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S3342
SENATE, No. 3342
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 5, 2026
Sponsored by:
Senator� SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
SYNOPSIS
���� Increases statutory mandatory retirement age for
Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative
Law Judges, and Workers� Compensation Judges from 70 to 75.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning the mandatory retirement age for justices
and judges, and amending various parts of the statutory law.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� N.J.S.2B:13-7 is amended
to read as follows:
���� 2B:13-7.���� Term of Office;
Retirement.�� a.�� The judges of the Tax Court shall hold their offices for
initial terms of seven years and until their successors are appointed and
qualified, and upon reappointment shall hold their offices during good
behavior.�
���� b.��� The judges of the Tax
Court shall be retired upon attaining the age of
[
70
]
75
years, upon the same
terms and conditions as judges of the Superior Court, and shall have the same
pension rights and other benefits as judges of the Superior Court.�
(cf: N.J.S.2B:13-7)
���� 2.��� R.S.34:15-49 is amended
to read as follows:
���� 34:15-49.��� a.�� The Division
of Workers' Compensation shall have the exclusive original jurisdiction of all
claims for workers' compensation benefits under this chapter.� The judges of
the Division of Workers' Compensation shall hereinafter be appointed on a
bipartisan basis by the Governor, with the advice and consent of the Senate, to
initial terms of three years at an annual salary, for the first year, in an
amount equal to
[
75%
]
75 percent
of the annual salary of a Judge of the Superior Court.� During the initial
three-year term, each judge shall be subject to a program of evaluation
developed by the Director of the Division of Workers' Compensation.� Upon
receipt of a satisfactory annual evaluation from the director, the annual
salary of a nontenured judge shall be increased to
[
78 2/3%
]
78 2/3 percent
of the
annual salary of a Judge of the Superior Court after one year;
[
81 2/3%
]
81 2/3
percent
of the annual salary of a Judge of the Superior Court after two
years; and, after three years and upon tenure as provided pursuant to the
provisions of this section, the annual salary of a tenured judge of
compensation shall be
[
85%
]
85 percent
of the annual salary of a Judge of the Superior Court. Reappointment of a judge
shall be by the Governor, with the advice and consent of the Senate.� The
director's evaluations shall be made available to the Senate Judiciary
Committee if the candidate has been renominated by the Governor.� Upon confirmation
after the initial three-year term, a judge of the Division of Workers'
Compensation shall have tenure, and shall serve during good behavior.� All
judges of compensation appointed prior to the effective date of P.L.1991, c.513
shall continue to have tenure and shall continue to serve during good
behavior.� The annual salary of the director shall be
[
89%
]
89 percent
of the annual salary of a Judge of the Superior Court.� The Chief Judge of
Compensation shall be the Director of the Division of Workers' Compensation and
may be known as the Director/Chief Judge of the division.
���� In addition to salary, a judge
of compensation regularly assigned as an administrative supervisory judge of
compensation by the director shall receive additional compensation of $2,500
per annum during the period of such assignment; and a judge of compensation
regularly assigned as a supervising judge of compensation by the director shall
receive additional compensation of $1,500 per annum during the period of such
assignment.
���� Judges of compensation shall
not engage in the practice of law, shall devote full time to their judicial
duties, and shall have been licensed attorneys in the State of New
Jersey for 10 years prior to their appointments.� The director of the
division shall have the same qualifications for appointment and be subject to
the same restrictions as a judge of compensation.
���� All judges of compensation
shall be retired upon attaining the age of
[
70
]
75
years, except that any judge of compensation who has retired on pension or
retirement allowance may, with the judge's consent, be recalled by the Director
/Chief Judge of the Division of Workers' Compensation for service as a recalled
judge in the Division of Workers' Compensation. No recalled judge shall serve
beyond his 80th birthday.
���� Upon such recall the retired
judge shall have all the powers of a judge of compensation and shall be paid a
per diem allowance fixed by the Director/Chief Judge of the Division of
Workers' Compensation.� In addition the recalled judge shall be reimbursed for
reasonable expenses actually incurred by him in connection with his assignment
and shall be provided with such facilities as may be required in the
performance of his duties. Such per diem compensation and expenses shall be
paid by the State. Payment for services and expenses shall be made in the same
manner as payment is made to the judges of the Division of Workers'
Compensation from which he retired.
���� b.��� An increase in an annual
salary of a judge or the director under subsection a. of this section that
results due to the increase in the salary of a Judge of the Superior Court
provided in N.J.S.2B:2-4 as amended in section 1 of P.L.1995, c.424 (N.J.S.2B:2-4)
shall not be granted until July 1, 1996.
(cf: P.L.2005, c.6, s.3)
���� 3.��� Section 7 of P.L.1973,
c.140 (C.43:6A-7) is amended to read as follows:
���� 7.��� Any member of the
retirement system who has reached the age of
[
70
]
75
years shall be retired forthwith.� Any other eligible member of the retirement
system may be retired on the first day of the next calendar month subsequent to
the filing of a written and duly executed application with the retirement
system. �Such application shall be accompanied by a copy of the member's
resignation from his judicial office which he has filed in the office of the
Secretary of� State.
(cf: P.L.1973, c.304, s.2)
���� 4.��� Section 8 of P.L.1973,
c.140 (C.43:6A-8) is amended to read
as follows:
���� 8.��� a.�� Any member who
shall have served at least 10 years as a judge of the several courts and having
attained the age of 70 years,
[
shall
be retired
]
may retire
.
���� b.��� Any member who shall
have served at least 15 years as a judge of the several courts and having
attained the age of 65 years but not the age of
[
70
]
75
years, may retire.
���� c.���� Any member who shall
have served at least 20 years as a judge of the several courts and having
attained the age of 60 years but not the age of 65 years, may retire.
���� d.��� Service in the several
courts as given in subsections a., b. and c. of this section shall include
service in the office of the Chancellor, Chief Justice of the old Supreme
Court, associate justice of the old supreme court, judge of the circuit court,
Vice-Chancellor, judge of the court of errors and appeals, judge of the court
of common pleas, and advisory master to the superior court.
���� e.���� Any member of the
retirement system eligible to retire under the provisions of this section,
shall receive a retirement allowance consisting of an annuity which shall be
the actuarial equivalent of his accumulated deductions together with regular
interest, and a pension which, when added to the member's annuity, will provide
a retirement allowance during the remainder of his life in the amount equal to
three-quarters of his final salary.
(cf: P.L.1981, c.470, s.2)
���� 5.��� Section 4 of P.L.2001,
c.259 (C.43:15A-145) is amended to
read as follows:
���� 4.��� a.�� Any workers
compensation judge who has reached the age of
[
70
]
75
years shall be retired forthwith on the first day of the next calendar month.�
Any other eligible workers compensation judge may be retired on the first day
of the next calendar month subsequent to the filing of a written and duly
executed application with the retirement system.� Such application shall be
accompanied by a copy of the member's resignation which has been filed in the
office of the Director of the Division of Workers' Compensation.
���� b.��� Notwithstanding the
provisions of subsection a. of this section or any other law to the contrary, a
workers compensation judge who is 60 years of age or older on the effective
date of P.L.1999, c.380 shall be permitted to continue service as a judge until
attaining 10 years of service credit under the Workers Compensation Judges Part
of the retirement system.
(cf: P.L.2001, c.259, s.4)
���� 6.��� Section 5 of P.L.2001,
c.259 (C:43:15A-146) is amended to
read as follows:
���� 5.��� Any workers compensation
judge who has served at least 10 years as a judge of compensation and attained
at
least
the age of 70 years
[
shall
be retired
]
may retire
and shall receive the retirement allowance prescribed by this
section.
���� Any workers compensation judge
who has served at least 15 years as a judge of compensation and attained the
age of 65 years, or served at least 20 years as a judge of compensation and
attained the age of 60 years, may retire and receive the retirement allowance
prescribed by this section.� The retirement allowance shall consist of an
annuity that shall be the actuarial equivalent of the member's accumulated
deductions together with regular interest, and a pension that, when added to
the member's annuity, shall provide a retirement allowance during the remainder
of the member's life in the amount equal to three-quarters of the member's
final salary.
(cf: P.L.2001, c.259, s.5)
���� 7.��� Section 4 of P.L.1978,
c.67 (C.52:14F-4) is amended to read
as follows:
���� 4.��� Permanent administrative
law judges shall be appointed by the Governor with the advice and consent of
the Senate to initial terms of one year.� During this initial term, each judge
shall be subject to a program of evaluation as delineated in section 5 of
P.L.1978, c.67 (C.52:14F-5).� First reappointment of a judge after this initial
term shall be by the Governor for a term of four years and until the
appointment and qualification of the judge's successor.
���� Administrative law judges
nominated by the Governor before July 1, 1981 shall, upon their confirmation by
the Senate, serve for terms of five years and until the appointment and
qualification of their successors.
���� Subsequent reappointments of a
judge shall be by the Governor with the advice and consent of the Senate to
terms of five years and until the appointment and qualification of the judge's
successor.� The advice and consent of the Senate, as provided in this section,
shall be exercised within 45 days after a nomination for appointment has been
submitted to the Senate, and if no action has been taken within the 45-day
period, the nomination shall be deemed confirmed.� This 45-day period shall not
apply to any person nominated by the Governor for the position of
administrative law judge prior to July 1, 1981.
���� The annual salary for an
administrative law judge during the initial term of one year shall be equal to
[
75%
]
75 percent
of the annual salary of a Judge of the Superior Court. The annual salary for a
judge during the first year of the first reappointment shall be increased to
[
78 2/3 %
]
78 2/3
percent
of the annual salary of a Judge of the Superior Court.� Upon
receipt of satisfactory annual evaluations, the annual salary for a judge shall
be increased to
[
81
2/3 %
]
81 2/3 percent
of the annual salary of a Judge of the Superior Court for
the second year of the first reappointment and to
[
85%
]
85 percent
of the annual
salary of a Judge of the Superior Court for the third year of the first
reappointment.� The annual salary shall be
[
85%
]
85 percent
of the annual salary of a Judge of the Superior Court for the fourth year of
the first reappointment and for each year of subsequent reappointments
thereafter.
���� In addition to salary, an
administrative law judge regularly assigned as an assignment judge shall
receive $2,500 annually as additional compensation, and a judge regularly
assigned other administrative or supervisory duties shall receive $1,500
annually as additional compensation.
���� All administrative law judges,
including the Chief Administrative Law Judge, shall be retired upon attaining
the age of
[
70
]
75
years, except that any administrative law judge who has retired on pension or
retirement allowance may, with the judge's consent, be recalled by the
Director/Chief Administrative Law Judge of the Office of Administrative Law for
service as a recalled judge in the Office of Administrative Law.� No recalled
judge shall serve beyond his 80th birthday.
���� Upon such recall the retired
judge shall have all the powers of an administrative law judge and shall be
paid a per diem allowance fixed by the Director/ Chief Administrative Law
Judge. In addition the recalled judge shall be reimbursed for reasonable expenses
actually incurred by him in connection with his assignment and shall be
provided with such facilities as may be required in the performance of his
duties.� Such per diem compensation and expenses shall be paid by the State.�
Payment for services and expenses shall be made in the same manner as payment
is made to the judges of the Office of Administrative Law from which he
retired.
(cf: P.L.2005, c.6, s.1)
���� 8.��� Sections 2, 5, 6, and 7
shall take effect immediately. Sections 1, 3, and 4 shall take effect upon
enactment of an amendment to Article VI, Section VI, paragraph 3 of the
Constitution increasing the mandatory retirement age for Justices of the
Supreme Court and Judges of the Superior Court from 70 to 75 years. Should the
amendment not be approved by the voters of this State as provided in the
Constitution within one year of being submitted to the electorate by the
Legislature, sections 1, 3, and 4 of this act shall not take effect.
STATEMENT
���� This bill would amend various
sections of the statutory law to reflect the new mandatory retirement age of 75
for Justices of the Supreme Court and Judges of the Superior Court, pending an
amendment to the New Jersey Constitution. The bill would also increase the
statutory mandatory retirement age for Judges of the Tax Court, Administrative
Law Judges, and Judges of the Division of Workers� Compensation to 75.
���� This bill has a bifurcated
effective date since the retirement age for Justices of the Supreme Court and
Judges of the Superior Court Judges are set forth in the New Jersey
Constitution. In this regard, those sections which pertain to the justices and
judges, as well as Judges of the Tax Court (whose statutory salary, pension,
and benefits are the same as those for Superior Court judges) would only take
effect if the voters of this State approve a constitutional amendment
increasing the mandatory retirement age from 70 to 75 within one year of such a
proposed amendment being submitted to the voters (see bill sections 1, 3, and
4).� Those sections of the bill which increase the retirement age for
Administrative Law Judges and Judges of the Division of Workers� Compensation
from 70 to 75 would take effect immediately (see bill sections 2, 5, 6, and 7).
���� It is not the intent of the
sponsor to make any other substantive changes to existing law other than to
increase the mandatory retirement age, and thus the bill would not affect the
current service eligibility requirements for retirement at age 70.