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Employers' Pensions and Benefits Administration Manual (EPBAM)
   

 

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Prosecutors Part of the
Public Employees' Retirement System
Retirements


A special Prosecutors Part within the Public Employees' Retirement System (PERS) has been established, for PERS members working in titles that are defined by the law to be prosecutors. Members of the Prosecutors Part of the PERS will receive enhanced benefits.

The titles eligible as prosecutor titles under the legislation are given below.

At the county level:

  • County Prosecutor
  • First Assistant Prosecutor
  • Assistant Prosecutor;

At the Division of Criminal Justice in the Department of Law and Public Safety:

  • Director
  • Assistant Director
  • Deputy Director
  • Assistant Attorney General
  • Deputy Attorney General, and;
  • Any Criminal Investigator in the Division of Criminal Justice in the Department of Law and Public Safety who is not eligible for enrollment in the Police and Firemen's Retirement System.

An individual must have been serving in a prosecutor title on or after January 7, 2002, in order to qualify as a member of the Prosecutors Part of the Public Employees' Retirement System.

Prosecutors Part Change of Position Forms

Whenever a county employee transfers to or from the Prosecutors Part (Bureau 9) of the Public Employees' Retirement System on the Quarterly Report of Contributions, the Certifying Officer of the county employing location must fill out the PERS Prosecutors Part Change of Postion Form, County Prosecutors.

At the State level, when a member transfers to or from a position that is eligible for PERS Prosecutors Part membership (Quarterly Report of Contributions), the PERS Prosecutors Part Change of Position Form, State Prosecutors, must be completed by the Certifying Officer of the employing location.

However, use the form, PERS - Change Form - Government Employee Interchange
Act, for temporary assignments under the Government Employee Interchange Act (N.J.S.A. 52:14-6.10, et seq).

The completed form must then be submitted to the New Jersey Division of Pensions and Benefits, P0 Box 295, Trenton, NJ 08625-0295.

     
 

Request a Retirement Estimate

 
 

Document Requirements for Retirement

 
 

Service Retirements
    I.  Age 55 or Older
    II.Twenty or More Years of Service and (a) Age 55 or
       (b) Serving in a Prosecutor Title on January 7, 2002

 
  Special Retirement  
 

Deferred Retirement

 
 

Disability Retirements*
    PERS Ordinary Disability*
    PERS Accidental Disability*   

 
  PERS Veteran Retirement*  
  PERS Optional Settlements at Retirement  
 

Retired Group Life Insurance Benefits      

 
  Active Group Life Insurance Benefits  
  Medical Examination  
  Conversion of Group Life Insurance  
  Waivers of Retirement Allowance  
  Prosecutors Part Member Handbook  
  *No special Ordinary Disability, Accidental Disability, or Veteran Retirement benefits for PERS Prosecutors Part members are provided for under Chapter 366, P.L. 2001. Prosecutors Part Disability or Veteran Retirement benefits will be the same as those for other PERS members. (See note below.)  
     

 


Special Notes about Members of the
Prosecutors Part of the PERS

  • For all members of the Prosecutors Part of the PERS serving in a prosecutor title on January 7, 2002, the effective date of the law:

    Any service credit earned in the PERS prior to the establishment of the Prosecutors Part of the PERS (January 7, 2002) has been credited to the Prosecutors Part of the PERS without cost to the member.

  • For members of the Prosecutors Part of the PERS who have been appointed to a prosecutor title after January 7, 2002:

    Individuals appointed to a prosecutor title after January 7, 2002 will have their PERS service earned prior to their Prosecutors Part appointment credited as regular PERS service; only service rendered in the prosecutor title will be credited as Prosecutors Part service.

  • There is one exception, for members of the Prosecutors Part of the PERS employed at the county level who have been appointed to the title of "County Prosecutor" after January 7, 2002:

    Chapter 140, P.L. 2003, approved on August 1, 2003 and effective as of that date, allows an individual nominated and appointed to the title of "County Prosecutor" after January 7, 2002 to receive full credit in the Prosecutors Part of the PERS for non-Prosecutors Part PERS service rendered prior to the date of appointment to the position of "County Prosecutor," without cost to the member. This new law applies only to individuals serving in the title of "County Prosecutor."

  • Each prosecutor will have a separate pension fund account for member contributions to the Prosecutors Part of the PERS. The member contribution rate is set at 8.5 percent, effective July 1, 2008. (The rate from January 7, 2002, until June 30, 2008 was 7.5% of salary.)

  • A member defined to be a prosecutor must satisfy any loans, purchases, arrears, or other obligations previously scheduled for payment while the prosecutor was in the PERS.

  • For public service by the member before, during, or after service as a prosecutor, the member will make member contributions at the rate established for the retirement system governing the position held.


RETIREMENT ELIGIBILITY AND PENSION ALLOWANCE FORMULAS (Effective on or after 1/7/02 )

SERVICE RETIREMENT

Type One Eligibility*

Age 55 or older

Benefit:   

2% X Final Compensation X Years of Service up to 30 years

PLUS

1% X Final Compensation X Number of Years of Service over 30 years;

OR

1/60 X Years of Service X Final Compensation**

Type Two Eligibility* 

Twenty or more years of service at age 55

OR

Twenty or more years of service at any age, if enrolled in the Prosecutors Part on January 7, 2002.

Benefit:   

50% X Final Compensation** = Annual Maximum Allowance

Member Responsibilities:

  • Supply proof of age document for spouse* if choosing Options A, B, C, D, 2, 3, or 4.
Earliest retirement date is one full month after application is submitted to the Division of Pensions and Benefits.

Employer Responsibilities:

Notes:    

 

*Member may elect Service Retirement type that pays the highest benefit, as long as he or she is eligible.

**Final Compensation = the last 12 months of creditable salary.

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SPECIAL RETIREMENT

Eligibility Any age with 25 years of service credit
Benefit

65% X Final Compensation*

PLUS

1% X Final Compensation for Years over 25 but not over 30 Years = Annual Maximum Allowance

Maximum benefit = 70% of Final Compensation

Member Responsibilities
  • Supply proof of age document for spouse* if choosing Options A, B, C, D, 2, 3, or 4.

Earliest retirement date is one full month after application is submitted to the Division of Pensions and Benefits.

Employer Responsibilities
Note: "Final Compensation" = the last 12 months of creditable salary

 

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Deferred Retirements

Eligibility:

10 or more years of Prosecutors Part service credit.

Effective Date:

Retirement begins on the first of month after member turns 55.

Benefit:

2% X Final Compensation* X Years of Service, up to 25

Member Responsibilities:
  • Supply proof of age document for spouse* if choosing Options A, B, C, D, 2, 3, or 4.

Retirement allowance will begin on the first of the month after member attains the age of 55. If member dies before reaching age of 55, the member's beneficiary will receive a return of member contributions only.

Employer Responsibilities:
Note: *Final Compensation = the last 12 months of creditable salary.

 


Disability and Veteran Retirements

*No special Ordinary Disability, Accidental Disability, or Veteran Retirement benefits for PERS Prosecutors Part members are provided for under Chapter 366, P.L. 2001. However, a Prosecutors Part member may take a regular PERS Ordinary Disability Retirement, Accidental Disability Retirement, or Veteran Retirement, as long as all eligibility requirements for the type of retirement chosen are met.

A Prosecutors Part member may also combine Prosecutors Part service with regular PERS service in order to be eligible for a Veteran Retirement, Ordinary Disability Retirement, or Accidental Disability Retirement, as long as all other eligibility requirements for the type of retirement requested are met.


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Group Life Insurance Coverage

Retired Noncontributory Group Life Insurance
PERS Prosecutors Part

Service and Special Retirements

  • 1/2 times Final Compensation

Deferred Retirements:

  • If member's death occurs after termination of employment but before age 55, there is no death benefit.
  • If death occurs at age 55 or thereafter, the death benefit is 1/2 times annual salary, last year of creditable service.

Active Noncontributory Group Life Insurance
PERS Prosecutors Part

The active Noncontributory Group Life Insurance benefit amount is 1 1/2 times salary (subject to pension) received in the 12 months prior to death for PERS members, including Prosecutors Part members.

If the PERS member has Contributory Group Life Insurance, the benefit amount is also 1 1/2 times the salary (subject to pension) received in the 12 months prior to death.

For more information on PERS Active Group Life Insurance coverage, please see the Group Life Insurance section of this manual.

Medical Examination, Conversion of Group Life Insurance

No medical examination is required to establish Noncontributory Group Life Insurance coverage.

Members who exercise the option to convert their life insurance upon leaving pensionable service, and then return to covered employment, must cancel their private contract upon reenrollment or prove insurability upon their return.

For more information about conversion of group life insurance, please see Fact Sheet #13, Conversion of Group Life Insurance.

 

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Last Updated: November 18, 2010