New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 1A - DEFINITIONS › Section 17:4-1A.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise:
"Authorized to carry a firearm while engaged in the
				  performance of his or her official duties" means so authorized by a statute. It
				  is not required that an employee actually carries a firearm while engaged in
				  official duties, but the employee shall be legally authorized and qualified to
				  do so.
"Board of Trustees" or "Board" means the Board of Trustees of
				  the PFRS established pursuant to
				  43:16A-13.
"Child," for purposes of determining a survivor's benefit
				  under N.J.S.A. 43:16A-12.1 and 43:16A-1(21), shall mean a deceased member's or
				  retirant's unmarried child that is:
1. Under the age of 18;
2. Eighteen years of age or older and enrolled in a secondary
				  school;
3. Under the age of 24 and enrolled in a degree program in an
				  institution of higher education for at least 12 credit hours in each semester,
				  provided that the member died in active service as a result of an accident met
				  in the actual performance of duty at some definite time and place, and the
				  death was not the result of the member's willful misconduct; or
4. Of any age, when, at the time of the member's or
				  retirant's death, the child is disabled because of an intellectual disability
				  or physical incapacity, is unable to do any substantial, gainful work because
				  of the impairment and his or her impairment has lasted, or can be expected to
				  last, for a continuous period of not less than 12 months, as affirmed by the
				  medical review board of the Board. For purposes of determining whether a child
				  qualifies under this paragraph, the child's disability must have developed
				  before the child's emancipation.
"Direct supervision" and "general supervision" includes
				  conducting performance evaluations, disciplining, adjusting grievances,
				  rewarding and assigning and directing the work of other employees.
"Director" means the Director of the Division of Pensions and
				  Benefits in the Department of the Treasury.
"Division" means the Division of Pensions and Benefits,
				  Department of the Treasury, in the State of New Jersey.
"Employer" means the State of New Jersey or the county,
				  municipality or political subdivision thereof that pays the particular police
				  officer or firefighter.
"Final compensation" means the base salary received for the
				  12 months immediately preceding retirement. For employees enrolled into the
				  PFRS on or after May 21, 2010 "final compensation" means the average annual
				  compensation for the last three years of service, or any three fiscal years of
				  membership that provide the largest possible benefit to the member or the
				  member's beneficiary. Final compensation does not include extra compensation or
				  money given in anticipation of retirement.
"Firefighter" shall have the meaning ascribed to that term by
				  P.L. 1989, c. 204 (43:16A-1
				  ).
"Firefighting unit" means a municipal fire department, a fire
				  district or an agency of a county or the State that is responsible for control
				  and extinguishment of fires.
"Law enforcement unit" means any police force or organization
				  in a municipality, county or the State, which has by statute or ordinance the
				  responsibility of detecting crime and enforcing the criminal laws of this
				  State.
"Permanent firefighter" under a civil service jurisdiction
				  means a full-time firefighter applicant who successfully completes the
				  Firefighting 1 certification pursuant to
				  N.J.A.C.
				  5:73-4.2, 4.3, and 4.4 and receives a regular
				  appointment in a civil service location pursuant to
				  N.J.A.C.
				  4A:4-5.1(a). For wildland
				  and forestland firefighters in the State Forest Fire Service whose
				  titles/positions and training fall under the authority of the Department of
				  Environmental Protection (DEP) in the Division of Parks and Forestry,
				  "permanent firefighter" means a full-time firefighter applicant who
				  successfully completes the firefighter training and qualification requirements
				  established by the DEP, pursuant to
				  N.J.S.A.
				  13:9-7.1, and receives a regular civil
				  service appointment in the DEP's Forest Fire Service, pursuant to
				  N.J.A.C.
				  4A:4-5.1(a). "Permanent
				  firefighter" under a non-civil service jurisdiction means a full-time
				  firefighter applicant who successfully completes the Firefighting 1
				  certification pursuant to
				  N.J.A.C.
				  5:73-4.2, 4.3, and 4.4 and is employed in a
				  regular budgeted position.
"Permanent police officer" under a civil service jurisdiction
				  means a full-time police applicant who receives a certification of successful
				  completion of the basic training course approved by the Police Training
				  Commission (PTC) pursuant to
				  52:17B-66
				  et seq., and receives a regular appointment pursuant to
				  4A:4-5.1(a).
				  For those positions that do not fall under the statutory authority of the PTC,
				  an applicant must successfully complete comparable training that is conducted
				  by a Federal, State or county agency and is substantially equivalent to the
				  requirements of a basic training course of a municipal police officer approved
				  by the New Jersey PTC. "Permanent police officer" under a non-civil service
				  jurisdiction means a full-time police applicant who receives certification of
				  successful completion of the basic training course approved by the Police
				  Training Commission (PTC) pursuant to
				  52:17B-66
				  et seq., and is employed in a regular budgeted position. For those positions
				  that do not fall under the statutory authority of the PTC, an applicant must
				  successfully complete comparable training that is conducted by a Federal, State
				  or county agency and is substantially equivalent to the requirements of a basic
				  training course of a municipal officer approved by the New Jersey PTC.
"PERS" means the Public Employees' Retirement System created
				  pursuant to
				  43:15A-1
				  et seq.
"Police officer" shall have the meaning ascribed to that term
				  by P.L. 1989, c. 204 (43:16A-1
				  ).
"Police powers" means the statutory authority, under the
				  appropriate circumstances in accordance with law, to arrest and detain and to
				  control the actions of the public, or those individuals who come under the
				  jurisdiction of the public employer's jurisdiction.
"Police Training Commission," which is established pursuant
				  to
				  52:17B-70,
				  shall mean an agency authorized to establish physical and mental fitness
				  requirements applicable to the position of municipal police officer.
"Position" means a job title.
"Retirement System," "System" or "PFRS" means the Police and
				  Firemen's Retirement System of New Jersey as defined in
				  43:16A-2.
"Years of service" means the amount of membership service
				  credited to the member's PFRS account.