reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 2 - ENROLLMENT › Section 17:4-2.7 - Enrollment following deferred retirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For a member
				who has enrolled in the retirement system prior to May 21, 2010, the membership
				account under which a member elected deferred retirement who resumes regular
				service prior to age 55 shall be continued provided the member returns to
				service within the two-year period stipulated by
				43:16A-3(3), or
				the longer period provided by
				43:16A-3(5).
(b) Should a member who has enrolled in the
				retirement system prior to May 21, 2010, who elected a deferred retirement,
				resume regular service prior to age 55 after the period for continued
				membership stipulated by
				43:16A-3(3)  or
				43:16A-3(5)  has
				expired, then such member shall be enrolled in the retirement system under a
				new membership account and shall be subject to such benefits and requirements
				as shall apply to new members of the retirement system as of the date of such
				new enrollment, except that such member shall not be required to again satisfy
				the age requirements for enrollment in the System.
(c) In the event that (b) above applies, the
				member may elect to transfer all service credit associated with the previously
				vested membership to the new membership account and such service credit will be
				subject to the benefits and requirements as shall apply to new members of the
				retirement system as of the date of such new enrollment. Should the member
				elect not to transfer the service credit associated with the vested membership
				to the new membership account, no benefits shall be payable from the previous
				application for deferred retirement until such time as the member has
				terminated all PFRS eligible employment.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 3 - INSURANCE AND DEATH BENEFITS › Section 17:4-3.1 - Computation of insurance benefits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Full salary
				credit will be given for the month or biweekly pay period in which a member
				dies, if the member was paid salary to date of death and the salary paid was
				sufficient to permit a full normal month's or biweekly pension
				deduction.
(b) Death benefits and
				noncontributory insurance benefits shall be based on the base salary upon which
				contributions to the Annuity Savings Fund were actually made during the 12
				months or 26 biweekly pay periods immediately preceding the member's death.
				Months or pay periods in which no salary was paid shall not be used in the
				calculation.
(c) If a member dies
				during the first year following the date of enrollment, the insurance benefit
				shall be 3 1/2 times the member's base salary on which the member contributed
				or would have contributed immediately prior to death.
(d) Where a post-audit of insurance claim
				payments indicates the pension contributions reported by an employer were
				incorrect and resulted in the underpayment of an insurance claim to a member's
				designated beneficiary or estate, an additional check would be sent to the
				beneficiary for the value of the underpayment.
(e) If a deceased member does not have an
				eligible surviving spouse, child or parent, then refunds of a deceased member's
				pension contributions will be made to the member's designated
				beneficiary.
(f) In computing the
				salary upon which pension contributions were based during a member's last year
				of service, in the case of a 12-month State employee reported on a biweekly
				basis, a total of 26 biweekly pays will be used, including any retroactive
				salary payments made within the prescribed period. The total salary will be
				adjusted by multiplying the total by the factors supplied by the actuary; such
				adjustment will compensate for State biweekly payroll schedules.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 3 - INSURANCE AND DEATH BENEFITS › Section 17:4-3.2 - Leave for illness

Current through Register Vol. 56, No. 14, July 15, 2024
Coverage during a leave of absence without pay due to
				  illness shall apply only to the personal illness of the member. A leave of
				  absence on account of another person's illness will not entitle the member to
				  continued insurance coverage.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 3 - INSURANCE AND DEATH BENEFITS › Section 17:4-3.4 - Survivor benefits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Eligible
				survivors shall become entitled to benefits on the first day of the month
				following the member's death. The pension payment shall begin on the first of
				the month following the survivor's eligibility for benefits date. Survivor
				benefits shall terminate as of the last day of the month in which the survivor
				no longer qualifies for such benefits.
(b) In the instance of an active member who
				dies in the performance of duty (accidental death), eligible survivors shall be
				entitled to benefits on the first day of the month following the member's
				death. The pension payment shall begin on the first of the month following the
				survivor's eligibility for benefits date. Survivor benefits shall terminate as
				of the last day of the month in which the survivor no longer qualifies for such
				benefits.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 3 - INSURANCE AND DEATH BENEFITS › Section 17:4-3.5 - Beneficiary designation; pension contributions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Only a primary
				and a contingent designation of beneficiary may be made by the member for the
				payment of the active member's accumulated pension contributions.
(b) A retiree cannot designate a primary or a
				contingent beneficiary for the receipt of the retiree's accumulated pension
				contributions in the event of the retiree's death.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 3 - INSURANCE AND DEATH BENEFITS › Section 17:4-3.6 - Acceptable designations of beneficiaries

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A member's
				designation of beneficiary or beneficiaries of group life insurance on a duly
				executed retirement application:
1. Is
				effective upon filing with and acceptance by the Division, even if the
				retirement date on the application is in the future or the member withdraws the
				retirement application; and
2.
				Supersedes any previous beneficiary designation on file.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 3 - INSURANCE AND DEATH BENEFITS › Section 17:4-3.7 - Survivor benefits; establishing dependency

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Proof
				of dependency shall be established by the filing of an affidavit of dependency,
				supported by the deceased and the claimant's income tax returns, for the period
				immediately preceding the death or accident.
(b) A parent will be deemed to be dependent
				on the member if they were accepted as dependents of the member for Federal
				income tax purposes.
(c) For
				purposes of determining eligibility for survivor's benefits under
				N.J.S.A.
				43:16A-12.1 and
				43:16A-1(21),
				the child's disability must have developed before the child was emancipated by
				operation of law to be eligible for survivor's benefits.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 4 - MEMBERSHIP › Section 17:4-4.1 - Creditable compensation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				compensation of a member subject to pension contributions and creditable for
				retirement and death benefits in the system shall be limited to base salary,
				and shall not include extra compensation.
1.
				"Base salary" means the annual compensation of a member, in accordance with
				established salary policies of the member's employer for all employees in the
				same position, or all employees covered by the same collective bargaining
				agreement, which is paid in regular, periodic installments in accordance with
				the payroll cycle of the employer.
2. "Extra compensation" means individual
				salary adjustments which are granted primarily in anticipation of a member's
				retirement or as additional remuneration for performing temporary duties beyond
				the regular workday. Forms of compensation that have been identified as extra
				compensation include, but are not limited to:
i. Overtime;
ii. Pay for extra work, duty or service
				beyond the normal work day or normal duty assignments;
iii. Bonuses;
iv. Lump-sum payments for longevity, holiday
				pay, vacation, compensatory time, accumulated sick leave, or any other
				purpose;
v. Any compensation which
				the employee or employer has the option of including in base salary;
vi. Sell-backs, trade-ins, waivers, or
				voluntary returns of accumulated sick leave, holiday pay, vacation, overtime,
				compensatory time, or any other payment or benefit in return for an increase in
				base salary;
vii. Individual
				retroactive salary adjustments where no sufficient justification is provided
				that the adjustment was granted primarily for a reason other than
				retirement;
viii. Individual
				adjustments to place a member at the maximum of his or her salary range in the
				final year of service where no sufficient justification is provided that the
				adjustment was granted primarily for a reason other than retirement;
ix. Increments or adjustments granted for
				retirement credit;
x. Increments or
				adjustments in recognition of the member's forthcoming retirement;
xi. Any form of compensation which is not
				included in the base salary of all employees in the same position or covered by
				the same collective bargaining agreement or employment policy who are members
				of the retirement system and who receive the compensation;
xii. Retroactive increments or adjustments
				made at or near the end of a member's service, unless the adjustment was the
				result of an across-the-board adjustment for all similarly situated personnel;
				and
xiii. Any form of compensation
				which is not included in a member's base salary during some of the member's
				service and is included in the member's base salary upon attainment of a
				specified number of years of service.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 4 - MEMBERSHIP › Section 17:4-4.2 - Prior service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any period of
				prior service credit paid for by an employer at the adoption of the system will
				reflect identical credit when calculating membership credit.
(b) Prior service credits are limited to
				service rendered on a full-time basis.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 4 - MEMBERSHIP › Section 17:4-4.3 - Continuance of membership; transfer

Current through Register Vol. 56, No. 14, July 15, 2024
Once an employee establishes membership in the Retirement
				  System, the member is eligible to continue such membership should the member be
				  temporarily employed in a position covered by the Retirement System.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 4 - MEMBERSHIP › Section 17:4-4.4 - Loan tolerance

Current through Register Vol. 56, No. 14, July 15, 2024
Interest will be calculated on a periodic basis on the
				  unpaid loan balance. If scheduled payments are not paid timely, interest will
				  be accrued and added to the remaining outstanding loan balance. If, at the end
				  of the loan schedule, there is a balance of less than $ 50.00, it will be
				  written off. If the balance is equal to or greater than $ 50.00, the member
				  will be assessed.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 4 - MEMBERSHIP › Section 17:4-4.5 - Deductions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A full
				deduction shall be taken for the PFRS in any payroll period in which the member
				is paid a sufficient amount to make a full normal deduction. If wages are
				sufficient, deductions should also be made for any arrears or loan deductions
				then in effect.
(b) No deductions
				shall be taken in any pay period in which the employee's salary is not
				sufficient to cover the required deductions for the PFRS.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 4 - MEMBERSHIP › Section 17:4-4.6 - Minimum adjustment

Current through Register Vol. 56, No. 14, July 15, 2024
In order to facilitate the reconciliation of a member's
				  account upon death, no refunds or additional contributions shall be made to a
				  member's loan and arrearages balances, if such adjustments involve an amount of
				  $ 50.00 or less. Unresolved differences of $ 50.00 or less will be written
				  off.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 4 - MEMBERSHIP › Section 17:4-4.7 - Suspension

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A member
				suspended without pay will have insurance coverage continued for a period of 93
				days following the effective date of such suspension.
(b) No deductions will be made during such a
				break in service, nor will any service credit accrue.
(c) If during the period of suspension or at
				the conclusion of the penalty period adjustment is made in favor of the member,
				the Board may allow the payment of pension deductions to reflect the lesser
				penalty or the elimination of the entire suspension.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 4 - MEMBERSHIP › Section 17:4-4.8 - Maximum compensation limit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Employees who
				are enrolled on or after May 21, 2010 are subject to a maximum compensation
				limit for pension contributions. The maximum compensation limit is based on the
				annual maximum wage contribution base for Social Security, which is subject to
				change each calendar year. Compensation above the maximum will be subject to
				Defined Contribution Retirement Program (DCRP) rules.
(b) Members enrolled in the PFRS, who also
				participate in the DCRP pursuant to (a) above will receive service credit in
				their corresponding PFRS account, and will be eligible to retire under the
				rules of the PFRS. The salaries used in the calculation of the retirement
				benefits are limited to the maximum compensation amounts in effect when the
				salary is earned.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 4 - MEMBERSHIP › Section 17:4-4.9 - Loans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Only active
				contributing members of the system may exercise the privilege of obtaining a
				loan. The member's total outstanding loan balance shall not exceed the lesser
				of 50 percent of the accumulated deductions posted to the member's account or $
				50,000. The loan is subject to I.R.C. § 72(p) of the Internal Revenue
				Code.
(b) The rate of interest per
				annum for loans from the State-administered retirement systems shall be a
				commercially reasonable rate as required by the Internal Revenue Code to be
				determined by the State Treasurer on January 1 of each calendar year. An
				administrative fee in an amount set by the State Treasurer for each calendar
				year may be charged for any loan requested pursuant to
				43:16A-16.1.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 4 - MEMBERSHIP › Section 17:4-4.10 - Termination; withdrawal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Under the terms
				of the statutes, a member may withdraw from the System only if the member
				terminates all employment.
(b) No
				application shall be approved if:
1. The
				member is on official leave of absence;
2. The member or employer certifies that
				employment has not ended or that the member has taken another position subject
				to coverage;
3. The member has been
				dismissed or suspended from employment. In this event, such a member will be
				eligible to withdraw if the member has formally resigned from the position and
				there is no legal action contemplated or pending and the dismissal has been
				adjudged final. If the member or employer does not advise the Division that
				there is an appeal and the withdrawal application is processed, the member must
				repay the Retirement System the full amount of contributions with interest
				before the account may be reinstated; or
4. The member has a claim pending for
				Workers' Compensation benefits, unless the member signs a waiver indicating
				that the member still wishes to withdraw.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 4 - MEMBERSHIP › Section 17:4-4.11 - Active employment; membership requirement

Current through Register Vol. 56, No. 14, July 15, 2024
All employees, otherwise eligible, who are not actively
				  employed on the date of their enrollment, will not be covered by the group life
				  insurance program until the day they return to service.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 5 - PURCHASES AND ELIGIBLE SERVICE › Section 17:4-5.1 - Eligibility for purchase

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Only active
				members of the System shall be eligible to make application for the purchase of
				credit. Active members who are not currently contributing to the Retirement
				System must purchase their requested service in a lump sum.
(b) In order to be eligible to purchase
				service, a member must submit a request to purchase such service and such
				purchase must be authorized by the member before the expiration date indicated
				on the purchase cost quotation letter, which quotes the terms of the purchase.
				If the purchase cost quotation expires prior to authorization and subsequently
				the member requests the purchase of such service, the purchase cost will be
				subject to recalculation based upon all cost factors in effect at the time of
				the new purchase request.
(c) Upon
				denial of a purchase, the member may subsequently resolve the basis of the
				denial and request the Division to resubmit the purchase request. The purchase
				cost will be subject to the calculation based on all cost factors in effect at
				the time of the resubmitted purchase request.
(d) The receipt of a public pension or
				retirement benefit is expressly conditioned upon the rendering of honorable
				service by a public officer or employee. Therefore, the Board shall disallow
				the purchase of all or a portion of former service it deems to be dishonorable
				in accordance with N.J.S.A. 43:1-3c.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 5 - PURCHASES AND ELIGIBLE SERVICE › Section 17:4-5.2 - Service credited from multiple positions

Current through Register Vol. 56, No. 14, July 15, 2024
Not more than one year of service shall be credited for all
				  service in a calendar year. A member is credited with one month of service for
				  one month worked, regardless of how many different employers he or she had in
				  that month.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 5 - PURCHASES AND ELIGIBLE SERVICE › Section 17:4-5.3 - Optional purchases of eligible service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A shared-cost
				purchase is one in which the member pays only the employee's share and not the
				employer's share of the purchase. A member may purchase all or a portion of
				such eligible service. A share-cost purchase will be calculated on the basis or
				the actuarial purchase factor established for the member's age at the time of
				the purchase request times the higher of either the member's current annual
				base salary or highest fiscal year base salary. The following types of
				purchases are shared-cost purchases:
1.
				Former membership credit with a New Jersey State-administered retirement system
				and any service which would have been eligible for purchase under that
				membership;
2. Former service with
				any other employer that was not certified for membership but which would have
				qualified on an optional or compulsory basis at the time the service was
				rendered;
3. Temporary Service:
i. "Special Police Officer" service cannot be
				purchased; and
ii. Police academy
				or firefighting training cannot be purchased unless the training was rendered
				while serving and receiving compensation in an eligible New Jersey police or
				firefighting position;
4. Leaves of absence without pay when:
i. The period of the leave is for personal
				reasons, which does not exceed 93 days. Childcare is considered leave for
				personal reasons; and
ii. The
				period of the leave is up to two years for personal illness. The Division may
				require proof from the employer that the illness existed for the length of the
				leave; and
5. Eligible
				out-of-State public employment, up to a total purchase of 10 years.
				Out-of-State service cannot be used to qualify for an ordinary disability
				retirement.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 5 - PURCHASES AND ELIGIBLE SERVICE › Section 17:4-5.4 - Methods of payment for purchase of service credit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Methods of
				payment include:
1. Lump sum;
2. Partial lump sum; balance by additional
				payroll deductions; or
3.
				Additional payroll deductions equal to at least one-half of the full regular
				pension deduction for a maximum period of 10 years.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 5 - PURCHASES AND ELIGIBLE SERVICE › Section 17:4-5.5 - Reinstatement of membership credit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A member, whose
				account has been terminated by the withdrawal of contributions from the Annuity
				Savings Fund or whose account has been terminated because of a two-year lapse
				in contribution, may be reinstated to the System under the provisions of P.L.
				1967, c. 199 (11A:4-9 ), P.L. 1969, c. 303
				(40:47-11.1 and 11.2) or P.L. 1981,
				c. 439 (11A:4-9 ), provided that the
				member meets the requirements of the System other than the age maximum.
1. A member reinstated under P.L. 1969, c.
				303 (40:47-11.1 and 11.2), shall
				purchase the previous credit the member had established in the PFRS at
				enrollment. The cost of purchasing the previous credit will be determined using
				the formula for calculating shared-cost purchases found at
				17:4-5.3(a).
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 5 - PURCHASES AND ELIGIBLE SERVICE › Section 17:4-5.6 - Elected officials

Current through Register Vol. 56, No. 14, July 15, 2024
Any member accepting an elective position may continue PFRS
				  membership and contribute on the salary being received as an elected official,
				  as long as the member holds elective office and remains a member of the
				  retirement system.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:4-6.2 - Effective date

Current through Register Vol. 56, No. 14, July 15, 2024
A member's retirement allowance shall not become due and
				  payable until 30 days after the date the Board approved the application for
				  retirement or one month after the date of the retirement, whichever is
				  later.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:4-6.3 - Effective dates; changes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				provided by
				17:4-6.7, a member shall have the
				right to withdraw, cancel or change an application for retirement at any time
				before the member's retirement allowance becomes due and payable by sending a
				written request signed by the member. Thereafter, the retirement shall stand as
				approved by the Board.
(b) If a
				member requests a change in the retirement application before the retirement
				allowance becomes due and payable, said change will require approval of the
				Board and the revised retirement allowance shall not become due and payable
				until one month has elapsed following the effective date or 30 days after the
				date the Board met and approved the change in the member's retirement
				application, whichever is later.
(c) A deferred retirement shall become
				effective on the first of the month following the member's 55th birthday. If
				the member's 55th birthday falls on the first of a month, the retirement shall
				become effective on that date, provided the member files a timely retirement
				application pursuant to
				43:16A-11.2 and requests that
				retirement date.
(d) Should the
				member continue to receive a salary beyond the effective date of retirement
				after approval of the retirement by the Board, no retirement benefits shall be
				paid for the period where the member received salary and no salary or service
				credit shall be provided for the service rendered after the approved, effective
				date of retirement. This restriction also applies to payments of accrued sick
				or vacation time that is paid in periodic payments on the employer's regular
				payroll schedule.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:4-6.4 - Outstanding loan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A member who
				has an outstanding loan balance at the time of retirement may repay the loan
				balance, with accrued interest, as follows:
1. In full before the retirement allowance
				becomes due and payable as provided in
				17:4-6.2; or
2. By deductions from retirement benefit
				payments of the same monthly amount deducted from the member's compensation
				immediately preceding retirement until the loan balance, with accrued interest,
				is repaid as authorized by
				P.L.
				1999, c. 132
				(43:16A-16.2 ). If the member does
				not request repayment in full, repayment is by deductions in the same monthly
				amount deducted from the member's compensation immediately preceding
				retirement.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:4-6.5 - Willful negligence

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Willful
				negligence is defined as follows:
1.
				Deliberate act or deliberate failure to act; or
2. Such conduct as evidences reckless
				indifference to safety; or
3.
				Intoxication, operating as the proximate cause of injury.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:4-6.7 - Disability determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A member for
				whom an application for accidental disability retirement allowance has been
				filed by the member, by the member's employer or by one acting in behalf of the
				member, will be retired on an ordinary disability retirement allowance if the
				Board finds that:
1. The applicant was
				considered a member in service at the time of filing the application for a
				disability retirement allowance. A "member in service" means that the member or
				the employer was making pension contributions to the retirement system at the
				time of filing the application for a disability retirement allowance. It may
				also mean that the member was on an approved leave of absence, paid or unpaid,
				or suspension, paid or unpaid, at the time of filing the application for a
				disability retirement allowance, and it has not been more than the time frames
				permitted by
				43:16A-9(5)  a
				for active membership since the member's last contribution to the retirement
				system. If the member had pending litigation for wrongful termination filed
				against the employer, the member has 30 days from the date the litigation is
				resolved to file for disability retirement in order to be considered a "member
				in service";
2. The member is
				physically or mentally incapacitated for the performance of duty;
3. The member is not eligible for accidental
				disability since the incapacity is not a direct result of a traumatic event
				occurring during and as a result of the performance of the member's regular or
				assigned duties; and
4. The member
				meets the service requirement for ordinary disability.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:4-6.8 - Employment after retirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A member, who
				is pending retirement or whose retirement has become effective pursuant to
				17:4-6.2, is required to re-enroll
				in the Police and Firemen's Retirement System pursuant to
				43:16A-15.3, regardless of whether
				the member is over age 35, if:
1. The member
				returns to the employment in a PFRS covered position;
2. The member continues in the same, or
				substantially the same, position held prior to retirement with no lapse in
				service after the retirement date. In this case, the member would not be
				considered to have a bona fide retirement and would not be entitled to any
				retirement benefits. The member would be reinstated to the former PFRS
				membership; or
3. The member
				returns to employment in a position which is the same, or substantially
				similar, to the position held by the member prior to retirement, and:
i. The position became a PFRS position for
				that member prior to retirement due to the provisions of
				43:16A-1(2)(a) or
				(b) or
				43:16A-3.1, which permit a member
				of the PFRS to continue membership if serving in an appointive administrative
				or supervisory capacity over police or firefighters, and the member returned to
				employment with the same employer;
ii. The position became a PFRS position at
				the option of the member prior to retirement pursuant to
				43:16A-3.5 or other statutory
				authority; or
iii. The position
				remained a PFRS position under the provisions of
				43:16A-1.2 for those serving in
				the position at the time of the P.L. 1989, c.204 review.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:4-6.9 - Final compensation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to
				determine the final compensation for benefits on a:
1. Member reported on a monthly basis, use
				the base salary upon which pension contributions were made to the Annuity
				Savings Fund for the member's last 12 months of service.
2. Member reported on a biweekly basis, use
				the base salary upon which pension contributions were made to the Annuity
				Savings Fund for the member's last 26 pay periods of service multiplied by the
				factor supplied by the actuary to compensate for biweekly payroll
				schedules.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:4-6.10 - Employer initiated disability retirement application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an
				application for an accidental disability retirement benefit or for an ordinary
				disability retirement benefit is filed by an employer for an employee, the
				member will be promptly notified by letter that:
1. The member's employer has properly
				initiated a disability application signed by the Certifying Officer or other
				designated officer of the employer, on the member's behalf;
2. The member's employer has submitted a
				written statement as to the grounds for the employer's request for the member's
				involuntary disability retirement and all available medical documentation; and,
				if appropriate;
3. The member's
				employer has certified that the member should be retired as a direct result of
				a traumatic event occurring during and as a result of the performance of the
				member's regular or assigned duties;
4. The member has a period of 30 days to
				contest the involuntary retirement before the Board acts on the employer's
				application;
5. The member will be
				required to appear for an examination before a physician designated to conduct
				such an examination for the retirement system; and
6. In the event the Board finds that the
				member is totally and permanently incapacitated for the performance of duty,
				the member shall be granted a retirement allowance; and
7. In the event the Board finds that the
				member is not totally and permanently incapacitated for the performance of
				duty, the employer's application shall be disallowed and the employer shall be
				informed that the member should be returned to duty.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:4-6.11 - Service or special retirement; eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A member
				becomes eligible for "service" retirement:
1.
				On the first of the month following the member's 55th birthday. If the member's
				55th birthday falls on the first of a month, the retirement shall become
				effective on that date, provided the member files a timely retirement
				application pursuant to
				43:16A-5, and requests that date;
				or
2. On the first of the month
				following the attainment of 20 years of service credit in the Retirement
				System, if the member was enrolled in the Retirement System as of January 18,
				2000.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:4-6.12 - Disability retirant; annual medical examinations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All disability
				retirants may be required to undergo a medical examination each year for at
				least five years or for good cause thereafter by a physician designated by the
				System as of the anniversary date of their retirement, unless such examination
				requirement has been waived by the Board. Good cause means the receipt by the
				Board of creditable information that a member who is receiving a disability
				allowance is no longer disabled.
(b) Failure on the part of a retirant to
				submit to the required medical examination shall result in the automatic
				suspension of the retirant's retirement allowance until the retirant submits to
				a medical examination.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:4-6.13 - Medical examinations; physicians

Current through Register Vol. 56, No. 14, July 15, 2024
43:16A-13(11) 
				  requires the Retirement System or the Board to designate physicians to perform
				  medical examinations. A designated physician shall not be a member's personal
				  physician, except in the case of a member whose personal physician has
				  identified the member as having a probable abbreviated life expectancy if
				  sufficient corroborating medical evidence of the diagnosis can be
				  obtained.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:4-6.14 - Compulsory retirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Compulsory
				retirement at age 65 is applicable to all members.
(b) The retirement will be effective on the
				first day of the month following the 65th birthdate.
(c) A full deduction for the month of
				attaining the compulsory retirement age will be made if the member's partial
				salary covers the regular monthly deduction.
(d) Any deduction taken after the compulsory
				month of retirement will be refunded and no further pension credits
				recognized.
(e) The Division shall
				send written notice to the member and the member's employer between 120 and 180
				days in advance of the date on which the member shall be required to
				retire.
(f) A member shall be
				retired automatically by the Board as of the member's compulsory retirement
				date following the member's 65th birthday.
(g) Should a member fail to file an
				"Application for Retirement Allowance" before the member's compulsory
				retirement date, no retirement checks will be disbursed until the member files
				the required application.
(h) When
				such a member files an application with the Division, the member shall be
				eligible to receive retirement benefits for the months that have elapsed since
				the compulsory retirement date, provided satisfactory evidence is received to
				show that the member terminated employment as of the compulsory retirement
				date.
(i) No retirement benefits
				shall be paid for any period the member continued in service beyond the
				compulsory retirement date, nor shall the member receive any credit for
				retirement purposes for salary received or for service rendered beyond the
				compulsory retirement date.
(j) Any
				member in service who attains 65 years of age shall be retired on a service
				retirement allowance on the first day of the next calendar month, except that a
				member hired prior to January 1, 1987 may remain a member of the System until
				the member attains age 68 years or 25 years of creditable service, whichever
				comes first pursuant to
				43:16A-5.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:4-6.15 - Employer and employee notices

Current through Register Vol. 56, No. 14, July 15, 2024
If an applicant for accidental disability retirement is
				  found to be physically or mentally incapacitated for the performance of duty
				  but is rejected for accidental disability retirement because the Board finds
				  that the disability was not a direct result of a traumatic event occurring
				  during and as a result of the performance of the applicant's regular or
				  assigned duties, and if the applicant does not meet the minimum statutory
				  requirements for any other type of retirement allowance, the Division will
				  notify both the member and the member's employer that the member was found to
				  be physically or mentally incapacitated for the continued performance of duty,
				  as was previously certified to the Division.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:4-6.16 - Final compensation; salary computation for employees reported on a biweekly basis

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In computing
				final compensation upon which pension contributions were based in the case of a
				12-month employee reported on a biweekly basis, a total of 26 biweekly pays
				will be used, including any retroactive salary payments attributable to the
				covered period.
(b) In computing
				(a) above, the total salary will be adjusted by the factors supplied by the
				actuary to convert biweekly salaries to compensate for biweekly payroll
				schedules. Application of the factors to the salaries reported for pension
				purposes will develop "final compensation."
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:4-6.18 - Waiver

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If for any
				reason a retirement allowance or portion thereof has been waived by a retired
				member or beneficiary, the benefit waived shall remain in the retirement
				reserve fund.
(b) Retired members
				or beneficiaries may cancel the waiver effective as of the first day of any
				month subsequent to the receipt of the notice of cancellation; however, they
				may not make a claim for retroactive payment of any benefits waived prior
				thereto.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:4-6.19 - Retiree reemployment; compliance with Internal Revenue Code

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Definitions. As
				used in this section, the following words and terms shall have the following
				meanings:
1. "Defined benefit plans" means
				the following: The Police and Firemen's Retirement System of New
				Jersey.
2. "Bona fide severance
				from employment" means a complete termination of the employee's employment
				relationship with the employer for a period of at least 90 days after
				retirement. The following does not constitute a complete termination of the
				employee's relationship with the employer:
i.
				Employment or reemployment in a part-time position;
ii. Employment or reemployment in a position
				that is not covered by the defined benefit plan;
iii. A change in title;
iv. Employment or reemployment as a contract
				employee, a leased employee, or an independent contractor; or
v. Termination of employment with a
				pre-arranged agreement for reemployment.
Federal Internal Revenue Service factors shall be used as
				  guidance in determining whether an employment relationship exists. A mandatory
				  retirement shall be treated as a bona fide severance from employment.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 7 - TRANSFERS › Section 17:4-7.1 - Interfund transfers/State-administered retirement systems

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The receipt of
				a public pension or retirement benefit is expressly conditioned upon the
				rendering of honorable service by a public officer or employee. Therefore, the
				Board of Trustees of the new State-administered retirement system shall
				disallow the transfer of all or a portion of prior service of any member of the
				former State-administered retirement system for misconduct occurring during the
				member's prior public service which renders that prior service, or part
				thereof, dishonorable.
(b) A member
				is eligible to transfer the former membership in a State-administered
				retirement system into the retirement system that covers the new eligible
				employment, if the member has first ended employment with the former employer,
				and has not taken another position subject to coverage in the
				State-administered retirement system of the former account which would have the
				same effective date as the membership in the new State-administered retirement
				system.
(c) The system will
				transfer membership to any State-administered retirement system as follows:
1. A member, desiring to transfer service
				credit and contributions from one State-administered retirement system to
				another, shall file an "Application of Interfund Transfer" and an "Enrollment
				Application" in place of the customary "Application for Withdrawal." This
				application will void all possible claims against the former system when
				approved and the new membership is commenced in the new system.
2. The member's accumulated contributions,
				less any outstanding loan, shall be transferred to the new system for the
				account of the respective member. Any outstanding loan, back deductions or
				arrears obligation will be scheduled for repayment.
3. A statement reflecting the member's status
				as of the date of transfer shall be prepared by the Withdrawal Section of the
				Division and a copy forwarded to the former account.
4. The member's service credits established
				in the former system shall be transferred to the new system.
5. The member is not eligible to transfer
				service credit if any of the following conditions apply:
i. The member has withdrawn the previous
				membership;
ii. The member has
				credit in the former system for service earned after the date of enrollment in
				the new system (concurrent service); or
iii. The account has expired; that is, it has
				been more than two years from the date of the last contribution and there was
				not sufficient service credit to be eligible for deferred retirement.
6. A data sheet shall be created
				for the member's new account that will indicate an interfund transfer from the
				member's former retirement system and the service credit transferred into the
				new membership account.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM › Subchapter 7 - TRANSFERS › Section 17:4-7.2 - Intrafund transfers; State-administered retirement systems

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Members who
				leave one public employer and take a position with another public employer
				covered by the same retirement system are immediately eligible to transfer
				their membership to their new employers, as long as the following conditions
				are met:
1. The member has not withdrawn his
				or her contributions;
2. The
				account has not expired; that is, it has not been more than two years between
				the date of the last contribution received from the old employer and the
				starting date of contributions with the new employer or there was enough
				service credit to be eligible for a deferred retirement; and
3. The account has not been canceled due to
				Board of Trustees action. It is the responsibility of the employer to establish
				the employee's pension account status. For accounts that are withdrawn, expired
				or canceled, an enrollment application is needed, and the age and medical
				requirements for enrollment are again in effect;