, terminate the membership. The employees' contributions from memberships so terminated shall be held by the retirement system and returned to the employee without interest when application for such return is made.
(5) If a member of the retirement system has been discontinued from service through no fault of his own or through leave of absence granted by his employer or permitted by any law of this State and he has not withdrawn his accumulated deductions, his membership may continue, notwithstanding any provisions of this article if such member returns to service within a period of 5 years from the date of his discontinuance from service.
(cf: P.L.1980, c.129, s.1)
4. (New section) a. Upon the adoption of the municipal governing body of an ordinance or resolution authorizing the appointment of a person who is not over 40 years of age pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), or upon the adoption of a resolution by the commissioners of a fire district authorizing membership in the retirement system for a person who is over 35 but not over 40 years of age pursuant to section 2 of P.L.1979, c.453 (C.40A:14-81.2), any fireman employed by a municipality or fire district who (1) was not eligible for membership in the Police and Firemen's Retirement System (PFRS), established pursuant to P.L.1944, c.255 (C.43:16A-1 et seq.), at the time of appointment to a paid position pursuant to N.J.S.40A:14-42 through 40A:14-44, or pursuant to section 2 of P.L.1979, c.453 (C.40A:14-81.2) (2) meets the requirements for membership in the retirement system as set forth in the definition of "fireman" in section 1 of P.L.1944, c.255 (C.43:16A-1) and (3) is enrolled in the Public Employees' Retirement System of New Jersey (PERS), established pursuant to P.L.1954, c.84 (C.43:15A-1 et seq.), is eligible to become a member of PFRS, regardless of age, and may transfer membership from PERS to PFRS in accordance with the provisions of the law and regulations governing the retirement system relative to interfund transfers by waiving, within 90 days, all rights and benefits which would otherwise be provided by PERS. If an eligible person does not file a timely waiver of PERS benefits, the person's pension status shall remain unchanged and the person's membership shall not be transferred to PFRS. Transfers under this section shall take effect on the first day of the first full calendar month following the effective date of the adopted ordinance or resolution by at least 180 days. PERS shall transmit to PFRS an amount equal to the present value of the benefit under PERS accrued to the date of transfer by each person transferring to PFRS. The service credit accrued in PERS to the date of transfer shall be transferred to PFRS and may be used to meet any service credit requirement for benefits under PFRS. Any benefit of a member who transfers membership from PERS to PFRS under this act based upon service credit shall be the amount of benefit determined as provided under PFRS based upon the total amount of service credit multiplied by the ratio of the service credit under PFRS from the date of transfer to the total amount of service credit, plus a benefit comparable to a PERS deferred, early or regular service retirement benefit, as appropriate, based upon the age of the member at the time of retirement and the amount of PERS service credit transferred to PFRS, determined as provided under the law and regulations governing PERS for the benefit. The total amount of service credit in PFRS, including the transferred PERS service credit, may be used to meet the service credit requirement for the benefit comparable to a PERS deferred or early retirement benefit, but the benefit shall be calculated only on the transferred PERS service credit.
Active and retired death benefits, accidental death benefits, and ordinary and accidental disability retirement benefits for members transferring to PFRS under this act shall be the benefits provided under PFRS.
For members transferring to PFRS under this section, the widows' or widowers' pensions provided under section 26 of P.L.1967, c.250 (C.43:16A-12.1) shall be the amount of the benefit determined as provided in section 26 multiplied by the ratio of the service credit under PFRS from the date of transfer to the total amount of service credit. Transferring members shall be entitled to elect optional retirement allowances for the portions of their retirement benefits based upon their PERS service credit as provided under the laws and regulations governing selection of optional retirement allowances under PERS.
b. Notwithstanding the provisions of subsection a. of this section, a fireman who transfers membership from PERS to PFRS may receive full credit toward benefits under PFRS for the transferred PERS service credit if the member agrees to pay the full cost of the accrued liability for the transferred PERS service credit in the same manner and subject to the same terms and conditions provided for the purchase of credit for military service under section 3 of P.L.1991, c.153 (C.43:16A-11.11).
c. The State shall not be liable for additional costs incurred by a local employer as a result of the transfers permitted by this section.
5. This act shall take effect immediately.
STATEMENT
This bill provides that a person who is not under 21 or over 40 years of age may be appointed as a member or officer of the paid fire department or force or as a paid member or officer of a part-paid fire department or force in any municipality, if the municipality has adopted an ordinance or resolution extending the maximum eligible age of appointment to age 40 in exception to the current basic maximum age of 35 years. The bill also allows a fire district to adopt a resolution that a firefighter appointed over 35 but not over 40 years of age may be eligible for membership in the Police and Firemen's Retirement System (PFRS).
Current law provides that a person appointed as a firefighter after the age of 35 years is not eligible for PFRS membership. A municipality may not appoint as a firefighter a person over age 35, except that a municipal volunteer firefighter may be appointed to a paid position with that municipality after age 35 but before age 40. A fire district may appoint firefighters without an age restriction. Persons with legal appointments as firefighters after age 35 are enrolled in PERS. This bill provides PFRS membership to those appointed pursuant to the bill's exceptions that may be adopted by a municipality or fire district.
Under the bill, a firefighter, employed by a municipality or fire district that has adopted the required resolution or ordinance, who (1) was not eligible for membership in the Police and Firemen's Retirement System (PFRS) at the time of appointment, (2) meets the PFRS definition of "fireman," and (3) is currently enrolled in the Public Employees' Retirement System (PERS) may transfer from PERS to PFRS, regardless of age. A firefighter may receive full credit toward benefits under PFRS for the transferred PERS service credit upon the firefighter's payment of the full cost of the accrued liability associated with that transfer; otherwise, benefits will be apportioned between PERS and PFRS according to the ratios of PERS and PFRS service credit to the total amount of service credit. The bill provides that the State will not be liable for additional costs incurred by a local employer as a result of the transfers permitted by the bill.
