N.J. Admin. Code § 17:2-6.23

Current through Register Vol. 56, No. 24, December 18, 2024

Section 17:2-6.23 - Disability retirement application and termination of service

(a) Each disability retirement applicant must prove that his or her retirement is due to a total and permanent disability that renders the applicant physically or mentally incapacitated from performing normal or assigned job duties at the time the member left employment; and the member must prove the disability is the reason for leaving employment.

(b) Members who have involuntarily or voluntarily terminated service for any of the reasons listed in this subsection will not be permitted to apply for a disability retirement:

1. Removal for cause or total forfeiture of public service;

2. Settlement agreements reached due to pending administrative or criminal charges, unless the underlying charges relate to the disability for which they seek a retirement benefit;

3. Loss of licensure or certification required for the performance of the member's specific job duties, unless the loss is the result of the disability for which they seek a retirement benefit; and/or

4. Voluntary separation from service for reasons other than a disability.

(c) The Division will review all disability retirement applications submitted after a member has terminated service to determine whether the member's application is eligible for processing, pursuant to (a) above.

N.J. Admin. Code § 17:2-6.23

Amended by R.1971 d.71, effective 5/18/1971.
See: 3 New Jersey Register 50(a), 3 New Jersey Register 117(b).
Repealed by R.2000 d.26, effective 1/18/2000.
See: 31 New Jersey Register 3229(a), 32 New Jersey Register 304(a).
Section was "Additional contributions".

Adopted by 55 N.J.R. 749(a), effective 4/17/2023