§ 43:10-2 — Retirement of county employees

43:10-2. An employee of a county of the first class who shall have served in the county's employ for a period of 20 years and reached 60 years of age, shall, upon his own application, but not later than, except as provided in this section, his attainment of age 65, be retired on half pay. Any present employee who shall have served in the employ of the county for a period of 20 years, shall be retired in the following manner: All members 70 years of age, or older, shall file their applications for retirement by July 1, 1977. All members attaining 69 years of age by July 1, 1976, shall file their applications for retirement by July 1, 1977. All members attaining 68 years of age by July 1, 1977, shall file their applications for retirement by July 1, 1978. All members attaining 67 years of age by July 1, 1978, shall file their applications for retirement by July 1, 1979. All members attaining 66 years of age by July 1, 1979, shall file their applications for retirement by July 1, 1980. All members attaining 65 years of age by July 1, 1980, shall file their applications for retirement by July 1, 1981. After July 1, 1981, all members shall file their applications for retirement immediately upon attaining 65 years of age. Any member required to retire under this section may be continued in service on an annual basis after the required date of retirement at the request of the head of the employee's department, and with the approval of the head of the executive branch of government in a county organized under chapter 41A of Title 40 of the Revised Statutes, or, in all other counties, the board of chosen freeholders, given in written notice to the pension commission; provided, however, that in no event shall any employee be continued beyond age 70. Any member who upon his attainment of age 65 shall have served in the employ of the county for a total of less than 20 years shall be retired on a pension equal to 2 1/2% of his average annual salary or compensation as defined in R.S.43:10-1, multiplied by the number of years of his service. No elected official shall be required to retire pursuant to this section. Any employee appointed to an office for a fixed term of years may continue his membership beyond the mandatory date of retirement specified herein, but shall be retired immediately thereafter. Should any member, after having completed 10 years of service for which credit has been established in the pension fund, be separated voluntarily or involuntarily from the service, before reaching age 60, and not by removal for cause or charges of misconduct or delinquency, he may elect to withdraw his contribution from the fund as provided in R.S.43:10-8 or to receive a deferred pension beginning at age 60 in the amount based on his years of service credited in the fund bear to the total number of years of service that he could have achieved had he continued to age 60 and qualified for the pension of one-half of the annual salary he was receiving at the time he elected the deferred pension. Subject to the other provisions of this amendatory and supplementary act and of article 1 of chapter 10 of Title 43 of the Revised Statutes, upon and after the death of such pensioner, said pension, which the pensioner was receiving prior to his death, shall be paid to the surviving spouse, so long as he or she remains unmarried, or minor children up to 18 years of age as the case may be. In no event shall the amount of any pension payable pursuant to the provisions of this section be less than $3,000 per annum. Amended 1973,c.345,s.2; 1976,c.106,s.2; 1985,c.354; 1991,c.309,s.1.