SENATE, No. 165 STATE OF NEW JERSEY 221st LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION Sponsored by: Senator VINCENT J. POLISTINA District 2 (Atlantic) Senator JAMES BEACH District 6 (Burlington and Camden) Co-Sponsored by: Senators Singer, Singleton, Diegnan and Schepisi SYNOPSIS Expands definition of child under PFRS and SPRS. CURRENT VERSION OF TEXT As reported by the Senate State Government, Wagering, Tourism & Historic Preservation Committee with technical review. S165 POLISTINA, BEACH 2 EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted in the law. Matter underlined thus is new matter. AN ACT concerning the definition of child under the Police and 1 Firemen’s Retirement System and the State Police Retirement 2 System, and amending P.L.1944, c.255 and P.L.1965, c.89. 3 4 BE IT ENACTED by the Senate and General Assembly of the State 5 of New Jersey: 6 7 1. Section 1 of P.L.1944, c.255 (C.43:16A-1) is amended to read 8 as follows: 9 1. As used in this act: 10 (1) "Retirement system" or "system" shall mean the Police and 11 Firemen's Retirement System of New Jersey as defined in section 2 12 of this act. 13 (2) (a) "Policeman" shall mean a permanent, full-time employee 14 of a law enforcement unit as defined in section 2 of P.L.1961, c.56 15 (C.52:17B-67) or the State, other than an officer or trooper of the 16 Division of State Police whose position is covered by the State 17 Police Retirement System, whose primary duties include the 18 investigation, apprehension or detention of persons suspected or 19 convicted of violating the criminal laws of the State and who: 20 (i) is authorized to carry a firearm while engaged in the actual 21 performance of his official duties; 22 (ii) has police powers; 23 (iii) is required to complete successfully the training 24 requirements prescribed by P.L.1961, c.56 (C.52:17B-66 et seq.) or 25 comparable training requirements as determined by the board of 26 trustees; and 27 (iv) is subject to the physical and mental fitness requirements 28 applicable to the position of municipal police officer established by 29 an agency authorized to establish these requirements on a Statewide 30 basis, or comparable physical and mental fitness requirements as 31 determined by the board of trustees. 32 The term shall also include an administrative or supervisory 33 employee of a law enforcement unit or the State whose duties 34 include general or direct supervision of employees engaged in 35 investigation, apprehension or detention activities or training 36 responsibility for these employees and a requirement for 37 engagement in investigation, apprehension or detention activities if 38 necessary, and who is authorized to carry a firearm while in the 39 actual performance of his official duties and has police powers. 40 (b) "Fireman" shall mean a permanent, full-time employee of a 41 firefighting unit whose primary duties include the control and 42 extinguishment of fires and who is subject to the training and 43 physical and mental fitness requirements applicable to the position 44 of municipal firefighter established by an agency authorized to 45 S165 POLISTINA, BEACH 3 establish these requirements on a Statewide basis, or comparable 1 training and physical and mental fitness requirements as determined 2 by the board of trustees. The term shall also include an 3 administrative or supervisory employee of a firefighting unit whose 4 duties include general or direct supervision of employees engaged 5 in fire control and extinguishment activities or training 6 responsibility for these employees and a requirement for 7 engagement in fire control and extinguishment activities if 8 necessary. As used in this paragraph, "firefighting unit" shall mean 9 a municipal fire department, a fire district, or an agency of a county 10 or the State which is responsible for control and extinguishment of 11 fires. 12 (3) "Member" shall mean any policeman or fireman included in 13 the membership of the retirement system pursuant to this 14 amendatory and supplementary act, P.L.1989, c.204 (C.43:16A-15.6 15 et al.). 16 (4) "Board of trustees" or "board" shall mean the board provided 17 for in section 13 of this act. 18 (5) "Medical board" shall mean the board of physicians 19 provided for in section 13 of this act. 20 (6) "Employer" shall mean the State of New Jersey, the county, 21 municipality or political subdivision thereof which pays the 22 particular policeman or fireman. 23 (7) "Service" shall mean service as a policeman or fireman paid 24 for by an employer. 25 (8) "Creditable service" shall mean service rendered for which 26 credit is allowed as provided under section 4 of this act. 27 (9) "Regular interest" shall mean interest as determined by the 28 State Treasurer, after consultation with the actuary. It shall bear a 29 reasonable relationship to the percentage rate of earnings on 30 investments based on the market value of assets but shall not exceed 31 the assumed percentage rate of increase applied to salaries plus 3%, 32 provided however that the board of trustees shall not set the average 33 percentage rate of increase applied to salaries below 6%. This rate 34 shall be distinct from any internally targeted rates used for 35 developing investment policy by the board of trustees pursuant to 36 section 13 of P.L.1944, c.255 (C.43:16A-13). 37 (10) "Aggregate contributions" shall mean the sum of all the 38 amounts, deducted from the compensation of a member or 39 contributed by him or on his behalf, standing to the credit of his 40 individual account in the annuity savings fund. 41 (11) "Annuity" shall mean payments for life derived from the 42 aggregate contributions of a member. 43 (12) "Pension" shall mean payments for life derived from 44 contributions by the employer. 45 (13) "Retirement allowance" shall mean the pension plus the 46 annuity. 47 S165 POLISTINA, BEACH 4 (14) "Earnable compensation" shall mean the full rate of the 1 salary that would be payable to an employee if he worked the full 2 normal working time for his position. In cases where salary 3 includes maintenance, the retirement system shall fix the value of 4 that part of the salary not paid in money which shall be considered 5 under this act. 6 (15) "Average final compensation" shall mean final 7 compensation. 8 (16) "Retirement" shall mean the termination of the member's 9 active service with a retirement allowance granted and paid under 10 the provisions of this act. 11 (17) "Annuity reserve" shall mean the present value of all 12 payments to be made on account of any annuity or benefit in lieu of 13 any annuity computed upon the basis of such mortality tables 14 recommended by the actuary as shall be adopted by the board of 15 trustees, and regular interest. 16 (18) "Pension reserve" shall mean the present value of all 17 payments to be made on account of any pension or benefit in lieu of 18 any pension computed upon the basis of such mortality tables 19 recommended by the actuary as shall be adopted by the board of 20 trustees, and regular interest. 21 (19) "Actuarial equivalent" shall mean a benefit of equal value 22 when computed upon the basis of such mortality tables 23 recommended by the actuary as shall be adopted by the board of 24 trustees, and regular interest. 25 (20) "Beneficiary" shall mean any person receiving a retirement 26 allowance or other benefit as provided by this act. 27 (21) "Child" shall mean a deceased member's or retirant's 28 unmarried child (a) under the age of 18, or (b) 18 years of age or 29 older and enrolled in a secondary school, or (c) under the age of 24 30 and enrolled in a degree program in an institution of higher 31 education for at least 12 credit hours in each semester, [provided 32 that the member died in active service as a result of an accident met 33 in the actual performance of duty at some definite time and place, 34 and the death was not the result of the member's willful 35 misconduct,] or (d) of any age who, at the time of the member's or 36 retirant's death, is disabled because of an intellectual disability or 37 physical incapacity, is unable to do any substantial, gainful work 38 because of the impairment and [his] the impairment has lasted or 39 can be expected to last for a continuous period of not less than 12 40 months, as affirmed by the medical board. 41 (22) "Parent" shall mean the parent of a member who was 42 receiving at least one-half of his support from the member in the 43 12-month period immediately preceding the member's death or the 44 accident which was the direct cause of the member's death. The 45 dependency of such a parent will be considered terminated by 46 marriage of the parent subsequent to the death of the member. 47 S165 POLISTINA, BEACH 5 (23) (a) "Widower," for employees of the State, means the man 1 to whom a member or retirant was married, or a domestic partner as 2 defined in section 3 of P.L.2003, c.246 (C.26:8A-3), on the date of 3 her death and who has not since remarried or established a domestic 4 partnership. In the event of the payment of accidental death 5 benefits, pursuant to section 10 of P.L.1944, c.255 (C.43:16A-10), 6 the restriction concerning remarriage or establishment of a domestic 7 partnership shall be waived. 8 (b) Subject to the provisions of paragraph (c) of this subsection, 9 "widower," for employees of public employers other than the State, 10 means the man to whom a member or retirant was married on the 11 date of her death and who has not remarried. 12 (c) A public employer other than the State may adopt a 13 resolution providing that the term "widower" as defined in 14 paragraph (b) of this subsection shall include domestic partners as 15 provided in paragraph (a) of this subsection. 16 (24) (a) "Widow," for employees of the State, means the woman 17 to whom a member or retirant was married, or a domestic partner as 18 defined in section 3 of P.L.2003, c.246 (C.26:8A-3), on the date of 19 his death and who has not since remarried or established a domestic 20 partnership. In the event of the payment of accidental death 21 benefits, pursuant to section 10 of P.L.1944, c.255 (C.43:16A-10), 22 the restriction concerning remarriage or establishment of a domestic 23 partnership shall be waived. 24 (b) Subject to the provisions of paragraph (c) of this subsection, 25 "widow," for employees of public employers other than the State, 26 means the woman to whom a member or retirant was married on the 27 date of his death and who has not remarried. 28 (c) A public employer other than the State may adopt a 29 resolution providing that the term "widow" as defined in paragraph 30 (b) of this subsection shall include domestic partners as provided in 31 paragraph (a) of this subsection. 32 (25) "Fiscal year" shall mean any year commencing with July 1, 33 and ending with June 30, next following. 34 (26) (a) "Compensation" shall mean the base salary, for services 35 as a member as defined in this act, which is in accordance with 36 established salary policies of the member's employer for all 37 employees in the same position but shall not include individual 38 salary adjustments which are granted primarily in anticipation of 39 the member's retirement or additional remuneration for performing 40 temporary duties beyond the regular workday. 41 (b) In the case of a person who becomes a member of the 42 retirement system on or after the effective date of P.L.2010, c.1, 43 "compensation" means the amount of base salary equivalent to the 44 annual maximum wage contribution base for Social Security, 45 pursuant to the Federal Insurance Contributions Act, for services as 46 a member as defined in this act, which is in accordance with 47 established salary policies of the member's employer for all 48 S165 POLISTINA, BEACH 6 employees in the same position but shall not include individual 1 salary adjustments which are granted primarily in anticipation of 2 the member's retirement or additional remuneration for performing 3 temporary duties beyond the regular workday. 4 (27) "Department" shall mean any police or fire department of a 5 municipality or a fire department of a fire district located in a 6 township or a county police or park police department or the 7 appropriate department of the State or instrumentality thereof. 8 (28) (a) "Final compensation" means the compensation received 9 by the member in the last 12 months of creditable service preceding 10 his retirement or death. 11 (b) In the case of a person who becomes a member of the 12 retirement system on or after the effective date of P.L.2010, c.1, 13 "final compensation" means the average annual compensation for 14 service for which contributions are made during any three fiscal 15 years of membership providing the largest possible benefit to the 16 member or the member's beneficiary. 17 (29) (Deleted by amendment, P.L.1992, c.78). 18 (30) (Deleted by amendment, P.L.1992, c.78). 19 (31) (a) "Spouse," for employees of the State, means the husband 20 or wife, or domestic partner as defined in section 3 of P.L.2003, 21 c.246 (C.26:8A-3), of a member. 22 (b) Subject to the provisions of paragraph (c) of this subsection, 23 "spouse," for employees of public employers other than the State, 24 means the husband or wife of a member. 25 (c) A public employer other than the State may adopt a 26 resolution providing that the term "spouse" as defined in paragraph 27 (b) of this subsection shall include domestic partners as provided in 28 paragraph (a) of this subsection. 29 (cf: P.L.2018, c.55, s.7) 30 31 2. Section 3 of P.L.1965, c.89 (C.53:5A-3) is amended to read as 32 follows: 33 3. As used in this act: 34 a. "Aggregate contributions" means the sum of all the amounts, 35 deducted from the salary of a member or contributed by him or on 36 his behalf, standing to the credit of his individual account in the 37 Annuity Savings Fund. Interest credited on contributions to the 38 former "State Police Retirement and Benevolent Fund" shall be 39 included in a member's aggregate contributions. 40 b. "Annuity" means payments for life derived from the 41 aggregate contributions of a member. 42 c. "Annuity reserve" means the present value of all payments 43 to be made on account of any annuity or benefit in lieu of an 44 annuity, computed upon the basis of such mortality tables 45 recommended by the actuary as the board of trustees adopts and 46 regular interest. 47 S165 POLISTINA, BEACH 7 d. "Beneficiary" means any person entitled to receive any 1 benefit pursuant to the provisions of this act by reason of the death 2 of a member or retirant. 3 e. "Board of trustees" or "board" means the board provided for 4 in section 30 of this act. 5 f. "Child" means a deceased member's or retirant's unmarried 6 child either (a) under the age of 18, or (b) 18 years of age or older 7 and enrolled in a secondary school, or (c) under the age of 24 and 8 enrolled in a degree program in an institution of higher education 9 for at least 12 credit hours in each semester, [provided that the 10 member died in active service as a result of an accident met in the 11 actual performance of duty at some definite time and place, and the 12 death was not the result of the member's willful misconduct,] or (d) 13 of any age who, at the time of the member's or retirant's death, is 14 disabled because of an intellectual disability or physical incapacity, 15 is unable to do any substantial, gainful work because of the 16 impairment and [his] the impairment has lasted or can be expected 17 to last for a continuous period of not less than 12 months, as 18 affirmed by the medical board. 19 g. "Creditable service" means service rendered for which credit 20 is allowed on the basis of contributions made by the member or the 21 State. 22 h. "Parent" means the parent of a member who was receiving at 23 least one-half of his support from the member in the 12-month 24 period immediately preceding the member's death or the accident 25 which was the direct cause of the member's death. The dependency 26 of such a parent will be considered terminated by marriage of the 27 parent subsequent to the death of the member. 28 i. (1) "Final compensation" means the average compensation 29 received by the member in the last 12 months of creditable service 30 preceding his retirement or death. Such term includes the value of 31 the member's maintenance allowance for this same period. 32 (2) In the case of a person who becomes a member of the 33 retirement system on or after the effective date of P.L.2010, c.1, 34 "final compensation" means the average annual compensation for 35 service for which contributions are made during any three fiscal 36 years of membership providing the largest possible benefit to the 37 member or the member's beneficiary. Such term includes the value 38 of the member's maintenance allowance for this same period. 39 j. (1) "Final salary" means the average salary received by the 40 member in the last 12 months of creditable service preceding his 41 retirement or death. Such term shall not include the value of the 42 member's maintenance allowance. 43 (2) In the case of a person who becomes a member of the 44 retirement system on or after the effective date of P.L.2010, c.1, 45 "final salary" means the average annual salary for service for which 46 contributions are made during any three fiscal years of membership 47 providing the largest possible benefit to the member or the 48 S165 POLISTINA, BEACH 8 member's beneficiary. Such term shall not include the value of the 1 member's maintenance allowance. 2 k. "Fiscal year" means any year commencing with July 1 and 3 ending with June 30 next following. 4 l. "Medical board" means the board of physicians provided for 5 in section 30 of this act. 6 m. "Member" means any full-time, commissioned officer, non-7 commissioned officer or trooper of the Division of State Police of 8 the Department of Law and Public Safety of the State of New Jersey 9 enrolled in the retirement system established by this act. 10 n. "Pension" means payment for life derived from contributions 11 by the State. 12 o. "Pension reserve" means the present value of all payments to 13 be made on account of any pension or benefit in lieu of any pension 14 computed on the basis of such mortality tables recommended by the 15 actuary as shall be adopted by the board of trustees and regular 16 interest. 17 p. "Regular interest" means interest as determined by the State 18 Treasurer, after consultation with the Directors of the Divisions of 19 Investment and Pensions, the board of trustees and the actuary. It 20 shall bear a reasonable relationship to the percentage rate of 21 earnings on investments based on the market value of the assets but 22 shall not exceed the assumed percentage rate of increase applied to 23 salaries plus 3%, provided however that the board of trustees shall 24 not set the average percentage rate of increase applied to salaries 25 below 6%. 26 q. "Retirant" means any former member receiving a retirement 27 allowance as provided by this act. 28 r. "Retirement allowance" means the pension plus the annuity. 29 s. "State Police Retirement System of New Jersey," herein also 30 referred to as the "retirement system" or "system," is the corporate 31 name of the arrangement for the payment of retirement allowances 32 and of the benefits under the provisions of this act including the 33 several funds placed under said system. By that name, all of its 34 business shall be transacted, its funds invested, warrants for moneys 35 drawn, and payments made and all of its cash and securities and 36 other property held. All assets held in the name of the former 37 "State Police Retirement and Benevolent Fund" shall be transferred 38 to the retirement system established by this act. 39 t. "Surviving spouse" means the person to whom a member or 40 a retirant was married, or a domestic partner as defined in section 3 41 of P.L.2003, c.246 (C.26:8A-3), on the date of the death of the 42 member or retirant. The dependency of such a surviving spouse 43 will be considered terminated by the marriage of, or establishment 44 of a domestic partnership by, the surviving spouse subsequent to the 45 member's or the retirant's death, except that in the event of the 46 payment of accidental death benefits, pursuant to section 14 of 47 P.L.1965, c.89 (C.53:5A-14), the dependency of such a surviving 48 S165 POLISTINA, BEACH 9 spouse or domestic partner will not be considered terminated by the 1 marriage of, or establishment of a domestic partnership by, the 2 surviving spouse subsequent to the member's death. 3 u. (1) "Compensation" for purposes of computing pension 4 contributions means the base salary, for services as a member as 5 defined in this act, which is in accordance with established salary 6 policies of the State for all employees in the same position but shall 7 not include individual salary adjustments which are granted 8 primarily in anticipation of the member's retirement or additional 9 remuneration for performing temporary duties beyond the regular 10 workday or shift. 11 (2) In the case of a person who becomes a member of the 12 retirement system on or after the effective date of P.L.2010, c.1, 13 "compensation" means the amount of base salary equivalent to the 14 annual maximum wage contribution base for Social Security, 15 pursuant to the Federal Insurance Contributions Act, for services as 16 a member as defined in this act, which is in accordance with 17 established salary policies of the State for all employees in the same 18 position but shall not include individual salary adjustments which 19 are granted primarily in anticipation of the member's retirement or 20 additional remuneration for performing temporary duties beyond 21 the regular workday or shift. 22 v. "Veteran" means any person who has served in the United 23 States Armed Forces and has or shall be discharged or released 24 therefrom under conditions other than dishonorable, in any of the 25 following wars or emergencies, and who has presented to the 26 retirement system evidence of such record of service in form and 27 content satisfactory to the retirement system: 28 (1) Vietnam conflict on or after December 31, 1960, and on or 29 prior to May 7, 1975, who shall have served at least 90 days in such 30 active service, exclusive of any period of assignment (1) for a 31 course of education or training under the Army Specialized 32 Training Program or the Navy College Training Program which 33 course was a continuation of a civilian course and was pursued to 34 completion, or (2) as a cadet or midshipman at one of the service 35 academies, any part of which 90 days was served between said 36 dates; and exclusive of any service performed pursuant to the 37 provisions of section 511 (d) of Title 10, United States Code, 38 pursuant to an enlistment in the Army National Guard or as a 39 reserve for service in the Army Reserve, Naval Reserve, Air Force 40 Reserve, Marine Corps Reserve, or Coast Guard Reserve; provided, 41 that any person receiving an actual service-incurred injury or 42 disability shall be classed as a veteran whether or not that person 43 has completed the 90 days' service as herein provided; 44 (2) Lebanon peacekeeping mission, on or after September 26, 45 1982, who has served in Lebanon or on board any ship actively 46 engaged in patrolling the territorial waters of that nation for a 47 period, continuous or in the aggregate, of at least 14 days 48 S165 POLISTINA, BEACH 10 commencing on or before December 1, 1987 or the date of 1 termination of that mission, as proclaimed by the President of the 2 United States or Congress, whichever date of termination is the 3 latest, in such active service; provided, that any person receiving an 4 actual service-incurred injury or disability shall be classed as a 5 veteran whether or not that person has completed the 14 days' 6 service as herein provided; 7 (3) Grenada peacekeeping mission, on or after October 23, 8 1983, who has served in Grenada or on board any ship actively 9 engaged in patrolling the territorial waters of that nation for a 10 period, continuous or in the aggregate, of at least 14 days 11 commencing on or before November 21, 1983 or the date of 12 termination of that mission, as proclaimed by the President of the 13 United States or Congress, whichever date of termination is the 14 latest, in such active service; provided, that any person receiving an 15 actual service-incurred injury or disability shall be classed as a 16 veteran whether or not that person has completed the 14 days' 17 service as herein provided; 18 (4) Panama peacekeeping mission, on or after December 20, 19 1989 or the date of inception of that mission, as proclaimed by the 20 President of the United States or Congress, whichever date of 21 inception is earliest, who has served in Panama or on board any ship 22 actively engaged in patrolling the territorial waters of that nation for 23 a period, continuous or in the aggregate, of at least 14 days 24 commencing on or before January 31, 1990 or the date of 25 termination of that mission, as proclaimed by the President of the 26 United States or Congress, whichever date of termination is the 27 latest, in such active service; provided, that any person receiving an 28 actual service-incurred injury or disability shall be classed as a 29 veteran whether or not that person has completed the 14 days' 30 service as herein provided; 31 (5) Operation "Desert Shield/Desert Storm" mission in the 32 Arabian peninsula and the Persian Gulf, on or after August 2, 1990 33 or the date of inception of that operation, as proclaimed by the 34 President of the United States or Congress, whichever date of 35 inception is earliest, who has served in the Arabian peninsula or on 36 board any ship actively engaged in patrolling the Persian Gulf for a 37 period, continuous or in the aggregate, of at least 14 days 38 commencing on or before the date of termination of that mission, as 39 proclaimed by the President of the United States or Congress, 40 whichever date of termination is the latest, in such active service; 41 provided, that any person receiving an actual service-incurred injury 42 or disability shall be classed as a veteran whether or not that person 43 has completed the 14 days' service as herein provided; 44 (6) Operation Northern Watch and Operation Southern Watch, 45 on or after August 27, 1992, or the date of inception of that 46 operation, as proclaimed by the President of the United States, 47 Congress or United States Secretary of Defense, whichever date of 48 S165 POLISTINA, BEACH 11 inception is earliest, who served in the theater of operation, 1 including in the Arabian peninsula and the Persian Gulf, and in 2 direct support of that operation for a period, continuously or in the 3 aggregate, of at least 14 days in such active service, commencing on 4 or before the date of termination of that operation, as proclaimed by 5 the President of the United States, Congress or United States 6 Secretary of Defense, whichever date of termination is the latest; 7 provided, that any person receiving an actual service-incurred injury 8 or disability while engaged in such service shall be classed as a 9 veteran whether or not that person has completed the 14 days' 10 service as herein provided; 11 (7) Operation "Restore Hope" in Somalia, on or after December 12 5, 1992, or the date of inception of that operation as proclaimed by 13 the President of the United States or Congress, whichever date is 14 earliest, who has served in Somalia or on board any ship actively 15 engaged in patrolling the territorial waters of that nation for a 16 period, continuously or in the aggregate, of at least 14 days in such 17 active service commencing on or before March 31, 1994; provided 18 that any person receiving an actual service-incurred injury or 19 disability shall be classed as a veteran whether or not that person 20 has completed the 14-day service as herein provided; 21 (8) Operations "Joint Endeavor" and "Joint Guard" in the 22 Republic of Bosnia and Herzegovina, on or after November 20, 23 1995, who served in such active service in direct support of one or 24 both of the operations for at least 14 days, continuously or in the 25 aggregate, commencing on or before June 20, 1998, and (1) was 26 deployed in that nation or in another area in the region, or (2) was 27 on board a United States naval vessel operating in the Adriatic Sea, 28 or (3) operated in airspace above the Republic of Bosnia and 29 Herzegovina; provided that any person receiving an actual service-30 incurred injury or disability shall be classed as a veteran whether or 31 not that person completed the 14-day service requirement; 32 (9) Operation "Enduring Freedom", on or after September 11, 33 2001, who served in a theater of operation and in direct support of 34 that operation for a period, continuously or in the aggregate, of at 35 least 14 days in such active service commencing on or before the 36 date the President of the United States or the United States 37 Secretary of Defense designates as the termination date of that 38 operation; provided, that any person receiving an actual service-39 incurred injury or disability while engaged in such service shall be 40 classed as a veteran whether or not that person has completed the 14 41 days' service as herein provided; and 42 (10) Operation "Iraqi Freedom", on or after the date the President 43 of the United States or the United States Secretary of Defense 44 designates as the inception date of that operation, who served in 45 Iraq or in another area in the region in direct support of that 46 operation for a period, continuously or in the aggregate, of at least 47 14 days in such active service commencing on or before the date the 48 S165 POLISTINA, BEACH 12 President of the United States or the United States Secretary of 1 Defense designates as the termination date of that operation; 2 provided, that any person receiving an actual service-incurred injury 3 or disability while engaged in such service shall be classed as a 4 veteran whether or not that person has completed the 14 days' 5 service as herein provided. 6 (cf: P.L.2016, c.26, s.1) 7 8 3. This act shall take effect immediately. 9