43:16A-3 - Membership; termination; return of contributions; continuance on return - New Jersey Statutes

43:16A-3.  Membership;  termination;  return of contributions; continuance on return
    (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 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.

     L.1944, c. 255, p. 839, s. 3.  Amended by L.1945, c. 148, p. 521, s. 2; L.1948, c. 424, p. 1662, s. 1;  L.1952, c. 124, p. 467, s. 1;  L.1956, c. 101, p. 474, s. 1;  L.1962, c. 150, s. 1;  L.1964, c. 241, s. 1, eff. Jan. 1, 1965; L.1967, c. 250, s. 3, eff. Dec. 18, 1967;  L.1968, c. 276, s. 2, eff. Sept. 4, 1968;  L.1980, c. 129, s. 1.