Removing requirement of service during specified dates or in specified locations, thereby broadening eligibility for certain veterans' benefits.

A1887

ASSEMBLY, No. 1887

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman CLEOPATRA G. TUCKER

District 28 (Essex and Union)

Assemblyman GARY S. SCHAER

District 36 (Bergen and Passaic)

Assemblyman JOE DANIELSEN

District 17 (Middlesex and Somerset)

Co-Sponsored by:

Assemblymen Rumpf, Coughlin, DeAngelo, DiMaio,
Assemblywomen Reynolds-Jackson, Dunn, Murphy, Assemblymen S.Kean, Barlas,
Freiman, Karabinchak, Sauickie, Assemblywomen Speight and Fantasia

SYNOPSIS

���� Removing requirement of service during specified
dates or in specified locations, thereby broadening eligibility for certain
veterans' benefits.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning eligibility for certain veterans' benefits, amending and repealing
various parts of the statutory law and supplementing Title 11A of the New
Jersey Statutes.

����
Be It Enacted

by the Senate and General Assembly of the State of New Jersey:

���� 1.� N.J.S.11A:5-1 is amended
to read as follows:

���� 11A:5-1.� As used in this
chapter:

���� a.� "Disabled
veteran" means any veteran who is eligible to be compensated for a
service-connected disability
[
from
war service
]

by the United States
[
Veterans
Administration
]

Department of Veterans Affairs
or who receives or is entitled to receive
equivalent compensation for a service-connected disability
[
which arises
out of military or naval service as set forth in this chapter
]
and who has
submitted sufficient evidence of the record of disability
[
incurred in
the line of duty
]

to the Adjutant General of the Department of Military and Veterans' Affairs and
received a determination of status no later than eight days prior to the
issuance of an employment list, for which that individual received a passing
score on an examination;

���� b.� "Veteran" means
any
[
honorably
discharged soldier, sailor, marine or nurse who served in any army or navy of
the allies of the United States in World War I, between July 14, 1914 and
November 11, 1918, or who served in any army or navy of the allies of the
United States in World War II, between September 1, 1939 and September 2, 1945
and who was inducted into that service through voluntary enlistment, and was a
citizen of the United States at the time of the enlistment, and who did not
renounce or lose his or her United States citizenship; or any soldier, sailor,
marine, airman, nurse or army field clerk who has served in the active military
or naval service of the United States
]

person who (1) served at
least 90 days of active service in the Armed Forces of the United States,
excluding any period of service for basic training or as a cadet or midshipman
at one of the service academies, or (2) served as a member of a Reserve Component
of the Armed Forces of the United States for an entire period for which called
to federal active service, not including active duty for training,

and has been discharged or
released
therefrom
under
conditions
other than dishonorable
[
conditions
from that service in any of the following wars or conflicts
]
and who has
presented to the Adjutant General of the Department of Military and Veterans'
Affairs sufficient evidence of the record of service and received a
determination of status no later than eight days prior to the issuance of an
employment list, for which that individual received a passing score on an
examination
[
:

���� (1)� World War I, between
April 6, 1917 and November 11, 1918;

���� (2)� World War II, on or after
September 16, 1940, who shall have served at least 90 days beginning on or
before December 31, 1946 in such active service, exclusive of any period of
assignment for a course of education or training under the Army Specialized
Training Program or the Navy College Training Program, which course was a
continuation of a civilian course and was pursued to completion, or as a cadet
or midshipman at one of the service academies; except that any person receiving
an actual service-incurred injury or disability shall be classed a veteran
whether or not that person has completed the 90-day service;

���� (3)� Korean conflict, on or
after June 23, 1950, who shall have served at least 90 days beginning on or
before January 31, 1955 in active service, exclusive of any period of
assignment for a course of education or training under the Army Specialized
Training Program or the Navy College Training Program, which course was a
continuation of a civilian course and was pursued to completion, or as a cadet
or midshipman at one of the service academies; except that any person receiving
an actual service-incurred injury or disability shall be classed as a veteran,
whether or not that person has completed the 90-day service;

���� (4)� Lebanon crisis, on or
after July 1, 1958, who has served in Lebanon or on board any ship actively
engaged in patrolling the territorial waters of that nation for a period,
continuous or in the aggregate, of at least 14 days commencing on or before November
1, 1958 or the date of termination of that conflict, as proclaimed by the
President of the United States or Congress, whichever date of termination is
the latest, in such active service; provided that any person receiving an
actual service-incurred injury or disability shall be classed as a veteran
whether or not that person has completed the 14 days' service as herein
provided;

���� (5)� Vietnam conflict, on or
after December 31, 1960, who shall have served at least 90 days beginning on or
before May 7, 1975 in active service, exclusive of any period of assignment for
a course of education or training under the Army Specialized Training Program
or the Navy College Training Program, which course was a continuation of a
civilian course and was pursued to completion, or as a cadet or midshipman at
one of the service academies, and exclusive of any service performed pursuant
to the provisions of section 511(d) of Title 10, United States Code, or
exclusive of any service performed pursuant to enlistment in the National Guard
or the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or
Coast Guard Reserve; except that any person receiving an actual
service-incurred injury or disability shall be classed as a veteran, whether or
not that person has completed the 90-day service as provided;

���� (6)� Lebanon peacekeeping
mission, on or after September 26, 1982, who has served in Lebanon or on board
any ship actively engaged in patrolling the territorial waters of that nation
for a period, continuous or in the aggregate, of at least 14 days commencing on
or before December 1, 1987 or the date of termination of that mission, as
proclaimed by the President of the United States or Congress, whichever date of
termination is the latest, in such active service; provided that any person
receiving an actual service-incurred injury or disability shall be classed as a
veteran whether or not that person has completed the 14 days' service as herein
provided;

���� (7)� Grenada peacekeeping
mission, on or after October 23, 1983, who has served in Grenada or on board
any ship actively engaged in patrolling the territorial waters of that nation
for a period, continuous or in the aggregate, of at least 14 days commencing on
or before November 21, 1983 or the date of termination of that mission, as
proclaimed by the President of the United States or Congress, whichever date of
termination is the latest, in such active service; provided that any person
receiving an actual service-incurred injury or disability shall be classed as a
veteran whether or not that person has completed the 14 days' service as herein
provided;

���� (8)� Panama peacekeeping
mission, on or after December 20, 1989 or the date of inception of that
mission, as proclaimed by the President of the United States or Congress,
whichever date of inception is earliest, who has served in Panama or on board
any ship actively engaged in patrolling the territorial waters of that nation
for a period, continuous or in the aggregate, of at least 14 days commencing on
or before January 31, 1990 or the date of termination of that mission, as
proclaimed by the President of the United States or Congress, whichever date of
termination is the latest, in such active service; provided that any person
receiving an actual service-incurred injury or disability shall be classed as a
veteran whether or not that person has completed the 14 days' service as herein
provided;

���� (9)� Operation "Desert
Shield/Desert Storm" mission in the Arabian peninsula and the Persian
Gulf, on or after August 2, 1990 or the date of inception of that operation, as
proclaimed by the President of the United States or Congress, whichever date of
inception is earliest, who has served in the Arabian peninsula or on board any
ship actively engaged in patrolling the Persian Gulf for a period, continuous
or in the aggregate, of at least 14 days commencing on or before the date of
termination of that mission, as proclaimed by the President of the United
States or Congress, whichever date of termination is the latest, in such active
service; provided that any person receiving an actual service-incurred injury
or disability shall be classed as a veteran whether or not that person has
completed the 14 days' service as herein provided;

���� (10)� Operation Northern Watch
and Operation Southern Watch, on or after August 27, 1992 or the date of
inception of that operation, as proclaimed by the President of the United
States, Congress or United States Secretary of Defense, whichever date of inception
is earliest, who served in the theater of operation, including in the Arabian
peninsula and the Persian Gulf, and in direct support of that operation for a
period, continuously or in the aggregate, of at least 14 days in such active
service commencing on or before the date of termination of that operation, as
proclaimed by the President of the United States, Congress or United States
Secretary of Defense, whichever date of termination is the latest; provided
that any person receiving an actual service-incurred injury or disability while
engaged in such service shall be classed as a veteran whether or not that
person has completed the 14 days' service as herein provided;

���� (11)� Operation "Restore
Hope" in Somalia, on or after December 5, 1992 or the date of inception of
that operation as proclaimed by the President of the United States or the
Congress, whichever date is earliest, who has served in Somalia or on board any
ship actively engaged in patrolling the territorial waters of that nation for a
period, continuously or in the aggregate, of at least 14 days in such active
service commencing on or before March 31, 1994; provided that any person
receiving an actual service-incurred injury or disability shall be classed as a
veteran whether or not that person has completed the 14-day service as herein
provided;

���� (12)� Operations "Joint
Endeavor" and "Joint Guard" in the Republic of Bosnia and
Herzegovina, on or after November 20, 1995, who served in such active service
in direct support of one or both of the operations for at least 14 days, continuously
or in the aggregate, commencing on or before June 20, 1998, and (1) was
deployed in that nation or in another area in the region, or (2) was on board a
United States naval vessel operating in the Adriatic Sea, or (3) operated in
airspace above the Republic of Bosnia and Herzegovina; provided that any person
receiving an actual service-incurred injury or disability shall be classed as a
veteran whether or not that person completed the 14-day service requirement;

���� (13)� Operation "Uphold
Democracy" in Haiti, on or after September 19, 1994, who served in Haiti
or on board any ship actively engaged in patrolling the territorial waters of
that nation for a period, continuously or in the aggregate, of at least 14 days
in such active service commencing on or before March 31, 1995 and who received
an Armed Forces Expeditionary Medal for such service; provided that any person
receiving an actual service-incurred injury or disability shall be classed as a
veteran whether or not that person has completed the 14 days' service as herein
provided or received an Armed Forces Expeditionary Medal;

���� (14)� Operation "Enduring
Freedom", on or after September 11, 2001, who served in a theater of
operation and in direct support of that operation for a period, continuously or
in the aggregate, of at least 14 days in such active service commencing on or
before the date the President of the United States or the United States
Secretary of Defense designates as the termination date of that operation;
provided that any person receiving an actual service-incurred injury or
disability while engaged in such service shall be classed as a veteran whether
or not that person has completed the 14 days' service as herein provided;

���� (15)� Operation "Iraqi
Freedom", on or after the date the President of the United States or the
United States Secretary of Defense designates as the inception date of that
operation, who served in Iraq or in another area in the region in direct
support of that operation for a period, continuously or in the aggregate, of at
least 14 days in such active service commencing on or before the date the
President of the United States or the United States Secretary of Defense
designates as the termination date of that operation; provided that any person
receiving an actual service-incurred injury or disability while engaged in such
service shall be classed as a veteran whether or not that person has completed
the 14 days' service as herein provided; and

���� (16)� In a campaign or
expedition for which a medal has been authorized and recognized by the
Veterans' Preference Act of 1944, as amended and codified under Title 5, United
States Code, for civil service preference and which has been awarded to the
veteran.

���� c.� "War service"
means service by a veteran in any war or conflict described in this chapter
during the periods specified
]
.

����
A person
who served fewer than 90 days of
active service or who served less than the entire period to which called to
federal active service shall be classed as a veteran if that person has been
discharged or released under conditions other than dishonorable as a result of
a service-connected disability incurred as a result of such service.

(cf: P.L.2021, c.429, s.1)

���� 2.� N.J.S.11A:5-3 is amended
to read as follows:

���� 11A:5-3.� Parent and spouse of
veteran who has died in service.� A parent and spouse of any veteran who died
while in
, and as a result of, federal active
service and who would have
qualified under this chapter as a veteran, shall be entitled to a disabled
veterans' preference.� Where both a parent and spouse survive, the exercise of
the preference by one shall suspend the right of any other so long as the first
individual who exercises preference remains in the employ of the State or any
political subdivision operating under the provisions of this title.

(cf: N.J.S.11A:5-3)

���� 3.� N.J.S.11A:5-11 is amended
to read as follows:

���� 11A:5-11.� A veteran with any
physical disability caused by
[
wounds
or injuries received in the line of duty in the military or naval forces of the
United States during war service set forth in N.J.S.11A:5-1
]

an injury, disease or disability
incurred as a result of active service in the Armed Forces of the United States
or a Reserve Component thereof,
shall not be discriminated against
in an examination, classification or appointment because of the disability,
unless this disability, in the opinion of the Civil Service Commission, would
incapacitate the veteran from properly performing the duties of the office,
position or employment for which applied.

(cf: P.L.2017, c.131, s.9)

���� 4.� N.J.S.18A:66-2 is amended
to read as follows:

���� 18A:66-2.� As used in this
article:

���� a.� "Accumulated
deductions" means the sum of all the amounts, deducted from the
compensation of a member or contributed by or in behalf of the member,
including interest credited to January 1, 1956, standing to the credit of the
member's individual account in the annuity savings fund.

���� b.� "Annuity" means
payments for life derived from the accumulated deductions of a member as
provided in this article.

���� c.� "Beneficiary"
means any person receiving a retirement allowance or other benefit as provided
in this article.

���� d.� (1)�
"Compensation" means the contractual salary, for services as a
teacher as defined in this article, which is in accordance with established
salary policies of the member's employer for all employees in the same position
but shall not include individual salary adjustments which are granted primarily
in anticipation of the member's retirement or additional remuneration for
performing temporary or extracurricular duties beyond the regular school day or
the regular school year.

���� (2)� In the case of a person
who becomes a member of the retirement system on or after July 1, 2007,
"compensation" means the amount of the contractual salary equivalent
to the annual maximum wage contribution base for Social Security, pursuant to
the Federal Insurance Contributions Act, for services as a teacher as defined
in this article, which is in accordance with established salary policies of the
member's employer for all employees in the same position but shall not include
individual salary adjustments which are granted primarily in anticipation of
the member's retirement or additional remuneration for performing temporary or
extracurricular duties beyond the regular school day or the regular school
year.� This paragraph shall not apply to a person who at the time of enrollment
in the retirement system on or after July 1, 2007 transfers service credit from
another State-administered retirement system pursuant to N.J.S.18A:66-15.1, but
shall apply to a former member of the retirement system who has been granted a
retirement allowance and is reenrolled in the retirement system on or after
July 1, 2007 pursuant to N.J.S.18A:66-53.2 after becoming employed again in a
position that makes the person eligible to be a member of the retirement
system.

���� For the period of July 1, 2009
through June 30, 2011, "contractual salary" for State employees shall
include wage increases under a collective negotiations agreement
notwithstanding that, by amendment to that collective negotiations agreement, the
effective date of the contractual increase has been deferred.� For the purpose
of this paragraph, "State employee" means an employee in the
Executive Branch of State government of New Jersey.

���� e.� "Employer" means
the State, the board of education or any educational institution or agency of
or within the State by which a teacher is paid.

���� f.� (1)� "Final
compensation" means the average annual compensation for which
contributions are made for the three years of creditable service in New Jersey
immediately preceding the member's retirement or death, or it shall mean the
average annual compensation for New Jersey service for which contributions are
made during any three fiscal years of his or her membership providing the
largest possible benefit to the member or the member's beneficiary.

���� (2)� In the case of a person
who becomes a member of the retirement system on or after the effective date of
P.L.2010, c.1, "final compensation" means the average annual
compensation for which contributions are made for the five years of creditable
service in New Jersey immediately preceding the member's retirement or death,
or it shall mean the average annual compensation for New Jersey service for
which contributions are made during any five fiscal years of his or her
membership providing the largest possible benefit to the member or the member's
beneficiary.

���� g.� "Fiscal year"
means any year commencing with July 1, and ending with June 30, next following.

���� h.� "Pension" means
payments for life derived from appropriations made by the State or employers to
the Teachers' Pension and Annuity Fund.

���� i.� "Annuity
reserve" means the present value of all payments to be made on account of
any annuity or benefit in lieu of an annuity, granted under the provisions of
this article, computed on the basis of such mortality tables recommended by the
actuary as the board of trustees adopts, with regular interest.

���� j.� "Pension
reserve" means the present value of all payments to be made on account of
any pension or benefit in lieu of a pension granted to a member from the
Teachers' Pension and Annuity Fund, computed on the basis of such mortality
tables recommended by the actuary as the board of trustees adopts, with regular
interest.

���� k.�
"Present-entrant" means any member of the Teachers' Pension and
Annuity Fund who had established status as a "present-entrant member"
of said fund prior to January 1, 1956.

���� l.� "Rate of contribution
initially certified" means the rate of contribution certified by the
retirement system in accordance with N.J.S.18A:66-29.

���� m.� "Regular
interest" shall mean interest as determined by the State Treasurer, after
consultation with the Directors of the Divisions of Investment and Pensions,
the board of trustees and the actuary.� It shall bear a reasonable relationship
to the percentage rate of earnings on investments based on the market value of
assets but shall not exceed the assumed percentage rate of increase applied to
salaries plus 3%, provided however that the board of trustees shall not set the
average percentage rate of increase applied to salaries below 6%.

���� n.� "Retirement
allowance" means the pension plus the annuity.

���� o.� "School service"
means any service as a "teacher" as defined in this section.

���� p.� "Teacher" means
any regular teacher, special teacher, helping teacher, teacher clerk,
principal, vice-principal, supervisor, supervising principal, director,
superintendent, city superintendent, assistant city superintendent, county
superintendent, State Commissioner or Assistant Commissioner of Education,
members of the State Department of Education who are certificated, unclassified
professional staff and other members of the teaching or professional staff of
any class, public school, renaissance school project established pursuant to
P.L.2011, c.176 (C.18A:36C-1 et seq.) upon commencement of employment, high
school, normal school, model school, training school, vocational school, truant
reformatory school, or parental school, and of any and all classes or schools
within the State conducted under the order and superintendence, and wholly or
partly at the expense of the State Board of Education, of a duly elected or
appointed board of education, board of school directors, or board of trustees
of the State or of any school district or normal school district thereof, and
any persons under contract or engagement to perform one or more of these
functions.� It shall also mean any person who serves, while on an approved
leave of absence from regular duties as a teacher, as an officer of a local,
county or State labor organization which represents, or is affiliated with an
organization which represents, teachers as defined in this subsection.� No
person shall be deemed a teacher within the meaning of this article who is a
substitute teacher.� In all cases of doubt the board of trustees shall
determine whether any person is a teacher as defined in this article.

���� q.� "Teachers' Pension
and Annuity Fund," hereinafter referred to as the "retirement
system" or "system," is the corporate name of the arrangement
for the payment of retirement allowances and other benefits under the provisions
of this article, including the several funds placed under said system.� By that
name all its business shall be transacted, its funds invested, warrants for
money drawn, and payments made and all of its cash and securities and other
property held.

���� r.� "Veteran" means
any
[
honorably
discharged officer, soldier, sailor, airman, marine or nurse who served in any
Army, Air Force or Navy of the Allies of the United States in World War I
between July 14, 1914, and November 11, 1918, or who served in any Army, Air
Force or Navy of the Allies of the United States in World War II, between
September 1, 1939, and September 2, 1945, and who was inducted into such
service through voluntary enlistment, and was a citizen of the United States at
the time of such enlistment, and who did not, during or by reason of such
service, renounce or lose United States citizenship, and any officer, soldier,
sailor, marine, airman, nurse or army field clerk who has served in the active
military or naval service of the United States
]

person who (1) served at
least 90 days of active service in the Armed Forces of the United States,
excluding any period of service for basic training or as a cadet or midshipman
at one of the service academies, or (2) served as a member of a Reserve Component
of the Armed Forces of the United States for an entire period for which called
to federal active service, not including active duty for training,

and has
[
or shall be
]

been

discharged or released therefrom under conditions other than dishonorable
[
, in any of
the following wars, uprisings, insurrections, expeditions or emergencies,
]
and who has
presented to the
[
retirement
system
]

Adjutant General of the
Department of Military and Veterans' Affairs

evidence of such record of service in form and
content satisfactory to
[
said
retirement system:

���� (1)� The Indian wars and
uprisings during any of the periods recognized by the War Department of the
United States as periods of active hostility;

���� (2)� The Spanish-American War
between April 20, 1898, and April 11, 1899;

���� (3)� The Philippine
insurrections and expeditions during the periods recognized by the War
Department of the United States as of active hostility from February 4, 1899,
to the end of 1913;

���� (4)� The Peking relief
expedition between June 20, 1900, and May 27, 1902;

���� (5)� The army of Cuban
occupation between July 18, 1898, and May 20, 1902;

���� (6)� The army of Cuban
pacification between October 6, 1906, and April 1, 1909;

���� (7)� The Mexican punitive
expedition between March 14, 1916, and February 7, 1917;

���� (8)� The Mexican border
patrol, having actually participated in engagements against Mexicans between
April 12, 1911, and June 16, 1919;

���� (9)� World War I, between
April 6, 1917, and November 11, 1918;

���� (10)� World War II, between
September 16, 1940, and December 31, 1946, who shall have served at least 90
days in such active service, exclusive of any period of assignment (1) for a
course of education or training under the Army Specialized Training Program or
the Navy College Training Program, which course was a continuation of a
civilian course and was pursued to completion, or (2) as a cadet or midshipman
at one of the service academies, any part of which 90 days was served between
said dates; provided that any person receiving an actual service-incurred
injury or disability shall be classed as a veteran, whether or not that person
has completed the 90-day service as herein provided;

���� (11)� Korean conflict on or
after June 23, 1950, and on or prior to January 31, 1955, who shall have served
at least 90 days in such active service, exclusive of any period of assignment
(1) for a course of education or training under the Army Specialized Training
Program or the Navy College Training Program, which course was a continuation
of a civilian course and was pursued to completion, or (2) as a cadet or
midshipman at one of the service academies, any part of which 90 days was
served between said dates; provided that any person receiving an actual
service-incurred injury or disability shall be classed as a veteran, whether or
not that person has completed the 90-day service as herein provided; and
provided further that any member classed as a veteran pursuant to this
subsection prior to August 1, 1966, shall continue to be classed as a veteran,
whether or not that person completed the 90-day service between said dates as
herein provided;

���� (12)� Lebanon crisis, on or
after July 1, 1958, who has served in Lebanon or on board any ship actively
engaged in patrolling the territorial waters of that nation for a period,
continuous or in the aggregate, of at least 14 days commencing on or before November
1, 1958 or the date of termination of that conflict, as proclaimed by the
President of the United States or Congress, whichever date of termination is
the latest, in such active service; provided, that any person receiving an
actual service-incurred injury or disability shall be classed as a veteran
whether or not that person has completed the 14 days' service as herein
provided;

���� (13)� Vietnam conflict, on or
after December 31, 1960, and on or prior to May 7, 1975, who shall have served
at least 90 days in such active service, exclusive of any period of assignment
(1) for a course of education or training under the Army Specialized Training
Program or the Navy College Training Program, which course was a continuation
of a civilian course and was pursued to completion, or (2) as a cadet or
midshipman at one of the service academies, any part of which 90 days was
served between said dates; and exclusive of any service performed pursuant to
the provisions of section 511(d) of Title 10, United States Code, pursuant to
an enlistment in the Army National Guard or as a reserve for service in the
Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or Coast
Guard Reserve; provided that any person receiving an actual service-incurred
injury or disability shall be classed as a veteran, whether or not that person
has completed the 90-day service as herein provided;

���� (14)� Lebanon peacekeeping
mission, on or after September 26, 1982, who has served in Lebanon or on board
any ship actively engaged in patrolling the territorial waters of that nation
for a period, continuous or in the aggregate, of at least 14 days commencing on
or before December 1, 1987 or the date of termination of that mission, as
proclaimed by the President of the United States or Congress, whichever date of
termination is the latest, in such active service; provided, that any person
receiving an actual service-incurred injury or disability shall be classed as a
veteran whether or not that person has completed the 14 days' service as herein
provided;

���� (15)� Grenada peacekeeping
mission, on or after October 23, 1983, who has served in Grenada or on board
any ship actively engaged in patrolling the territorial waters of that nation
for a period, continuous or in the aggregate, of at least 14 days commencing on
or before November 21, 1983 or the date of termination of that mission, as
proclaimed by the President of the United States or Congress, whichever date of
termination is the latest, in such active service; provided, that any person
receiving an actual service-incurred injury or disability shall be classed as a
veteran whether or not that person has completed the 14 days' service as herein
provided;

���� (16)� Panama peacekeeping
mission, on or after December 20, 1989 or the date of inception of that
mission, as proclaimed by the President of the United States or Congress,
whichever date of inception is earliest, who has served in Panama or on board
any ship actively engaged in patrolling the territorial waters of that nation
for a period, continuous or in the aggregate, of at least 14 days commencing on
or before January 31, 1990 or the date of termination of that mission, as
proclaimed by the President of the United States or Congress, whichever date of
termination is the latest, in such active service; provided, that any person
receiving an actual service-incurred injury or disability shall be classed as a
veteran whether or not that person has completed the 14 days' service as herein
provided;

���� (17)� Operation "Desert
Shield/Desert Storm" mission in the Arabian peninsula and the Persian
Gulf, on or after August 2, 1990 or the date of inception of that operation, as
proclaimed by the President of the United States or Congress, whichever date of
inception is earliest, who has served in the Arabian peninsula or on board any
ship actively engaged in patrolling the Persian Gulf for a period, continuous
or in the aggregate, of at least 14 days commencing on or before the date of
termination of that mission, as proclaimed by the President of the United
States or Congress, whichever date of termination is the latest, in such active
service; provided, that any person receiving an actual service-incurred injury
or disability shall be classed as a veteran whether or not that person has
completed the 14 days' service as herein provided;

���� (18)� Operation Northern Watch
and Operation Southern Watch, on or after August 27, 1992, or the date of
inception of that operation, as proclaimed by the President of the United
States, Congress or United States Secretary of Defense, whichever date of inception
is earliest, who served in the theater of operation, including in the Arabian
peninsula and the Persian Gulf, and in direct support of that operation for a
period, continuously or in the aggregate, of at least 14 days in such active
service, commencing on or before the date of termination of the operation, as
proclaimed by the President of the United States, Congress or United States
Secretary of Defense, whichever date of termination is latest; provided, that
any person receiving an actual service-incurred injury or disability while
engaged in such service shall be classed as a veteran whether or not that
person has completed the 14 days' service as herein provided;

���� (19)� Operation "Restore
Hope" in Somalia, on or after December 5, 1992, or the date of inception
of that operation as proclaimed by the President of the United States or
Congress, whichever date is earliest, who has served in Somalia or on board any
ship actively engaged in patrolling the territorial waters of that nation for a
period, continuously or in the aggregate, of at least 14 days in such active
service commencing on or before March 31, 1994; provided that any person
receiving an actual service-incurred injury or disability shall be classed as a
veteran whether or not that person has completed the 14-day service as herein
provided;

���� (20)� Operations "Joint
Endeavor" and "Joint Guard" in the Republic of Bosnia and
Herzegovina, on or after November 20, 1995, who served in such active service
in direct support of one or both of the operations for at least 14 days, continuously
or in the aggregate, commencing on or before June 20, 1998, and (1) was
deployed in that nation or in another area in the region, or (2) was on board a
United States naval vessel operating in the Adriatic Sea, or (3) operated in
airspace above the Republic of Bosnia and Herzegovina; provided that any person
receiving an actual service-incurred injury or disability shall be classed as a
veteran whether or not that person completed the 14-day service requirement;

���� (21)� Operation "Enduring
Freedom", on or after September 11, 2001, who served in a theater of
operation and in direct support of that operation for a period, continuously or
in the aggregate, of at least 14 days in such active service commencing on or
before the date the President of the United States or the United States
Secretary of Defense designates as the termination date of that operation;
provided, that any person receiving an actual service-incurred injury or
disability while engaged in such service shall be classed as a veteran whether
or not that person has completed the 14 days' service as herein provided; and

���� (22)� Operation "Iraqi
Freedom", on or after the date the President of the United States or the
United States Secretary of Defense designates as the inception date of that
operation, who served in Iraq or in another area in the region in direct
support of that operation for a period, continuously or in the aggregate, of at
least 14 days in such active service commencing on or before the date the
President of the United States or the United States Secretary of Defense
designates as the termination date of that operation; provided, that any person
receiving an actual service-incurred injury or disability while engaged in such
service shall be classed as a veteran whether or not that person has completed
the 14 days' service as herein provided
]

the Adjutant General
.

����
A person who served fewer than 90 days of active
service or who served less than the entire period to which called to active
service shall be classed as a veteran if that person has been discharged or
released under conditions other than dishonorable as a result of a
service-connected disability incurred a result of such service.

���� "Veteran" also means
any honorably discharged member of the American Merchant Marine who served
during World War II and is declared by the United States Department of Defense
to be eligible for federal veterans' benefits.

���� s.� "Child" means a
deceased member's unmarried child either (a) under the age of 18 or (b) of any
age who, at the time of the member's death, is disabled because of
[
mental
retardation
]

intellectual disability
or physical incapacity, is unable to do any
substantial, gainful work because of the impairment and the impairment has
lasted or can be expected to last for a continuous period of not less than 12
months, as affirmed by the medical board.

���� t.� (1)� "Widower,"
for employees of the State, means the man to whom a member was married, or a
domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), at
least five years before the date of her death and to whom she continued to be
married or a domestic partner until the date of her death and who was receiving
at least one-half of his support from the member in the 12-month period
immediately preceding the member's death or the accident which was the direct
cause of the member's death.� The dependency of such a widower will be
considered terminated by marriage of, or establishment of a domestic
partnership by, the widower subsequent to the death of the member.� In the
event of the payment of an accidental death benefit, the five-year qualification
shall be waived.

���� (2)� Subject to the provisions
of paragraph (3) of this subsection, "widower," for employees of
public employers other than the State, means the man to whom a member was
married at least five years before the date of her death and to whom she continued
to be married until the date of her death and who was receiving at least
one-half of his support from the member in the 12-month period immediately
preceding the member's death or the accident which was the direct cause of the
member's death.� The dependency of such a widower shall be considered
terminated by marriage of the widower subsequent to the death of the member.�
In the event of the payment of an accidental death benefit, the five-year
qualification shall be waived.

���� (3)� A public employer other
than the State may adopt a resolution providing that the term
"widower" as defined in paragraph (2) of this subsection shall
include domestic partners as provided in paragraph (1) of this subsection.

���� u.� (1)� "Widow,"
for employees of the State, means the woman to whom a member was married, or a
domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), at
least five years before the date of his death and to whom he continued to be
married or a domestic partner until the date of his death and who was receiving
at least one-half of her support from the member in the 12-month period
immediately preceding the member's death or the accident which was the direct
cause of the member's death.� The dependency of such a widow will be considered
terminated by the marriage of, or establishment of a domestic partnership by,
the widow subsequent to the member's death.� In the event of the payment of an
accidental death benefit, the five-year qualification shall be waived.

���� (2)� Subject to the provisions
of paragraph (3) of this subsection, "widow," for employees of public
employers other than the State, means the woman to whom a member was married at
least five years before the date of his death and to whom he continued to be
married until the date of his death and who was receiving at least one-half of
her support from the member in the 12-month period immediately preceding the
member's death or the accident which was the direct cause of the member's
death.� The dependency of such a widow shall be considered terminated by the
marriage of the widow subsequent to the member's death.� In the event of the
payment of an accidental death benefit, the five-year qualification shall be
waived.

���� (3)� A public employer other
than the State may adopt a resolution providing that the term
"widower" as defined in paragraph (2) of this subsection shall
include domestic partners as provided in paragraph (1) of this subsection.

���� v.� "Parent" means
the parent of a member who was receiving at least one-half of the parent's
support from the member in the 12-month period immediately preceding the
member's death or the accident which was the direct cause of the member's death.�
The dependency of such a parent will be considered terminated by marriage of
the parent subsequent to the death of the member.

���� w.� "Medical board"
means the board of physicians provided for in N.J.S.18A:66-56.

���� x.� (1)� "Spouse,"
for employees of the State, means the husband or wife, or domestic partner as
defined in section 3 of P.L.2003, c.246 (C.26:8A-3), of a member.

���� (2)� Subject to the provisions
of paragraph (1) of this subsection, "spouse," for employees of
public employers other than the State, means the husband or wife of a member.

���� (3)� A public employer other
than the State may adopt a resolution providing that the term
"spouse" as defined in paragraph (2) of this subsection shall include
domestic partners as provided in paragraph (1) of this subsection.

(cf: P.L.2018, c.129, s.1)

���� 5.� N.J.S.18A:66-13 is amended
to read as follows:

���� 18A:66-13.� Prior service
credit.� A member may file a detailed statement of: a. school service and
service in a similar capacity in other states and in schools within and outside
the United States operated by a department of the United States Government for
the instruction of the children of United States Government officers and
employees, or b. other public employment in other states or with the United
States Government which would be eligible for credit in a State-administered
retirement system if the employment was with a public employer in this State,
or c.
[
military
service
]

active service
in the Armed Forces of the United States
or in a
Reserve Component thereof
, rendered prior to becoming a member, for which
the member desires credit, and of such other facts as the retirement system may
require.� The member may purchase credit for all or a portion of the service
evidenced in the statement up to the nearest number of years and months, but
not exceeding 10 years, provided however, that a member purchasing that maximum
credit may purchase up to five additional years
[
for additional military
]

of active

service
[
qualifying
the member as a veteran as defined in N.J.S.18A:66-2
]

in the Armed Forces of the
United States or a Reserve Component thereof
.� No application shall be
accepted for the purchase of credit for
[
such
]
: (1) a
period of
service if, at the time of application, the member has a vested
right to retirement benefits in another retirement system based in whole or in
part upon that service
; or (2) a period of active service in a Reserve
Component of the Armed Forces of the United States that is concurrent with
other service described in subsections a. and b. of this section
.

���� The member may purchase credit
for the service by paying into the annuity savings fund the amount required by
applying the factor, supplied by the actuary as being applicable to the
member's age at the time of the purchase, to the member's salary at that time,
or to the highest annual compensation for service in this State for which
contributions were made during any prior fiscal year of membership, whichever
is greater.� The purchase may be made in regular installments, equal to at
least one-half the full normal contribution to the retirement system, over a
maximum period of 10 years.� Neither the State nor the employer of a member who
applies to purchase credit for public employment with the United States
Government pursuant to subsection b. of this section or for military service
pursuant to subsection c. of this section shall be liable for any payment to
the retirement system on behalf of the member for the purchase of this credit.

���� Notwithstanding any provision
of this act to the contrary, a member shall not be liable for any costs
associated with the financing of pension adjustment benefits and health care
benefits for retirees when purchasing credit for school service, public employment
in other states or with the United States Government, or
[
military
]

active

service in the Armed Forces of the United States
or a Reserve Component
thereof
.�

���� Any member electing to
purchase the service who retires prior to completing payments as agreed with
the retirement system will receive pro rata credit for service purchased prior
to the date of retirement, but if the member so elects at the time of retirement,
the member may make the additional lump sum payment required at that time to
provide full credit.�

���� Notwithstanding any other
provision of law to the contrary, service credit established in the retirement
system by a member through purchase in accordance with this section, which
purchase was made by an application submitted on or after the effective date of
P.L.2008, c.89, except a purchase for
[
military
]

active

service in the Armed Forces of the United States
or a Reserve Component
thereof
, shall not be eligible for consideration when service is used to
determine the qualification of the member for any health care benefits coverage
paid, in whole or in part, by a public employer after the member's retirement.

(cf: P.L.2008, c.89, s.3)

���� 6.� Section 6 of P.L.1954,
c.84 (C.43:15A-6) is amended to read as follows:

���� 6.� As used in this act:

���� a.� "Accumulated
deductions" means the sum of all the amounts, deducted from the
compensation of a member or contributed by or on behalf of the member, standing
to the credit of the member's individual account in the annuity savings fund.

���� b.� "Annuity" means
payments for life derived from the accumulated deductions of a member as
provided in this act.

���� c.� "Annuity
reserve" means the present value of all payments to be made on account of
any annuity or benefit in lieu of an annuity, granted under the provisions of
this act, computed on the basis of such mortality tables recommended by the actuary
as the board of trustees adopts, with regular interest.

���� d.� "Beneficiary"
means any person receiving a retirement allowance or other benefit as provided
in this act.

���� e.� "Child" means a
deceased member's unmarried child either (1) under the age of 18 or (2) of any
age who, at the time of the member's death, is disabled because of an
intellectual disability or physical incapacity, is unable to do any substantial,
gainful work because of the impairment and the impairment has lasted or can be
expected to last for a continuous period of not less than 12 months, as
affirmed by the medical board.

���� f.� "Parent" shall
mean the parent of a member who was receiving at least 1/2 of the parent's
support from the member in the 12-month period immediately preceding the
member's death or the accident which was the direct cause of the member's death.�
The dependency of such a parent will be considered terminated by marriage of
the parent subsequent to the death of the member.

���� g.� (1)� "Widower,"
for employees of the State, means the man to whom a member was married, or a
domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), at
least five years before the date of her death and to whom she continued to be
married or a domestic partner until the date of her death and who was receiving
at least 1/2 of his support from the member in the 12-month period immediately
preceding the member's death or the accident which was the direct cause of the
member's death.� The dependency of such a widower will be considered terminated
by marriage of, or establishment of a domestic partnership by, the widower
subsequent to the death of the member.� In the event of the payment of an
accidental death benefit, the five-year qualification shall be waived.

���� (2)� Subject to the provisions
of paragraph (3) of this subsection, "widower," for employees of
public employers other than the State, means the man to whom a member was
married at least five years before the date of her death and to whom she continued
to be married until the date of her death and who was receiving at least 1/2 of
his support from the member in the 12-month period immediately preceding the
member's death or the accident which was the direct cause of the member's
death.� The dependency of such a widower shall be considered terminated by
marriage of the widower subsequent to the death of the member.� In the event of
the payment of an accidental death benefit, the five-year qualification shall
be waived.

���� (3)� A public employer other
than the State may adopt a resolution providing that the term
"widower" as defined in paragraph (2) of this subsection shall
include domestic partners as provided in paragraph (1) of this subsection.

���� h.� (1)� "Final
compensation" means the average annual compensation for which
contributions are made for the three years of creditable service in New Jersey
immediately preceding the member's retirement or death, or it shall mean the
average annual compensation for New Jersey service for which contributions are
made during any three fiscal years of his or her membership providing the
largest possible benefit to the member or the member's beneficiary.

���� (2)� In the case of a person
who becomes a member of the retirement system on or after the effective date of
P.L.2010, c.1, "final compensation" means the average annual
compensation for which contributions are made for the five years of creditable
service in New Jersey immediately preceding the member's retirement or death,
or it shall mean the average annual compensation for New Jersey service for
which contributions are made during any five fiscal years of his or her
membership providing the largest possible benefit to the member or the member's
beneficiary.

���� i.� "Fiscal year"
means any year commencing with July 1 and ending with June 30 next following.

���� j.� "Medical board"
shall mean the board of physicians provided for in section 17 of P.L.1954, c.84
(C.43:15A-17).

���� k.� "Pension" means
payments for life derived from appropriations made by the employer as provided
in this act.

���� l.� "Pension
reserve" means the present value of all payments to be made on account of
any pension or benefit in lieu of a pension granted under the provisions of
this act, computed on the basis of such mortality tables recommended by the
actuary as the board of trustees adopts, with regular interest.

���� m.� "Public Employees'
Retirement System of New Jersey," hereinafter referred to as the
"retirement system" or "system," is the corporate name of
the arrangement for the payment of retirement allowances and other benefits under
the provisions of this act including the several funds placed under said
system.� By that name all of its business shall be transacted, its funds
invested, warrants for money drawn, and payments made and all of its cash and
securities and other property held.

���� n.� "Regular
interest" shall mean interest as determined by the State Treasurer, after
consultation with the Directors of the Divisions of Investment and Pensions,
the board of trustees and the actuary.� It shall bear a reasonable relationship
to the percentage rate of earnings on investments based on the market value of
the assets but shall not exceed the assumed percentage rate of increase applied
to salaries plus 3%, provided however that the board of trustees shall not set
the average percentage rate of increase applied to salaries below 6%.

���� o.� "Retirement
allowance" means the pension plus the annuity.

���� p.� "Veteran" means
any
[
honorably
discharged officer, soldier, sailor, airman, marine or nurse who served in any
Army, Air Force or Navy of the Allies of the United States in World War I,
between July 14, 1914, and November 11, 1918, or who served in any Army, Air
Force or Navy of the Allies of the United States in World War II, between
September 1, 1939, and September 2, 1945, and who was inducted into such
service through voluntary enlistment, and was a citizen of the United States at
the time of such enlistment, and who did not, during or by reason of such
service, renounce or lose United States citizenship, and any officer, soldier,
sailor, marine, airman, nurse or army field clerk, who has served in the active
military or naval service of the United States
]

person who (1) served at least 90 days of active service in the Armed Forces
of the United States, excluding any period of service for basic training or as
a cadet or midshipman at one of the service academies, or (2) served as a
member of a Reserve Component of the Armed Forces of the United States for an
entire period for which called to federal active service, not including active
duty for training,
and has
[
or
shall be
]

been
discharged or released therefrom under conditions other than
dishonorable
[
,
in any of the following wars, uprisings, insurrections, expeditions, or
emergencies,
]

and who has presented to the
[
retirement
system
]

Adjutant General of the Department of Military and Veterans' Affairs

evidence of such record of service in form and content satisfactory to
[
said
retirement system:

���� (1)� The Indian wars and
uprisings during any of the periods recognized by the War Department of the
United States as periods of active hostility;

���� (2)� The Spanish-American War
between April 20, 1898, and April 11, 1899;

���� (3)� The Philippine
insurrections and expeditions during the periods recognized by the War
Department of the United States as of active hostility from February 4, 1899,
to the end of 1913;

���� (4)� The Peking relief
expedition between June 20, 1900, and May
27, 1902;

���� (5)� The army of Cuban
occupation between July 18, 1898, and May
20, 1902;

���� (6)� The army of Cuban
pacification between October 6, 1906, and April
1, 1909;

���� (7)� The Mexican punitive
expedition between March 14, 1916, and February
7, 1917;

���� (8)� The Mexican border
patrol, having actually participated in engagements against Mexicans between April
12, 1911, and June 16, 1919;

���� (9)� World War I, between April
6, 1917, and November 11, 1918;

���� (10)� World War II, between
September 16, 1940, and December 31, 1946, who shall have served at least 90
days in such active service, exclusive of any period of assignment (1) for a
course of education or training under the Army Specialized Training Program or
the Navy College Training Program which course was a continuation of a civilian
course and was pursued to completion, or (2) as a cadet or midshipman at one of
the service academies any part of which 90 days was served between said dates;
provided, that any person receiving an actual service-incurred injury or
disability shall be classed as a veteran whether or not that person has
completed the 90-day service as herein provided;

���� (11) Korean conflict on or
after June 23, 1950, and on or prior to January 31, 1955, who shall have served
at least 90 days in such active service, exclusive of any period of assignment
(1) for a course of education or training under the Army Specialized Training
Program or the Navy College Training Program which course was a continuation of
a civilian course and was pursued to completion, or (2) as a cadet or
midshipman at one of the service academies, any part of which 90 days was
served between said dates; provided, that any person receiving an actual
service-incurred injury or disability shall be classed as a veteran whether or
not that person has completed the 90-day service as herein provided; and
provided further, that any member classed as a veteran pursuant to this
paragraph prior to August 1, 1966, shall continue to be classed as a veteran
whether or not that person completed the 90-day service between said dates as
herein provided;

���� (12)� Lebanon crisis, on or
after July 1, 1958, who has served in Lebanon or on board any ship actively
engaged in patrolling the territorial waters of that nation for a period,
continuous or in the aggregate, of at least 14 days commencing on or before November
1, 1958 or the date of termination of that conflict, as proclaimed by the
President of the United States or Congress, whichever date of termination is
the latest, in such active service; provided, that any person receiving an
actual service-incurred injury or disability shall be classed as a veteran
whether or not that person has completed the 14 days' service as herein
provided;

���� (13)� Vietnam conflict on or
after December 31, 1960, and on or prior to May 7, 1975, who shall have served
at least 90 days in such active service, exclusive of any period of assignment
(1) for a course of education or training under the Army Specialized Training
Program or the Navy College Training Program which course was a continuation of
a civilian course and was pursued to completion, or (2) as a cadet or
midshipman at one of the service academies, any part of which 90 days was
served between said dates; and exclusive of any service performed pursuant to
the provisions of section 511(d) of Title 10, United States Code, pursuant to
an enlistment in the Army National Guard or as a reserve for service in the
Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or Coast
Guard Reserve; provided, that any person receiving an actual service-incurred
injury or disability shall be classed as a veteran whether or not that person
has completed the 90 days' service as herein provided;

���� (14)� Lebanon peacekeeping
mission, on or after September 26, 1982, who has served in Lebanon or on board
any ship actively engaged in patrolling the territorial waters of that nation
for a period, continuous or in the aggregate, of at least 14 days commencing on
or before December 1, 1987 or the date of termination of that mission, as
proclaimed by the President of the United States or Congress, whichever date of
termination is the latest, in such active service; provided, that any person
receiving an actual service-incurred injury or disability shall be classed as a
veteran whether or not that person has completed the 14 days' service as herein
provided;

���� (15)� Grenada peacekeeping
mission, on or after October 23, 1983, who has served in Grenada or on board
any ship actively engaged in patrolling the territorial waters of that nation
for a period, continuous or in the aggregate, of at least 14 days commencing on
or before November 21, 1983 or the date of termination of that mission, as
proclaimed by the President of the United States or Congress, whichever date of
termination is the latest, in such active service; provided, that any person
receiving an actual service-incurred injury or disability shall be classed as a
veteran whether or not that person has completed the 14 days' service as herein
provided;

���� (16)� Panama peacekeeping
mission, on or after December 20, 1989 or the date of inception of that
mission, as proclaimed by the President of the United States or Congress,
whichever date of inception is earliest, who has served in Panama or on board
any ship actively engaged in patrolling the territorial waters of that nation
for a period, continuous or in the aggregate, of at least 14 days commencing on
or before January 31, 1990 or the date of termination of that mission, as
proclaimed by the President of the United States or Congress, whichever date of
termination is the latest, in such active service; provided, that any person
receiving an actual service-incurred injury or disability shall be classed as a
veteran whether or not that person has completed the 14 days' service as herein
provided;

���� (17)� Operation "Desert
Shield/Desert Storm" mission in the Arabian peninsula and the Persian
Gulf, on or after August 2, 1990 or the date of inception of that operation, as
proclaimed by the President of the United States or Congress, whichever date of
inception is earliest, who has served in the Arabian peninsula or on board any
ship actively engaged in patrolling the Persian Gulf for a period, continuous
or in the aggregate, of at least 14 days commencing on or before the date of
termination of that mission, as proclaimed by the President of the United
States or Congress, whichever date of termination is the latest, in such active
service; provided, that any person receiving an actual service-incurred injury
or disability shall be classed as a veteran whether or not that person has
completed the 14 days' service as herein provided;

���� (18)� Operation Northern Watch
and Operation Southern Watch, on or after August 27, 1992, or the date of
inception of that operation, as proclaimed by the President of the United
States, Congress or United States Secretary of Defense, whichever date of inception
is earliest, who served in the theater of operation, including in the Arabian
peninsula and the Persian Gulf, and in direct support of that operation for a
period, continuously or in the aggregate, of at least 14 days in such active
service, commencing on or before the date of termination of that operation, as
proclaimed by the President of the United States, Congress or United States
Secretary of Defense, whichever date of termination is the latest; provided,
that any person receiving an actual service-incurred injury or disability while
engaged in such service shall be classed as a veteran whether or not that
person has completed the 14 days' service as herein provided;

���� (19)� Operation "Restore
Hope" in Somalia, on or after December 5, 1992, or the date of inception
of that operation as proclaimed by the President of the United States or
Congress, whichever date is earliest, who has served in Somalia or on board any
ship actively engaged in patrolling the territorial waters of that nation for a
period, continuously or in the aggregate, of at least 14 days in such active
service commencing on or before March 31, 1994; provided that any person
receiving an actual service-incurred injury or disability shall be classed as a
veteran whether or not that person has completed the 14-day service as herein
provided;

���� (20)� Operations "Joint
Endeavor" and "Joint Guard" in the Republic of Bosnia and
Herzegovina, on or after November 20, 1995, who served in such active service
in direct support of one or both of the operations for at least 14 days, continuously
or in the aggregate, commencing on or before June 20, 1998 and (1) was deployed
in that nation or in another area in the region, or (2) was on board a United
States naval vessel operating in the Adriatic Sea, or (3) operated in airspace
above the Republic of Bosnia and Herzegovina; provided that any person
receiving an actual service-incurred injury or disability shall be classed as a
veteran whether or not that person completed the 14-day service requirement;

���� (21)� Operation "Enduring
Freedom", on or after September 11, 2001, who served in a theater of
operation and in direct support of that operation for a period, continuously or
in the aggregate, of at least 14 days in such active service commencing on or
before the date the President of the United States or the United States
Secretary of Defense designates as the termination date of that operation;
provided, that any person receiving an actual service-incurred injury or
disability while engaged in such service shall be classed as a veteran whether
or not that person has completed the 14 days' service as herein provided; and

���� (22)� Operation "Iraqi
Freedom", on or after the date the President of the United States or the
United States Secretary of Defense designates as the inception date of that
operation, who served in Iraq or in another area in the region in direct
support of that operation for a period, continuously or in the aggregate, of at
least 14 days in such active service commencing on or before the date the
President of the United States or the United States Secretary of Defense
designates as the termination date of that operation; provided, that any person
receiving an actual service-incurred injury or disability while engaged in such
service shall be classed as a veteran whether or not that person has completed
the 14 days' service as herein provided.

���� "Veteran" also means
any honorably discharged member of the American Merchant Marine who served
during World War II and is declared by the United States Department of Defense
to be eligible for federal veterans' benefits
]

the Adjutant General
.

����
A person who served fewer
than 90 days of active service or who served less than the entire period to
which called to active service shall be classed as a veteran if that person has
been discharged or released under conditions other than dishonorable as a
result of a service-connected disability incurred as a result of such service.

���� q.� (1)� "Widow,"
for employees of the State, means the woman to whom a member was married, or a
domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), at
least five years before the date of his death and to whom he continued to be
married or a domestic partner until the date of his death and who was receiving
at least 1/2 of her support from the member in the 12-month period immediately
preceding the member's death or the accident which was the direct cause of the
member's death.� The dependency of such a widow will be considered terminated
by the marriage of, or establishment of a domestic partnership by, the widow
subsequent to the member's death.� In the event of the payment of an accidental
death benefit, the five-year qualification shall be waived.

���� (2)� Subject to the provisions
of paragraph (3) of this subsection, "widow," for employees of public
employers other than the State, means the woman to whom a member was married at
least five years before the date of his death and to whom he continued to be
married until the date of his death and who was receiving at least 1/2 of her
support from the member in the 12-month period immediately preceding the
member's death or the accident which was the direct cause of the member's
death.� The dependency of such a widow shall be considered terminated by the
marriage of the widow subsequent to the member's death.� In the event of the
payment of an accidental death benefit, the five-year qualification shall be
waived.

���� (3)� A public employer other
than the State may adopt a resolution providing that the term "widow"
as defined in paragraph (2) of this subsection shall include domestic partners
as provided in paragraph (1) of this subsection.

���� r.� (1)�
"Compensation" means the base or contractual salary, for services as
an employee, which is in accordance with established salary policies of the
member's employer for all employees in the same position but shall not include
individual salary adjustments which are granted primarily in anticipation of
the member's retirement or additional remuneration for performing temporary or
extracurricular duties beyond the regular workday or the regular work year.

���� (2)� In the case of a person
who becomes a member of the retirement system on or after July 1, 2007,
"compensation" means the amount of base or contractual salary
equivalent to the annual maximum wage contribution base for Social Security,
pursuant to the Federal Insurance Contributions Act, for services as an
employee, which is in accordance with established salary policies of the
member's employer for all employees in the same position but shall not include
individual salary adjustments which are granted primarily in anticipation of
the member's retirement or additional remuneration for performing temporary or
extracurricular duties beyond the regular workday or the regular work year.�
This paragraph shall not apply to a person who at the time of enrollment in the
retirement system on or after July 1, 2007 transfers service credit from
another State-administered retirement system pursuant to section 14 of
P.L.1954, c.84 (C.43:15A-14), but shall apply to a former member of the
retirement system who has been granted a retirement allowance and is reenrolled
in the retirement system on or after July 1, 2007 pursuant to section 27 of
P.L.1966, c.217 (C.43:15A-57.2) after becoming employed again in a position
that makes the person eligible to be a member of the retirement system.

���� In cases where salary includes
maintenance, the retirement system shall fix the value of that part of the
salary not paid in money which shall be considered under this act.

���� For the period of July 1, 2009
through June 30, 2011, "contractual salary" for State employees shall
include across the board negotiated wage increases under a collective
negotiations agreement that were payable to all State employees covered by that
agreement notwithstanding that, by amendment to that collective negotiations
agreement, the effective date of the contractual increase has been deferred.�
For the purpose of this paragraph, "State employee" means an employee
in the Executive Branch or the Judicial Branch of State government of New
Jersey or an employee of the State University authorized to participate in the
system under subsection b. of section 73 of P.L.1954, c.84 (C.43:15A-73), but
shall not include employees of agencies authorized to participate in the system
under subsections a., c., d., e., f., and g. of section 73 of P.L.1954, c.84
(C.43:15A-73) or under P.L.1990, c.25 (C.43:15A-73.2 et al.).

���� For the period of July 1, 2009
through June 30, 2011, "contractual salary" for county and municipal
employees shall include across the board negotiated wage increases under a
collective negotiations agreement that were payable to all county or all
municipal employees covered by that agreement notwithstanding that, by
amendment to that collective negotiations agreement which has been filed with
the Division of Pensions and Benefits, the effective date of the contractual
increase has been deferred.� For the purpose of this paragraph, "county
and municipal employees" means all persons employed by a county or
municipality in this State.

(cf: P.L.2010, c.50, s.71)

���� 7.� Section 4 of P.L.2001,
c.127 (C.43:15A-24a) is amended to read as follows:

���� 4.� The State shall be liable
for any increased cost to local government employers participating in the
[
Public
Employees' Retirement System, established pursuant to P.L.1954, c.84
(C.43:15A-1 et seq.),
]

retirement system
as a result of the provisions of
[
this act,
P.L.2001, c.127
]

P.L.��� , c.��� (pending before the Legislature as this bill)
.

(cf: P.L.2001, c.127, s.4)

���� 8.� Section 2 of P.L.1963,
c.19 (C.43:15A-73.1) is amended to read as follows:

���� 2.� A member may file a
detailed statement of public employment in other states or with the United
States Government which would be eligible for credit in a State-administered
retirement system if the employment was with a public employer in this State, or
of
[
military
]

active

service in the Armed Forces of the United States
or in a Reserve Component
thereof
, or of service resulting from initial appointment or employment on
or after January 1, 2002 with a bi-state or multi-state agency established
pursuant to an interstate compact to which the State is a party which would be
eligible for credit in a State-administered retirement system if the employment
was with a public employer in this State, rendered prior to becoming a member,
for which the member desires credit, and of such other facts as the retirement
system may require.� The member may purchase credit for all or a portion of the
service evidenced in the statement up to the nearest number of years and
months, but not exceeding 10 years, provided however, that a member purchasing
that maximum credit may purchase up to five additional years
[
for additional
military
]

of active
service
[
qualifying
the member as a veteran as defined in section 6 of P.L.1954, c.84 (C.43:15A-6)
]

in the
Armed Forces of the United States or a Reserve Component thereof
.� No
application shall be accepted for the purchase of credit for
[
the
]
: (1) a
period of
service if, at the time of application, the member has a vested
right to retirement benefits in another retirement system based in whole or in
part upon that service
; or (2) a period of active service in a Reserve
Component of the Armed Forces of the United States that is concurrent with
other service described in the preceding paragraph
.� The member may
purchase credit for the service by paying into the annuity savings fund the
amount required by applying the factor, supplied by the actuary as being
applicable to the member's age at the time of the purchase, to the member's
salary at that time, or to the highest annual compensation for service in this
State for which contributions were made during any prior fiscal year of
membership, whichever is greater.� The purchase may be made in regular
installments, equal to at least 1/2 of the full normal contribution to the
retirement system, over a maximum period of 10 years.� The employer of a member
who applies, pursuant to this section, to purchase credit for public employment
with the United States Government or for
[
military
]

active

service in the Armed Forces of the United States
or a Reserve Component
thereof
shall not be liable for any payment to the retirement system on
behalf of the member for the purchase of this credit.

���� Notwithstanding any provision
of this act to the contrary, a member shall not be liable for any costs
associated with the financing of pension adjustment benefits and health care
benefits for retirees when purchasing credit for public employment in other
states or with the United States Government or
[
military
]

active

service in the Armed Forces of the United States
or a Reserve Component
thereof
or with a bi-state or multi-state agency.

���� Any member electing to make a
purchase pursuant to this section who retires prior to completing payments as
agreed with the retirement system will receive pro rata credit for the purchase
prior to the date of retirement, but if the member so elects at the time of
retirement, the member may make the additional lump sum payment required at
that time to provide full credit.

���� Notwithstanding any other
provision of law to the contrary, service credit established in the retirement
system by a member through purchase in accordance with this section, which
purchase was made by an application submitted on or after the effective date of
P.L.2008, c.89, except a purchase for
[
military
]

active

service in the Armed Forces of the United States
or a Reserve Component
thereof
, shall not be eligible for consideration when service is used to
determine the qualification of the member for any health care benefits coverage
paid, in whole or in part, by a public employer after the member's retirement.

(cf: P.L.2008, c.89, s.4)

���� 9.� Section 3 of P.L.1991,
c.153 (C.43:16A-11.11) is amended to read as follows:

���� 3.� A member of the Police and
Firemen's Retirement System may file a detailed statement of public employment
in other states or with the United States Government which would be eligible
for credit in a State-administered retirement system if the employment was with
a public employer in this State, or of
[
military
service
]

active service
in the Armed Forces of the United States
or in a
Reserve Component thereof
, rendered prior to becoming a member, for which
the member desires credit, and of such other facts as the retirement system may
require.� The member may purchase credit for all or a portion of the service
evidenced in the statement up to the nearest number of years and months, but
not exceeding 10 years, provided however, that a member purchasing that maximum
credit may purchase up to five additional years
[
for additional military
]

of active

service
[
qualifying
the member as a veteran as defined in section 1 of P.L.1983, c.391
(C.43:16A-11.7)
]

in the Armed Forces of the United States or a Reserve Component thereof
.�
No application shall be accepted for the purchase of credit for
[
the
]
: (1) a
period of
service if, at the time of application, the member has a vested
right to retirement benefits in another retirement system based in whole or in
part upon that service
; or (2) a period of active service in a Reserve
Component of the Armed Forces of the United States that is concurrent with
other service described in the preceding paragraph
.

���� The member may purchase credit
for the service by paying into the annuity savings fund the amount required by
applying the factor, supplied by the actuary as being applicable to the
member's age at the time of the purchase, to the member's salary at that time,
or to the highest annual compensation for service in this State for which
contributions were made during any prior fiscal year of membership, whichever
is greater.� The purchase may be made in regular installments equal to at least
1/2 of the full normal contribution to the retirement system, over a maximum
period of 10 years.� The employer of a member who applies, pursuant to this
section, to purchase credit for public employment with the United States
Government or for military service in the Armed Forces of the United States
shall not be liable for any payment to the retirement system on behalf of the
member for the purchase of this credit.

���� Notwithstanding any provision
of this act to the contrary, a member shall not be liable for any costs
associated with the financing of pension adjustment benefits and health care
benefits for retirees when purchasing credit for public employment in other
states or with the United States Government or
[
military
]

active

service in the Armed Forces of the United States
or a Reserve Component
thereof
.

���� Any member electing to
purchase the service who retires prior to completing payments as agreed with
the retirement system will receive pro rata credit for service purchased prior
to the date of retirement, but if the member so elects at the time of retirement,
the member may make the additional lump sum payment required at that time to
provide full credit.

(cf: P.L.1991, c.153, s.3)

���� 10.� (New section)
Notwithstanding any other law to the contrary, a resident of this State who is
in active service in the Armed Forces of the United States or is a member of a
Reserve Component thereof, and has not been discharged or released therefrom,
but who otherwise qualifies as a veteran, shall be eligible for a civil service
preference on the same basis as a veteran.� Instead of the evidence of
discharge or release under conditions other than dishonorable required to be
provided to the Adjutant General of the Department of Military and Veterans'
Affairs pursuant to N.J.S.11A:5-1, the applicant shall provide to the Adjutant
General, in a form and content the Adjutant General shall deem appropriate,
sufficient evidence of record of service as a person who (1) served at least 90
days of active service in the Armed Forces of the United States, excluding any
period of service for basic training or as a cadet or midshipman at one of the
service academies, or (2) served as a member of a Reserve Component of the
Armed Forces of the United States for an entire period for which called to
federal active service, not including active duty for training.

���� 11.� N.J.S.11A:5-13, section 3
of P.L.2001, c.128 (C.43:15A-24b), and section 1 of P.L.1983, c.391
(C.43:16A-11.7) are repealed.

���� 12.� This act shall take
effect immediately, but section 1 and section 3 shall take effect on the 1st
day of the calendar year following approval by the voters of an authorizing
amendment to Article VII, Section I, paragraph 2 of the Constitution of the State
of New Jersey.

STATEMENT

�����
This bill broadens the eligibility for certain
veterans' benefits by eliminating the requirement that a veteran serve during
specific wars or other periods of emergency, and, in certain instances, that a
veteran serve in a war zone.� Instead of service during specific dates or in
specific locations, the bill requires a veteran to serve for at least 90 days,
exclusive of certain types of initial training, in order to be eligible for any
of the veterans' benefits identified in the bill.� The bill also requires a
veteran of a Reserve Component of the United States Armed Forces, including the
National Guard, to serve the entire period to which called to federal active
service, exclusive of training, in order to be eligible for the veterans'
benefits.� A veteran who is discharged as the result of a service-connected
disability will be eligible even if the veteran has not completed the 90 day
service period or the period to which called to federal active service.

���� The benefits that an eligible
veteran could apply for are (1) a civil service hiring preference under Title
11A of the New Jersey Statutes; (2) a veteran's retirement allowance under the
Teachers' Pension and Annuity Fund (TPAF) or the Public Employees' Retirement
System (PERS); and (3) the purchase of additional military service credit in
the Police and Firemen's Retirement System (PFRS), TPAF and PERS.� In addition,
the surviving spouse of a veteran or of a member of the Armed Forces of the
United States or a Reserve Component thereof killed while in active service is
eligible in certain instances for a civil service preference.

���� The bill also provides that an
active service member of the United States Armed Forces or a member of a
Reserve Component thereof, including the National Guard, who has not been
discharged from service is eligible for the civil service hiring preference provided
that the member otherwise qualifies as a veteran.

���� Eligibility for civil service
hiring preference is contingent upon voter approval of an authorizing amendment
to the State Constitution.