New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 6 - DEFINED CONTRIBUTION RETIREMENT PROGRAM › Subchapter 4 - PARTICIPATION IN THE RETIREMENT PLAN › Section 17:6-4.1 - Eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following persons shall be eligible
				for, and shall participate in, the Defined Contribution Retirement Program,
				provided they are eligible employees of an employer on or after the date the
				Retirement Plan was established, July 1, 2007, under the provisions of N.J.S.A.
				43:15C-1:
1. A person who commences service
				on or after the effective date in an elective public office of the State or of
				a political subdivision thereof other than such a person who holds elective
				public office on the effective date and is enrolled in the Public Employees'
				Retirement System while that person continues to hold that elective office
				without a break in service. Service in the Legislature shall be considered a
				single elective public office;
2. A
				person who commences service on or after the effective date in an employment,
				office or position of the State or of a political subdivision thereof, or an
				agency, board, commission, authority or instrumentality of the State or of a
				subdivision, pursuant to an appointment by the Governor that requires the
				advice and consent of the Senate, or pursuant to an appointment by the Governor
				to serve at the pleasure of the Governor only during his or her term of office.
				This paragraph shall not be deemed to include a person otherwise eligible for
				membership in the State Police Retirement System or the Judicial Retirement
				System;
3. A person who commences
				service on or after the effective date in an employment, office or position in
				a political subdivision of the State, or an agency, board, commission,
				authority or instrumentality of a subdivision, pursuant to an appointment by an
				elected public official or elected governing body, that requires the specific
				consent or approval of the elected governing body of the political subdivision
				that is substantially similar in nature to the advice and consent of the Senate
				for appointments by the Governor of the State as that similarity is determined
				by the elected governing body and set forth in an adopted ordinance or
				resolution, pursuant to guidelines or policy that shall be established by the
				Local Finance Board in the Department of Community Affairs or the Department of
				Education, as appropriate to the elected governing body. This paragraph shall
				not be deemed to include the classes of persons excluded from participation in
				17:6-4.2.
4. A person who is granted a pension or
				retirement allowance under any pension fund or retirement system established
				under the laws of this State and elects to participate pursuant to section 1 of
				P.L. 1977, c. 171 (43:3C-3 ) upon being elected to
				public office;
5. A person who is a
				member of the Teachers' Pension and Annuity Fund, Police and Firemen's
				Retirement System, State Police Retirement System, or the Public Employees'
				Retirement System for whom compensation is defined as the amount of base or
				contractual salary equivalent to the annual maximum wage contribution base for
				old age Social Security benefits, pursuant to the Federal Insurance
				Contributions Act,
				26
				U.S.C. §§
											3101 et seq., for
				contribution and benefit purposes in either of those retirement systems, for
				whom participation in the Retirement Plan shall be with regard to any excess
				over the maximum compensation only; and
6. A person in eligible employment, office,
				or position for which the annual salary is at least $ 5,000 or remuneration is
				less, or the hours of work per week are fewer, than that which is required to
				become a member of the Teachers' Pension and Annuity Fund or the Public
				Employees' Retirement System, or to make contributions to those systems as a
				member on the basis of any such employment, office, or position, after November
				1, 2008. N.J.S.A. 43:15C-2clearly defines eligible employment to exclude: an
				employee with a base salary of less than $ 5,000 per year; an employee who is
				eligible for membership in another State-administered retirement plan; an
				employee who is receiving a benefit from a State or locally administered plan;
				and persons excluded by N.J.S.A. 43:15A-7.2(professional service
				contracts).