Police and firefighters must meet
stringent age criteria in order to be eligible for enrollment
in the PFRS. Those who have passed their 35th birthday cannot
be enrolled in the PFRS. Those over the age of 35 who are employees
of the State or of a county can still be hired in PFRS titles
but are enrolled in the PERS. However, State law prohibits the
hiring of municipal police officers and fire fighters over age
35.
There are two exceptions for municipal
firefighters:
N.J.S.A. 40A:14-44 allows individuals who are over age 35 in a
"part-paid" fire department (some of the department's
firefighters are paid, the others are volunteers), to be hired
to paid positions up to age 40 as long as they served for at least
two years as a volunteer in the same fire department immediately
prior to the appointment. They are eligible for enrollment in
the PERS, not the PFRS. See the PERS Enrollment
Guide for instructions on enrolling these individuals into
the PERS.
This link is intended to adress
the second exception to the age limit for municipal firefighters.
N.J.S.A 40A:14-56 allows individuals who are over age 35 in a
"part-paid" fire department (some of the department's
firefighters are paid, the others are volunteers) to be appointed
to PFRS eligible positions, up to age 45, if they are able to
obtain an "Exempt Firefighter Certificate". Obtaining
the "Exempt Firefighter Certificate" requires such individuals
to meet a number of conditions, which are listed below. Please
note that individuals who qualify for this exemption are eligible
for enrollment in the PERS, not PFRS. See the PERS
Enrollment Guide for instructions on enrolling these individuals
into the PERS.
Conditions
Which Must Be Met by Municipal Volunteer Firefighters Who Are
over Age 35, in Order to Be Granted an "Exempt Certificate"
- The fire department or force
is composed of both paid and volunteer firefighters ("part-paid");
- The firefighter is not under
age 18 or older than 45 years of age;
- The firefighter is of good moral
character at the time of appointment;
- The firefighter performed as
a volunteer firefighter for at least seven years in a department
or force that employs paid firefighters;
- The firefighter participated
in at least 60% of fire duty at the location.
- If a firefighter, otherwise
eligible for an "exempt certificate", was unable
to complete seven years of service due to injury or injuries
that proved disabling, the firefighter may still be eligible
for an "exempt certificate" if he or she had participated
in 60% of fire duty over a period of five years.
- If a firefighter had service
in more than one municipal fire department, and if the aggregate
service (excluding concurrent service) totals seven years
or more, the firefighter will be eligible for an "exempt
certificate" from the department or force in the municipality
in which he or she is participating at the time of becoming
eligible. (NJSA 40A:14-56)
The "Exempt Firefighter Certificate"
allows a volunteer firefighter over age 35 to be appointed to
PFRS eligible positions in the municipality where he or she was
a volunteer. The member is eligible to join the PERS upon appointment
to the position.
The Exempt Firefighter
Certificate
The following sample "Exempt Firefighter Certificate"
represents the information each certificate must include.
|
EXEMPT
FIREFIGHTER CERTIFICATE
|
| It is hereby certified
that ________________________, a member of the fire department
and force, has qualified for and is entitled to this certificate
of exemption pursuant to law. |
| Date of appointment
___________________________.
Date when member became entitled
to exemption _________________________.
Record of prior service (if
any)_______________________.
Date of issue _________________________.
|
______________________________________,
Official in charge of fire department and force |
|
Attest:
________________________, (seal)
Municipal Clerk
|
___________________________,
Chief Executive Officer of Municipality |
| Filed
in the Office of the Clerk of __________________________County |
| Date
__________________ |
________________________________,
County Clerk
|
According to NJSA 40A: 14-59, when
an "Exempt Firefighter Certificate" is issued, there
must be four copies, which are to be given to:
- The New Jersey State Firemen's
Association,
- The exempt firefighter's department
to be kept as a permanent record,
- The firefighter, and;
- The county clerk of the county
in which it is issued (within 60 days).
There can be no fee associated with
issuing the certificate, and it must be signed by the official
in charge of the fire department and force and the chief executive
officer of the municipality. The municipal clerk must affix the
municipal seal, attest the certificate, and ensure that the filing
and delivery of copies are carried out.