New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 2 - ENROLLMENT › Section 17:2-2.3 - Ineligible persons

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following classes of persons are
				ineligible for membership in the System:
1.
				Motor vehicle agents and their non-State employees;
2. Licensing agents of the Fish and Game
				Division and their non-State employees;
3. Any person paid from State, county, local
				public, or Federal funds who is a member of or required to join the Federal
				Civil Service Retirement System on total salary;
4. Any employee who is provisionally
				appointed to a Civil Service position is considered as an employee with
				temporary employment status and is ineligible to establish membership until the
				employee receives a regular Civil Service appointment, or has one year of
				continuous service. This does not apply to anyone who is already enrolled as a
				member or is a retiree from the System. Breaks in service of less than 30 days
				do not negate the continuity of service;
5. Any employee who is employed on a seasonal
				basis. Seasonal employment is a category of occasional employment in which the
				employer, consistent with past practices, does not expect the seasonal position
				to lead to permanent employment, and the position is not a temporary position
				as defined under
N.J.A.C.
				17:2-2.4(d)
. To
				qualify as seasonal employment, work periods shall not extend beyond six
				consecutive months for locations that report contributions on a 12-month basis,
				or five consecutive months for locations that report contributions on a
				10-month basis, and severance of the employer/employee relationship shall occur
				during breaks in employment; and such breaks shall exceed 30 consecutive
				days;
6. Any person not in the
				career, senior executive, and unclassified service, or a regular budgeted
				position, who is employed on an on-call basis and works on average less than 10
				days a month throughout the regular work year of the employer. This type of
				employment is temporary employment that is not continuous;
7. Any retired member who returns to a PERS
				covered position or positions for which the aggregate compensation is less than
				the aggregate calendar year compensation limit for exclusion from membership
				pursuant to
N.J.S.A. 43:15A-57
.2.b.
				Retired members shall notify their employer or employers when the aggregate
				calendar year compensation limit will be reached, so that the retired members
				may be reenrolled in the PERS. If the contractual or regularly budgeted
				compensation for the position or positions exceeds the calendar year
				compensation limit, the retired member shall be reenrolled in the PERS as of
				the beginning of their employment. A retired member who is employed on an
				hourly basis shall be reenrolled in the PERS as soon as the compensation
				received exceeds the calendar year compensation limit or the member's regular
				work hours per week require reenrollment, under
N.J.S.A.
				43:15A-7
. For the purposes of this
				paragraph, a "retired member" is a former member who has terminated all
				employment covered by the PERS, who has not received compensation from
				employment covered by the PERS for at least 30 consecutive calendar days, who
				is not receiving a disability retirement benefit and whose retirement benefit
				has become due and payable as provided in
N.J.A.C.
				17:2-6.2
;
8. Any person who is employed in an
				intermittent title. The designation "intermittent" shall be used for those
				titles in the career service in which work responsibilities are characterized
				by unpredictable work schedules and which do not meet the normal criteria for
				regular year-round, full-time or part-time assignments;
9. Any temporary employee hired under the
				Workforce Investment Act of 1998. Temporary employees hired under the Workforce
				Investment Act shall be deemed to be Job Training Partnership Act (JTPA)
				employees and, therefore, ineligible for PERS membership pursuant to
N.J.S.A.
				43:15A-7
.h;
10. Any retired member, as defined in (a)7
				above, who returns to employment with an institution of higher education in a
				teaching position covered by the PERS pursuant to
				43:15A-57.2;
11. Any retired member, as defined in (a)7
				above, who becomes employed by the State Department of Education in a position
				of critical need as determined by the State Commissioner of Education, or
				becomes employed by a board of education in a position of critical need as
				determined by the superintendent of the district on a contractual basis for a
				term of not more than one year pursuant to
N.J.S.A.
				43:15A-57
.2. The retired member so
				reemployed may renew a contract for one additional year, pursuant to
N.J.S.A. 43:15A-57
.2,
				provided that the total period of employment with any individual board of
				education does not exceed a two-year period. The cancellation, reenrollment,
				and additional retirement allowance provisions and the compensation limitations
				shall apply if the retired member becomes employed within 120 days of
				retirement in a position with the employer from which the member
				retired;
12. Any official who
				commences service in a State or local elective public office on or after July
				1, 2007, except for those who established membership in the PERS prior to July
				1, 2007, based on service while continuously serving in the same elected
				office, as provided under
N.J.A.C.
				17:2-2.1(f)
;
i. Elected officials who are ineligible for
				PERS enrollment are eligible for enrollment in the DCRP, provided that all
				other eligibility requirements for DCRP membership are met; and
ii. Any non-veteran elected official whose
				election occurred prior to July 1, 2007, and who chose not to enroll in the
				PERS is eligible for membership in the DCRP, regardless of whether that
				official is elected to the same public office or a different public
				office.
13. Any official
				who is directly appointed by the Governor as of July 1, 2007, to serve at the
				Governor's pleasure during his or her term of office; also, an official whose
				gubernatorial appointment requires the advice and consent of the Senate, or who
				is appointed in a substantially similar fashion by a local entity (county,
				municipality, etc.).
i. In cases where an
				official's appointment occurred prior to July 1, 2007, PERS membership will
				continue as set forth in
N.J.A.C.
				17:2-2.1(f)
;
ii. Appointed officials who are ineligible
				for PERS enrollment may be eligible for enrollment in the DCRP, provided that
				all eligibility requirements for DCRP membership are met;
14. Any employee working under a Professional
				Services Contract as of January 1, 2008, as defined by
N.J.S.A.
				40A:11-5
,
18A:18A-5
,
18A:64A-25
.5, and
				43:15A-7.2;
15. Any independent
				contractor as set forth in regulation or policy of the Federal Internal Revenue
				Service; and
16. On-call substitute
				teachers who do not meet the eligibility requirements for PERS enrollment
				established at
N.J.A.C.
				17:2-2.1
. Such on-call substitute
				teachers are enrolled in the DCRP, provided all DCRP eligibility requirements
				are met. Long-term substitute teachers and replacement teachers who meet the
				provisions of
N.J.A.C.
				17:2-2.1
and
2.10
shall be eligible to enroll in the PERS.