N.J. Admin. Code § 17:10-3.6

Current through Register Vol. 56, No. 23, December 2, 2024

Section 17:10-3.6 - Death benefits in active service; death benefits in retirement

(a) Upon an active member's death, an eligible surviving spouse/partner receives a statutory monthly pension benefit equal to 25 percent of the member's final monthly salary; plus 10 percent of the member's final salary if there is one dependent child, or a total of 15 percent if there is more than one dependent child. If there is no surviving spouse/partner, or if the surviving spouse/partner remarries, one dependent child is to receive 15 percent of the member's final salary; two dependent children receive a total of 20 percent and three or more dependent children receive a total of 30 percent of the member's final salary.

(b) Upon a retired member's death, an eligible surviving spouse/partner receives a statutory monthly pension benefit equal to 25 percent of the current monthly salary for the judicial position the member held at retirement, plus 10 percent of the member's final salary if there is one dependent child, or a total of 15 percent to be divided evenly among two or more dependent children. If there is no surviving spouse/partner, or if the surviving spouse/partner dies, remarries, or enters into a civil union, the following benefit is payable to the member's dependent children: 15 percent of the member's final salary to one dependent child; 20 percent of final salary divided evenly between two dependent children; or 30 percent of final salary divided evenly among three or more dependent children.

(c) If a person dies while in service with a deferred retirement pursuant to the provisions at P.L. 2021, c. 105, P.L. 2021, c. 329, and N.J.A.C. 17:10-5.4(b), as a county prosecutor or as the Administrative Director of the Courts, the death shall not be considered a death in active service. The beneficiary shall be eligible for a pension or survivor's benefit, and for any death benefits, based on the approved retirement application and the retirement shall be effective as of the date of death. The election by the member of an option in accordance with section 1 at P.L. 2002, c. 54(N.J.S.A. 43:6A-16.1) shall become effective and payable.

N.J. Admin. Code § 17:10-3.6

R.1979 d.431, effective 10/23/1979.
See: 11 New Jersey Register 357(e), 11 New Jersey Register 649(b).
Amended by R.1983 d.212, effective 6/20/1983.
See: 14 New Jersey Register 1296(b), 15 New Jersey Register 1038(a).
Gender neutral references added.
Amended by R.2003 d.296, effective 7/21/2003.
See: 35 New Jersey Register 388(a), 35 New Jersey Register 3381(a).
Designated existing text as (a) and inserted "for non-contributory group life insurance," following "is required"; added (b).

Adopted by 53 N.J.R. 1016(a), effective 6/7/2021

Amended by 55 N.J.R. 2202(a), effective 10/16/2023