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A2258
ASSEMBLY, No. 2258
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman MARGIE DONLON, M.D.
District 11 (Monmouth)
SYNOPSIS
���� Allows cities to close existing life guard pension
plans to new entrants and modifies certain life guard pension benefits; makes
new life guard pension plans permissive.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning the pension benefits of members of a life guard
force, amending various parts of the statutory law, and supplementing chapter
13 of Title 43 of the Revised Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.� R.S.43:13-24 is amended to
read as follows:
���� 43:13-24.
[
In
]
Except as
provided pursuant to section 7 of P.L. , c.�� (C.�� )
(pending before the Legislature as this bill), in
all cities of the fourth
class any member of the life guard force, whether employed as an officer or a
guard, who has or shall have served on such force for a period of twenty years,
and shall have attained the age of forty-five years, and for a period of ten
years preceding his application has been continuously in such service, may,
either by the governing body of any such city or upon his own application, be
retired upon half pay.
(cf: R.S.43:13-24)
���� 2. R.S.43:13-25 is amended to
read as follows:
���� 43:13-25.
[
An
]
Except as
provided pursuant to section 7 of
P.L. , c. (C.�� ) (pending before the
Legislature as this bill), an
officer or member of the life guard force who
shall have received permanent disability in the performance of his duty shall,
upon the certificate� of the beach surgeon, or other physician designated by
the governing body, be� retired on a pension equal to one-half of his salary at
the time of� retirement.
(cf: R.S.43:13-25)
���� 3. R.S.43:13-26 is amended to
read as follows:
���� 43:13-26.
[
The
]
Except as
provided pursuant to section 7 of P.L. , c.�� (C.�� ) (pending
before the Legislature as this bill), the
widow of a life guard, officer or
member of the life guard force who loses his life in the performance of his
duty, dies from natural causes or has been retired on pension shall receive a
pension, so long as she remains unmarried equal to one-half of the amount of
the annual salary of her husband at the time of his death.� At her death, or if
there is no widow or she remarries, her minor child or children shall receive
the pension for their support until the youngest reaches sixteen years of age.�
If there are no children under sixteen years of age, the pension shall be paid
to the dependent� parent or parents of such life guard officer or life guard.
(cf: R.S.43:13-26)
���� 4.� R.S.43:13-27 is amended to
read as follows:
���� 43:13-27. �For the purpose of
paying the pensions hereunder,
except as provided pursuant to section 7 of P.L.�� , c.�� (C.�� ) (pending
before the Legislature as this bill),
a fund shall be created as� follows:
���� a.� There shall be deducted
from every payment of salary to each member of the life guard force in the city
four per cent of the amount thereof.
���� b.� The city shall raise by
taxation and pay into the fund yearly an amount� equal to four per cent of the
total salaries paid to members of the life guard� force.
���� c.� Any fines imposed upon a
member of the force, money given or donated for� the purpose of the fund, money
deducted from the salary of a member of the� force because of absence or loss
of time and half of any reward paid to the� force or any member thereof shall
be added to the fund.
����
d.
If at any time there
is not sufficient money in the pension fund for the purposes thereof, the
governing body shall include in any tax levy a sum in addition to amounts
theretofore contributed which shall be sufficient to meet the requirements of
the fund.� This sum shall be raised by tax levy no longer than is necessary to
meet the requirements of the fund.� Whenever the fund exceeds an amount which
the governing body by resolution from time to time determines to be adequate
for the fund, no moneys, except the four per cent of salaries and the fines,
donations and rewards specified in this section, shall be paid into the fund
unless and until the fund falls below the amount so determined to be adequate.
����
e. Any current or former
member of the life guard force who does not qualify for a pension shall
receive, upon the filing of an application therefore, a return of all
accumulated deductions standing to the credit of the member, plus regular
interest as determined by the life guard pension commission.
(cf: R.S.43:13-27)
���� 5. R.S.43:13-28 is amended to
read as follows:
���� 43:13-28.
[
The
]
Except as
provided pursuant to section 7 of P.L. , c.�� (C.�� ) (pending
before the Legislature as this bill), the
mayor or chief executive officer
shall appoint, with the advice and consent of the governing body of the city, a
life guard pension commission of four members.� One member shall be a superior
officer of the life guard force, one a life guard and two citizens who are not
members of the force. They shall serve for a term of four years and until their
successors are appointed and have qualified and shall not receive any
compensation for their services. Each� person so appointed shall take an oath
of office before the mayor or other� chief executive officer of the city that
he will faithfully discharge the� duties of his office.
(cf: R.S.43:13-28)
���� 6.� R.S.43:13-29 is amended to
read as follows:
���� 43:13-29. The life guard
pension commission shall have the management and control of the fund and may
make all necessary rules and regulations not inconsistent with this article
and
section 7 of P.L.�� , c.�� (C.�� ) (pending before the Legislature as this
bill)
.
���� All moneys belonging to the
fund shall be paid over to the city treasurer, who shall give bond in such
amount, from time to time, as the governing body of� the city determines.� All
moneys not needed for the immediate payment of the� pensions shall be invested
by the life guard pension commission in interest� bearing bonds of the city or
in other interest bearing securities in which� savings banks of this state may
invest their funds.� No moneys shall be paid� out of the fund by the treasurer
except upon the warrant of the life guard� pension commission, to be signed by
such member or members of the commission as shall be designated by the
commission.
(cf: R.S.43:13-29)
���� 7.� (New section) a. On or
after the effective date of this act, P.L. , c.�� , the
governing body of a city of the fourth class that has established a life guard
pension plan pursuant to the provisions of this article shall be permitted to
close that existing life guard pension plan to new entrants. Any active or
retired members in a plan that is closed to new entrants pursuant to this
section shall continue to be eligible for service retirement and other
benefits, as may be provided under current law; provided, however, that the
city�s governing body may modify or terminate the offer of pension and other
benefits for active members of the pension plan who have not attained at least
10 years of service in the plan. Any current or former member of a life guard
force who does not qualify for a pension shall receive a return of all
accumulated deductions, plus regular interest, as determined by the life guard pension
commission.�
���� b.� The governing body of a
city of the fourth class that has not established a life guard pension plan on
or after the effective date of P.L.�� , c.��� (pending before the Legislature
as this bill) shall not be required to establish a life guard pension plan pursuant
to the provisions of this article.
���� 8.� This act shall take effect
immediately.
STATEMENT
���� This bill allows cities of the
fourth class that have established life guard pension plans to close such
existing pension plans to new entrants and modifies certain life guard pension
benefits. This bill also makes new life guard pension plans permissive in those
cities.
���� Under current law, cities of
the fourth class are required to establish life guard pension plans. Members of
such a city�s life guard force who have served for 20 years, are 45 years of
age, and have continuously served for a period of 10 years immediately
preceding retirement may retire with a service retirement at half pay.� Current
law also establishes certain disability retirement and death benefits for such
members. These pension funds are administered by a city�s life guard pension
commission.
���� This bill allows cities of the
fourth class to close their existing life guard pension plans to new entrants,
following the effective date of the bill. Active or retired members in those
plans would continue to be eligible for service retirement and other benefits,
as provided under current law. However, the bill allows the city�s governing
body to modify or terminate the offer of pension and other benefits for active
members of the pension plan who have not attained at least 10 years of service
in the plan. The bill also provides that any current or former member of the
life guard force who does not qualify for a pension will receive a return of
all accumulated deductions, plus regular interest as determined by the life
guard pension commission. Members are currently required to contribute 4% of
their salary to the pension fund; employers also contribute 4% of total
salaries paid to life guards to the fund.
���� Finally, the bill makes new
life guard pension plans permissive in cities of the fourth class.
���� Under current law,
specifically N.J.S.A.40A:6-4,� fourth class cities are cities bordering on the
Atlantic ocean which are seaside or summer resorts.