N.J.S.A. 11A:5-2 Spouse of disabled veteran or deceased veteran
The spouse of any disabled veteran is eligible to receive disabled veterans’ preference under this chapter, if that veteran is not in the service of t…
In plain language
The preference can pass to a spouse, on conditions. A disabled veteran's spouse may claim disabled veterans' preference where the veteran is not employed by the State or a subdivision under this title, and where the veteran formally waives their own preference for as long as the spouse is employed. Only one of them holds it at a time. The surviving spouse of a disabled veteran or a veteran gets whatever preference the deceased would have had, with no waiver needed since there is no competing claim. One limit closes the section and is easily missed: the preference terminates on the surviving spouse's remarriage.
Written by the NJ Civil Service Navigator editorial team from the text of this section. The statute itself is below, unabridged.
Current through the close of the 221st Legislature (L. 2025, c. 346). What that means
Enacted by L. 1986, c. 112, effective September 25, 1986. Never amended since.
A New Jersey statute changes only when the Legislature amends it, so a section untouched since its last amendment is settled rather than out of date.
Reviewed as of July 28, 2026. Official text: njleg.state.nj.us.
The spouse of any disabled veteran is eligible to receive disabled veterans’ preference under this chapter, if that veteran is not in the service of the State or any political subdivision which operates under this title and the veteran officially waives, if able to do so, any right to preference for the duration of the spouse’s employment.
The surviving spouse of any disabled veteran or veteran shall be entitled to receive the same preference under this chapter to which the disabled veteran or deceased veteran would have been entitled to if still living. The preference shall terminate upon the remarriage of the surviving spouse.
Legislative history
Session laws, newest first
- L. 1986, c. 112Enacted
effective September 25, 1986
How this section has been applied
2 reported decisions cite this section. Citations only: the summaries in the source are the publisher's own writing, and where we describe a case we write it from the decision itself.
Appellate Division 2
- Chester v. Department of Civil Service90 N.J. Super. 176, 216 A.2d 611, 1966 N.J. Super. LEXIS 380
- Abrams v. Department of Civil Service70 N.J. Super. 559, 176 A.2d 294, 1961 N.J. Super. LEXIS 499