reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.38 - Ban on solicitation prior to award of contract

Current through Register Vol. 56, No. 14, July 15, 2024
A contractor seeking to implement a contract with a local
				  government unit shall not solicit an active volunteer member for participation in
				  any length of service award plan or solicit an active volunteer member to support
				  the efforts of the contractor to secure such a contract. A representative of a
				  contractor under contract shall not communicate with any prospective participant
				  without the expressed consent and knowledge of the sponsoring agency.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.39 - Insurance companies

Current through Register Vol. 56, No. 14, July 15, 2024
An insurance company offering a length of service award plan to
				  local units shall be authorized by the Commissioner of Banking and Insurance to do
				  business in the State of New Jersey. Documentation of the authorization to do
				  business in New Jersey shall be submitted as part of the application process.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.40 - Mutual fund companies

Current through Register Vol. 56, No. 14, July 15, 2024
An entity offering a mutual fund or other type of security as
				  part of a length of service award plan shall be registered with the Security and
				  Exchange Commission and shall submit to the Director a copy of a "Certificate of
				  Good Standing" from the Treasurer, State of New Jersey.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.41 - Nonprofit corporations

Current through Register Vol. 56, No. 14, July 15, 2024
A nonprofit, tax-exempt corporation offering length of service
				  award plans to local units shall provide to the Director a copy of their Internal
				  Revenue Service tax exemption certification.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.42 - Banking institutions

Current through Register Vol. 56, No. 14, July 15, 2024
A banking institution serving as a depository for a local unit's
				  controlled program funds or offering a length of service award plan to local units
				  shall be a New Jersey State-chartered bank, savings bank, or savings and loan or
				  Federally-chartered bank, savings bank, or savings and loan located in New Jersey;
				  hereinafter referred to as "banking institution." Such banking institution shall be
				  in compliance with capital requirements for state-chartered banking institutions as
				  set forth in N.J.A.C. 3:4, or capital requirements for Federally-chartered banking
				  institutions as set forth in 12 CFR Part 325. Further, the bank must participate in
				  the New Jersey Governmental Unit Depository Protection Act.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.43 - Nondiscrimination

Current through Register Vol. 56, No. 14, July 15, 2024
An organization, person, company, corporation, partnership, or
				  other entity offering length of service award plans to local governments shall be in
				  full compliance with all Federal and State laws regarding discrimination in its
				  employment or investment policies and practices and shall so certify to the
				  Director.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.44 - Contractor disclosure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A potential
				contractor shall disclose to the sponsoring agency and to the participants the fees
				charged, the fee and commission structure, the investment plan offered, and any
				other pertinent information which the sponsoring agency may need in evaluating the
				contractor's fee and service.
(b) All
				length of service award plans shall contain termination clauses with respect to
				transfers of assets or responsibility under the plan.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.45 - Bonding and evidence of insurance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A contractor who
				provides a prototypical length of service award plan shall post a bond obtained from
				an organization duly authorized and licensed to provide such bond in the State of
				New Jersey, to protect the plan and the sponsoring agency from any loss resulting
				from fraud or dishonesty by such contractor. Evidence of such bond or ability to
				obtain such bond if the plan is awarded shall be provided to the sponsoring agency
				and to the Director.
(b) The amount of
				bond shall not be less than 100 percent of the amount of funds managed by such
				contractor.
(c) A contractor providing
				services in accordance with this subchapter shall provide the sponsoring agency and
				Director with evidence of appropriate liability insurance and errors and omissions
				insurance. A contractor who is self-insured for errors and omissions insurance shall
				submit documentation from their auditors attesting to the validity of the coverage.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.46 - Provisions for rules to be part of plan

Current through Register Vol. 56, No. 14, July 15, 2024
A length of service award plan entered into by a sponsoring
				  agency shall provide that the plan is subject to the rules set forth in this
				  subchapter and that said rules are made a part thereof.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.47 - Annual report

Current through Register Vol. 56, No. 14, July 15, 2024
The contractor shall make available annually a report to each
				  participant which shall indicate the value or balance of each participant's account.
				  The report shall indicate for each participant the balance of the participant's
				  account as of the last accounting date, and any return on investment credited to the
				  participant's account since the last report or accounting date. Information
				  regarding the value or balance of the entire plan shall be provided to the local
				  plan administrator.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.48 - Pooling of funds

Current through Register Vol. 56, No. 14, July 15, 2024
Except for individual annuities and life insurance contracts, the
				  plan shall provide for investments in authorized investment options by pooling the
				  amounts awarded. The return on investments shall be apportioned on a prorated basis
				  among all participants in the plan after deductions for reasonable administrative
				  costs.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.50 - Return to participants

Current through Register Vol. 56, No. 14, July 15, 2024
Funds invested, less administrative expenses, including all
				  amounts awarded and any and all return on investments shall be credited to the
				  participants' accounts. Such credit shall be made in a manner that is prorated in a
				  nondiscriminatory manner.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.51 - Participant records confidential

Current through Register Vol. 56, No. 14, July 15, 2024
All records regarding participation, amounts awarded, account
				  balances, withdrawals, and any other information regarding a participant's account
				  shall be held confidential by the local plan administrator and the contractor.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.52 - Plan records

Current through Register Vol. 56, No. 14, July 15, 2024
The local plan administrator shall make available upon a written
				  request from a participant or the Director, all records, reports or other
				  information relating to the plan as a whole, including, but not limited to,
				  investment reports, audits and annual reports.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.53 - Status of funds

Current through Register Vol. 56, No. 14, July 15, 2024
The amount awarded shall not be treated as compensation subject
				  to Federal income tax withholding or New Jersey Gross Income Tax withholding.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.54 - Plan list

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each July the
				Director shall prepare and distribute to the appropriate contractor a list of its
				approved length of service award plans. The list shall clearly identify sponsoring
				agencies and the date of approval.
(b)
				The contractor shall have 30 days from date of mailing of the list by the Director
				to confirm in writing that the list is accurate.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.55 - Compliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A contractor shall
				provide to the Director appropriate documentation as more specifically described in
				this section that, under its proposed prototypical length of service award plan,
				funds contributed for the benefit of volunteers participating in the plan shall not
				be taxable for the purposes of the Internal Revenue Code until actual receipt of
				such funds by the volunteer due to retirement, termination after vesting, death or
				disability. The appropriate documentation to be submitted by the contractor shall
				consist of either a written opinion of legal counsel for the contractor, or a
				private letter ruling to this effect from the Internal Revenue Service, pursuant to
				5:30-14.56.
(b) The Director shall not assign a prototypical
				length of service award plan identifier to a contractor who fails to provide
				evidence of compliance as required in (a) above.
(c) The Director may, at his or her discretion,
				assign a prototypical identifier upon the receipt from the contractor of
				documentation consisting of a copy of the filing for a Private Letter Ruling and an
				acknowledgement of receipt of the filing from the Internal Revenue
				Service.
(d) The contractor shall
				provide the Director with a copy of the Private Letter Ruling when it has been
				issued by the Internal Revenue Service.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.56 - Private letter ruling

Current through Register Vol. 56, No. 14, July 15, 2024
A sponsoring agency adopting a prototypical length of service
				  award plan may with the cooperation of a contractor file an application with the
				  Internal Revenue Service for a private letter ruling for a determination that the
				  plan meets the requirements of the Internal Revenue Code. A copy of the ruling shall
				  be forwarded to the Director when received.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.57 - Private letter ruling alternative

Current through Register Vol. 56, No. 14, July 15, 2024
As an alternative to seeking a separate private letter ruling
				  from the Internal Revenue Service pursuant to
				  5:30-14.56, a sponsoring agency may
				  adopt a contractor's prototypical length of service award plan which has already
				  received a private letter ruling from the Internal Revenue Service. The private
				  letter ruling shall be based upon the contractor's prototypical length of service
				  award plan adopted by a New Jersey sponsoring agency. The resolution of a sponsoring
				  agency shall certify that the sponsoring agency is adopting a plan identical to one
				  on which a satisfactory Internal Revenue Service private letter ruling has been
				  obtained. The certification shall also indicate the use of the ruling is for
				  guidance only and the realization that for Internal Revenue Service purposes, the
				  ruling of another sponsoring agency is not to be considered precedent.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.58 - Regulatory compliance

Current through Register Vol. 56, No. 14, July 15, 2024
The sponsoring agency and contractor shall comply with the
				  provisions of this subchapter. Any sponsoring agency or contractor deemed by the
				  Director to be in noncompliance shall be notified by certified mail to appear before
				  the Director, or designee. Notice shall be given at least 14 days prior to the date
				  of the appearance and shall detail the nature of the alleged noncompliance. Failure
				  to appear shall result in appropriate penalties pursuant to
				  5:30-14.61.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.59 - Director determination

Current through Register Vol. 56, No. 14, July 15, 2024
No later than 10 days after an appearance required by
				  5:30-14.58, the Director shall issue a
				  written determination on the issue of regulatory compliance. A copy of the
				  determination shall be forwarded by certified mail to the sponsoring agency or
				  contractor, as appropriate.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.60 - Grace period

Current through Register Vol. 56, No. 14, July 15, 2024
A Director determination of noncompliance shall result in the
				  immediate commencement of a 60 day grace period. During this time, the sponsoring
				  agency or contractor shall rectify all items of noncompliance to the satisfaction of
				  the Director.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.61 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
Failure to satisfactorily address noncompliance during the grace
				  period shall result in the immediate ineligibility of a contractor to qualify for
				  Division approval of any additional LOSAP plans. In addition, the Director may take
				  such other actions as provided for by law.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.62 - Vesting and awards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				40A:14-188, a sponsoring agency may
				make a yearly contribution to the LOSAP Account in the deferred income program for
				an active volunteer who has satisfied the requirements for receipt of an award, but
				the volunteer shall not be able to receive a distribution of the funds until the
				completion of a five year vesting period.
(b) Should a volunteer fail to vest or terminate
				association with a sponsoring agency prior to the completion of the vesting period,
				the funds placed in the LOSAP Account on behalf of the volunteer shall revert to the
				sponsoring agency, not to the volunteer.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.63 - Salaried emergency service employees and LOSAP eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) With regard to
				eligibility in a LOSAP of a sponsoring agency, an employee of the sponsoring agency
				compensated for performing firefighter or emergency medical services for the
				sponsoring agency:
1. Shall not be a LOSAP
				participant if the employee volunteers to perform, for the same sponsoring agency,
				work that is typically performed by the employee during normal work hours;
				and
2. Shall be a LOSAP participant if
				the employee volunteers to perform, for the same sponsoring agency, work that is not
				typically performed by the employee during normal work hours.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 15 - ACCUMULATED ABSENCE MANAGEMENT AND FINANCING › Section 5:30-15.1 - Purpose and authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this
				subchapter is to authorize and establish procedures for local government units to
				follow in accounting for accumulated absences and for the payment of employees on
				the basis of such absences, and in establishing reserves for compensated
				absences.
(b) This subchapter is
				promulgated pursuant to the authority of the Local Finance Board under N.J.S.A.
				52:27BB-10, which empowers the Board to promulgate reasonable rules for the
				interpretation and administration of State laws included within the jurisdiction of
				the Division of Local Government Services, and N.J.S.A. 52:27BB-28, which empowers
				the Board to promulgate rules for the proper use of uniform accounting systems and
				for proper accounting methods.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 15 - ACCUMULATED ABSENCE MANAGEMENT AND FINANCING › Section 5:30-15.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this subchapter, shall
				  have the following meanings, unless the context clearly indicates otherwise.
"Accumulated absence" means any sick days, vacation days, personal
				  days, compensatory time, or other absence time authorized as part of an employer
				  agreement, which is not used by the employee during the allowed period, and which is
				  permitted to accumulate over time to the benefit of the employee.
"Chief financial officer" means, except in the case of a
				  municipality or county, the director of revenue and finance, comptroller, treasurer,
				  collector or other financial officer of a local unit. In the case of a municipality,
				  the chief financial officer means the person appointed pursuant to
				  section
				  5 of
				  P.L.
				  1998, c. 110 (40A:9-140.1 0); in the case of a
				  county, the chief financial officer means the person appointed pursuant to
				  section
				  4 of
				  P.L.
				  1993, c.87 (40A:9-28.4).
"Compensated absence" means the value of accumulated absence which
				  is paid to the employee upon separation from the employer, pursuant to an employer
				  agreement or local policy.
"Employee" means a member of a State administered pension program
				  who is eligible for compensated absence benefits, pursuant to an employer
				  agreement.
"Employer agreement" or "agreement" means a duly negotiated and
				  approved labor agreement between the local unit and a collective bargaining
				  organization; or a local unit employer practice or an agreement provided by
				  ordinance or resolution as appropriate to the local unit, which, subject to law,
				  allows the employee to accumulate sick days, vacation days, personal days,
				  compensatory time, or other absence time, and which obligates the local unit to
				  compensate the employee for the value of that time upon separation from
				  employment.
"Local unit" means any county, municipality, regional service
				  agency, or a local public authority or fire district that is subject to the Local
				  Authorities Fiscal Control Law,
				  N.J.S.A.
				  40A:5A-1 et seq.
"Separation from employment" means retirement, or termination of
				  employment, pursuant to local policy.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 15 - ACCUMULATED ABSENCE MANAGEMENT AND FINANCING › Section 5:30-15.3 - Calculation of compensated absence liability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each municipality
				and county shall include a breakdown of accumulated absences and a preliminary
				schedule of the value of compensated absence, to be submitted as part of the local
				unit's introduced and adopted annual budget. The report shall provide the following
				information:
1. The gross number of days of
				accumulated absences and the dollar value of same as of the final day of the prior
				budget year, broken down by:
i. Sick days,
				vacation days, personal days, compensatory time, and other absence time;
				and
ii. Bargaining unit in the case of
				unionized employees, and individual position in the case of nonunionized employees,
				with those non-union employees holding more than one position reported based on the
				accumulated absence liability for all positions held;
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 15 - ACCUMULATED ABSENCE MANAGEMENT AND FINANCING › Section 5:30-15.4 - Authorization for compensated absence payments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All local unit
				payments for compensated absence shall be authorized locally by any one or
				combination of the following practices:
1. Any
				duly negotiated and approved labor agreement between the employer and a collective
				bargaining organization, executed pursuant to the New Jersey Employer-Employee
				Relations Act (N.J.S.A. 34:13A-1 et seq.);
2. A provision in a local ordinance or enabling
				resolution; and/or
3. An employment
				agreement with an individual employee, where the use of the benefit therein is
				authorized by local ordinance or enabling resolution.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 15 - ACCUMULATED ABSENCE MANAGEMENT AND FINANCING › Section 5:30-15.5 - Accounting for compensated absence funds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A county or
				municipality may appropriate and reserve funds for the purpose of compensating
				employees for accumulated absence time in accordance with the following:
1. No funds may be appropriated or reserved unless
				the local unit has complied with
				5:30-15.4(a).
2. The amount to be appropriated is specifically
				reserved to the governing body. Nothing in this section shall require any specific
				amount to be appropriated in any given year. In addition:
i. Total appropriations for compensated absences
				shall not exceed the value of the total accumulated absence, as determined by the
				chief financial officer of the local unit.
ii. Once appropriated, funds so reserved for
				compensated absence shall not be used for any other purpose unless so approved by
				the Local Finance Board.
iii. Current
				fund appropriations for municipalities and county governments shall be deposited
				into a dedicated trust fund, pursuant to
				40A:4-39.
iv. Funds may be disbursed in accordance with the
				Local Fiscal Affairs Law,
				40A:5-1 et seq., as necessary, to meet
				the obligations of the employer agreement.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 15 - ACCUMULATED ABSENCE MANAGEMENT AND FINANCING › Section 5:30-15.6 - Payment for accumulated sick leave for certain officers and employees who are subject to P.L. 2007, c. 92

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A local unit
				shall not pay supplemental compensation to any officer or employee as defined at (b)
				below for accumulated unused sick leave in an amount in excess of $ 15,000, except
				an officer or employee who:
1. On July 1, 2007, or
				upon the expiration of a collective negotiations agreement or contract of employment
				applicable to that officer or employee in effect on July 1, 2007, has accrued
				supplemental compensation based upon accumulated unused sick leave shall, upon
				retirement, be eligible to receive for any unused leave not more than the amount so
				accumulated or not more than $ 15,000, whichever is greater; or
2. Becomes an officer or employee after July 1,
				2007, and has previously accrued supplemental compensation based upon accumulated
				unused sick leave shall, upon retirement, be eligible to receive for any unused
				leave not more than the amount so previously accumulated or not more than $ 15,000,
				whichever is greater.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 15 - ACCUMULATED ABSENCE MANAGEMENT AND FINANCING › Section 5:30-15.7 - Payment for accumulated vacation leave for certain officers and employees who are subject to P.L. 2007, c. 92

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A local unit
				officer or employee who does not take vacation leave that accrues on or after July
				1, 2007, or on or after the date on which the person becomes an officer or employee,
				in a given year because of business demands shall be granted that accrued leave only
				during the next succeeding year, except that:
1.
				Vacation leave not taken in a given year because of duties directly related to a
				state of emergency declared by the Governor may accumulate at the discretion of the
				appointing authority until, pursuant to a plan established by the officer or
				employee's appointing authority, the leave is used, or the employee or officer is
				compensated for that leave, which shall not be subject to collective negotiation or
				collective bargaining; and
2. A person
				who is an officer or employee on July 1, 2007, or becomes an officer or employee
				after July 1, 2007, and has previously accrued vacation leave shall be eligible and
				shall be permitted to retain and use that accrued vacation
				leave.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 15 - ACCUMULATED ABSENCE MANAGEMENT AND FINANCING › Section 5:30-15.8 - Accumulated absence liability for officers and employees who are subject to P.L. 2010, c. 3

Current through Register Vol. 56, No. 14, July 15, 2024
A local unit shall not pay supplemental compensation for
				  accumulated unused sick leave in an amount in excess of $ 15,000 to any officer or
				  employee who commences service with the local unit on or after May 21, 2010, or, if
				  a collective negotiations agreement in force on May 21, 2010, contained a provision
				  concerning supplemental compensation for accumulated unused sick leave, to any
				  officer or employee who commences service with the local unit on or after the
				  expiration of the collective negotiations agreement.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 15 - ACCUMULATED ABSENCE MANAGEMENT AND FINANCING › Section 5:30-15.9 - Use of accrued vacation leave by officers and employees who are subject to P.L. 2010, c. 3

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A local unit officer
				or employee commencing service with the local unit on or after May 21, 2010, who
				does not take vacation leave that accrues in a given year because of business
				demands shall be granted that accrued leave only during the next succeeding year,
				except that vacation leave not taken in a given year because of duties directly
				related to a state of emergency declared by the Governor may accumulate at the
				discretion of the appointing authority until, pursuant to a plan established by the
				officer or employee's appointing authority, the leave is used or the employee or
				officer is compensated for that leave, which shall not be subject to collective
				negotiation or collective bargaining.
(b) Notwithstanding (a) above to the contrary, if
				a collective negotiations agreement in force on May 21, 2010, contained a provision
				concerning the accrual of unused vacation leave, this section shall apply to any
				officer or employee who commences service with the local unit on or after the
				expiration of the collective negotiations agreement.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 15 - ACCUMULATED ABSENCE MANAGEMENT AND FINANCING › Section 5:30-15.10 - Compensated absence compliance testing in annual audit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As part of the annual audit, the auditor shall
				undertake sample testing of the local unit's compensated absence liability, if any,
				using the following procedures:
1. Inspect
				employee personnel records to:
i. Confirm whether
				those records support the number of hours or days of accumulated absence recorded
				for the employee being tested; and
ii.
				Identify whether the employee is subject to the provisions at
				P.L.
				2007, c. 92 or
				P.L.
				2010, c. 3, pertaining to
				accumulated or compensated absence;
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 16 - AGENCY COMMUNICATIONS WITH LOCAL UNITS › Section 5:30-16.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
As used in this subchapter, the following terms have these
				  designated meanings:
"Division" means the Division of Local Government Services in the
				  Department of Community Affairs.
"GovConnect" means the electronic network established by the State
				  that permits the conduct of official business by and between agencies of government
				  and covered local officials.
"Covered local official" means those positions required to
				  participate in the GovConnect initiative (see
				  5:30-16.2(c)  ).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 16 - AGENCY COMMUNICATIONS WITH LOCAL UNITS › Section 5:30-16.2 - GovConnect

Current through Register Vol. 56, No. 14, July 15, 2024
(a) GovConnect is an electronic government
				initiative that uses the Internet and advanced communication technologies for the
				conduct of official business between agencies and local government officials. Use of
				GovConnect will improve the efficiency, effectiveness and productivity of government
				business. GovConnect is expected to reduce the cost to local units of dealing with
				State agencies.
(b) Pursuant to (c)
				below, the covered local officials must register in their official capacity with the
				GovConnect website on the myNewJersey portal by the date shown in this section.
				Additionally, these individuals must have Internet access for the conduct of local
				unit business. Registration means being enrolled as an authorized user of the
				GovConnect system. Covered local officials will receive information from the
				Division of Local Government Services on how to register on the system.
(c) Covered local officials and the date by which
				they must be registered in GovConnect are as follows:
1. Chief financial officer of a municipality:
				April 30, 2002.
2. Chief financial
				officer of a county: April 30, 2002.
3.
				Municipal Clerk: April 30, 2002.
4.
				Clerk to the County Board of Commissioners: April 30, 2002.
5. Tax collectors of a municipality: November 30,
				2002.
6. Representative designated by
				the Board of Commissioners from each local authority, including regional authorities
				subject to the Local Authorities Fiscal Control Law (N.J.S.A.
				40A:5A-1 et seq.): October 1, 2004.
7. Representative designated by the Board of Fire
				Commissioners from each Fire District: March 1, 2005.
8. Business administrator or manager of a
				municipality: November 1, 2023.
9.
				Administrator or manager of a county: November 1, 2023.
10. Individual designated to serve as a local
				unit's purchasing agent, regardless of whether the individual is licensed as a
				Qualified Purchasing Agent: November 1, 2023.
11. Certified public works manager of a
				municipality: November 1, 2023.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 17 - ELECTRONIC DISBURSEMENT CONTROLS FOR AUTHORIZED THIRD-PARTY DISBURSEMENT SERVICES › Section 5:30-17.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter sets forth standards for local governments to
				  follow when contracting with an organization to make disbursements on the local
				  unit's behalf, as permitted at
				  N.J.S.A.
				  52:27D-20.1 and this subchapter. This subchapter
				  is intended to ensure that local units understand the risks associated with
				  electronic disbursements and implement sound fiscal and control practices governing
				  such disbursements. This subchapter is limited in application to third-party
				  disbursement services authorized for use by the Local Finance Board by local units,
				  namely third-party preparations and calculations for and the disbursement of
				  salaries and wages, all withholdings, and additional related liabilities, as well as
				  disbursements for utility bills.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 17 - ELECTRONIC DISBURSEMENT CONTROLS FOR AUTHORIZED THIRD-PARTY DISBURSEMENT SERVICES › Section 5:30-17.3 - Authorization to use a third-party disbursement service organization for payroll and other specified purposes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The governing body
				of a local unit may enact policies for contracting with a disbursing organization to
				process payroll and utility bill disbursements on its behalf. Such policies shall be
				formally authorized by ordinance or resolution of the governing body, as appropriate
				to the form of government and shall specify the tasks that may be performed by a
				disbursing organization. Such policies may involve the use of a disbursing
				organization:
1. To prepare the necessary payroll
				payment documentation and execute disbursements from the local unit's bank account
				on behalf of the local unit;
2. To
				audit, consolidate, and pay utility bills to ensure compliance with tariffs and
				usage records;
3. To prepare payment
				documentation, take possession of local unit funds, and make such disbursements
				itself on behalf of a local unit for (a)1 and/or 2 above; or
4. Any combination of paragraphs (a)1 and/or 2,
				and 3, above.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 17 - ELECTRONIC DISBURSEMENT CONTROLS FOR AUTHORIZED THIRD-PARTY DISBURSEMENT SERVICES › Section 5:30-17.5 - Eligibility requirements for disbursing organizations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Disbursing
				organizations shall meet the following conditions and/or requirements:
1. The disbursing organization shall provide
				evidence of satisfactory internal control, evidence of which shall be required by
				the CFO. Such evidence may be:
i. The disbursing
				organization's Report on Policies and Procedures Placed in Operation and Tests of
				Operating Effectiveness, performed pursuant to AICPA (American Institute of
				Certified Public Accountants) Statement on Standards for Attestation Engagements No.
				18, or such successor standards as may be promulgated by AICPA;
ii. A completed SysTrust[TM] examination with an
				unqualified report on Availability, Security, Integrity and Maintainability
				completed in accordance with AICPA/CICA (Canadian Institute of Chartered
				Accountants) SysTrust[TM] Principles and Criteria for Systems Reliability;
				or
iii. Evidence of compliance with a
				mutually agreed upon external standard for determination of the sufficiency of a
				system of internal controls that support the work to be performed in accordance with
				the policies established by the local unit.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 17 - ELECTRONIC DISBURSEMENT CONTROLS FOR AUTHORIZED THIRD-PARTY DISBURSEMENT SERVICES › Section 5:30-17.6 - Contract terms and conditions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All contracts
				between a local unit and disbursing organization shall:
1. Contain adequate provisions to indemnify the
				local unit against any losses incurred as a result of the actions or inactions of
				the disbursing organization;
2. Require
				the disbursing organization to be responsible for the errors and omissions of its
				employees or agents, particularly where those errors and omissions prevent timely
				disbursements on behalf of the local unit from being made, including penalties,
				fines, interest, and damages; and
3. In
				those cases where the disbursing organization takes possession of local unit funds,
				require adequate insurance to cover such losses as may arise as a result of errors,
				omissions, failure to perform or dishonesty in amounts at least equal to the highest
				level of exposure to the local unit for 30 days. Such exposure as regards cash shall
				be based on at least the amount of money accessible by the disbursing organization
				during said 30-day period and shall not include moneys that the disbursing
				organization cannot divert to its own benefit.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 18 - MUNICIPAL AND COUNTY CHARITABLE FUNDS › Section 5:30-18.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this subchapter, shall
				  have the following meanings, unless the context clearly indicates otherwise.
"Administrative costs" means costs attributable to operating a
				  municipal or county charitable fund.
"Annual property tax credit cap" means the annual credit-eligible
				  donation cap establishing the maximum total dollar amount of donations in a
				  particular charitable fund that may be credited against an annual property tax
				  bill.
"Charitable fund" means a fund established pursuant to NJ.S.A.
				  54:4-66.7 for one or more specific public purposes.
"Custodian of public funds" means the chief financial officer of a
				  municipality or county or the person designated as the custodian of public funds for
				  a school district.
"Delinquent property" means a property that has delinquent
				  property taxes and/or municipal charges billed by the municipality. This term
				  includes a property that has had delinquent taxes and/or municipal charges purchased
				  by a lien holder at a tax sale.
"Director" means the Director of the Division of Local Government
				  Services in the Department of Community Affairs.
"Individual credit-eligible donation cap" means the maximum dollar
				  amount or percentage of a property tax bill that may be credited against the
				  municipal, county, or school property taxes of an individual property owner.
"Local unit" means a municipality, county, or school
				  district.
"Maximum cumulative credit-eligible donation cap" means the local
				  unit budget multiplied by 85 percent, unless the Director approves a different
				  percentage upon application by a local unit.
"Spillover fund" means a fund that holds donations for application
				  against future annual property tax bills.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 18 - MUNICIPAL AND COUNTY CHARITABLE FUNDS › Section 5:30-18.2 - Creation of a charitable fund; specified public purposes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A municipality may establish one or more
				charitable funds by ordinance; a county may establish one or more charitable funds
				by resolution or ordinance, as appropriate. Multiple charitable funds may be
				authorized by a single ordinance. The resolution or ordinance shall set forth:
1. The name of the charitable fund;
2. The specific purpose or purposes of the fund;
				and
3. The initial annual property tax
				credit cap and the individual credit-eligible cap, which may be amended by
				resolution or ordinance, as appropriate.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 18 - MUNICIPAL AND COUNTY CHARITABLE FUNDS › Section 5:30-18.3 - Annual cap on property tax credits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to
				the beginning of each budget year, the governing body of a municipality or county
				that has established a charitable trust fund shall establish an annual property tax
				credit cap for each charitable fund; except that for 2018, the governing body may
				establish an annual property tax credit cap no later than the date on which each
				charitable fund begins to accept donations. Starting in 2019, county budgets and
				municipalities with calendar year budgets may amend a charitable fund's annual
				property tax credit cap upon certification of the current-year budget tax
				levy.
(b) The maximum cumulative
				credit-eligible donation cap for the subsequent budget year for all local unit
				charitable funds shall not exceed 85 percent of the tax levy. The maximum cumulative
				credit-eligible donation cap for the 2018 budget year shall not exceed 85 percent of
				the total tax levy in the 2018 budget year. When calculating the annual property tax
				credit cap, the percentage of the appropriation attributable to the tax levy shall
				not exceed 85 percent, unless the Director approves the use of a greater percentage.
The annual property tax credit cap shall be calculated as
				  follows:
Step one: tax levy /local unit budget = percentage of
				  appropriation attributable to tax levy.
Step two: (appropriation(s) for specific purpose(s) of charitable
				  fund) x (percentage of appropriation attributable to tax levy) = cap on
				  credit-eligible donations to charitable fund.
Step three: (cap on credit-eligible donations to charitable fund)
				  x 90% = annual property tax credit cap for charitable fund.
A municipality, county, or school district may apply to the
				  Director to change from 85 percent, the percentage by which the total tax levy is
				  multiplied, or from 90 percent, the percentage by which the cap on credit-eligible
				  donations to the charitable fund is multiplied.
(c) The property tax credit cap shall not be
				construed to limit all donations to the charitable fund; rather the caps under (b)
				above shall only limit the amount of donations that are credit-eligible in relation
				to property tax payments.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 18 - MUNICIPAL AND COUNTY CHARITABLE FUNDS › Section 5:30-18.4 - Cap on individual donation to charitable fund creditable toward property taxes

Current through Register Vol. 56, No. 14, July 15, 2024
The governing body of a municipality or county shall establish an
				  individual credit-eligible donation cap for each charitable fund, which shall set
				  the maximum dollar amount or percentage that an individual or entity may be credited
				  toward property taxes in a given year. The individual credit-eligible donation cap
				  shall not be construed to limit all donations to the charitable fund; rather the cap
				  shall only limit the amount of total donations creditable toward property tax
				  obligations.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 18 - MUNICIPAL AND COUNTY CHARITABLE FUNDS › Section 5:30-18.5 - Percentage of donation that may be credited toward property taxes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Ninety percent of an
				individual charitable contribution is creditable toward a donor's property tax
				obligation; however, the local unit shall permit donors the alternate option of
				having their individual charitable contributions creditable towards 15 percent of
				the donor's property tax obligation. If this calculation results in a repeating
				decimal number, the creditable portion shall be rounded up to the nearest cent. The
				Director may promulgate another alternate percentage through a Local Finance
				Notice.
(b) A municipal or county
				charitable fund shall utilize the remaining non-creditable balance of the donation,
				and all other donations not transferred to a spillover fund, for the specific
				purpose (s) of the charitable fund and for the cost of administering the fund. The
				non-creditable portion utilized for a charitable fund's specific purpose shall be
				either: recorded as a special item of revenue pursuant to
				N.J.S.A.
				40A:4-87 and transferred into the general fund
				dedicated to the charitable fund's specific purpose(s) or brought into the following
				year's budget as revenue for the specific purpose, which shall be spent on the
				specific purpose in that budget year and not permitted to lapse into surplus. The
				non-creditable portion utilized for a charitable fund's administrative costs shall
				be recorded as Municipal Revenue Not Anticipated (MRNA), except that in subsequent
				years, historical use can be relied upon to record such revenue as miscellaneous
				revenue.
(c) The municipality may charge
				a county or school district an administrative fee to defray administrative expenses
				attributable to the tax collector's office and municipal finance officer's office as
				a result of applying property tax credits associated with the county or school
				district's charitable fund or funds. This administrative fee shall be set by
				ordinance and shall not be greater than two percent of the donation creditable to an
				annual property tax bill or quarterly installment thereof, as applicable. The county
				or school district shall pay any administrative fee charged to it by a municipality
				from the non-creditable portion of the donation.