New Jersey 2024 2024-2025 Regular Session

New Jersey Senate Bill S165 Comm Sub / Analysis

                       
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