Text of NJ S 1945 (2022)
Updates definition of veteran to include discharged LGBTQ veteran; requires DMVA develop review process for such veterans.
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As introduced
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SENATE, No. 1945
STATE OF NEW JERSEY
220th LEGISLATURE
INTRODUCED MARCH 3, 2022
Sponsored by:
Senator KRISTIN M. CORRADO
District 40 (Bergen, Essex, Morris and Passaic)
Senator JOSEPH P. CRYAN
District 20 (Union)
SYNOPSIS
Updates definition of veteran to include discharged
LGBTQ veteran; requires DMVA develop review process for such veterans.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning benefits for LGBTQ veterans, and amending
various parts of the statutory law and supplementing Title 38A of the Revised
Statutes.
Be It
Enacted by the Senate and General Assembly of
the State of New Jersey:
1. (New section) As used
in this act:
"Discharged LGBTQ veteran"
means a veteran who was discharged less than honorably from the Armed Forces of
the United States due to their sexual orientation or gender identity or
expression, or statements, consensual sexual conduct, or consensual acts
relating to sexual orientation or gender identity or expression, or the
disclosure of such statements, conduct, or acts that were prohibited by the Armed
Forces at the time of discharge.
"Gender expression" means a
person's gender-related appearance and behavior, whether or not stereotypically
associated with the person's assigned sex at birth.
"Gender identity" means a
person's internal sense of their own gender, regardless of the sex the person
was assigned at birth.
"Sexual orientation" means male
or female heterosexuality, homosexuality, or bisexuality by inclination,
practice, identity, or expression, having a history thereof or being perceived,
presumed, or identified by others as having such an orientation.
2. (New section) The department
shall establish a consistent and uniform process to determine whether a veteran
qualifies as a discharged LGBTQ veteran, as defined in section 1 of P.L. , c.
(C. ) (pending before the Legislature as this bill), including, at a
minimum, standards for verifying a veteran's status as a discharged LGBTQ
veteran, and a method of demonstrating eligibility as a discharged LGBTQ
veteran. The department shall create an eligibility form to be issued upon
verification of status as a discharged LGBTQ veteran.
3. Section 1 of P.L.1983,
c.197 (C.10:5-39) is amended to read as follows:
1. As used in this act:
a. "Affirmative
action program for veterans" means a plan guaranteeing to veterans an
equal employment opportunity, which includes but is not limited to the
following areas: recruitment, selection, hiring, training, promotion, transfer,
layoff, return from layoff, compensation, and fringe benefits.
b. "Public works
contract" means any contract exceeding $250,000.00 in price to be
performed for or on behalf of the State
for the construction, alteration,
or repair of any building or public work.
c. "Veteran "
means any soldier, sailor, marine, airman, nurse or army field clerk, who has
served at least 90 days in the active military, naval or air service of the
United States and has been discharged or released therefrom under conditions
other than dishonorable, or any discharged LGBTQ veteran, as defined in
section 1 of P.L. , c. (C. ) (pending before the Legislature as this
bill), who has served at least 90 days of active service, and who has
presented to the Civil Service Commission of New Jersey full and convincing
evidence of such record of service on or before the date of making application
for a position governed by this act. The 90-day requirement for active service
is exclusive of any time such veteran was assigned: (1) for a course of
education or training under the Army Specialized Training Program or the Navy
College Training Program, which course was a continuation of his civilian
course and was pursued to completion; or (2) as a cadet or midshipman at one of
the service academies; and exclusive of any service performed pursuant to the
provisions of section 511(d) of Title 10, United States Code, pursuant to an
enlistment in the Army or Air Force National Guard or as a reserve for service
in the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or
Coast Guard Reserve; provided, that any person receiving an actual,
service-incurred injury or disability shall be classed as a veteran, whether or
not he has completed the 90 days' service as herein provided.
(cf: P.L.2017, c.184, s.5)
4. N.J.S.11A:5-1 is amended
to read as follows:
11A:5-1. As used in this
chapter:
a. "Disabled
veteran" means any veteran who is eligible to be compensated for a
service-connected disability from war service by the United States Veterans
Administration or who receives or is entitled to receive equivalent
compensation for a service-connected disability which arises out of military or
naval service as set forth in this chapter and who has submitted sufficient
evidence of the record of disability incurred in the line of duty to the
Adjutant General of the Department of Military and Veterans' Affairs and
received a determination of status no later than eight days prior to the
issuance of an employment list, for which that individual received a passing
score on an examination;
b. "Veteran"
means any honorably discharged soldier, sailor, marine or nurse who served in
any army or navy of the allies of the United States in World War I, between
July 14, 1914 and November 11, 1918, or who served in any army or navy of the
allies of the United States in World War II, between September 1, 1939 and
September 2, 1945 and who was inducted into that service through voluntary
enlistment, and was a citizen of the United States at the time of the
enlistment, and who did not renounce or lose his or her United States
citizenship; or any soldier, sailor, marine, airman, nurse or army field clerk,
who has served in the active military or naval service of the United States and
has been discharged or released under other than dishonorable conditions from
that service, or any discharged LGBTQ veteran, as defined in section 1 of
P.L. , c. (C. ) (pending before the Legislature as
this bill), from active service in any branch of the Armed Forces of the United
States, in any of the following wars or conflicts and who has presented to
the Adjutant General of the Department of Military and Veterans' Affairs
sufficient evidence of the record of service and received a determination of
status no later than eight days prior to the issuance of an employment list,
for which that individual received a passing score on an examination:
(1) World War I, between
April 6, 1917 and November 11, 1918;
(2) World War II, on or
after September 16, 1940, who shall have served at least 90 days beginning on
or before December 31, 1946 in such active service, exclusive of any period of
assignment for a course of education or training under the Army Specialized
Training Program or the Navy College Training Program, which course was a
continuation of a civilian course and was pursued to completion, or as a cadet
or midshipman at one of the service academies; except that any person receiving
an actual service-incurred injury or disability shall be classed a veteran
whether or not that person has completed the 90-day service;
(3) Korean conflict, on or
after June 23, 1950, who shall have served at least 90 days beginning on or
before January 31, 1955, in active service, exclusive of any period of
assignment for a course of education or training under the Army Specialized
Training Program or the Navy College Training Program, which course was a
continuation of a civilian course and was pursued to completion, or as a cadet
or midshipman at one of the service academies; except that any person receiving
an actual service-incurred injury or disability shall be classed as a veteran,
whether or not that person has completed the 90-day service;
(4) Lebanon crisis, on or
after July 1, 1958, who has served in Lebanon or on board any ship actively
engaged in patrolling the territorial waters of that nation for a period,
continuous or in the aggregate, of at least 14 days commencing on or before
November 1, 1958 or the date of termination of that conflict, as proclaimed by
the President of the United States or Congress, whichever date of termination
is the latest, in such active service; provided, that any person receiving an
actual service-incurred injury or disability shall be classed as a veteran
whether or not that person has completed the 14 days' service as herein
provided;
(5) Vietnam conflict, on or
after December 31, 1960, who shall have served at least 90 days beginning on or
before May 7, 1975, in active service, exclusive of any period of assignment
for a course of education or training under the Army Specialized Training
Program or the Navy College Training Program, which course was a continuation
of a civilian course and was pursued to completion, or as a cadet or midshipman
at one of the service academies, and exclusive of any service performed pursuant
to the provisions of section 511(d) of Title 10, United States Code, or
exclusive of any service performed pursuant to enlistment in the National Guard
or the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or
Coast Guard Reserve; except that any person receiving an actual
service-incurred injury or disability shall be classed as a veteran, whether or
not that person has completed the 90-day service as provided;
(6) Lebanon peacekeeping
mission, on or after September 26, 1982, who has served in Lebanon or on board
any ship actively engaged in patrolling the territorial waters of that nation
for a period, continuous or in the aggregate, of at least 14 days commencing on
or before December 1, 1987 or the date of termination of that mission, as
proclaimed by the President of the United States or Congress, whichever date of
termination is the latest, in such active service; provided, that any person
receiving an actual service-incurred injury or disability shall be classed as a
veteran whether or not that person has completed the 14 days' service as herein
provided;
(7) Grenada peacekeeping
mission, on or after October 23, 1983, who has served in Grenada or on board
any ship actively engaged in patrolling the territorial waters of that nation
for a period, continuous or in the aggregate, of at least 14 days commencing on
or before November 21, 1983 or the date of termination of that mission, as
proclaimed by the President of the United States or Congress, whichever date of
termination is the latest, in such active service; provided, that any person
receiving an actual service-incurred injury or disability shall be classed as a
veteran whether or not that person has completed the 14 days' service as herein
provided;
(8) Panama peacekeeping
mission, on or after December 20, 1989 or the date of inception of that
mission, as proclaimed by the President of the United States or Congress,
whichever date of inception is earliest, who has served in Panama or on board
any ship actively engaged in patrolling the territorial waters of that nation
for a period, continuous or in the aggregate, of at least 14 days commencing on
or before January 31, 1990 or the date of termination of that mission, as
proclaimed by the President of the United States or Congress, whichever date of
termination is the latest, in such active service; provided, that any person
receiving an actual service-incurred injury or disability shall be classed as a
veteran whether or not that person has completed the 14 days' service as herein
provided;
(9) Operation "Desert
Shield/Desert Storm" mission in the Arabian peninsula and the Persian
Gulf, on or after August 2, 1990 or the date of inception of that operation, as
proclaimed by the President of the United States or Congress, whichever date of
inception is earliest, who has served in the Arabian peninsula or on board any
ship actively engaged in patrolling the Persian Gulf for a period, continuous
or in the aggregate, of at least 14 days commencing on or before the date of
termination of that mission, as proclaimed by the President of the United
States or Congress, whichever date of termination is the latest, in such active
service; provided, that any person receiving an actual service-incurred injury
or disability shall be classed as a veteran whether or not that person has
completed the 14 days' service as herein provided;
(10) Operation Northern
Watch and Operation Southern Watch, on or after August 27, 1992, or the date of
inception of that operation, as proclaimed by the President of the United
States, Congress or United States Secretary of Defense, whichever date of
inception is earliest, who served in the theater of operation, including in the
Arabian peninsula and the Persian Gulf, and in direct support of that operation
for a period, continuously or in the aggregate, of at least 14 days in such
active service commencing on or before the date of termination of that
operation, as proclaimed by the President of the United States, Congress or
United States Secretary of Defense, whichever date of termination is the
latest; provided, that any person receiving an actual service-incurred injury
or disability while engaged in such service shall be classed as a veteran
whether or not that person has completed the 14 days' service as herein
provided;
(11) Operation
"Restore Hope" in Somalia, on or after December 5, 1992, or the date
of inception of that operation as proclaimed by the President of the United
States or the Congress, whichever date is earliest, who has served in Somalia or
on board any ship actively engaged in patrolling the territorial waters of that
nation for a period, continuously or in the aggregate, of at least 14 days in
such active service commencing on or before March 31, 1994; provided that any
person receiving an actual service-incurred injury or disability shall be
classed as a veteran whether or not that person has completed the 14-day
service as herein provided;
(12) Operations "Joint
Endeavor" and "Joint Guard" in the Republic of Bosnia and
Herzegovina, on or after November 20, 1995, who served in such active service
in direct support of one or both of the operations for at least 14 days,
continuously or in the aggregate, commencing on or before June 20, 1998, and
(1) was deployed in that nation or in another area in the region, or (2) was on
board a United States naval vessel operating in the Adriatic Sea, or (3)
operated in airspace above the Republic of Bosnia and Herzegovina; provided
that any person receiving an actual service-incurred injury or disability shall
be classed as a veteran whether or not that person completed the 14-day service
requirement;
(13) Operation "Uphold
Democracy" in Haiti, on or after September 19, 1994, who served in Haiti
or on board any ship actively engaged in patrolling the territorial waters of
that nation for a period, continuously or in the aggregate, of at least 14 days
in such active service commencing on or before March 31, 1995, and who received
an Armed Forces Expeditionary Medal for such service; provided, that any person
receiving an actual service-incurred injury or disability shall be classed as a
veteran whether or not that person has completed the 14 days' service as herein
provided or received an Armed Forces Expeditionary Medal;
(14) Operation
"Enduring Freedom", on or after September 11, 2001, who served in a
theater of operation and in direct support of that operation for a period,
continuously or in the aggregate, of at least 14 days in such active service
commencing on or before the date the President of the United States or the
United States Secretary of Defense designates as the termination date of that
operation; provided, that any person receiving an actual service-incurred
injury or disability while engaged in such service shall be classed as a
veteran whether or not that person has completed the 14 days' service as herein
provided; and
(15) Operation "Iraqi
Freedom", on or after the date the President of the United States or the
United States Secretary of Defense designates as the inception date of that
operation, who served in Iraq or in another area in the region in direct
support of that operation for a period, continuously or in the aggregate, of at
least 14 days in such active service commencing on or before the date the
President of the United States or the United States Secretary of Defense
designates as the termination date of that operation; provided, that any person
receiving an actual service-incurred injury or disability while engaged in such
service shall be classed as a veteran whether or not that person has completed
the 14 days' service as herein provided;
c. "War service"
means service by a veteran in any war or conflict described in this chapter
during the periods specified.
(cf: P.L.2007, c.115, s.1)
5. Section 1 of P.L.2007,
c.275 (C.13:1L-12.1) is amended to read as follows:
1. a. (1) The department
shall not charge an admission fee for entrance into a State park or forest by
any veteran during an event held by a veterans' organization. In addition, the
department shall not charge a facilities fee of any kind to any veterans'
organization using a State park or forest for an event.
(2) The department shall not
charge an admission fee or facilities fee of any kind for entrance into a State
park or forest by a person holding a driver's license or identification card
with a Gold Star Family designation issued pursuant to section 1 of P.L.2013,
c.165 (C.39:3-10f6) or section 2 of P.L.1980, c.47 (C.39:3-29.3), respectively.
b. As used in this section:
"Veteran" means any
resident of the State now or hereafter who has been discharged honorably or
under general honorable conditions in any branch of the Armed Forces of the
United States, or a Reserve component thereof, or the National Guard of this
State or another state as defined in section 1 of P.L.1963, c.109 (C.38A:1-1), or
any discharged LGBTQ veteran, as defined in section 1 of P.L. , c. (C. )
(pending before the Legislature as this bill), in any branch of the Armed
Forces of the United States, or any honorably discharged member of the
American Merchant Marine who served during World War II and is declared by the
United States Department of Defense to be eligible for federal veterans'
benefits; and
"Veterans'
organization" means the American Legion, Veterans of Foreign Wars, or
other veterans' organizations chartered under federal law, or any service
foundation of such an organization recognized in its bylaws.
(cf: P.L.2019, c.500, s.1)
6. Section 1 of P.L.2015,
c.297 (C.18A:36-13.2) is amended to read as follows:
1. a. Notwithstanding any
law, rule, or regulation to the contrary, any pupil of a public school who is
absent from school on November 11, Veterans Day, attending a ceremony honoring
a veteran or a member of the United States Armed Forces or the New Jersey National
Guard returning from overseas deployments, or assisting a veteran at a
hospital, food shelter, or any similar facility, shall have the absence for
those reasons recorded as an excused absence on the pupil's attendance record
or on that of any group or class of which he is a member. Any transcript,
application, employment form, or any similar form on which information
concerning a pupil's attendance record is requested shall show, with respect to
absences, only absences other than excused absences authorized pursuant to this
subsection. In making a determination on whether or not a student has a
perfect attendance record for the school year, a school district shall not
consider as an absence an excused absence authorized pursuant to this
subsection.
b. A pupil shall provide
such documentation as the superintendent or administrative principal of the
school district deems necessary to prove the pupil meets the requirements for
the excused absence under subsection a. of this section.
c. As used in this section,
"veteran" means a person who has served on active duty in the Armed
Forces of the United States and who was discharged or released therefrom under
conditions other than dishonorable, or a discharged LGBTQ veteran, as defined
in section 1 of P.L. , c. (C. ) (pending before the Legislature as this
bill), who has served on active duty in the Armed Forces of the United States.
(cf: P.L.2015, c.297, s.1)
7. Section 2 of P.L.2015,
c.32 (C.18A:62-4.1b) is amended to read as follows:
2. a. A veteran or covered
individual who is living in New Jersey and is attending a public institution of
higher education in New Jersey shall be regarded as a resident of the State for
the purpose of determining tuition, regardless of the veteran or covered individual's
state of residence.
b. As used in this section:
"Covered individual"
means:
(1) an individual who is
entitled to educational assistance under provisions of the federal
"Post-9/11 Educational Assistance" program (38 U.S.C. s.3311(b)(9) or
3319) by virtue of such individual's relationship to a veteran ; and
(2) an individual who is
entitled to educational assistance under provisions of the United States
Department of Veterans Affairs' "Vocational Rehabilitation and Employment
Program" (38 U.S.C. s.3100 et seq.) effective for courses, semesters, or
terms that begin after March 1, 2019.
"Veteran" means a
person who has served on active duty in the Uniformed Services of the United
States and who was discharged or released, or a discharged LGBTQ veteran, as
defined in section 1 of P.L. , c. (C. ) (pending before the Legislature
as this bill), who has served on active duty in the Uniformed Services of the
United States, and who qualifies for educational assistance under the
federal "All-Volunteer Force Educational Assistance Program" (38
U.S.C. s.3001 et seq.) or "Post-9/11 Educational Assistance" program
(38 U.S.C. s.3301 et seq.).
(cf: P.L.2019, c.264, s.1)
8. N.J.S.18A:66-2 is
amended to read as follows:
18A:66-2. As used in this
article:
a. "Accumulated
deductions" means the sum of all the amounts, deducted from the
compensation of a member or contributed by or in behalf of the member,
including interest credited to January 1, 1956, standing to the credit of the
member's individual account in the annuity savings fund.
b. "Annuity"
means payments for life derived from the accumulated deductions of a member as
provided in this article.
c. "Beneficiary"
means any person receiving a retirement allowance or other benefit as provided
in this article.
d. (1)
"Compensation" means the contractual salary, for services as a
teacher as defined in this article, which is in accordance with established
salary policies of the member's employer for all employees in the same position
but shall not include individual salary adjustments which are granted primarily
in anticipation of the member's retirement or additional remuneration for
performing temporary or extracurricular duties beyond the regular school day or
the regular school year.
(2) In the case of a person
who becomes a member of the retirement system on or after July 1, 2007,
"compensation" means the amount of the contractual salary equivalent
to the annual maximum wage contribution base for Social Security, pursuant to the
Federal Insurance Contributions Act, for services as a teacher as defined in
this article, which is in accordance with established salary policies of the
member's employer for all employees in the same position but shall not include
individual salary adjustments which are granted primarily in anticipation of
the member's retirement or additional remuneration for performing temporary or
extracurricular duties beyond the regular school day or the regular school
year. This paragraph shall not apply to a person who at the time of enrollment
in the retirement system on or after July 1, 2007 transfers service credit from
another State-administered retirement system pursuant to N.J.S.18A:66-15.1, but
shall apply to a former member of the retirement system who has been granted a
retirement allowance and is reenrolled in the retirement system on or after
July 1, 2007 pursuant to N.J.S.18A:66-53.2 after becoming employed again in a
position that makes the person eligible to be a member of the retirement
system.
For the period of July 1, 2009
through June 30, 2011, "contractual salary" for State employees shall
include wage increases under a collective negotiations agreement
notwithstanding that, by amendment to that collective negotiations agreement,
the effective date of the contractual increase has been deferred. For the
purpose of this paragraph, "State employee" means an employee in the
Executive Branch of State government of New Jersey.
e. "Employer"
means the State, the board of education or any educational institution or
agency of or within the State by which a teacher is paid.
f. (1) "Final
compensation" means the average annual compensation for which
contributions are made for the three years of creditable service in New Jersey
immediately preceding the member's retirement or death, or it shall mean the
average annual compensation for New Jersey service for which contributions are
made during any three fiscal years of his or her membership providing the
largest possible benefit to the member or the member's beneficiary.
(2) In the case of a person
who becomes a member of the retirement system on or after the effective date of
P.L.2010, c.1, "final compensation" means the average annual
compensation for which contributions are made for the five years of creditable service
in New Jersey immediately preceding the member's retirement or death, or it
shall mean the average annual compensation for New Jersey service for which
contributions are made during any five fiscal years of his or her membership
providing the largest possible benefit to the member or the member's
beneficiary.
g. "Fiscal year"
means any year commencing with July 1, and ending with June 30, next following.
h. "Pension"
means payments for life derived from appropriations made by the State or
employers to the Teachers' Pension and Annuity Fund.
i. "Annuity
reserve" means the present value of all payments to be made on account of
any annuity or benefit in lieu of an annuity, granted under the provisions of
this article, computed on the basis of such mortality tables recommended by the
actuary as the board of trustees adopts, with regular interest.
j. "Pension
reserve" means the present value of all payments to be made on account of
any pension or benefit in lieu of a pension granted to a member from the
Teachers' Pension and Annuity Fund, computed on the basis of such mortality
tables recommended by the actuary as the board of trustees adopts, with regular
interest.
k. "Present-entrant"
means any member of the Teachers' Pension and Annuity Fund who had established
status as a "present-entrant member" of said fund prior to January 1,
1956.
l. "Rate of
contribution initially certified" means the rate of contribution certified
by the retirement system in accordance with N.J.S.18A:66-29.
m. "Regular interest"
shall mean interest as determined by the State Treasurer, after consultation
with the Directors of the Divisions of Investment and Pensions, the board of
trustees and the actuary. It shall bear a reasonable relationship to the
percentage rate of earnings on investments based on the market value of assets
but shall not exceed the assumed percentage rate of increase applied to
salaries plus [3%] three
percent, provided however that the board of trustees shall not set the
average percentage rate of increase applied to salaries below [6%] six
percent.
n. "Retirement
allowance" means the pension plus the annuity.
o. "School
service" means any service as a "teacher" as defined in this
section.
p. "Teacher"
means any regular teacher, special teacher, helping teacher, teacher clerk,
principal, vice-principal, supervisor, supervising principal, director,
superintendent, city superintendent, assistant city superintendent, county
superintendent, State Commissioner or Assistant Commissioner of Education,
members of the State Department of Education who are certificated, unclassified
professional staff and other members of the teaching or professional staff of
any class, public school, renaissance school project established pursuant to
P.L.2011, c.176 (C.18A:36C-1 et seq.) upon commencement of
employment, high school, normal school, model school, training school,
vocational school, truant reformatory school, or parental school, and of any
and all classes or schools within the State conducted under the order and superintendence,
and wholly or partly at the expense of the State Board of Education, of a duly
elected or appointed board of education, board of school directors, or board of
trustees of the State or of any school district or normal school district
thereof, and any persons under contract or engagement to perform one or more of
these functions. It shall also mean any person who serves, while on an approved
leave of absence from regular duties as a teacher, as an officer of a local,
county or State labor organization which represents, or is affiliated with an
organization which represents, teachers as defined in this subsection. No
person shall be deemed a teacher within the meaning of this article who is a
substitute teacher. In all cases of doubt the board of trustees shall determine
whether any person is a teacher as defined in this article.
q. "Teachers' Pension
and Annuity Fund," hereinafter referred to as the "retirement
system" or "system," is the corporate name of the arrangement
for the payment of retirement allowances and other benefits under the
provisions of this article, including the several funds placed under said
system. By that name all its business shall be transacted, its funds invested,
warrants for money drawn, and payments made and all of its cash and securities
and other property held.
r. "Veteran"
means any honorably discharged officer, soldier, sailor, airman, marine or
nurse who served in any Army, Air Force or Navy of the Allies of the United
States in World War I between July 14, 1914, and November 11, 1918, or who
served in any Army, Air Force or Navy of the Allies of the United States in
World War II, between September 1, 1939, and September 2, 1945, and who was
inducted into such service through voluntary enlistment, and was a citizen of
the United States at the time of such enlistment, and who did not, during or by
reason of such service, renounce or lose United States citizenship, and any
officer, soldier, sailor, marine, airman, nurse or army field clerk who has
served in the active military or naval service of the United States and has or
shall be discharged or released therefrom under conditions other than
dishonorable, or any discharged LGBTQ veteran, as defined in section 1 of
P.L. , c. (C. ) (pending before the Legislature as this bill), from
active service in any branch of the Armed Forces of the United States, in
any of the following wars, uprisings, insurrections, expeditions or
emergencies, and who has presented to the retirement system evidence of such
record of service in form and content satisfactory to said retirement system:
(1) The Indian wars and
uprisings during any of the periods recognized by the War Department of the
United States as periods of active hostility;
(2) The Spanish-American War
between April 20, 1898, and April 11, 1899;
(3) The Philippine
insurrections and expeditions during the periods recognized by the War
Department of the United States as of active hostility from February 4, 1899,
to the end of 1913;
(4) The Peking relief
expedition between June 20, 1900, and May 27, 1902;
(5) The army of Cuban
occupation between July 18, 1898, and May 20, 1902;
(6) The army of Cuban
pacification between October 6, 1906, and April 1, 1909;
(7) The Mexican punitive
expedition between March 14, 1916, and February 7, 1917;
(8) The Mexican border
patrol, having actually participated in engagements against Mexicans between
April 12, 1911, and June 16, 1919;
(9) World War I, between
April 6, 1917, and November 11, 1918;
(10) World War II, between
September 16, 1940, and December 31, 1946, who shall have served at least 90
days in such active service, exclusive of any period of assignment (1) for a
course of education or training under the Army Specialized Training Program or
the Navy College Training Program, which course was a continuation of a
civilian course and was pursued to completion, or (2) as a cadet or midshipman
at one of the service academies, any part of which 90 days was served between
said dates; provided that any person receiving an actual service-incurred
injury or disability shall be classed as a veteran, whether or not that person
has completed the 90-day service as herein provided;
(11) Korean conflict on or
after June 23, 1950, and on or prior to January 31, 1955, who shall have served
at least 90 days in such active service, exclusive of any period of assignment
(1) for a course of education or training under the Army Specialized Training
Program or the Navy College Training Program, which course was a continuation
of a civilian course and was pursued to completion, or (2) as a cadet or
midshipman at one of the service academies, any part of which 90 days was
served between said dates; provided that any person receiving an actual
service-incurred injury or disability shall be classed as a veteran, whether or
not that person has completed the 90-day service as herein provided; and
provided further that any member classed as a veteran pursuant to this
subsection prior to August 1, 1966, shall continue to be classed as a veteran,
whether or not that person completed the 90-day service between said dates as
herein provided;
(12) Lebanon crisis, on or
after July 1, 1958, who has served in Lebanon or on board any ship actively
engaged in patrolling the territorial waters of that nation for a period,
continuous or in the aggregate, of at least 14 days commencing on or before
November 1, 1958 or the date of termination of that conflict, as proclaimed by
the President of the United States or Congress, whichever date of termination
is the latest, in such active service; provided, that any person receiving an
actual service-incurred injury or disability shall be classed as a veteran
whether or not that person has completed the 14 days' service as herein
provided;
(13) Vietnam conflict, on
or after December 31, 1960, and on or prior to May 7, 1975, who shall have
served at least 90 days in such active service, exclusive of any period of
assignment (1) for a course of education or training under the Army Specialized
Training Program or the Navy College Training Program, which course was a
continuation of a civilian course and was pursued to completion, or (2) as a
cadet or midshipman at one of the service academies, any part of which 90 days
was served between said dates; and exclusive of any service performed pursuant
to the provisions of section 511(d) of Title 10, United States Code, pursuant
to an enlistment in the Army National Guard or as a reserve for service in the
Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or Coast
Guard Reserve; provided that any person receiving an actual service-incurred
injury or disability shall be classed as a veteran, whether or not that person
has completed the 90-day service as herein provided;
(14) Lebanon peacekeeping
mission, on or after September 26, 1982, who has served in Lebanon or on board
any ship actively engaged in patrolling the territorial waters of that nation
for a period, continuous or in the aggregate, of at least 14 days commencing on
or before December 1, 1987 or the date of termination of that mission, as
proclaimed by the President of the United States or Congress, whichever date of
termination is the latest, in such active service; provided, that any person
receiving an actual service-incurred injury or disability shall be classed as a
veteran whether or not that person has completed the 14 days' service as herein
provided;
(15) Grenada peacekeeping
mission, on or after October 23, 1983, who has served in Grenada or on board
any ship actively engaged in patrolling the territorial waters of that nation
for a period, continuous or in the aggregate, of at least 14 days commencing on
or before November 21, 1983 or the date of termination of that mission, as
proclaimed by the President of the United States or Congress, whichever date of
termination is the latest, in such active service; provided, that any person
receiving an actual service-incurred injury or disability shall be classed as a
veteran whether or not that person has completed the 14 days' service as herein
provided;
(16) Panama peacekeeping
mission, on or after December 20, 1989 or the date of inception of that
mission, as proclaimed by the President of the United States or Congress,
whichever date of inception is earliest, who has served in Panama or on board
any ship actively engaged in patrolling the territorial waters of that nation
for a period, continuous or in the aggregate, of at least 14 days commencing on
or before January 31, 1990 or the date of termination of that mission, as
proclaimed by the President of the United States or Congress, whichever date of
termination is the latest, in such active service; provided, that any person
receiving an actual service-incurred injury or disability shall be classed as a
veteran whether or not that person has completed the 14 days' service as herein
provided;
(17) Operation "Desert
Shield/Desert Storm" mission in the Arabian peninsula and the Persian
Gulf, on or after August 2, 1990 or the date of inception of that operation, as
proclaimed by the President of the United States or Congress, whichever date of
inception is earliest, who has served in the Arabian peninsula or on board any
ship actively engaged in patrolling the Persian Gulf for a period, continuous
or in the aggregate, of at least 14 days commencing on or before the date of
termination of that mission, as proclaimed by the President of the United
States or Congress, whichever date of termination is the latest, in such active
service; provided, that any person receiving an actual service-incurred injury
or disability shall be classed as a veteran whether or not that person has
completed the 14 days' service as herein provided;
(18) Operation Northern
Watch and Operation Southern Watch, on or after August 27, 1992, or the date of
inception of that operation, as proclaimed by the President of the United
States, Congress or United States Secretary of Defense, whichever date of
inception is earliest, who served in the theater of operation, including in the
Arabian peninsula and the Persian Gulf, and in direct support of that operation
for a period, continuously or in the aggregate, of at least 14 days in such
active service, commencing on or before the date of termination of the
operation, as proclaimed by the President of the United States, Congress or
United States Secretary of Defense, whichever date of termination is latest;
provided, that any person receiving an actual service-incurred injury or
disability while engaged in such service shall be classed as a veteran whether
or not that person has completed the 14 days' service as herein provided;
(19) Operation
"Restore Hope" in Somalia, on or after December 5, 1992, or the date
of inception of that operation as proclaimed by the President of the United
States or Congress, whichever date is earliest, who has served in Somalia or on
board any ship actively engaged in patrolling the territorial waters of that
nation for a period, continuously or in the aggregate, of at least 14 days in
such active service commencing on or before March 31, 1994; provided that any
person receiving an actual service-incurred injury or disability shall be
classed as a veteran whether or not that person has completed the 14-day
service as herein provided;
(20) Operations "Joint
Endeavor" and "Joint Guard" in the Republic of Bosnia and Herzegovina,
on or after November 20, 1995, who served in such active service in direct
support of one or both of the operations for at least 14 days, continuously or
in the aggregate, commencing on or before June 20, 1998, and (1) was deployed
in that nation or in another area in the region, or (2) was on board a United
States naval vessel operating in the Adriatic Sea, or (3) operated in airspace
above the Republic of Bosnia and Herzegovina; provided that any person
receiving an actual service-incurred injury or disability shall be classed as a
veteran whether or not that person completed the 14-day service requirement;
(21) Operation
"Enduring Freedom", on or after September 11, 2001, who served in a
theater of operation and in direct support of that operation for a period,
continuously or in the aggregate, of at least 14 days in such active service
commencing on or before the date the President of the United States or the
United States Secretary of Defense designates as the termination date of that
operation; provided, that any person receiving an actual service-incurred
injury or disability while engaged in such service shall be classed as a
veteran whether or not that person has completed the 14 days' service as herein
provided; and
(22) Operation "Iraqi
Freedom", on or after the date the President of the United States or the
United States Secretary of Defense designates as the inception date of that
operation, who served in Iraq or in another area in the region in direct
support of that operation for a period, continuously or in the aggregate, of at
least 14 days in such active service commencing on or before the date the
President of the United States or the United States Secretary of Defense
designates as the termination date of that operation; provided, that any person
receiving an actual service-incurred injury or disability while engaged in such
service shall be classed as a veteran whether or not that person has completed
the 14 days' service as herein provided.
"Veteran" also means
any honorably discharged member of the American Merchant Marine who served
during World War II and is declared by the United States Department of Defense
to be eligible for federal veterans' benefits.
s. "Child" means
a deceased member's unmarried child either (a) under the age of 18 or (b) of
any age who, at the time of the member's death, is disabled because of mental
retardation or physical incapacity, is unable to do any substantial, gainful
work because of the impairment and the impairment has lasted or can be expected
to last for a continuous period of not less than 12 months, as affirmed by the
medical board.
t. (1)
"Widower," for employees of the State, means the man to whom a member
was married, or a domestic partner as defined in section 3 of P.L.2003, c.246
(C.26:8A-3), at least five years before the date of her death and to whom she
continued to be married or a domestic partner until the date of her death and
who was receiving at least one-half of his support from the member in the
12-month period immediately preceding the member's death or the accident which
was the direct cause of the member's death. The dependency of such a widower
will be considered terminated by marriage of, or establishment of a domestic
partnership by, the widower subsequent to the death of the member. In the event
of the payment of an accidental death benefit, the five-year qualification
shall be waived.
(2) Subject to the
provisions of paragraph (3) of this subsection, "widower," for
employees of public employers other than the State, means the man to whom a
member was married at least five years before the date of her death and to whom
she continued to be married until the date of her death and who was receiving
at least one-half of his support from the member in the 12-month period immediately
preceding the member's death or the accident which was the direct cause of the
member's death. The dependency of such a widower shall be considered terminated
by marriage of the widower subsequent to the death of the member. In the event
of the payment of an accidental death benefit, the five-year qualification
shall be waived.
(3) A public employer other
than the State may adopt a resolution providing that the term
"widower" as defined in paragraph (2) of this subsection shall
include domestic partners as provided in paragraph (1) of this subsection.
u. (1) "Widow,"
for employees of the State, means the woman to whom a member was married, or a
domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), at
least five years before the date of his death and to whom he continued to be
married or a domestic partner until the date of his death and who was receiving
at least one-half of her support from the member in the 12-month period
immediately preceding the member's death or the accident which was the direct
cause of the member's death. The dependency of such a widow will be considered
terminated by the marriage of, or establishment of a domestic partnership by,
the widow subsequent to the member's death. In the event of the payment of an
accidental death benefit, the five-year qualification shall be waived.
(2) Subject to the
provisions of paragraph (3) of this subsection, "widow," for
employees of public employers other than the State, means the woman to whom a
member was married at least five years before the date of his death and to whom
he continued to be married until the date of his death and who was receiving at
least one-half of her support from the member in the 12-month period
immediately preceding the member's death or the accident which was the direct
cause of the member's death. The dependency of such a widow shall be considered
terminated by the marriage of the widow subsequent to the member's death. In
the event of the payment of an accidental death benefit, the five-year qualification
shall be waived.
(3) A public employer other
than the State may adopt a resolution providing that the term
"widower" as defined in paragraph (2) of this subsection shall
include domestic partners as provided in paragraph (1) of this subsection.
v. "Parent" means
the parent of a member who was receiving at least one-half of the parent's
support from the member in the 12-month period immediately preceding the
member's death or the accident which was the direct cause of the member's
death. The dependency of such a parent will be considered terminated by
marriage of the parent subsequent to the death of the member.
w. "Medical board"
means the board of physicians provided for in N.J.S.18A:66-56.
x. (1) "Spouse,"
for employees of the State, means the husband or wife, or domestic partner as
defined in section 3 of P.L.2003, c.246 (C.26:8A-3), of a member.
(2) Subject to the
provisions of paragraph (1) of this subsection, "spouse," for
employees of public employers other than the State, means the husband or wife
of a member.
(3) A public employer other
than the State may adopt a resolution providing that the term
"spouse" as defined in paragraph (2) of this subsection shall include
domestic partners as provided in paragraph (1) of this subsection.
(cf: P.L.2018, c.129, s.1)
9. Section 3 of P.L.2009,
c.279 (C.18A:75A-3) is amended to read as follows:
3. Article II: Definitions
As used in this compact,
unless the context clearly requires a different construction:
a. "Active duty"
means full-time duty status in the active uniformed service of the United
States, including members of the National Guard and Reserve on active duty
orders pursuant to 10 U.S.C. ss.1209 and 1211.
b. "Children of
military families" means a school-aged child or children, enrolled in
Kindergarten through Twelfth grade, in the household of an active duty member.
c. "Compact
commissioner" means the voting representative of each compacting state
appointed pursuant to Article VIII of this compact.
d. "Deployment"
means the period one month prior to the service members' departure from their
home station on military orders through six months after return to their home
station.
e. "Education or
educational records" means those official records, files, and data
directly related to a student and maintained by the school or local education
agency, including but not limited to records encompassing all the material kept
in the student's cumulative folder such as general identifying data, records of
attendance and of academic work completed, records of achievement and results
of evaluative tests, health data, disciplinary status, test protocols, and
individualized education programs.
f. "Extracurricular
activities" means a voluntary activity sponsored by the school or local
education agency or an organization sanctioned by the local education agency.
Extracurricular activities include, but are not limited to, preparation for and
involvement in public performances, contests, athletic competitions,
demonstrations, displays, and club activities.
g. "Interstate
Commission on Educational Opportunity for Military Children" means the
commission that is created under Article IX of this compact, which is generally
referred to as the Interstate Commission.
h. "Local education
agency" means a public authority legally constituted by the state as an
administrative agency to provide control of and direction for Kindergarten
through Twelfth grade public educational institutions.
i. "Member
state" means a state that has enacted this compact.
j. "Military
installation" means a base, camp, post, station, yard, center, homeport
facility for any ship, or other activity under the jurisdiction of the
Department of Defense, including any leased facility, which is located within
any of the several States, the District of Columbia, the Commonwealth of Puerto
Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas
Islands and any other U.S. Territory. Such term does not include any facility
used primarily for civil works, rivers and harbors projects, or flood control
projects.
k. "Non-member
state" means a state that has not enacted this compact.
l. "Receiving
state" means the state to which a child of a military family is sent,
brought, or caused to be sent or brought.
m. "Rule" means a
written statement by the Interstate Commission promulgated pursuant to Article
XII of this compact that is of general applicability, implements, interprets or
prescribes a policy or provision of the Compact, or an organizational,
procedural, or practice requirement of the Interstate Commission, and has the
force and effect of statutory law in a member state, and includes the
amendment, repeal, or suspension of an existing rule.
n. "Sending
state" means the state from which a child of a military family is sent,
brought, or caused to be sent or brought.
o. "State" means
a state of the United States, the District of Columbia, the Commonwealth of
Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern
Marianas Islands and any other U.S. Territory.
p. "Student"
means the child of a military family for whom the local education agency
receives public funding and who is formally enrolled in Kindergarten through
Twelfth grade.
q. "Transition"
means (1) the formal and physical process of transferring from school to school
or (2) the period of time in which a student moves from one school in the
sending state to another school in the receiving state.
r. "Uniformed service
or services" means the Army, Navy, Air Force, Marine Corps, Coast Guard as
well as the Commissioned Corps of the National Oceanic and Atmospheric
Administration, and Public Health Services.
s. "Veteran"
means a person who served in the [uniformed
services]
Uniformed Services of the United States and who was discharged or
released therefrom under conditions other than dishonorable, or a discharged
LGBTQ veteran, as defined in section 1 of P.L. , c. (C. ) (pending
before the Legislature as this bill).
(cf: P.L.2009, c.279, s.3)
10. Section 4 of P.L.1992,
c.43 (C.34:15D-4) is amended to read as follows:
4. a. The Workforce
Development Partnership Program is hereby established in the Department of
Labor and Workforce Development and shall be administered by the Commissioner
of Labor and Workforce Development. The purpose of the program is to provide
qualified displaced, disadvantaged and employed workers with the employment and
training services most likely to enable the individual to obtain employment
providing self-sufficiency for the individual and also to provide the greatest
opportunity for long-range career advancement with high levels of productivity
and earning power. To implement that purpose, the program shall provide those
services by means of training grants or customized training services in
coordination with funding for the services from federal or other sources. The
commissioner is authorized to expend moneys from the Workforce Development
Partnership Fund to provide the training grants or customized training services
and provide for each of the following:
(1) The cost of counseling
required pursuant to section 7 of P.L.1992, c.43 (C.34:15D-7), to the extent
that adequate funding for counseling is not available from federal or other
sources;
(2) Reasonable
administrative costs, which shall not exceed 10 percent of the revenues
collected pursuant to section 2 of P.L.1992, c.44 (C.34:15D-13) during any
fiscal year ending before July 1, 2001, except for additional start-up
administrative costs approved by the Director of the Office of Management and
Budget during the first year of the program's operation;
(3) Reasonable costs, which
shall not exceed 0.5 percent of the revenues collected pursuant to section 2 of
P.L.1992, c.44 (C.34:15D-13) during any fiscal year ending before July 1, 2001,
as required by the State Employment and Training Commission to design criteria
and conduct an annual evaluation of the program; and
(4) The cost of
reimbursement to individuals for excess contributions pursuant to section 6 of
P.L.1992, c.44 (C.34:15D-17).
b. Not more than 10 percent
of the moneys received by any service provider pursuant to this act shall be
expended on anything other than direct costs to the provider of providing the
employment and training services, which direct costs shall not include any
administrative or overhead expense of the provider.
c. Training and employment
services or other workforce investment services shall be provided to a worker
who receives counseling pursuant to section 7 of P.L.1992, c.43 (C.34:15D-7)
only if the counselor who evaluates the worker pursuant to that section
determines that the worker can reasonably be expected to successfully complete
the training and instruction identified in the Employability Development Plan
developed pursuant to that section for the worker.
d. All occupational
training provided under this act:
(1) Shall be training which
is likely to substantially enhance the individual's marketable skills and
earning power; and
(2) Shall be training for a
labor demand occupation, except for:
(a) Customized training
provided to the present employees of a business which the commissioner deems to
be in need of the training to prevent job loss caused by obsolete skills,
technological change or national or global competition; or
(b) Customized training
provided to employees at a facility which is being relocated from another state
into New Jersey; or
(c) Entrepreneurial training
and technical assistance supported by training grants provided pursuant to
subsection b. of section 6 of P.L.1992, c.43 (C.34:15D-6).
e. During any fiscal year
ending before July 1, 2001, not less than 25 percent of the total revenues
dedicated to the program during any one fiscal year shall be reserved to
provide employment and training services for qualified displaced workers; not
less than six percent of the total revenues dedicated to the program during any
one fiscal year shall be reserved to provide employment and training services
for qualified disadvantaged workers; not less than 45 percent of the total
revenues dedicated to the program during any one fiscal year shall be reserved
for and appropriated to the Office of Customized Training; not less than three
percent of the total revenues dedicated to the program during any one fiscal
year shall be reserved for occupational safety and health training; and five
percent of the total revenues dedicated to the program during any one fiscal
year shall be reserved for and appropriated to the Youth Transitions to Work
Partnership created pursuant to P.L.1993, c.268 (C.34:15E-1 et seq.).
f. Funds available under
the program shall not be used for activities which induce, encourage or assist:
any displacement of currently employed workers by trainees, including partial
displacement by means such as reduced hours of currently employed workers; any
replacement of laid off workers by trainees; or any relocation of operations
resulting in a loss of employment at a previous workplace located in the State.
g. On-the-job training
shall not be funded by the program for any employment found by the commissioner
to be of a level of skill and complexity too low to merit training. The
duration of on-the-job training funded by the program for any worker shall not
exceed the duration indicated by the Bureau of Labor Statistics' Occupational
Information Network, or "O*NET," for the occupation for which the
training is provided and shall in no case exceed 26 weeks. The department
shall set the duration of on-the-job training for a worker for less than the
indicated maximum, when training for the maximum duration is not warranted
because of the level of the individual's previous training, education or work
experience. On-the-job training shall not be funded by the program unless it is
accompanied, concurrently or otherwise, by whatever amount of classroom-based
or equivalent occupational training, remedial instruction or both, is deemed
appropriate for the worker by the commissioner. On-the-job training shall not
be funded by the program unless the trainee is provided benefits, pay and
working conditions at a level and extent not less than the benefits and working
conditions of other trainees or employees of the trainee's employer with
comparable skills, responsibilities, experience and seniority.
h. Employment and training
services funded by the program shall not replace, supplant, compete with or
duplicate in any way approved apprenticeship programs.
i. No activities funded by
the program shall impair existing contracts for services or collective
bargaining agreements, except that activities which would be inconsistent with
the terms of a collective bargaining agreement may be undertaken with the
written concurrence of the collective bargaining unit and employer who are
parties to the agreement.
j. All staff who are hired
and supported by moneys from the Workforce Development Partnership Fund,
including any of those staff located at any One Stop Career Center, but not
including any staff of a service provider providing employment and training
services supported by a customized training grant pursuant to section 5 of
P.L.1992, c.43 (C.34:15D-5) or an individual training grant pursuant to section
6 of P.L.1992, c.43 (C.34:15D-6), shall be hired and employed by the State
pursuant to Title 11A, Civil Service, of the New Jersey Statutes, be hired and
employed by a political subdivision of the State, or be qualified staff hired
and employed by a non-profit organization which began functioning as the One
Stop Career Center operator with the written consent of the chief elected
official and the commissioner prior to the effective date of P.L.2004, c.39
(C.34:1A-1.2 et al.), or be qualified staff hired and employed by an approved
community-based or faith-based organization to provide services at the level of
staffing provided in an agreement entered into by the organization before the
effective date of P.L.2004, c.39 (C.34:1A-1.2 et al.).
k. Employers in the State
who apply for grants for training and employment services or other workforce
investment services for their employees in the State shall be evaluated by the
commissioner and preference shall be given to those employers who:
(1) provide equipment,
supplies, or services to military bases and installations pursuant to a
procurement or military contract with the United States Department of Defense,
the United States Department of Veterans Affairs, or any branch of the United
States Armed Forces;
(2) are engaged in one or
more of the following fields or industries: science, technology, engineering,
mathematics, or advanced manufacturing within these fields or industries;
(3) are manufacturers; or
(4) intend to train
veterans.
Pursuant to this paragraph,
"veteran" means any resident of the State now or hereafter who has
served in any branch of the Armed Forces of the United States or a Reserve
component thereof or the National Guard of this State or another state as
defined in section 1 of P.L.1963, c.109 (C.38A:1-1), and has been discharged
honorably or under general honorable conditions from that service, or a
discharged LGBTQ veteran, as defined in section 1 of P.L. , c. (C. ) (pending
before the Legislature as this bill).
(cf: P.L.2019, c.500, s.2)
11. Section 1 of P.L.1989,
c.162 (C.38A:3-6.3) is amended to read as follows:
1. As used in this act,
unless otherwise indicated by the context:
a. "Adjutant
General" means the Adjutant General of the Department of Military and
Veterans' Affairs.
b. "Advisory
council" means the advisory council of a veterans' facility or of the
veterans' cemetery.
c. "Member"
means a person admitted to and receiving care in a veterans' facility.
d. "Veteran"
means a person who has been honorably discharged from the active military
service of the United States, or a discharged LGBTQ veteran, as defined in
section 1 of P.L. , c. (C. ) (pending before the Legislature as this
bill), from the active military service of the United States.
e. "Veterans'
facility" means any home, institution, hospital, or part thereof, the
admission to which is under the jurisdiction of the Department of Military and
Veterans' Affairs.
(cf: P.L.1989, c.162, s.1)
12. Section 1 of P.L.2013,
c.165 (C.39:3-10f6) is amended to read as follows:
1. a. (1) In addition to
the requirements for the form and content of a motor vehicle driver's license
under R.S.39:3-10 and a probationary license issued under section 4 of
P.L.1950, c.127 (C.39:3-13.4), the Chief Administrator of the New Jersey Motor
Vehicle Commission shall, upon submission of satisfactory proof, designate on
an initial license, renewal license, or probationary license, as appropriate,
that the license holder is a veteran of the Armed Forces of the United States
of America or the New Jersey National Guard. The designation of veteran status
on an initial license, renewal license, or probationary license shall not be
deemed sufficient valid proof of veteran status for official governmental
purposes when any other statute, or any regulation or other directive of a
governmental entity, requires documentation of veteran status.
(2) In addition to the
requirements for the form and content of a motor vehicle driver's license under
R.S.39:3-10 and a probationary license issued under section 4 of P.L.1950,
c.127 (C.39:3-13.4), the Chief Administrator of the New Jersey Motor Vehicle
Commission shall, upon submission of satisfactory proof, designate on an initial
license, renewal license, or probationary license, as appropriate, that the
license holder is a Gold Star Family member. The commission shall provide to
the Department of Military and Veterans' Affairs personal identifying
information of any person issued a driver's license with a Gold Star Family
designation pursuant to this section.
b. For the purpose of this
section:
"Gold Star Family
member" means a spouse, domestic partner, partner in a civil union,
parent, brother, sister, child, legal guardian, or other legal custodian,
whether of the whole or half blood or by adoption, of a member of the Armed
Forces of the United States or National Guard, who lost his or her life while
on active duty for the United States.
"Veteran" means any
resident of the State now or hereafter who has been discharged honorably or
under general honorable conditions in any branch of the Armed Forces of the
United States, or a Reserve component thereof, or the National Guard of this
State or another state as defined in section 1 of P.L.1963, c.109 (C.38A:1-1),
or a discharged LGBTQ veteran, as defined in section 1 of P.L. , c. (C.
) (pending before the Legislature as this bill), in any branch of the Armed
Forces of the United States.
"Satisfactory proof"
means, in the case of a veteran, the applicant's DD-214, DD-215, or DD-256 form
as issued by the federal government, NGB-22 or other approved separation forms
as outlined by all branches of the Armed Forces, or federal activation orders
showing service under Title 10, section 672 or section 12301, of the United
States Code, or a county-issued veteran identification card pursuant to
P.L.2012, c.30 (C.40A:9-78.1 et seq.), or a veteran identification card as
issued by the United States Department of Veterans Affairs under the
"Veterans Identification Card Act of 2015" (38 U.S.C. s.5706). In
the case of a discharged LGBTQ veteran, satisfactory proof also includes a copy
of the eligibility form issued by the Department of Military and Veterans'
Affairs, pursuant to section 2 of P.L. , c. (C. ) (pending before the
Legislature as this bill). In the case of a Gold Star Family member,
satisfactory proof includes any or all of the following:
(1) a certification from the
Department of New Jersey of American Gold Star Mothers, Inc., or any other
organization formed for the support of family members of members of the Armed
Forces of the United States or National Guard, who lost their lives while on
active duty for the United States, that the applicant is either the spouse, domestic
partner, partner in a civil union, parent, brother, sister, child, legal
guardian, or other legal custodian, whether of the whole or half blood or by
adoption, of a member of the armed forces or National Guard who died while on
active duty for the United States; or
(2) (a) documentation deemed
acceptable by the Adjutant General, including, but not limited to, an NGB-22, a
federal DD Form 1300, Report of Casualty, or a federal DD Form 2064,
Certificate of Death Overseas, which identifies the member of the Armed Forces
of the United States or National Guard who died while on active duty for the
United States; and
(b) documentation indicating
the applicant's relationship to the service member.
(cf: P.L.2019, c.500, s.4)
13. Section 2 of P.L.1980, c.47
(C.39:3-29.3) is amended to read as follows:
2. a. (1) The New Jersey
Motor Vehicle Commission shall issue an identification card to any resident of
the State who is 14 years of age or older and who is not the holder of a valid
permit or basic driver's license. The identification card shall attest to the
true name, correct age, and veteran status, upon submission of satisfactory
proof, by any veteran, and shall contain other identifying data as certified by
the applicant for such identification card. Every application for an
identification card shall be signed and verified by the applicant and shall be
accompanied by the written consent of at least one parent or the person's legal
guardian if the person is under 17 years of age and shall be supported by such
documentary evidence of the age, identity, and veteran status, or blindness, or
disability of such person as the chief administrator may require.
A person issued an
identification card pursuant to this section may be issued a standard
identification card or a REAL ID identification card. The chief administrator
shall require any applicant for a standard identification card to provide as
proof of the applicant's identity, age, and residence primary and secondary
documents, with which the chief administrator shall attribute point values in
accordance with the point based identification verification program established
pursuant to section 28 of P.L.2003, c.13 (C.39:2A-28). The point total
required to prove the identity of an applicant for the standard probationary
license shall be the same for every applicant, regardless of immigration
status. In the event that the commission changes the point total threshold,
the requirement that every applicant reach the same point total threshold shall
remain in effect.
In addition to requiring an
applicant for an identification card to submit satisfactory proof of identity,
age, and, if appropriate, veteran status, the chief administrator also shall
require the applicant to provide:
(a) as a condition for
obtaining a standard identification card, proof of the applicant's social
security number and one document providing satisfactory proof that the
applicant is a New Jersey resident. If the applicant does not have a social
security number, the applicant shall either:
(i) provide satisfactory
proof of an Individual Taxpayer Identification Number; or
(ii) indicate, in a manner
prescribed by the commission and consistent with all other provisions of
P.L.2019, c.271 (C.39:3-10o et al.), that the applicant is not eligible to
receive a social security number; or
(b) as a condition for
obtaining a REAL ID identification card: two documents providing satisfactory
proof that the applicant is a New Jersey resident; proof of the applicant's
social security number or verification of ineligibility for a social security
number in accordance with the "REAL ID Act of 2005," Pub.L.109-13,
any acts amendatory or supplementary thereto, and any federal regulations
adopted thereunder; and proof that the applicant's presence in the United
States is authorized under federal law.
Any documents and personal
information, including an applicant's photograph, obtained by the commission
from an applicant for a standard identification card shall be confidential,
shall not be considered a government record pursuant to P.L.1963, c.73
(C.47:1A-1 et seq.), P.L.2001, c.404 (C.47:1A-5 et al.), or the common law
concerning access to government records, and shall not be disclosed by the
commission for any purposes related to Title 8 of the United States Code
without the informed consent of the applicant, a warrant signed by a State or
federal judge, or a lawful court order or subpoena; except that nothing in this
section shall be construed to prohibit, or in any way restrict, any action
where such prohibition or restriction would be contrary to federal law; and
except that information under this subsection may be shared in accordance with
section 2 of P.L.2021, c.139 (C.39:2-3.9). When responding to a warrant, court
order, or subpoena, the commission may disclose only those records or
information specifically requested in the warrant, court order, or subpoena.
Possession of a standard
identification card issued pursuant to this section shall not be considered
evidence of an individual's citizenship or immigration status and shall not be
used as a basis for an investigation, arrest, citation, prosecution, or
detention.
Information regarding an
applicant's Individual Tax Identification Number, social security number, or
ineligibility to receive a social security number obtained by the commission
for the issuance of a standard identification card pursuant to this section,
shall not be considered a government record pursuant to P.L.1963, c.73
(C.47:1A-1 et seq.), P.L.2001, c.404 (C.47:1A-5 et al.), or the common law
concerning access to government records, and shall not be disclosed by the
commission except where: (1) required by section 11 of P.L.1998, c.1
(C.2A:17-56.60); (2) the applicant provides written informed consent to the
disclosure; (3) the requesting entity presents a warrant signed by a State or
federal judge, a lawful court order, or a subpoena; (4) required by State or
federal law, and to the extent that the disclosure may be necessary to permit
the State to participate in the National Driver Register program, as set forth
in 49 U.S.C. s.30301 et seq.; (5) the disclosure is in connection with an audit
or investigation of identity fraud, driver's license fraud, or non-driver
identification card fraud; or (6) consistent with section 2 of P.L.2021, c.139
(C.39:2-3.9).
If the chief administrator has
reasonable cause to suspect that any document presented by an applicant
pursuant to this section is altered, false or otherwise invalid, the chief
administrator shall refuse to grant the identification card until such time as
the document may be verified by the issuing agency to the chief administrator's
satisfaction.
A person violating this
section shall be subject to a fine not exceeding $500 or imprisonment in the
county jail for not more than 60 days.
(2) In addition to the
requirements for the form and content of an identification card pursuant to
this section, the Chief Administrator of the New Jersey Motor Vehicle
Commission shall, upon submission of satisfactory proof, designate on an
identification card that the card holder is a Gold Star Family member. The
commission shall provide to the Department of Military and Veterans' Affairs
personal identifying information for any person issued an identification card
with a Gold Star Family designation pursuant to this section.
b. The designation of
veteran status on an identification card shall not be deemed sufficient valid
proof of veteran status for official governmental purposes when any other
statute, or any regulation or other directive of a governmental entity,
requires documentation of veteran status.
c. For the purpose of this
section:
"Gold Star Family
member" means a spouse, domestic partner, partner in a civil union,
parent, brother, sister, child, legal guardian, or other legal custodian,
whether of the whole or half blood or by adoption, of a member of the Armed
Forces of the United States or National Guard, who lost his or her life while
on active duty for the United States.
"REAL ID identification
card" shall have the same meaning as provided in R.S.39:1-1.
"Veteran" means any
resident of the State now or hereafter who has been discharged honorably or
under general honorable conditions in any branch of the Armed Forces of the
United States, or a Reserve component thereof, or the National Guard of this
State or another state as defined in section 1 of P.L.1963, c.109 (C.38A:1-1),
or a discharged LGBTQ veteran, as defined in section 1 of P.L. , c. (C. )
(pending before the Legislature as this bill), in any branch of the Armed
Forces of the United States; and
"Satisfactory proof"
means, in the case of a veteran, the applicant's DD-214, DD-215, or DD-256 form
as issued by the federal government, or NGB-22 or other approved separation
forms as outlined by all branches of the Armed Forces, or federal activation
orders showing service under Title 10, section 672 or section 12301, of the
United States Code, or a county-issued veteran identification card pursuant to
P.L.2012, c.30 (C.40A:9-78.1 et seq.), or a veteran identification card as
issued by the United States Department of Veterans Affairs under the
"Veterans Identification Card Act of 2015," (38 U.S.C. s.5706). In
the case of a discharged LGBTQ veteran, satisfactory proof also includes a copy
of the eligibility form issued by the Department of Military and Veterans'
Affairs, pursuant to section 2 of P.L. , c. (C. ) (pending before the
Legislature as this bill). In the case of a Gold Star Family member,
satisfactory proof includes any or all of the following:
(1) a certification from the
Department of New Jersey of American Gold Star Mothers, Inc., or any other
organization formed for the support of family members of members of the Armed
Forces of the United States or National Guard, who lost their lives while on
active duty for the United States, that the applicant is either the spouse,
domestic partner, partner in a civil union, parent, brother, sister, child,
legal guardian, or other legal custodian, whether of the whole or half blood or
by adoption, of a member of the armed forces or National Guard who died while
on active duty for the United States; or
(2) (a) documentation deemed
acceptable by the Adjutant General, including, but not limited to, a federal DD
Form 1300, Report of Casualty, or a federal DD Form 2064, Certificate of Death
Overseas, which identifies the member of the Armed Forces of the United States
or National Guard who died while on active duty for the United States; and
(b) documentation indicating
the applicant's relationship to the service member.
(cf: P.L.2021, c.139, s.8)
14. Section 1 of P.L.2017,
c.19 (C.40:37A-114.1) is amended to read as follows:
1. a. As used in this
section:
"Disabled veteran"
means any resident of the State who has been honorably discharged or released
under honorable circumstances from active service in any branch of the Armed
Forces of the United States and who has been or shall be declared by the United
States Veterans Administration, or its successor, to have a service-connected
disability.
"Veteran" means any
resident of the State who has been honorably discharged or released under
honorable circumstances from active service in any branch of the [armed forces] Armed
Forces of the United States, or a discharged LGBTQ veteran, as defined
in section 1 of P.L. , c. (C. ) (pending before the Legislature as this
bill), from active service in any branch of the Armed Forces of the United
States, and is a resident of the State, or any honorably discharged member
of the American Merchant Marine who served during World War II and is declared
by the United States Department of Defense to be eligible for federal veterans'
benefits.
b. In addition to any other
federal or State law regarding providing a veteran's affordable housing
preference, the Commissioner of Community Affairs shall establish rules and
regulations to provide a preference for affordable housing in a housing
project, as defined under subsection f. of section 2 of P.L.1979, c.275
(C.40:37A-107), to homeless veterans, disabled veterans, and family members who
are the primary residential caregivers to disabled veterans residing with
them. All applicants for the housing preference as specified herein shall also
be required to meet the income requirements for admission to the housing
project.
c. Among applicants
eligible to receive a housing project preference provided under subsection b.
of this section, priority for the preference shall be given to applicants as
follows: (1) homeless veterans shall receive first priority; (2) disabled
veterans shall receive second priority; and (3) family members who are the
primary residential caregivers to disabled veterans residing with them shall
receive third priority.
(cf: P.L.2017, c.19, s.1)
15. Section 1 of P.L.1955,
c.49 (C.40:61-22.20) is amended to read as follows:
1. a. The governing body
of any municipality bordering on the Atlantic Ocean, tidal water bays or rivers
which owns or shall acquire, by any deed of dedication or otherwise, lands
bordering on the ocean, tidal water bays or rivers, or easement rights therein,
for a place of resort for public health and recreation and for other public
purposes shall have the exclusive control, government and care thereof and of
any boardwalk, bathing and recreational facilities, safeguards and equipment,
now or hereafter constructed or provided thereon, and may, by ordinance, make
and enforce rules and regulations for the government and policing of such
lands, boardwalk, bathing facilities, safeguards and equipment; provided, that
such power of control, government, care and policing shall not be construed in
any manner to exclude or interfere with the operation of any State law or
authority with respect to such lands, property and facilities. Any such
municipality may, in order to provide funds to improve, maintain and police the
same and to protect the same from erosion, encroachment and damage by sea or
otherwise, and to provide facilities and safeguards for public bathing and
recreation, including the employment of lifeguards, by ordinance, make and
enforce rules and regulations for the government, use, maintenance and policing
thereof and provide for the charging and collecting of reasonable fees for the
registration of persons using said lands and bathing facilities, for access to
the beach and bathing and recreational grounds so provided and for the use of
the bathing and recreational facilities, but no such fees shall be charged or
collected from children under the age of 12 years.
b. A municipality may by
ordinance provide that no fees, or reduced fees, shall be charged to:
(1) persons 65 or more years
of age;
(2) persons who meet the
disability criteria for disability benefits under Title II of the federal
Social Security Act (42 U.S.C. s.401 et seq.);
(3) persons in active
military service in any of the Armed Forces of the United States and to their
spouse or dependent children over the age of 12 years;
(4) persons who are active
members of the New Jersey National Guard who have completed Initial Active Duty
Training and to their spouse or dependent children over the age of 12 years.
As used in this paragraph, "Initial Active Duty Training" means Basic
Military Training, for members of the New Jersey Air National Guard, and Basic
Combat Training and Advanced Individual Training, for members of the New Jersey
Army National Guard;
(5) persons who have served
in any of the Armed Forces of the United States and who were discharged or
released therefrom under conditions other than dishonorable and who either have
served at least 90 days in active duty or have been discharged or released from
active duty by reason of a service-incurred injury or disability. The Adjutant
General of the New Jersey Department of Military and Veterans' Affairs shall
promulgate rules and regulations pertaining to veteran eligibility under this
paragraph; [and]
(6) persons holding a driver's
license or identification card with a Gold Star Family designation issued
pursuant to section 1 of P.L.2013, c.165 (C.39:3-10f6) or section 2 of
P.L.1980, c.47 (C.39:3-29.3), respectively; and
(7) persons who qualify
as a discharged LGBTQ veteran, as defined in section 1 of P.L. , c. (C. )
(pending before the Legislature as this bill), from active duty in any branch
of the Armed Forces of the United States, and to their spouse or dependent children
over the age of 12 years.
c. A municipality
providing for no fees or reduced fees pursuant to paragraph (3), (4), (5), or
(6) of subsection b. of this section shall track, in a manner deemed
appropriate by the governing body of the municipality, the number of persons
who qualify under the provisions of those paragraphs.
d. A person who qualifies
for free access to beaches and bathing and recreational grounds and free use of
bathing and recreational facilities pursuant to paragraph (3), (4), (5), or (6)
of subsection b. of this section may, in lieu of obtaining and presenting a
municipal beach tag or similar admission pass to gain such access and use,
present a DD-214, DD-215, or DD-256 form as issued by the federal government,
NGB-22 or other approved separation forms as outlined by all branches of the
Armed Forces, a county-issued veteran identification card pursuant to P.L.2012,
c.30 (40A:9-78.1 et seq.), a veteran identification card as issued by the
United States Department of Veterans Affairs under the "Veterans
Identification Card Act of 2015," (38 U.S.C. 5706) or similar document, or
eligibility form issued by the Department of Military and Veterans' Affairs,
pursuant to section 2 of P.L. , c. (C. ) (pending before the
Legislature as this bill), or State driver's license or identification card
indicating that the holder is a veteran of the Armed Forces of the United
States or a Gold Star Family member.
e. A municipality that
issues a permit to operate a motorized vehicle on a beach shall not charge a
disabled veteran a fee to obtain, replace, or renew the permit.
For purposes of this section,
"disabled veteran" means any resident of the State who has been
honorably discharged or released under honorable circumstances from active
service in any branch of the Armed Forces of the United States and who has been
declared by the United States Department of Veterans Affairs, or its successor,
to have a service-connected disability of any degree.
(cf: P.L.2019, c.500, s.7)
16. Section 2 of P.L.2012,
c.30 (C.40A:9-78.2) is amended to read as follows:
2. As used in this act,
P.L.2012, c.30 (C.40A:9-78.1 et seq.), "veteran" means any resident
of this State now or hereafter who has served in any branch of the Armed Forces
of the United States or a Reserve component thereof or the National Guard of
this State or another State as defined in section 1 of P.L.1963, c.109
(C.38A:1-1), and has been discharged honorably or under general honorable
conditions from such service, or a discharged LGBTQ veteran, as defined in
section 1 of P.L. , c. (C. ) (pending before the Legislature as this
bill).
(cf: P.L.2019, c.500, s.8)
17. Section 2 of P.L.2017,
c.19 (C.40A:12A-20.2) is amended to read as follows:
2. a. As used in this
section:
"Disabled veteran"
means any resident of the State who has been honorably discharged or released
under honorable circumstances from active service in any branch of the Armed
Forces of the United States and who has been or shall be declared by the United
States Veterans Administration, or its successor, to have a service-connected
disability.
"Veteran" means any
resident of the State who has been honorably discharged or released under
honorable circumstances from active service in any branch of the [armed forces] Armed
Forces of the United States, or a discharged LGBTQ veteran, as defined
in section 1 of P.L. , c. (C. ) (pending before the Legislature as this
bill), from active service in any branch of the Armed Forces of the United
States, and is a resident of the State, or any honorably discharged member
of the American Merchant Marine who served during World War II and is declared
by the United States Department of Defense to be eligible for federal veterans'
benefits.
b. In addition to any other
federal or State law regarding providing a veteran's affordable housing
preference, the Commissioner of Community Affairs shall establish rules and
regulations to provide a preference for affordable housing in a housing project
to homeless veterans, disabled veterans, and family members who are the primary
residential caregivers to disabled veterans residing with them. All applicants
for the housing preference as specified herein shall also be required to meet
the income requirements for admission to the housing project.
c. Among applicants
eligible to receive a housing project preference provided under subsection b.
of this section, priority for the preference shall be given to applicants as
follows: (1) homeless veterans shall receive first priority; (2) disabled veterans
shall receive second priority; and (3) family members who are the primary
residential caregivers to disabled veterans residing with them shall receive
third priority.
(cf: P.L.2017, c.19, s.2)
18. Section 6 of P.L.1954,
c.84 (C.43:15A-6) is amended to read as follows:
6. As used in this act:
a. "Accumulated
deductions" means the sum of all the amounts, deducted from the
compensation of a member or contributed by or on behalf of the member, standing
to the credit of the member's individual account in the annuity savings fund.
b. "Annuity"
means payments for life derived from the accumulated deductions of a member as
provided in this act.
c. "Annuity
reserve" means the present value of all payments to be made on account of
any annuity or benefit in lieu of an annuity, granted under the provisions of
this act, computed on the basis of such mortality tables recommended by the
actuary as the board of trustees adopts, with regular interest.
d. "Beneficiary"
means any person receiving a retirement allowance or other benefit as provided
in this act.
e. "Child" means
a deceased member's unmarried child either (1) under the age of 18 or (2) of
any age who, at the time of the member's death, is disabled because of an
intellectual disability or physical incapacity, is unable to do any
substantial, gainful work because of the impairment and the impairment has
lasted or can be expected to last for a continuous period of not less than 12
months, as affirmed by the medical board.
f. "Parent"
shall mean the parent of a member who was receiving at least 1/2 of the
parent's support from the member in the 12-month period immediately preceding
the member's death or the accident which was the direct cause of the member's
death. The dependency of such a parent will be considered terminated by
marriage of the parent subsequent to the death of the member.
g. (1)
"Widower," for employees of the State, means the man to whom a member
was married, or a domestic partner as defined in section 3 of P.L.2003, c.246
(C.26:8A-3), at least five years before the date of her death and to whom she
continued to be married or a domestic partner until the date of her death and
who was receiving at least 1/2 of his support from the member in the 12-month
period immediately preceding the member's death or the accident which was the
direct cause of the member's death. The dependency of such a widower will be
considered terminated by marriage of, or establishment of a domestic
partnership by, the widower subsequent to the death of the member. In the event
of the payment of an accidental death benefit, the five-year qualification
shall be waived.
(2) Subject to the
provisions of paragraph (3) of this subsection, "widower," for
employees of public employers other than the State, means the man to whom a
member was married at least five years before the date of her death and to whom
she continued to be married until the date of her death and who was receiving
at least 1/2 of his support from the member in the 12-month period immediately
preceding the member's death or the accident which was the direct cause of the
member's death. The dependency of such a widower shall be considered terminated
by marriage of the widower subsequent to the death of the member. In the event
of the payment of an accidental death benefit, the five-year qualification
shall be waived.
(3) A public employer other
than the State may adopt a resolution providing that the term
"widower" as defined in paragraph (2) of this subsection shall
include domestic partners as provided in paragraph (1) of this subsection.
h. (1) "Final
compensation" means the average annual compensation for which
contributions are made for the three years of creditable service in New Jersey
immediately preceding the member's retirement or death, or it shall mean the
average annual compensation for New Jersey service for which contributions are
made during any three fiscal years of his or her membership providing the
largest possible benefit to the member or the member's beneficiary.
(2) In the case of a person
who becomes a member of the retirement system on or after the effective date of
P.L.2010, c.1, "final compensation" means the average annual
compensation for which contributions are made for the five years of creditable
service in New Jersey immediately preceding the member's retirement or death,
or it shall mean the average annual compensation for New Jersey service for
which contributions are made during any five fiscal years of his or her
membership providing the largest possible benefit to the member or the member's
beneficiary.
i. "Fiscal year"
means any year commencing with July 1 and ending with June 30 next following.
j. "Medical
board" shall mean the board of physicians provided for in section 17 of
P.L.1954, c.84 (C.43:15A-17).
k. "Pension"
means payments for life derived from appropriations made by the employer as
provided in this act.
l. "Pension
reserve" means the present value of all payments to be made on account of
any pension or benefit in lieu of a pension granted under the provisions of
this act, computed on the basis of such mortality tables recommended by the
actuary as the board of trustees adopts, with regular interest.
m. "Public Employees'
Retirement System of New Jersey," hereinafter referred to as the
"retirement system" or "system," is the corporate name of
the arrangement for the payment of retirement allowances and other benefits
under the provisions of this act including the several funds placed under said
system. By that name all of its business shall be transacted, its funds
invested, warrants for money drawn, and payments made and all of its cash and
securities and other property held.
n. "Regular
interest" shall mean interest as determined by the State Treasurer, after
consultation with the Directors of the Divisions of Investment and Pensions,
the board of trustees and the actuary. It shall bear a reasonable relationship
to the percentage rate of earnings on investments based on the market value of
the assets but shall not exceed the assumed percentage rate of increase applied
to salaries plus [3%] three
percent, provided however that the board of trustees shall not set the
average percentage rate of increase applied to salaries below [6%] six
percent.
o. "Retirement
allowance" means the pension plus the annuity.
p. "Veteran"
means any honorably discharged officer, soldier, sailor, airman, marine or
nurse who served in any Army, Air Force or Navy of the Allies of the United
States in World War I, between July 14, 1914, and November 11, 1918, or who
served in any Army, Air Force or Navy of the Allies of the United States in
World War II, between September 1, 1939, and September 2, 1945, and who was
inducted into such service through voluntary enlistment, and was a citizen of
the United States at the time of such enlistment, and who did not, during or by
reason of such service, renounce or lose United States citizenship, and any
officer, soldier, sailor, marine, airman, nurse or army field clerk, who has
served in the active military or naval service of the United States and has or
shall be discharged or released therefrom under conditions other than
dishonorable, or any discharged LGBTQ veteran, as defined in section 1 of
P.L. , c. (C. ) (pending before the Legislature as this bill), from
active service in any branch of the Armed Forces of the United States, in
any of the following wars, uprisings, insurrections, expeditions, or
emergencies, and who has presented to the retirement system evidence of such
record of service in form and content satisfactory to said retirement system:
(1) The Indian wars and
uprisings during any of the periods recognized by the War Department of the
United States as periods of active hostility;
(2) The Spanish-American War
between April 20, 1898, and April 11, 1899;
(3) The Philippine
insurrections and expeditions during the periods recognized by the War
Department of the United States as of active hostility from February 4, 1899,
to the end of 1913;
(4) The Peking relief
expedition between June 20, 1900, and May 27, 1902;
(5) The army of Cuban
occupation between July 18, 1898, and May 20, 1902;
(6) The army of Cuban
pacification between October 6, 1906, and April 1, 1909;
(7) The Mexican punitive
expedition between March 14, 1916, and February 7, 1917;
(8) The Mexican border
patrol, having actually participated in engagements against Mexicans between
April 12, 1911, and June 16, 1919;
(9) World War I, between
April 6, 1917, and November 11, 1918;
(10) World War II, between
September 16, 1940, and December 31, 1946, who shall have served at least 90
days in such active service, exclusive of any period of assignment (1) for a
course of education or training under the Army Specialized Training Program or
the Navy College Training Program which course was a continuation of a civilian
course and was pursued to completion, or (2) as a cadet or midshipman at one of
the service academies any part of which 90 days was served between said dates;
provided, that any person receiving an actual service-incurred injury or
disability shall be classed as a veteran whether or not that person has
completed the 90-day service as herein provided;
(11) Korean conflict on or
after June 23, 1950, and on or prior to January 31, 1955, who shall have served
at least 90 days in such active service, exclusive of any period of assignment
(1) for a course of education or training under the Army Specialized Training
Program or the Navy College Training Program which course was a continuation of
a civilian course and was pursued to completion, or (2) as a cadet or
midshipman at one of the service academies, any part of which 90 days was
served between said dates; provided, that any person receiving an actual
service-incurred injury or disability shall be classed as a veteran whether or
not that person has completed the 90-day service as herein provided; and
provided further, that any member classed as a veteran pursuant to this
paragraph prior to August 1, 1966, shall continue to be classed as a veteran
whether or not that person completed the 90-day service between said dates as
herein provided;
(12) Lebanon crisis, on or
after July 1, 1958, who has served in Lebanon or on board any ship actively
engaged in patrolling the territorial waters of that nation for a period,
continuous or in the aggregate, of at least 14 days commencing on or before
November 1, 1958 or the date of termination of that conflict, as proclaimed by
the President of the United States or Congress, whichever date of termination
is the latest, in such active service; provided, that any person receiving an
actual service-incurred injury or disability shall be classed as a veteran
whether or not that person has completed the 14 days' service as herein
provided;
(13) Vietnam conflict on or
after December 31, 1960, and on or prior to May 7, 1975, who shall have served
at least 90 days in such active service, exclusive of any period of assignment
(1) for a course of education or training under the Army Specialized Training
Program or the Navy College Training Program which course was a continuation of
a civilian course and was pursued to completion, or (2) as a cadet or
midshipman at one of the service academies, any part of which 90 days was
served between said dates; and exclusive of any service performed pursuant to
the provisions of section 511(d) of Title 10, United States Code, pursuant to
an enlistment in the Army National Guard or as a reserve for service in the
Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or Coast
Guard Reserve; provided, that any person receiving an actual service-incurred
injury or disability shall be classed as a veteran whether or not that person
has completed the 90 days' service as herein provided;
(14) Lebanon peacekeeping
mission, on or after September 26, 1982, who has served in Lebanon or on board
any ship actively engaged in patrolling the territorial waters of that nation
for a period, continuous or in the aggregate, of at least 14 days commencing on
or before December 1, 1987 or the date of termination of that mission, as
proclaimed by the President of the United States or Congress, whichever date of
termination is the latest, in such active service; provided, that any person
receiving an actual service-incurred injury or disability shall be classed as a
veteran whether or not that person has completed the 14 days' service as herein
provided;
(15) Grenada peacekeeping
mission, on or after October 23, 1983, who has served in Grenada or on board
any ship actively engaged in patrolling the territorial waters of that nation
for a period, continuous or in the aggregate, of at least 14 days commencing on
or before November 21, 1983 or the date of termination of that mission, as
proclaimed by the President of the United States or Congress, whichever date of
termination is the latest, in such active service; provided, that any person
receiving an actual service-incurred injury or disability shall be classed as a
veteran whether or not that person has completed the 14 days' service as herein
provided;
(16) Panama peacekeeping
mission, on or after December 20, 1989 or the date of inception of that
mission, as proclaimed by the President of the United States or Congress,
whichever date of inception is earliest, who has served in Panama or on board
any ship actively engaged in patrolling the territorial waters of that nation
for a period, continuous or in the aggregate, of at least 14 days commencing on
or before January 31, 1990 or the date of termination of that mission, as
proclaimed by the President of the United States or Congress, whichever date of
termination is the latest, in such active service; provided, that any person
receiving an actual service-incurred injury or disability shall be classed as a
veteran whether or not that person has completed the 14 days' service as herein
provided;
(17) Operation "Desert
Shield/Desert Storm" mission in the Arabian peninsula and the Persian
Gulf, on or after August 2, 1990 or the date of inception of that operation, as
proclaimed by the President of the United States or Congress, whichever date of
inception is earliest, who has served in the Arabian peninsula or on board any
ship actively engaged in patrolling the Persian Gulf for a period, continuous
or in the aggregate, of at least 14 days commencing on or before the date of
termination of that mission, as proclaimed by the President of the United
States or Congress, whichever date of termination is the latest, in such active
service; provided, that any person receiving an actual service-incurred injury
or disability shall be classed as a veteran whether or not that person has
completed the 14 days' service as herein provided;
(18) Operation Northern
Watch and Operation Southern Watch, on or after August 27, 1992, or the date of
inception of that operation, as proclaimed by the President of the United
States, Congress or United States Secretary of Defense, whichever date of
inception is earliest, who served in the theater of operation, including in the
Arabian peninsula and the Persian Gulf, and in direct support of that operation
for a period, continuously or in the aggregate, of at least 14 days in such
active service, commencing on or before the date of termination of that
operation, as proclaimed by the President of the United States, Congress or
United States Secretary of Defense, whichever date of termination is the
latest; provided, that any person receiving an actual service-incurred injury
or disability while engaged in such service shall be classed as a veteran
whether or not that person has completed the 14 days' service as herein
provided;
(19) Operation
"Restore Hope" in Somalia, on or after December 5, 1992, or the date
of inception of that operation as proclaimed by the President of the United
States or Congress, whichever date is earliest, who has served in Somalia or on
board any ship actively engaged in patrolling the territorial waters of that
nation for a period, continuously or in the aggregate, of at least 14 days in
such active service commencing on or before March 31, 1994; provided that any
person receiving an actual service-incurred injury or disability shall be
classed as a veteran whether or not that person has completed the 14-day
service as herein provided;
(20) Operations "Joint
Endeavor" and "Joint Guard" in the Republic of Bosnia and
Herzegovina, on or after November 20, 1995, who served in such active service
in direct support of one or both of the operations for at least 14 days,
continuously or in the aggregate, commencing on or before June 20, 1998 and (1)
was deployed in that nation or in another area in the region, or (2) was on
board a United States naval vessel operating in the Adriatic Sea, or (3)
operated in airspace above the Republic of Bosnia and Herzegovina; provided
that any person receiving an actual service-incurred injury or disability shall
be classed as a veteran whether or not that person completed the 14-day service
requirement;
(21) Operation
"Enduring Freedom", on or after September 11, 2001, who served in a
theater of operation and in direct support of that operation for a period,
continuously or in the aggregate, of at least 14 days in such active service
commencing on or before the date the President of the United States or the
United States Secretary of Defense designates as the termination date of that
operation; provided, that any person receiving an actual service-incurred
injury or disability while engaged in such service shall be classed as a
veteran whether or not that person has completed the 14 days' service as herein
provided; and
(22) Operation "Iraqi
Freedom", on or after the date the President of the United States or the
United States Secretary of Defense designates as the inception date of that
operation, who served in Iraq or in another area in the region in direct
support of that operation for a period, continuously or in the aggregate, of at
least 14 days in such active service commencing on or before the date the
President of the United States or the United States Secretary of Defense
designates as the termination date of that operation; provided, that any person
receiving an actual service-incurred injury or disability while engaged in such
service shall be classed as a veteran whether or not that person has completed
the 14 days' service as herein provided.
"Veteran" also means
any honorably discharged member of the American Merchant Marine who served
during World War II and is declared by the United States Department of Defense
to be eligible for federal veterans' benefits.
q. (1) "Widow,"
for employees of the State, means the woman to whom a member was married, or a
domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), at
least five years before the date of his death and to whom he continued to be
married or a domestic partner until the date of his death and who was receiving
at least 1/2 of her support from the member in the 12-month period immediately
preceding the member's death or the accident which was the direct cause of the
member's death. The dependency of such a widow will be considered terminated by
the marriage of, or establishment of a domestic partnership by, the widow
subsequent to the member's death. In the event of the payment of an accidental
death benefit, the five-year qualification shall be waived.
(2) Subject to the
provisions of paragraph (3) of this subsection, "widow," for
employees of public employers other than the State, means the woman to whom a
member was married at least five years before the date of his death and to whom
he continued to be married until the date of his death and who was receiving at
least 1/2 of her support from the member in the 12-month period immediately
preceding the member's death or the accident which was the direct cause of the
member's death. The dependency of such a widow shall be considered terminated
by the marriage of the widow subsequent to the member's death. In the event of
the payment of an accidental death benefit, the five-year qualification shall
be waived.
(3) A public employer other
than the State may adopt a resolution providing that the term "widow"
as defined in paragraph (2) of this subsection shall include domestic partners
as provided in paragraph (1) of this subsection.
r. (1)
"Compensation" means the base or contractual salary, for services as
an employee, which is in accordance with established salary policies of the
member's employer for all employees in the same position but shall not include
individual salary adjustments which are granted primarily in anticipation of
the member's retirement or additional remuneration for performing temporary or
extracurricular duties beyond the regular workday or the regular work year.
(2) In the case of a person
who becomes a member of the retirement system on or after July 1, 2007,
"compensation" means the amount of base or contractual salary
equivalent to the annual maximum wage contribution base for Social Security,
pursuant to the Federal Insurance Contributions Act, for services as an
employee, which is in accordance with established salary policies of the
member's employer for all employees in the same position but shall not include
individual salary adjustments which are granted primarily in anticipation of
the member's retirement or additional remuneration for performing temporary or
extracurricular duties beyond the regular workday or the regular work year.
This paragraph shall not apply to a person who at the time of enrollment in the
retirement system on or after July 1, 2007 transfers service credit from
another State-administered retirement system pursuant to section 14 of
P.L.1954, c.84 (C.43:15A-14), but shall apply to a former member of the retirement
system who has been granted a retirement allowance and is reenrolled in the
retirement system on or after July 1, 2007 pursuant to section 27 of P.L.1966,
c.217 (C.43:15A-57.2) after becoming employed again in a position that makes
the person eligible to be a member of the retirement system.
In cases where salary includes
maintenance, the retirement system shall fix the value of that part of the
salary not paid in money which shall be considered under this act.
For the period of July 1, 2009
through June 30, 2011, "contractual salary" for State employees shall
include across the board negotiated wage increases under a collective
negotiations agreement that were payable to all State employees covered by that
agreement notwithstanding that, by amendment to that collective negotiations
agreement, the effective date of the contractual increase has been deferred.
For the purpose of this paragraph, "State employee" means an employee
in the Executive Branch or the Judicial Branch of State government of New
Jersey or an employee of the State University authorized to participate in the
system under subsection b. of section 73 of P.L.1954, c.84 (C.43:15A-73), but
shall not include employees of agencies authorized to participate in the system
under subsections a., c., d., e., f., and g. of section 73 of P.L.1954, c.84
(C.43:15A-73) or under P.L.1990, c.25 (C.43:15A-73.2 et al.).
For the period of July 1, 2009
through June 30, 2011, "contractual salary" for county and municipal
employees shall include across the board negotiated wage increases under a
collective negotiations agreement that were payable to all county or all
municipal employees covered by that agreement notwithstanding that, by
amendment to that collective negotiations agreement which has been filed with
the Division of Pensions and Benefits, the effective date of the contractual
increase has been deferred. For the purpose of this paragraph, "county
and municipal employees" means all persons employed by a county or
municipality in this State.
(cf: P.L.2010, c.50, s.71)
19. Section 1 of P.L.1983,
c.391 (C.43:16A-11.7) is amended to read as follows:
1. For purposes of this act
"veteran" means any honorably discharged officer, soldier, sailor,
airman, marine or nurse who served in any Army, Air Force or Navy of the Allies
of the United States in World War I, between July 14, 1914, and November 11,
1918, or who served in any Army, Air Force or Navy of the Allies of the United
States in World War II, between September 1, 1939, and September 2, 1945, and
who was inducted into such service through voluntary enlistment, and was a
citizen of the United States at the time of such enlistment, and who did not,
during or by reason of such service, renounce or lose United States
citizenship, and any officer, soldier, sailor, marine, airman, nurse or army
field clerk, who has served in the active military or naval service of the
United States and has or shall be discharged or released therefrom under
conditions other than dishonorable, or any discharged LGBTQ veteran, as
defined in section 1 of P.L. , c. (C. ) (pending before the Legislature
as this bill), from active service in any branch of the Armed Forces of the
United States, in any of the following wars, uprisings, insurrections,
expeditions, or emergencies, and who has presented to the retirement system
evidence of such record of service in form and content satisfactory to said
retirement system:
(1) The Indian wars and
uprisings during any of the periods recognized by the War Department of the United
States as periods of active hostility;
(2) The Spanish-American War
between April 20, 1898, and April 11, 1899;
(3) The Philippine
insurrections and expeditions during the periods recognized by the War
Department of the United States as of active hostility from February 4, 1899,
to the end of 1913;
(4) The Peking relief
expedition between June 20, 1900, and May 27, 1902;
(5) The army of Cuban
occupation between July 18, 1898, and May 20, 1902;
(6) The army of Cuban
pacification between October 6, 1906, and April 1, 1909;
(7) The Mexican punitive
expedition between March 14, 1916, and February 7, 1917;
(8) The Mexican border
patrol, having actually participated in engagements against Mexicans between
April 12, 1911, and June 16, 1919;
(9) World War I between
April 6, 1917, and November 11, 1918;
(10) World War II, between
September 16, 1940, and December 31, 1946, who shall have served at least 90
days in such active service, exclusive of any period of assignment (1) for a
course of education or training under the Army Specialized Training Program or
the Navy College Training program which course was a continuation of a civilian
course and was pursued to completion, or (2) as a cadet or midshipman at one of
the service academies any part of which 90 days was served between said dates;
provided, that any person receiving an actual service-incurred injury or
disability shall be classed as a veteran whether or not that person has
completed the 90-day service as herein provided;
(11) Korean conflict on or
after June 23, 1950, and on or prior to January 31, 1955, who shall have served
at least 90 days in such active service, exclusive of any period of assignment
(1) for a course of education or training under the Army Specialized Training
Program or the Navy College Training Program which course was a continuation of
a civilian course and was pursued to completion, or (2) as a cadet or
midshipman at one of the service academies, any part of which 90 days was
served between said dates; provided, that any person receiving an actual
service-incurred injury or disability shall be classed as a veteran whether or
not that person has completed the 90-day service as herein provided; and
provided further, that any member classed as a veteran pursuant to this subparagraph
prior to August 1, 1966, shall continue to be classed as a veteran whether or
not the member completed the 90-day service between said dates as herein
provided;
(12) Lebanon crisis, on or
after July 1, 1958, who has served in Lebanon or on board any ship actively
engaged in patrolling the territorial waters of that nation for a period,
continuous or in the aggregate, of at least 14 days commencing on or before
November l, 1958 or the date of termination of that conflict, as proclaimed by
the President of the United States or Congress, whichever date of termination
is the latest, in such active service; provided, that any person receiving an
actual service-incurred injury or disability shall be classed as a veteran
whether or not that person has completed the 14 days' service as herein
provided;
(13) Vietnam conflict on or
after December 31, 1960, and on or prior to May 7, 1975, who shall have served
at least 90 days in such active service, exclusive of any period of assignment
(1) for a course of education or training under the Army Specialized Training
Program or the Navy College Training Program which course was a continuation of
a civilian course and was pursued to completion, or (2) as a cadet or
midshipman at one of the service academies, any part of which 90 days was
served between said dates; and exclusive of any service performed pursuant to
the provisions of section 511 (d) of Title 10, United States Code, pursuant to
an enlistment in the Army National Guard or as a reserve for service in the
Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or Coast
Guard Reserve; provided, that any person receiving an actual service-incurred
injury or disability shall be classed as a veteran whether or not that person
has completed the 90 days' service as herein provided;
(14) Lebanon peacekeeping
mission, on or after September 26, 1982, who has served in Lebanon or on board
any ship actively engaged in patrolling the territorial waters of that nation
for a period, continuous or in the aggregate, of at least 14 days commencing on
or before December 1, 1987 or the date of termination of that mission, as
proclaimed by the President of the United States or Congress, whichever date of
termination is the latest, in such active service; provided, that any person
receiving an actual service-incurred injury or disability shall be classed as a
veteran whether or not that person has completed the 14 days' service as herein
provided;
(15) Grenada peacekeeping
mission, on or after October 23, 1983, who has served in Grenada or on board
any ship actively engaged in patrolling the territorial waters of that nation
for a period, continuous or in the aggregate, of at least 14 days commencing on
or before November 21, 1983 or the date of termination of that mission, as
proclaimed by the President of the United States or Congress, whichever date of
termination is the latest, in such active service; provided, that any person
receiving an actual service-incurred injury or disability shall be classed as a
veteran whether or not that person has completed the 14 days' service as herein
provided;
(16) Panama peacekeeping
mission, on or after December 20, 1989 or the date of inception of that
mission, as proclaimed by the President of the United States or Congress,
whichever date of inception is earliest, who has served in Panama or on board
any ship actively engaged in patrolling the territorial waters of that nation
for a period, continuous or in the aggregate, of at least 14 days commencing on
or before January 31, 1990 or the date of termination of that mission, as
proclaimed by the President of the United States or Congress, whichever date of
termination is the latest, in such active service; provided, that any person
receiving an actual service-incurred injury or disability shall be classed as a
veteran whether or not that person has completed the 14 days' service as herein
provided;
(17) Operation "Desert
Shield/Desert Storm" mission in the Arabian peninsula and the Persian
Gulf, on or after August 2, 1990 or the date of inception of that operation, as
proclaimed by the President of the United States or Congress, whichever date of
inception is earliest, who has served in the Arabian peninsula or on board any
ship actively engaged in patrolling the Persian Gulf for a period, continuous
or in the aggregate, of at least 14 days commencing on or before the date of
termination of that mission, as proclaimed by the President of the United
States or Congress, whichever date of termination is the latest, in such active
service; provided, that any person receiving an actual service-incurred injury
or disability shall be classed as a veteran whether or not that person has
completed the 14 days' service as herein provided;
(18) Operation Northern
Watch and Operation Southern Watch, on or after August 27, 1992, or the date of
inception of that operation, as proclaimed by the President of the United
States, Congress or United States Secretary of Defense, whichever date of
inception is earliest, who served in the theater of operation, including in the
Arabian peninsula and the Persian Gulf, and in direct support of that operation
for a period, continuously or in the aggregate, of at least 14 days in such
active service, commencing on or before the date of termination of that operation,
as proclaimed by the President of the United States, Congress or United States
Secretary of Defense, whichever date of termination is the latest; provided,
that any person receiving an actual service-incurred injury or disability while
engaged in such service shall be classed as a veteran whether or not that
person has completed the 14 days' service as herein provided;
(19) Operation
"Restore Hope" in Somalia, on or after December 5, 1992, or the date
of inception of that operation as proclaimed by the President of the United
States or Congress, whichever date is earliest, who has served in Somalia or on
board any ship actively engaged in patrolling the territorial waters of that
nation for a period, continuously or in the aggregate, of at least 14 days in
such active service commencing on or before March 31, 1994; provided that any
person receiving an actual service-incurred injury or disability shall be
classed as a veteran whether or not that person has completed the 14-day
service as herein provided;
(20) Operations "Joint
Endeavor" and "Joint Guard" in the Republic of Bosnia and
Herzegovina, on or after November 20, 1995, who served in such active service
in direct support of one or both of the operations for at least 14 days,
continuously or in the aggregate, commencing on or before June 20, 1998, and
(1) was deployed in that nation or in another area in the region, or (2) was on
board a United States naval vessel operating in the Adriatic Sea, or (3)
operated in airspace above the Republic of Bosnia and Herzegovina; provided
that any person receiving an actual service-incurred injury or disability shall
be classed as a veteran whether or not that person completed the 14-day service
requirement;
(21) Operation
"Enduring Freedom", on or after September 11, 2001, who served in a
theater of operation and in direct support of that operation for a period,
continuously or in the aggregate, of at least 14 days in such active service
commencing on or before the date the President of the United States or the
United States Secretary of Defense designates as the termination date of that
operation; provided, that any person receiving an actual service-incurred
injury or disability while engaged in such service shall be classed as a
veteran whether or not that person has completed the 14 days' service as herein
provided; and
(22) Operation "Iraqi
Freedom", on or after the date the President of the United States or the
United States Secretary of Defense designates as the inception date of that
operation, who served in Iraq or in another area in the region in direct
support of that operation for a period, continuously or in the aggregate, of at
least 14 days in such active service commencing on or before the date the
President of the United States or the United States Secretary of Defense
designates as the termination date of that operation; provided, that any person
receiving an actual service-incurred injury or disability while engaged in such
service shall be classed as a veteran whether or not that person has completed
the 14 days' service as herein provided.
"Veteran" also means
any honorably discharged member of the American Merchant Marine who served
during World War II and is declared by the United States Department of Defense
to be eligible for federal veterans' benefits.
(cf: P.L.2005, c.64, s.4)
20. Section 4 of P.L.2004,
c.134 (C.45:19A-4) is amended to read as follows:
4. a. A person shall not
be employed as a security officer by a security officer company or a company
maintaining a proprietary or in-house security function, or perform the
functions and activities of a security officer, unless that person is
registered with the superintendent as required in this section.
The requirements of this
section shall not apply to:
(1) a loss prevention employee;
(2) an employee of a company
whose business includes hosting sporting and entertainment events at an arena
or stadium where a State, county, or municipal law enforcement agency is on the
premises during the event and whose in-house security employees do not carry
handguns or other licensed weapons;
(3) a security officer
employed by a company maintaining a proprietary or in-house security function
whose in-house security employees do not carry handguns or other licensed
weapons; or
(4) a security employee
regulated under federal law. Any person who violates the provisions of this
section shall be guilty of a crime of the fourth degree.
b. An application for
registration as a security officer shall be filed with the superintendent on a
form and in a manner prescribed by the superintendent and shall set forth under
oath:
(1) the applicant's full
name, age, which shall be at least 18 years, and residence;
(2) the name and address of
all employers or occupations engaged in for the immediately preceding five
years;
(3) that the applicant has
not been convicted of any disqualifying crime or offense as set forth in
subsection c. of this section; and
(4) such further information
as the superintendent may require to show the good character, competency and
integrity of the applicant.
Any person who shall knowingly
make a false statement in, or knowingly omit any material information from, an
application as required by this subsection shall be guilty of a crime of the
fourth degree in addition to any other crime or offense specified by law.
c. No person shall be
issued a certificate of registration as a security officer under the provisions
of this section if the person has been convicted, as indicated by a criminal
history record background check performed pursuant to the provisions of this
section, of: a crime of the first, second, third or fourth degree; any offense
involving the unlawful use, possession or sale of a controlled dangerous
substance as defined in N.J.S.2C:35-2; or any offense where the registration of
the individual would be contrary to the public interest, as determined by the
superintendent, except as provided in subsection h. of this section. Each
applicant shall submit to the superintendent the applicant's fingerprints and
written consent for a criminal history record background check to be
performed. The superintendent shall compare these to fingerprints on file with
the State Bureau of Identification in the Division of State Police and the
Federal Bureau of Investigation, consistent with applicable State and federal
laws, rules and regulations. The applicant shall bear the cost for the
criminal history record background check, including all costs of administering
and processing the check.
d. A person whose
application has been approved by the superintendent shall complete the required
education and training program established in section 5 of this act. Upon
satisfactory completion of this program, and upon the payment of a fee in an
amount established by the superintendent, the applicant shall be entitled to
and the superintendent shall issue and deliver to the applicant a security
officer certificate of registration.
e. The superintendent may
revoke or suspend such certificate of registration for a violation of any of
the provisions of this act or for other good cause. A certificate of
registration shall be surrendered to the superintendent within 72 hours after
its term has expired or after notice in writing to the holder that the
certificate of registration has been revoked.
f. The certificate of
registration shall be renewed every two years by an applicant for an unarmed
security officer position and each year by an applicant for an armed security
officer position upon forms prescribed by the superintendent. The applicant shall
pay a fee in an amount established by the superintendent by rule and regulation
and shall complete an eight-hour refresher course of classroom instruction
taught by a certified security officer instructor. The certificate of
registration may be renewed without further investigation unless it is deemed
by the superintendent that the applicant no longer qualifies or verified
objections to the renewal are received by the superintendent prior to issuance.
g. The revocation or
suspension of any certificate of registration by the superintendent shall be
subject to notice and a hearing.
h. Notwithstanding
subsection c. of this section, a veteran who has been convicted of a crime of
the third or fourth degree, or a lesser offense involving the unlawful use, possession,
or sale of a controlled dangerous substance as defined in N.J.S.2C:35-2, prior
to service in the armed forces may be issued a certificate of registration as a
security officer under the provisions of this section if the individual meets
all other statutory requirements for registration, submits documentary evidence
required by the superintendent demonstrating that he or she is a veteran, has
not been convicted of any criminal offense since enlistment and acceptance in
the armed forces, and the superintendent determines that the registration of
the individual would not be contrary to the public interest.
For purposes of this
subsection, "veteran" means any person who has been honorably
discharged or released under honorable circumstances from active service in any
branch of the [armed
forces]
Armed Forces of the United States, or a discharged LGBTQ veteran, as
defined in section 1 of P.L. , c. (C. ) (pending before the Legislature
as this bill), from active service in any branch of the Armed Forces of the
United States.
(cf: P.L.2017, c.351, s.1)
21. Section 1 of P.L.2019,
c.206 (C.46:8-51) is amended to read as follows:
1. a. A landlord, or any
agent thereof, shall count a military or veteran housing allowance, supported
by United States Department of Veterans Affairs documentation, as income for
purposes of determining whether a qualified prospective tenant meets any
minimum income qualifications to rent housing from the landlord.
b. As used in this section:
"Landlord" means any
person who rents or leases or offers to rent or lease, for a term of at least
one month, dwelling units.
"Military" means the
Armed Forces of the United States, including the Army, Navy, Air Force, Marine
Corps, and Coast Guard, the National Guard and any other reserve component of
the armed forces, and the merchant marine when organized under the federal law
as a public military force.
"Military or veteran
housing allowance" means any federal housing allowance or stipend provided
to a service member of the military or a veteran, including, but not limited
to, the basic allowance for housing authorized pursuant to 37 U.S.C. s.403 and
the housing stipend authorized pursuant to 38 U.S.C. s.3313.
"Qualified prospective
tenant" means any service member of the military or a veteran who is
receiving a military or veteran housing allowance.
"Veteran" means a
person who has served on active duty in the Armed Forces of the United States
and who was discharged or released therefrom under conditions other than dishonorable,
or a discharged LGBTQ veteran, as defined in section 1 of P.L. , c. (C.
) (pending before the Legislature as this bill), who has served on active duty
in the Armed Forces of the United States.
(cf: P.L.2019, c.206, s.1)
22. Section 2 of P.L.2017,
c.258 (C.52:27D-517) is amended to read as follows:
2. As used in this act:
"Director" means the
Director of the Division of Housing and Community Resources in the Department
of Community Affairs.
"Disabled" means a
person who fulfills the definition of having a "disability" pursuant
to section 3 of the "Americans with Disabilities Act of 1990," 42
U.S.C. s.12102.
"Division" means the
Division of Housing and Community Resources in the Department of Community
Affairs.
"Eligible veteran"
means a disabled or low-income veteran.
"Energy efficient
features or equipment" means features or equipment within a primary
residence that help to reduce the amount of electricity used to heat, cool, or
ventilate the residence, including but not limited to insulation,
weatherstripping, air sealing, repaired heating systems, or duct sealing.
"Family member"
means a spouse, child, parent, sibling, aunt, uncle, niece, nephew, first
cousin, grandparent, grandchild, father-in-law, mother-in-law, son-in-law,
daughter-in-law, stepparent, stepchild, stepbrother, stepsister, half brother,
or half sister, whether the individual is related by blood, marriage, or
adoption.
"Low-income veteran"
means a veteran occupying a household with a gross household income equal to 50
percent or less of the median gross household income for households of the same
size, and within the same housing region, as defined by subsection b. of
section 4 of P.L.1985, c.222 (C.52:27D-304).
"Primary residence"
means a dwelling unit that is owned by the eligible veteran or by a family
member of the eligible veteran, and occupied by the eligible veteran as his or
her principal residence.
"Qualified
organization" means a nonprofit veterans' organization that qualifies as a
section 501(c)(3) or 501(c)(19) tax exempt organization under the Internal
Revenue Code.
"Veteran" means any
resident of the State now or hereafter who has been discharged honorably or
under general honorable conditions in any branch of the Armed Forces of the
United States, or a Reserve component thereof, or the National Guard of this
State or another state as defined in section 1 of P.L.1963, c.109 (C.38A:1-1), or
any discharged LGBTQ veteran, as defined in section 1 of P.L. , c. (C.
) (pending before the Legislature as this bill), in any branch of the Armed
Forces of the United States, or any honorably discharged member of the
American Merchant Marine who served during World War II and is declared by the
United States Department of Defense to be eligible for federal veterans'
benefits.
(cf: P.L.2019, c.500, s.12)
23. Section 2 of P.L.2011,
c.147 (C.52:32-50) is amended to read as follows:
2. As used in this act:
"Authority" means
the New Jersey Economic Development Authority.
"Contracting agency"
means the State or any board, commission, authority or agency of the State.
"Department" means
the New Jersey Department of the Treasury.
"Veteran" means any
resident of this State now or hereafter who has been discharged honorably or
under general honorable conditions who served in any branch of the Armed Forces
of the United States or a Reserve component thereof, or a discharged LGBTQ
veteran, as defined in section 1 of P.L. , c. (C. ) (pending before the
Legislature as this bill), and is a citizen and resident of this State, or
the National Guard of this State or another state as defined in section 1 of
P.L.1963, c.109 (C.38A:1-1), and shall include disabled veterans.
"Veteran-owned
business" means a business that has its principal place of business in the
State, is independently owned and operated and at least 51 percent of the
business is owned and controlled by persons who are veterans.
(cf: P.L.2019, c.500, s.13)
24. Section 3 of P.L.1965,
c.89 (C.53:5A-3) is amended to read as follows:
3. As used in this act:
a. "Aggregate
contributions" means the sum of all the amounts, deducted from the salary
of a member or contributed by him or on his behalf, standing to the credit of
his individual account in the Annuity Savings Fund. Interest credited on
contributions to the former "State Police Retirement and Benevolent
Fund" shall be included in a member's aggregate contributions.
b. "Annuity"
means payments for life derived from the aggregate contributions of a member.
c. "Annuity
reserve" means the present value of all payments to be made on account of
any annuity or benefit in lieu of an annuity, computed upon the basis of such
mortality tables recommended by the actuary as the board of trustees adopts and
regular interest.
d. "Beneficiary"
means any person entitled to receive any benefit pursuant to the provisions of
this act by reason of the death of a member or retirant.
e. "Board of
trustees" or "board" means the board provided for in section 30
of this act.
f. "Child" means
a deceased member's or retirant's unmarried child either (a) under the age of
18, or (b) 18 years of age or older and enrolled in a secondary school, or (c)
under the age of 24 and enrolled in a degree program in an institution of
higher education for at least 12 credit hours in each semester, provided that
the member died in active service as a result of an accident met in the actual
performance of duty at some definite time and place, and the death was not the
result of the member's willful misconduct, or (d) of any age who, at the time
of the member's or retirant's death, is disabled because of an intellectual
disability or physical incapacity, is unable to do any substantial, gainful
work because of the impairment and his impairment has lasted or can be expected
to last for a continuous period of not less than 12 months, as affirmed by the
medical board.
g. "Creditable
service" means service rendered for which credit is allowed on the basis
of contributions made by the member or the State.
h. "Parent" means
the parent of a member who was receiving at least one-half of his support from
the member in the 12-month period immediately preceding the member's death or
the accident which was the direct cause of the member's death. The dependency
of such a parent will be considered terminated by marriage of the parent
subsequent to the death of the member.
i. (1) "Final
compensation" means the average compensation received by the member in the
last 12 months of creditable service preceding his retirement or death. Such
term includes the value of the member's maintenance allowance for this same
period.
(2) In the case of a person
who becomes a member of the retirement system on or after the effective date of
P.L.2010, c.1, "final compensation" means the average annual
compensation for service for which contributions are made during any three
fiscal years of membership providing the largest possible benefit to the member
or the member's beneficiary. Such term includes the value of the member's
maintenance allowance for this same period.
j. (1) "Final
salary" means the average salary received by the member in the last 12
months of creditable service preceding his retirement or death. Such term
shall not include the value of the member's maintenance allowance.
(2) In the case of a person
who becomes a member of the retirement system on or after the effective date of
P.L.2010, c.1, "final salary" means the average annual salary for
service for which contributions are made during any three fiscal years of
membership providing the largest possible benefit to the member or the member's
beneficiary. Such term shall not include the value of the member's maintenance
allowance.
k. "Fiscal year"
means any year commencing with July 1 and ending with June 30 next following.
l. "Medical
board" means the board of physicians provided for in section 30 of this
act.
m. "Member" means
any full-time, commissioned officer, non-commissioned officer or trooper of the
Division of State Police of the Department of Law and Public Safety of the
State of New Jersey enrolled in the retirement system established by this act.
n. "Pension"
means payment for life derived from contributions by the State.
o. "Pension
reserve" means the present value of all payments to be made on account of
any pension or benefit in lieu of any pension computed on the basis of such
mortality tables recommended by the actuary as shall be adopted by the board of
trustees and regular interest.
p. "Regular
interest" means interest as determined by the State Treasurer, after
consultation with the Directors of the Divisions of Investment and Pensions,
the board of trustees and the actuary. It shall bear a reasonable relationship
to the percentage rate of earnings on investments based on the market value of
the assets but shall not exceed the assumed percentage rate of increase applied
to salaries plus [3%] three
percent, provided however that the board of trustees shall not set the
average percentage rate of increase applied to salaries below [6%] six
percent.
q. "Retirant"
means any former member receiving a retirement allowance as provided by this
act.
r. "Retirement
allowance" means the pension plus the annuity.
s. "State Police
Retirement System of New Jersey," herein also referred to as the
"retirement system" or "system," is the corporate name of
the arrangement for the payment of retirement allowances and of the benefits
under the provisions of this act including the several funds placed under said
system. By that name, all of its business shall be transacted, its funds
invested, warrants for moneys drawn, and payments made and all of its cash and
securities and other property held. All assets held in the name of the former
"State Police Retirement and Benevolent Fund" shall be transferred to
the retirement system established by this act.
t. "Surviving
spouse" means the person to whom a member or a retirant was married, or a
domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), on the
date of the death of the member or retirant. The dependency of such a surviving
spouse will be considered terminated by the marriage of, or establishment of a
domestic partnership by, the surviving spouse subsequent to the member's or the
retirant's death, except that in the event of the payment of accidental death
benefits, pursuant to section 14 of P.L.1965, c.89 (C.53:5A-14), the dependency
of such a surviving spouse or domestic partner will not be considered
terminated by the marriage of, or establishment of a domestic partnership by,
the surviving spouse subsequent to the member's death.
u. (1)
"Compensation" for purposes of computing pension contributions means
the base salary, for services as a member as defined in this act, which is in
accordance with established salary policies of the State for all employees in
the same position but shall not include individual salary adjustments which are
granted primarily in anticipation of the member's retirement or additional
remuneration for performing temporary duties beyond the regular workday or
shift.
(2) In the case of a person
who becomes a member of the retirement system on or after the effective date of
P.L.2010, c.1, "compensation" means the amount of base salary
equivalent to the annual maximum wage contribution base for Social Security,
pursuant to the Federal Insurance Contributions Act, for services as a member
as defined in this act, which is in accordance with established salary policies
of the State for all employees in the same position but shall not include
individual salary adjustments which are granted primarily in anticipation of
the member's retirement or additional remuneration for performing temporary
duties beyond the regular workday or shift.
v. "Veteran"
means any person who has served in the United States Armed Forces and has or
shall be discharged or released therefrom under conditions other than
dishonorable, or a discharged LGBTQ veteran, as defined in section 1 of
P.L. , c. (C. ) (pending before the Legislature as this bill), in
any of the following wars or emergencies, and who has presented to the retirement
system evidence of such record of service in form and content satisfactory to
the retirement system:
(1) Vietnam conflict on or
after December 31, 1960, and on or prior to May 7, 1975, who shall have served
at least 90 days in such active service, exclusive of any period of assignment
(1) for a course of education or training under the Army Specialized Training
Program or the Navy College Training Program which course was a continuation of
a civilian course and was pursued to completion, or (2) as a cadet or
midshipman at one of the service academies, any part of which 90 days was
served between said dates; and exclusive of any service performed pursuant to
the provisions of section 511 (d) of Title 10, United States Code, pursuant to
an enlistment in the Army National Guard or as a reserve for service in the
Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or Coast
Guard Reserve; provided, that any person receiving an actual service-incurred
injury or disability shall be classed as a veteran whether or not that person
has completed the 90 days' service as herein provided;
(2) Lebanon peacekeeping
mission, on or after September 26, 1982, who has served in Lebanon or on board
any ship actively engaged in patrolling the territorial waters of that nation
for a period, continuous or in the aggregate, of at least 14 days commencing on
or before December 1, 1987 or the date of termination of that mission, as
proclaimed by the President of the United States or Congress, whichever date of
termination is the latest, in such active service; provided, that any person
receiving an actual service-incurred injury or disability shall be classed as a
veteran whether or not that person has completed the 14 days' service as herein
provided;
(3) Grenada peacekeeping
mission, on or after October 23, 1983, who has served in Grenada or on board
any ship actively engaged in patrolling the territorial waters of that nation
for a period, continuous or in the aggregate, of at least 14 days commencing on
or before November 21, 1983 or the date of termination of that mission, as
proclaimed by the President of the United States or Congress, whichever date of
termination is the latest, in such active service; provided, that any person
receiving an actual service-incurred injury or disability shall be classed as a
veteran whether or not that person has completed the 14 days' service as herein
provided;
(4) Panama peacekeeping
mission, on or after December 20, 1989 or the date of inception of that
mission, as proclaimed by the President of the United States or Congress,
whichever date of inception is earliest, who has served in Panama or on board
any ship actively engaged in patrolling the territorial waters of that nation
for a period, continuous or in the aggregate, of at least 14 days commencing on
or before January 31, 1990 or the date of termination of that mission, as
proclaimed by the President of the United States or Congress, whichever date of
termination is the latest, in such active service; provided, that any person
receiving an actual service-incurred injury or disability shall be classed as a
veteran whether or not that person has completed the 14 days' service as herein
provided;
(5) Operation "Desert
Shield/Desert Storm" mission in the Arabian peninsula and the Persian
Gulf, on or after August 2, 1990 or the date of inception of that operation, as
proclaimed by the President of the United States or Congress, whichever date of
inception is earliest, who has served in the Arabian peninsula or on board any
ship actively engaged in patrolling the Persian Gulf for a period, continuous
or in the aggregate, of at least 14 days commencing on or before the date of
termination of that mission, as proclaimed by the President of the United
States or Congress, whichever date of termination is the latest, in such active
service; provided, that any person receiving an actual service-incurred injury
or disability shall be classed as a veteran whether or not that person has
completed the 14 days' service as herein provided;
(6) Operation Northern Watch
and Operation Southern Watch, on or after August 27, 1992, or the date of
inception of that operation, as proclaimed by the President of the United
States, Congress or United States Secretary of Defense, whichever date of
inception is earliest, who served in the theater of operation, including in the
Arabian peninsula and the Persian Gulf, and in direct support of that operation
for a period, continuously or in the aggregate, of at least 14 days in such
active service, commencing on or before the date of termination of that
operation, as proclaimed by the President of the United States, Congress or
United States Secretary of Defense, whichever date of termination is the
latest; provided, that any person receiving an actual service-incurred injury
or disability while engaged in such service shall be classed as a veteran
whether or not that person has completed the 14 days' service as herein
provided;
(7) Operation "Restore
Hope" in Somalia, on or after December 5, 1992, or the date of inception
of that operation as proclaimed by the President of the United States or
Congress, whichever date is earliest, who has served in Somalia or on board any
ship actively engaged in patrolling the territorial waters of that nation for a
period, continuously or in the aggregate, of at least 14 days in such active
service commencing on or before March 31, 1994; provided that any person
receiving an actual service-incurred injury or disability shall be classed as a
veteran whether or not that person has completed the 14-day service as herein
provided;
(8) Operations "Joint
Endeavor" and "Joint Guard" in the Republic of Bosnia and
Herzegovina, on or after November 20, 1995, who served in such active service
in direct support of one or both of the operations for at least 14 days,
continuously or in the aggregate, commencing on or before June 20, 1998, and
(1) was deployed in that nation or in another area in the region, or (2) was on
board a United States naval vessel operating in the Adriatic Sea, or (3)
operated in airspace above the Republic of Bosnia and Herzegovina; provided
that any person receiving an actual service-incurred injury or disability shall
be classed as a veteran whether or not that person completed the 14-day service
requirement;
(9) Operation "Enduring
Freedom", on or after September 11, 2001, who served in a theater of
operation and in direct support of that operation for a period, continuously or
in the aggregate, of at least 14 days in such active service commencing on or
before the date the President of the United States or the United States
Secretary of Defense designates as the termination date of that operation;
provided, that any person receiving an actual service-incurred injury or
disability while engaged in such service shall be classed as a veteran whether
or not that person has completed the 14 days' service as herein provided; and
(10) Operation "Iraqi
Freedom", on or after the date the President of the United States or the
United States Secretary of Defense designates as the inception date of that
operation, who served in Iraq or in another area in the region in direct
support of that operation for a period, continuously or in the aggregate, of at
least 14 days in such active service commencing on or before the date the
President of the United States or the United States Secretary of Defense
designates as the termination date of that operation; provided, that any person
receiving an actual service-incurred injury or disability while engaged in such
service shall be classed as a veteran whether or not that person has completed
the 14 days' service as herein provided.
(cf: P.L.2016, c.26, s.1)
25. Section 1 of P.L.1963,
c.171 (C.54:4-8.10) is amended to read as follows:
1. (a) (Deleted by
amendment, P.L.2019, c.413)
(b) "Assessor"
means the assessor, board of assessors or any other official or body of a
taxing district charged with the duty of assessing real and personal property
for the purpose of general taxation.
(c) "Collector"
means the collector or receiver of taxes of a taxing district.
(d) "Honorably
discharged or released under honorable circumstances from active service "
means and includes every form of separation from active, full-time duty with
military or naval pay and allowances in some branch of the Armed Forces of the
United States, other than those marked "dishonorable,"
"undesirable," "bad conduct," "by sentence of general
court martial," "by sentence of summary court martial" or
similar expression indicating that the discharge or release was not under
honorable circumstances. A disenrollment certificate or other form of release
terminating temporary service in a military or naval branch of the armed forces
rendered on a voluntary and part-time basis without pay, or a release from or
deferment of induction into the active military or naval service shall not be
deemed to be included in the aforementioned phrase.
(e) "Pre-tax year"
means the particular calendar year immediately preceding the "tax
year."
(f) "Resident"
means one legally domiciled within the State of New Jersey. Mere seasonal or
temporary residence within the State, of whatever duration, shall not
constitute domicile within the State for the purposes of this act. Absence
from this State for a period of 12 months shall be prima facie evidence of
abandonment of domicile in this State. The burden of establishing legal
domicile within the State shall be upon the claimant.
(g) "Tax year"
means the particular calendar year in which the general property tax is due and
payable.
(h) "Veteran"
means any citizen and resident of this State honorably discharged or released
under honorable circumstances, or a discharged LGBTQ veteran, as defined in
section 1 of P.L. , c. (C. ) (pending before the Legislature as this
bill), and is a citizen and resident of this State, from active service in
any branch of the Armed Forces of the United States.
(i) "Veteran's
deduction" means the deduction against the taxes payable by any person,
allowable pursuant to this act.
(j) "Surviving
spouse" means the surviving wife or husband of any of the following, while
he or she is a resident of this State, during widowhood or widowerhood:
1. A citizen and resident
of this State who has died or shall die while on active duty in any branch of
the Armed Forces of the United States; or
2. A citizen and resident
of this State who has had or shall hereafter have active service in any branch
of the Armed Forces of the United States and who died or shall die while on
active duty in a branch of the Armed Forces of the United States; or
3. A citizen and resident
of this State who has been or may hereafter be honorably discharged or released
under honorable circumstances from active service in any branch of the Armed
Forces of the United States.
(k) "Cooperative" means
a housing corporation or association incorporated or organized under the laws
of New Jersey which entitles a shareholder thereof to possess and occupy for
dwelling purposes a house, apartment or other structure owned or leased by the
corporation or association.
(l) "Mutual housing
corporation" means a corporation not-for-profit incorporated under the
laws of New Jersey on a mutual or cooperative basis within the scope of section
607 of the "National Defense Housing Act," Pub.L.76-849 (42 U.S.C.s.1521
et seq.), which acquired a National Defense Housing Project pursuant to that
act.
(m) "Continuing care
retirement community" means a residential facility primarily for retired
persons where lodging and nursing, medical or other health related services at
the same or another location are provided as continuing care to a resident of
the facility pursuant to an agreement effective for the life of the resident
and in consideration of the payment of an entrance fee with or without other
periodic charges, which agreement requires the individual to bear a share of
the property taxes that are assessed
upon the continuing care retirement
community, if a share is attributable to the unit that the resident occupies.
(cf: P.L.2019, c.413, s.3)
26. This act shall take
effect immediately.
STATEMENT
This bill updates the
definition of veteran in various statutes to include discharged LGBTQ
veterans. This bill also requires the Department of Military and Veterans'
Affairs (DMVA) to develop a review process for discharged LGBTQ veterans
concerning lost benefits.
An estimated 100,000 LGBTQ
veterans were discharged from the military under less than honorable conditions
from the start of World War II until the 2011 repeal of the military's 1993
"Don't Ask, Don't Tell" policy. Transgender veterans continued to be banned
and discharged from service until the June 2016 Directive-Type Memorandum-16-005,
issued by then-Secretary of Defense Ashton Carter, which was subsequently
reversed by the March 2019 Directive-Type Memorandum-19-004, issued by Deputy
Secretary of Defense David Norquist. These veterans lost their right to both
state and federal benefits by being discharged under less than honorable
conditions.
This bill adds a definition of
"discharged LGBTQ veteran" to various statutory definitions of "veteran."
"Discharged LGBTQ veteran" means a veteran who was discharged less than
honorably from military or naval service due to their sexual orientation or
gender identity or expression, or statements, consensual sexual conduct, or
consensual acts relating to sexual orientation or gender identity or
expression, or the disclosure of such statements, conduct, or acts that were
prohibited by the Armed Forces of the United States at the time of discharge. The
added definition, along with the addition of a DMVA review process for discharged
LGBTQ veterans, will restore State benefits for those veterans.