Provides law enforcement officer benefits to certain public employees enrolled in PERS; prohibits appointment by State or county of public employees after age 35 in certain positions eligible for PFRS.

A5296

ASSEMBLY, No. 5296

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED JUNE 23, 2026

Sponsored by:

Assemblyman� ANTHONY ANGELOZZI

District 8 (Atlantic and Burlington)

SYNOPSIS

���� Provides law enforcement officer benefits to certain
public employees enrolled in PERS; prohibits appointment by State or county of
public employees after age 35 in certain positions eligible for PFRS.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning age restrictions and retirement benefits for
certain public employees and amending and supplementing various parts of the
statutory law.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.� (New section)� Notwithstanding
any law, rule, or regulation to the contrary, any person employed on the
effective date of P.L. , c. (pending before
the Legislature as this bill) by the State, a county, fire district, school
district, or a municipality, or agency thereof, who holds a position as a �law
enforcement officer� as defined by section 1 of P.L.1955, c. 257 (C.43:15A-97)
and who was enrolled in the Public Employees� Retirement System prior to the effective
date of P.L.��� , c.����� (pending before the Legislature as this bill) shall
be enrolled as a participant in the law enforcement officer category of the
system within 90 days of that effective date, unless the member signs a waiver
of participation.� The Division of Pensions and Benefits in the Department of
the Treasury shall provide notice to all individuals eligible to be enrolled in
the law enforcement officer category of the system within 30 days following the
effective date of P.L.��� , c.����� (pending before the Legislature as this
bill) along with instructions on how a member may waive participation in the
law enforcement officer category of the system.� The member shall have 60 days
to sign and return the provided waiver of participation form.� A member who
signs the waiver shall remain enrolled as a non-law enforcement officer in the
Public Employees� Retirement System and the member shall not be subject to
compulsory retirement as provided in section 3 of P.L.1955, c.257
(C.43:15A-99).

���� Any member who is enrolled as
a participant of the law enforcement officer category of the system in
accordance with this section shall be eligible for all the benefits and shall
be subject to all the requirements set forth in P.L.1955, c.257 (C.43:15A-97 et
seq.) from the date the member is made a participant.� All service credit earned
by the member in a position eligible for participation in the category shall be
considered service credit as a law enforcement officer in that category when
the member is enrolled as a participant of the law enforcement officer category.

���� In the event that the actuary
of the Public Employee�s Retirement System determines that a liability has been
incurred by the provisions of P.L.��� , c.����� (pending before the Legislature
as this bill), the employee shall be responsible for the amount equal to the
difference between the value of their prior service and their transfer to the
law enforcement section of the system. �The payment may be made in a lump sum
or in regular monthly installments equal to at least fifty percent of the
employee's normal contribution to the retirement system over a period not to
exceed 10 years, as the employee may elect, pursuant to rules and regulations
as may be promulgated by the board of trustees.

���� 2.� (New section)� Notwithstanding
any other law, rule, or regulation to the contrary, on or after the effective
date of P.L. , c. (pending
before the Legislature as this bill), no person who is over the age of 35 years
shall be appointed by a county or the State to a position that is eligible for
enrollment in the Police and Firemen�s Retirement System, established pursuant
to P.L.1944, c.255 (C.43:16A-2 et seq.).

���� Wherein Title 11A (Civil
Service) of the New Jersey Statutes is operative, any person who shall have met
the age requirement herein at the announced closing date of a civil service
examination for the position shall be considered within the age requirement
while the civil service list promulgated as a result of that examination is in
effect.

���� Nothing herein contained shall
affect the employment or continuance in office of any person employed prior to
the effective date of P.L.��� , c.����� (pending before the Legislature as this
bill).

���� 3.� Section 1 of P.L.1955,
c.257 (C.43:15A-97) is amended to read as follows:

���� 1.��� "Law enforcement
officer" shall mean any permanent and full-time employee of the State of
New Jersey holding one of the following titles: motor vehicles officer, motor
vehicles sergeant, motor vehicles lieutenant, motor vehicles captain, assistant
chief, bureau of enforcement, and chief, bureau of enforcement in the Division
of Motor Vehicles, and highway patrol officer, sergeant highway patrol bureau,
lieutenant highway patrol bureau, captain highway patrol bureau, assistant
chief highway patrol bureau, chief highway patrol bureau in the Division of
State Police, and inspector, investigator, and administrative inspector in the
Division of Alcoholic Beverage Control, and inspector recruit alcoholic
beverage control, inspector alcoholic beverage control, senior inspector
alcoholic beverage control, principal inspector alcoholic beverage control,
supervising inspector alcoholic beverage control in the Division of State
Police, and conservation police officer, assistant district conservation police
officer and district conservation police officer in the Division of Fish and
Wildlife in the Department of Environmental Protection, and assistant chief
marine police and senior marine patrolman in the Division of Resource
Development, and marine police officer, senior marine police officer, principal
marine police officer in the Division of State Police, and inspector, officer,
senior inspector, and principal inspector in the Division of Shell Fisheries,
any permanent and full-time active county detective,
sergeant of county
detectives,
lieutenant of county detectives, captain of county detectives,
chief of county detectives, and county investigator in the offices of the
county prosecutors, and sheriff's officer, sergeant sheriff's officer,
lieutenant sheriff's officer, captain sheriff's officer, chief sheriff's
officer, and sheriff's investigator in the offices of the county sheriffs, and
any patrolman or other police officer of the Board of Commissioners of the
Palisades Interstate Park appointed pursuant to R.S.32:14-21.�
The term
shall also mean county corrections police officer, county corrections police
sergeant, county corrections police lieutenant, county corrections police
captain, and investigator in a county department of corrections, and officer,
detective, sergeant, lieutenant, and captain of a county police department,
State corrections officer and detective and investigator in the Division of
Criminal Justice in the Department of Law and Public Safety, sheriff�s
corrections police officer, sheriff�s corrections police sergeant, sheriff�s
corrections police lieutenant, and sheriff�s corrections police captain,
Burlington County Bridge Commission police officer, Burlington County Bridge
Commission police sergeant, Burlington County Bridge Commission police
lieutenant, and Burlington County Bridge Commission police captain, Cherry Hill
campus police officer, any permanent and full time firefighter, emergency
medical technician, and public safety dispatcher employed by the State, a
county, fire district, or a municipality, or agency thereof, Parole Officer,
Senior Parole Officer, Parole Sergeant or Assistant District Parole Officer,
Parole Lieutenant or District Parole Supervisor, Parole Captain, Deputy Chief
of Parole and Chief of Parole.

���� If the Prison Officers'
Pension Fund is terminated as provided in section 10 hereof, "law
enforcement officer" shall also mean any permanent and full-time active
employee of the State of New Jersey holding the title of correction officer,
correction sergeant, correction lieutenant, correction captain or deputy keeper
in the Division of Correction and Parole, or any member of the Prison Officers'
Pension Fund on the date of such termination.

(cf: P.L.2019, c.407, s.20)

���� 4. �This act shall take effect
immediately.

STATEMENT

���� This bill provides for law
enforcement officer benefits for certain public employees enrolled in the
Public Employees� Retirement System (PERS) and prohibits hiring by the State or
any county of public employees after age 35 in positions eligible for enrollment
in the Police and Firemen�s Retirement System (PFRS).

���� Under current law, certain
individuals holding specified titles are eligible to receive enhanced benefits
through the law enforcement officer category of PERS, known as PERS-LEO.� This
bill amends the definition of �law enforcement officer� to include additional
titles.

���� Under the bill, any person
employed on the effective date of the bill by the State, a county, fire
district, school district, or a municipality, who holds a position as a �law
enforcement officer� and who was enrolled in PERS prior to the bill�s effective
date will be enrolled as a participant in the law enforcement officer category
of PERS within 90 days of that effective date, unless the member signs a waiver
of participation.� The Division of Pensions and Benefits in the Department of
the Treasury will provide notice to all individuals eligible to be enrolled in
the law enforcement officer category of the system within 30 days following the
bill�s effective date, along with instructions on how a member may waive
participation in the law enforcement officer category of the system.� The
member will have 60 days to sign and return the waiver of participation form
provided.� A person who waived enrollment will remain enrolled as a non-law
enforcement officer in PERS and the member will not be subject to compulsory
retirement as provided under current law.

���� Under the bill, any member who
is enrolled as a participant of the law enforcement officer category of the
system will be eligible for all the benefits and subject to all the
requirements for members of that category from the date the member is made a
participant.� All service credit earned by the member in a position eligible
for participation in the law enforcement category will be considered service
credit as a law enforcement officer in that category when the member is
enrolled as a participant of the law enforcement officer category.

���� The bill further provides
that, in the event that the PERS actuary determines that a liability has been
incurred by the provisions of this bill, the employee will be responsible for
the amount equal to the difference between the value of their prior service and
their transfer to the law enforcement section of the system. �The payment may
be made in a lump sum or in regular monthly installments equal to at least fifty
percent of the employee's normal contribution to the retirement system over a
period not to exceed 10 years, as the employee may elect, pursuant to rules and
regulations as may be promulgated by the board of trustees.

���� The bill also prohibits the
State or counties from appointing any individual over the age of 35 to a
position that is eligible for enrollment in Police and Firemen�s Retirement
System (PFRS).� However, where civil service laws apply, any person who meets
the age requirements at the announced closing date of a civil service
examination will be considered within the age requirement while the civil
service list promulgated as a result of that examination is in effect.