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A4098
ASSEMBLY, No. 4098
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 19, 2026
Sponsored by:
Assemblyman� WAYNE P. DEANGELO
District 14 (Mercer and Middlesex)
SYNOPSIS
���� Raises mandatory retirement age for SPRS members from
55 to 60.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning the mandatory retirement age for
members of the State Police Retirement System and amending P.L.1965, c.89.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 8 of P.L.1965,
c.89 (C.53:5A-8) is amended to read as follows:
���� 8.��� a.�� The Legislature
finds and declares that the public health, safety and welfare require the
ongoing health and fitness of all members of the New Jersey State Police so
that they may safely and efficiently protect the public.� The Legislature
further finds and declares that such continued health and fitness cannot be
determined except with reference to age, and therefore finds and concludes that
retirement of all members of the State Police at age 55, except as provided for
in subsection c. of this section,
and that, after the effective date of
P.L.�� , c.��� (pending before the Legislature as this bill), retirement of all
members of the State Police at age 60,
shall constitute a bona fide
occupational qualification which is reasonably necessary to the normal
operation of the State Police, which qualification the Legislature hereby
promulgates and establishes.
���� b.��� Any member of the
retirement system may retire on a service retirement allowance upon having
established at least 20 years of creditable service in the retirement system,
which includes the creditable service of those members appointed to the
Division of State Police under section 3 of P.L.1983, c.403 (C.39:2-9.3) and
the creditable service of those members appointed to the Division of State
Police under section 1 of P.L.1997, c.19 (C.53:1-8.2).� Upon the filing of a
written and duly executed application with the retirement system, setting forth
at what time, not less than one month subsequent to the filing thereof, he
desires to be retired, any such member retiring for service shall receive a
service retirement allowance which shall consist of:
���� (1)�� An annuity which shall
be the actuarial equivalent of his aggregate contributions; and
���� (2)�� A pension in the amount
which, when added to the member's annuity, will provide a total retirement
allowance of 50% of his final compensation.
���� c.���� Except for the
Superintendent of State Police, any member of the retirement system, including
a member appointed to the State Police under section 3 of P.L.1983, c.403
(C.39:2-9.3) and a member appointed to the State Police under section 1 of
P.L.1997, c.19 (C.53:1-8.2), who has attained the age of 55 years, shall be
retired forthwith on the first day of the next calendar month following the
effective date of this 1985 amendatory act.� Any member of the retirement
system so retired shall receive a service retirement allowance pursuant to this
section or section 27 of P.L.1965, c.89 (C.53:5A-27), as appropriate.
���� d.��� Any member of the
retirement system who is required to retire pursuant to subsection c. of this
section and who has more than 20 but fewer than 25 years of creditable service
at the time of retirement shall be entitled to continued health benefits coverage
during retirement as provided in the "New Jersey State Health Benefits
Program Act," P.L.1961, c.49 (C.52:14-17.25 et seq.).� Notwithstanding the
provisions of section 8 of P.L.1961, c.49 (C.52:14-17.32), or any other law
enacted prior to the effective date of P.L.2018, c.63 requiring persons who
have retired from public employment to make contributions toward the cost of
health care benefits coverage in retirement, to the contrary, the State shall
pay in full the premium or periodic charge for the benefits provided under this
subsection to a member retiring under subsection c. of this section with fewer
than 25 years of service credited in the retirement system, and the member's
dependents covered under the program, but not including survivors.� This provision
shall be the sole provision applicable to these specified members of the
retirement system with regard to the obligations of the State for the payment
of premiums and periodic charges and any contributions toward the cost of
health care benefits coverage during retirement for a retired member and the
member's dependents.
���� e.���� Any member of the
retirement system as of the effective date of P.L.1985, c.175 who is required
to retire pursuant to subsection c. of this section shall be entitled to the
retirement allowance provided for by subsection b. of this section,
notwithstanding that the member shall have fewer than 20 years' creditable
service.
���� f.���� Any member of the
retirement system as of the effective date of P.L.1985, c.175 who is required
to retire pursuant to subsection c. of this section and who has more than 20
but less than 25 years of creditable service at the time of retirement shall be
entitled to the retirement allowance provided for by subsection b. of this
section plus 3% of his final compensation multiplied by the number of years of
creditable service over 20 but not over 25.
���� g.��� Upon the receipt of
proper proofs of the death of a member who has retired on a service retirement
allowance, there shall be paid to the member's beneficiary an amount equal to
one-half of the final compensation received by the member.
(cf: P.L.2019, c.251, s.2)
���� 2.��� Section 9 of P.L.1965,
c.89 (C.53:5A-9) is amended to read as follows:
���� 9.��� a.�� Upon the written
application by a member in service, by one acting in his behalf or by the
State, any member, under 55 years of age,
or under 60 years of age for an application
submitted after the effective date of P.L.�� , c.��� (pending before the
Legislature as this bill),
who has had four or more years of creditable
service as a State policeman, or four or more years of creditable service as a
person formerly employed by the Division of Motor Vehicles or the Division of
State Police prior to appointment as provided in section 3 of P.L.1983, c.403
(C.39:2-9.3), or four or more years of creditable service as a person formerly
employed by the Alcoholic Beverage Control Enforcement Bureau, the State
Capitol Police Force, or the Bureau of Marine Law Enforcement prior to
appointment as provided in section 1 of P.L.1997, c.19 (C.53:1-8.2), may be
retired, not less than one month next following the date of filing such
application with the retirement system, on an� ordinary disability retirement
allowance; provided, that the medical board, after a medical examination of
such member, shall certify that such member is mentally or physically incapacitated
for the performance of his usual duty and of any other available duty in the
Division of State Police which the Superintendent of State Police is willing to
assign to him and that such incapacity is likely to be permanent and of such an
extent that he should be retired.
���� b.��� Upon retirement for
ordinary disability, a member shall receive an ordinary disability retirement
allowance which shall consist of:
���� (1)�� An annuity which shall
be the actuarial equivalent of his aggregate contributions; and
���� (2)�� A pension in the amount
which, when added to the member's annuity, will provide a total retirement
allowance of 1 1/2% of final compensation multiplied by his number of years of
creditable service, but in no event shall the total allowance be less than 40%
of final compensation.
���� c.���� Notwithstanding the
provisions of subsection b. of this section, a member of the retirement system
who has more than 20 but less than 25 years of creditable service and who is
required to retire pursuant to subsection a. of this section upon application by
the State made on or after October 1, 1988, shall receive an ordinary
disability retirement allowance which shall consist of:
���� (1)�� An annuity which shall
be the actuarial equivalent of the member's aggregate contributions; and
���� (2)�� A pension in the amount
which, when added to the member's annuity, will provide a total retirement
allowance of 50% of final compensation plus 3% of final compensation multiplied
by the number of years of creditable service over 20 but not over 25.
���� Any increase in the disability
retirement allowance of a member who was required to retire on or after October
1, 1988 and prior to the effective date of this amendatory and supplementary
act, P.L.1989, c.308, shall be retroactive to the date of retirement.
���� d.��� Upon the receipt of
proper proofs of the death of a member who has retired on an ordinary
disability retirement allowance, there shall be paid to the member's
beneficiary an amount equal to three and one-half times the final compensation
received by the member in the last year of creditable service; provided,
however, that if such death shall occur after the member shall have attained 55
years of age,
or attained 60 years of age for a member who retired after the
effective date of P.L.�� , c.��� (pending before the Legislature as this bill),
the amount payable shall equal one-half of such compensation instead of three
and one-half times such compensation.
(cf: P.L.1997, c.19, s.10)
���� 3.��� Section 10 of P.L.1965,
c.89 (C.53:5A-10) is amended to read as follows:
���� 10.� a. Upon the written
application by a member in service, by one acting in his behalf or by the
State, any member may be retired, not less than one month next following the
date of filing such application, on an accidental disability retirement
allowance, provided that the medical board, after a medical examination of such
member, shall certify that the member is permanently and totally disabled as a
direct result of a traumatic event occurring during and as a result of the
performance of his regular or assigned duties and that such disability was not
the result of the member's willful negligence and that such member is mentally
or physically incapacitated for the performance of his usual duties in the
Division of State Police which the Superintendent of State Police is willing to
assign to him.
���� A member with a preexisting
and asymptomatic condition that is rendered symptomatic as a direct result of a
traumatic event occurring during and as a result of the performance of the
member's regular or assigned duties may be eligible for an accidental disability
retirement allowance, provided that the traumatic event is caused by a
circumstance external to the member and is the substantial contributing cause
of the member's permanent and total disability.
���� The application to accomplish
such retirement must be filed within five years of the original traumatic
event, but the board of trustees may consider an application filed after the
five-year period if it can be factually demonstrated to the satisfaction of the
board of trustees that the disability is due to the accident and the filing was
not accomplished within the five-year period due to a delayed manifestation of
the disability or to the member's continued employment in a restricted capacity
consistent with the nature of his disability in the Division of the State
Police upon and at the written request of the superintendent, with the
concurrence of the Attorney General, or to other circumstances beyond the
control of the member.
���� b.��� Upon retirement for
accidental disability, a member shall receive an accidental disability
retirement allowance which shall consist of:
���� (1)�� An annuity which shall
be the actuarial equivalent of his aggregate contributions; and
���� (2)�� A pension in the amount
which, when added to the member's annuity, will provide a total retirement
allowance of 2/3 of his final compensation.
���� c.���� Upon the receipt of
proper proofs of the death of a member who has retired on an accidental
disability retirement allowance, there shall be paid to the member's
beneficiary an amount equal to 3 1/2 times the final compensation received by
the member in the last year of creditable service; provided, however, that if
such death shall occur after the member shall have attained 55 years of age
,
or attained 60 years of age for a member who retired after the effective date
of P.L.�� , c.��� (pending before the Legislature as this bill),
the amount
payable shall equal 1/2 of such compensation instead of 3 1/2 times such
compensation.
���� d.��� Permanent and total
disability resulting from a cardiovascular, pulmonary, or musculoskeletal
condition which was not a direct result of a traumatic event occurring in the
performance of duty shall be deemed an ordinary disability.
���� e. (1) For purposes of this
subsection:
���� "Qualifying condition or
impairment of health" includes:
���� diseases of the upper
respiratory tract and mucosae, including conditions such as conjunctivitis,
rhinitis, sinusitis, pharyngitis, laryngitis, vocal cord disease, upper airway
hyperreactivity and tracheobronchitis, or a combination of such conditions;
���� diseases of the lower
respiratory tract, including but not limited to bronchitis, asthma, reactive
airway dysfunction syndrome, and different types of pneumonitis, such as
hypersensitivity, granulomatous, or eosinophilic;
���� diseases of the
gastroesophageal tract, including esophagitis and reflux disease, either acute
or chronic, caused by exposure or aggravated by exposure;
���� diseases of the psychological
axis, including post-traumatic stress disorder, anxiety, depression, or any
combination of such conditions;
���� diseases of the skin, such as
contact dermatitis or burns, either acute or chronic in nature, infectious,
irritant, allergic, idiopathic or non-specific reactive in nature, caused by
exposure, or aggravated by exposure; and
���� new onset diseases resulting
from exposure as such diseases occurring in the future including cancer,
chronic obstructive pulmonary disease, asbestos-related disease, heavy metal
poisoning, musculoskeletal disease, and chronic psychological disease.
���� "World Trade Center
rescue, recovery, or cleanup operations" means the rescue, recovery, or
cleanup operations at the World Trade Center site between September 11, 2001
and October 11, 2001.
���� "World Trade Center
site" means any location below a line starting from the Hudson River and
Canal Street, east on Canal Street to Pike Street, south on Pike Street to the
East River, and extending to the lower tip of Manhattan.
���� (2) Notwithstanding any
provision of subsection a. of this section or any other law to the contrary,
for a member who participated, whether or not under orders or instruction by an
employer to so participate, in World Trade Center rescue, recovery, or cleanup
operations for a minimum of eight hours, permanent and total disability
resulting from a qualifying condition or impairment of health shall be presumed
to have occurred during and as a result of the performance of the member's
regular or assigned duties and not the result of the member's willful
negligence, unless the contrary can be proved by competent evidence.
���� A member who did not
participate in such operations for a minimum of eight hours shall be eligible
for the presumption provided that:
���� the member participated in the
rescue, recovery, or cleanup operations at the World Trade Center site between
September 11, 2001 and September 12, 2001;
���� the member sustained a
documented physical injury at the World Trade Center site between September 11,
2001 and September 12, 2001 that is a qualifying condition or impairment of
health resulting in a disability to the member that prevented the member from
continuing to participate in World Trade Center rescue, recovery, or cleanup
operations for a minimum of eight hours; and
���� the documented physical injury
that resulted in a disability to the member that prevented the member from
continuing to participate in World Trade Center rescue, recovery, or cleanup
operations for a minimum of eight hours is the qualifying condition or impairment
of health for which the member seeks a presumption under this subsection.
���� In order to be eligible for
the presumption provided under this subsection, a member shall have
successfully passed a physical examination for entry into public service or
shall present such sufficient evidence of one or more medical examinations or
results performed within a reasonable period of time before or after entry into
public service, which failed to disclose evidence of the qualifying condition
or impairment of health that formed the basis for the permanent and total
disability.
���� (3) A member who participated
in the World Trade Center rescue, recovery, or cleanup operations for a minimum
of eight hours and subsequently retired on a service retirement, special
retirement, accidental disability retirement, or an ordinary disability
retirement and thereafter incurred a disability caused by a qualifying
condition or impairment of health which the medical board determines to be
caused by participation in World Trade Center rescue, recovery, or cleanup
operations shall be eligible to apply to the board of trustees to have the
retiree's retirement allowance recalculated as an accidental disability
retirement allowance for benefit payments on or after the date of the
application, provided the retiree filed an application for such recalculation
within 180 days of the date that the retiree knew or should have known of the
existence of such disability and its relation to the rescue, recovery, or
cleanup operations.� In order to be eligible for such recalculation, the
retiree shall have successfully passed a physical examination for entry into
public service or shall present such sufficient evidence of one or more medical
examinations or results performed within a reasonable period of time before or
after entry into public service, which failed to disclose evidence of the
qualifying condition or impairment of health that formed the basis for the
disability.
���� If a retiree previously filed
an eligibility registration form with the State Police Retirement System and
the retiree was denied because the retiree did not file within the required
registration period in effect prior to the effective date of P.L.2025, c.117,
the retiree shall be permitted to petition the board of trustees for
reconsideration.
���� (4) The board of trustees may
promulgate rules and regulations that the board determines are necessary to
implement the provisions of this subsection.
���� A member or retiree shall not
be eligible for the presumption or recalculation under this subsection unless
the member or retiree files a written and sworn statement with the retirement
system on a form provided by the board of trustees thereof indicating the dates
and locations of service.�
���� (5) This subsection shall
apply regardless of whether the member or retiree, who is otherwise eligible,
was enrolled in the retirement system at the time of participation in World
Trade Center rescue, recovery, or cleanup operations as specified herein.
(cf: P.L.2025, c.117, s.3)
���� 4.��� Section 28 of P.L.1965,
c. 89 (C.53:5A-28) is amended to read as follows:
���� 28�� a.�� Should a member,
after having established 10 years of creditable service� as a full time
commissioned officer, noncommissioned officer or trooper of the� Division of
State Police, be separated voluntarily or involuntarily from the� service,
before reaching age 55,
or before reaching age 60 for a member who is separated
voluntarily or involuntarily from the� service after the effective date of
P.L.�� , c.��� (pending before the Legislature as this bill),
and not by
removal for cause on charges of� misconduct or delinquency, such person may
elect to receive the payments� provided for in section 26 or 27 or a deferred
retirement allowance, beginning� on the first day of the month following his
attainment of age 55
, or age 60 as appropriate,
and the filing� of an
application therefor, which shall consist of:
���� (1)�� An annuity which shall
be the actuarial equivalent of his aggregate contributions at the time of his
severance from the service, and
���� (2)�� A pension in the amount
which, when added to the member's annuity, will� provide a total retirement
allowance of 2% of his final compensation multiplied� by his number of years of
creditable service up to 25 plus 1% of his final� compensation multiplied by
his number of years of creditable service over 25,� provided that such inactive
member may elect to receive payments provided under� section 26 or 27 if he had
qualified under that latter section at the time of� leaving service, except
that in order to avail himself of the option, he must� exercise such option at
least 1 month before the effective date of his� retirement.� If such inactive
member shall die before attaining age 55,
or age 60 as appropriate,
his�
aggregate contributions shall be paid in accordance with section 26 and, in�
addition if such inactive member shall die after attaining age 55,
or age 60
as appropriate,
but before� filing an application for retirement benefits
pursuant to this section or� section 27 and for which benefits he would have
qualified and has not withdrawn� his aggregate contributions, or in the event
of death after retirement, an� amount equal to one-half of the final
compensation received by the member shall� be paid to such member's
beneficiary.
���� b.��� (Deleted by amendment.)
���� c.���� Any member who, having
elected to receive a deferred retirement allowance, again becomes an employee
covered by the retirement system while under the age of 55
, under age 60 as
appropriate
, shall thereupon be reenrolled.� He shall be credited with all
service as a member standing to his credit at the time of his election to
receive a deferred retirement allowance.
(cf: P.L.1981, c.177, s.6)
���� 5.��� This act shall take
effect immediately.
STATEMENT
���� This bill raises the mandatory
retirement age for members of the State Police Retirement System from 55 to 60.