§ 43:6A-13 — Retired judge not to engage in practice of law; assignment to sit in court

New Jersey § 43:6A-13

• Jurisdiction: New Jersey
• Title 43: PENSIONS AND RETIREMENT AND UNEMPLOYMENT COMPENSATION

Text

13. a. (1) No member of the retirement system shall, while receiving a pension or retirement allowance pursuant to P.L.1973, c.140 (C.43:6A-1 et seq.), engage in the practice of law before any of the courts of this State. This prohibition shall not apply to a county prosecutor appointed by the Governor with the advice and consent of the Senate in accordance with N.J.S.2A:158-1. (2) A member of the retirement system, while receiving a pension or retirement allowance pursuant to P.L.1973, c.140 (C.43:6A-1 et seq.), may serve as a county prosecutor appointed by the Governor with the advice and consent of the Senate in accordance with N.J.S.2A:158-1 and receive the full salary for that position. While serving as a county prosecutor, the former member of the retirement system shall not participate in the Defined Contribution Retirement Program or be enrolled in any other State-administered retirement system on the basis of service as a county prosecutor. (3) The effective date of retirement for a former member of the retirement system who is serving as a county prosecutor on the effective date of P.L.2024, c.56, and who was approved for a deferred retirement in accordance with section 1 of P.L.2019, c.287 (C.43:6A-11.1) prior to that effective date, shall be adjusted to the first day of the month following the effective date of P.L.2024, c.56 and the pension or retirement allowance shall become payable in accordance with P.L.1973, c.140 (C.43:6A-1 et seq.). For the former member of the retirement system whose pension or retirement allowance becomes payable and who was made eligible for deferred State-paid health care benefits coverage in the State Health Benefits Program in accordance section 2 of P.L.2019, c.287 (C.52:14-17.32o) prior to the effective date of P.L.2024, c.56, the former member and the former member's dependents shall be entitled to such health care benefits coverage and payments for such coverage as the former State member was eligible on the date terminating full-time employment as a judge with the State and shall be enrolled for coverage in the program as of the first day of the month following the effective date of P.L.2024, c.56 or as soon as feasible thereafter. b. Subject to rules of the Supreme Court, any justice of the Supreme Court who has retired on pension or retirement allowance may, with his consent, be recalled by the Supreme Court for temporary service in the Supreme Court or elsewhere within the judicial system, and any judge of the Superior Court, juvenile and domestic relations court, county district court, or tax court who has retired on pension or retirement allowance may, with his consent, be recalled by the Supreme Court for temporary service within the judicial system other than the Supreme Court. c. Upon such recall, the retired justice or judge shall have all the powers of a justice or judge of the court to which he is assigned and shall be paid a per diem allowance fixed by the Supreme Court in accordance with its rules, provided however that in no event shall he receive a salary which together with his pension or retirement allowance exceeds the current salary of a justice or judge of the court from which he retired. In addition, the recalled justice or 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. d. Payment for services and expenses shall be made in the same manner as payment is made to the justices or judges of the court from which he retired. e. The Supreme Court is empowered to adopt such rules as it deems necessary or appropriate for the prompt and efficient administration of justice in furtherance of the purposes of this act. L.1973,c.140,s.13; amended 1975,c.14; 1981,c.470,s.7; 1990,c.45,s.1; 2024, c.56, s.4.