reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 5 - STATE POLICE RETIREMENT SYSTEM › Subchapter 3 - MEMBERSHIP › Section 17:5-3.7 - 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) (2007) 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 1st of each calendar year. An administrative fee
				in an account set by the State Treasurer for each calendar year may be charged
				for any loan requested pursuant to
				53:5A-29.
(c) All pension loans must be repaid within a
				period not to exceed five years. If the member has an outstanding loan balance
				and applies for a new loan, the entire balance must be repaid within five years
				of the date of the first loan. Furthermore, the new loan amount, when added to
				the highest balance due (without interest) during the prior 12-month period for
				all loans from all retirement plans cannot exceed $ 50,000. The $ 50,000
				maximum limit includes all retirement plans the member has an interest in due
				to his or her employment relationship with the State and/or any other
				governmental plans sponsored or administered by a public sector employer in New
				Jersey. Loan amounts above the $ 50,000 aggregate limit shall be declared a
				deemed distribution, which is subject to additional tax.
1. If a member's loan is treated as a
				distribution, the member is still required to repay the loan, unless the member
				terminates his or her account by withdrawing his or her contributions. If the
				member withdraws from the retirement system, the settlement will be the net
				amount of the member's contributions minus the outstanding loan. If the member
				returns to work and the member's account is reactivated or the member retires,
				the member must repay the full amount of the outstanding loan with additional
				interest computed from the date the member stopped making loan
				payments.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 5 - STATE POLICE RETIREMENT SYSTEM › Subchapter 3 - MEMBERSHIP › Section 17:5-3.8 - 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 Retirement System only if the
				member terminates all employment. 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;
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; or
5. The member has a pending retirement
				application, unless the member agrees to rescind such application.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 5 - STATE POLICE RETIREMENT SYSTEM › Subchapter 4 - PURCHASES AND ELIGIBLE SERVICE › Section 17:5-4.1 - 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 purchase of
				credit. Active members who are not currently contributing to the system must
				purchase their requested service in a lump sum. The purchase request must
				represent active service in a State-administered retirement system for which
				the member received a salary and was eligible for enrollment, but the
				information must be verified by the employer as to salary information, service,
				and title.
(b) In order to be
				eligible to purchase service, a member must submit a request to purchase
				service over the Internet, through a secure account established by the member
				and using the Purchase Application program of the Member Benefits Online System
				(MBOS). If eligible to purchase service credit, the member will subsequently
				receive a letter from the Division quoting the terms of the purchase. 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
				43:1-3.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 5 - STATE POLICE RETIREMENT SYSTEM › Subchapter 4 - PURCHASES AND ELIGIBLE SERVICE › Section 17:5-4.3 - Methods of repayment for purchase of service credit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Methods of
				repayment include the following:
1. Lump
				sum;
2. Partial lump sum; balance
				by additional payroll deductions;
3. Additional payroll deductions equal to at
				least one-half of the full regular pension deduction for a maximum period of 10
				years;
4. Additional payroll
				deductions will include regular interest for the term of the installment;
				and
5. Lump sum payments and
				partial lump sum payments can include the direct rollover or transfer of
				tax-deferred contributions from financial plans that qualify under terms
				specified under I.R.C. § 401(a)(31) (2007). All payments remitted to the
				Division must be accompanied by a properly completed direct rollover Transfer
				Request for the Purchase of Service Credit form. Checks remitted to the
				Division without the required forms shall be returned to the member. A lump sum
				rollover payment for a purchase cannot exceed the lump sum cost of that
				purchase. Checks in an amount greater than the lump sum cost of the purchase
				shall be returned to the member.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 5 - STATE POLICE RETIREMENT SYSTEM › Subchapter 5 - RETIREMENT › Section 17:5-5.2 - Effective date; death prior thereto

Current through Register Vol. 56, No. 14, July 15, 2024
(a) 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.
(b) A member who files an application for
				retirement and whose insurance coverage has not lapsed prior to filing the
				retirement application is covered under the insurance program as an active
				member in the event of death prior to the date the retirement allowance becomes
				due and payable.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 5 - STATE POLICE RETIREMENT SYSTEM › Subchapter 5 - RETIREMENT › Section 17:5-5.3 - Effective dates; changes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				provided by
				17:5-5.7, 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) Except
				in the event of deferred retirement, if a member requests a change of
				retirement date 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) If the applicant should die within 30
				days following the date the Board of Trustees approved the revised application,
				the member shall be considered to be retired on the basis of the originally
				approved application for retirement, provided that the initial 30-day
				requirement was satisfied.
(d) 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
				53:5A-28 and requests that
				retirement date.
(e) Should the
				member continue to receive a salary for services rendered beyond the effective
				date of retirement, 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 effective date of retirement.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 5 - STATE POLICE RETIREMENT SYSTEM › Subchapter 5 - RETIREMENT › Section 17:5-5.4 - Willful negligence

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For purposes of determining an accidental
				disability, 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 5 - STATE POLICE RETIREMENT SYSTEM › Subchapter 5 - RETIREMENT › Section 17:5-5.5 - Outstanding loan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any member who
				has an outstanding loan balance at the time of retirement shall repay the loan
				balance, with interest, as follows:
1. In
				full as provided by
				53:5A-29;
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 interest, is
				repaid as authorized in accordance with
				53:5A-29. 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 5 - STATE POLICE RETIREMENT SYSTEM › Subchapter 5 - RETIREMENT › Section 17:5-5.6 - Disability retirement application and termination of service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each
				disability retirement applicant must prove that his or her retirement is due to
				a total and permanent disability that renders the applicant physically or
				mentally incapacitated from performing normal or assigned job duties at the
				time the member left employment; and the member must prove the disability is
				the reason for leaving employment.
(b) Members who have involuntarily or
				voluntarily terminated service for any of the reasons listed below will not be
				permitted to apply for a disability retirement:
1. Removal for cause or total forfeiture of
				public service;
2. Settlement
				agreements reached due to pending administrative or criminal charges, unless
				the underlying charges relate to the disability;
3. Loss of licensure or certification
				required for the performance of the member's specific job duties; or
4. Voluntary separation from service for
				reasons other than a disability.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 5 - STATE POLICE RETIREMENT SYSTEM › Subchapter 5 - RETIREMENT › Section 17:5-5.7 - 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
				53:5A-15.1 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 and such
				incapacity is likely to be permanent;
3. The member is not eligible for accidental
				disability; and
4. The member meets
				the service requirement for ordinary disability.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 5 - STATE POLICE RETIREMENT SYSTEM › Subchapter 5 - RETIREMENT › Section 17:5-5.9 - Determination of final compensation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In computing
				the salary upon which pension contributions were based during the member's last
				year of service, a total of 26 biweekly pays will be used including any
				retroactive salary payments which are attributable to those 26 biweekly pay
				periods. The total salary will be adjusted by factors supplied by the actuary
				to compensate for State biweekly payroll schedules. The biweekly pay periods
				for which no contributions were made shall not be used in the
				calculation.
(b) An employee who is
				enrolled on or after May 21, 2010 will have final compensation based on the
				average annual compensation for the last three years of service, or any three
				fiscal years of membership that provide the largest possible benefit to the
				member or the member's beneficiary.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 5 - STATE POLICE RETIREMENT SYSTEM › Subchapter 5 - RETIREMENT › Section 17:5-5.10 - Employer initiated disability retirement application; employee notice

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 the Division of State Police
				for an employee, the member will be promptly notified by letter that:
1. The Division of State Police has properly
				initiated a disability retirement application online through the Employer
				Pensions and Benefits Information Connection (EPIC) authorized by the
				certifying officer or other designated officer, on the member's
				behalf;
2. The Division of State
				Police has submitted an electronic statement as to the grounds for the
				employer's request for the member's involuntary disability retirement and all
				available medical documentation;
3.
				If appropriate, the Division of State Police 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 disability retirement by submitting a
				written statement 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;
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 the disability retirement allowance approved;
				and
7. In the event the Board finds
				that the member is not totally and permanently disabled for the performance of
				duty, the Division of State Police shall be so advised that the application has
				been rejected and that the member should be returned to duty.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 5 - STATE POLICE RETIREMENT SYSTEM › Subchapter 5 - RETIREMENT › Section 17:5-5.11 - Service retirement; eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
A member becomes eligible for "service" retirement on the
				  first of the month following the month in which the member satisfies the
				  conditions of retirement for age and service.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 5 - STATE POLICE RETIREMENT SYSTEM › Subchapter 5 - RETIREMENT › Section 17:5-5.12 - Extension of service during a declared public health emergency or state of emergency

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A member of the SPRS may extend his or
				her service up to 90 days beyond his or her mandatory retirement date during a
				declared public health emergency or state of emergency, pursuant to
				P.L.
				2021, c. 428.
(b) The Superintendent of the Division of the
				State Police shall have discretion in permitting and terminating extensions of
				service pursuant to (a) above, based on the need to supplement available
				staffing or in consideration of the member's specific assignment or
				expertise.
(c) This section applies
				to any request already made, as well as future requests. A member may make only
				one request for an extension, including any request made prior to February 17,
				2022, the effective date of
				P.L.
				2021, c. 428.
(d) This section is effective as of February
				17, 2022, and shall apply to any declaration of a public health emergency or
				state of emergency declared, or in effect, on or after February 17,
				2022.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 5 - STATE POLICE RETIREMENT SYSTEM › Subchapter 5 - RETIREMENT › Section 17:5-5.13 - Compulsory retirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				provided for at
				P.L.
				2021, c. 428,
				compulsory retirement at age 55 is applicable to all members.
(b) Compulsory retirement will be effective
				on the first day of the month following the member's 55th birthdate.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 5 - STATE POLICE RETIREMENT SYSTEM › Subchapter 5 - RETIREMENT › Section 17:5-5.14 - 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 5 - STATE POLICE RETIREMENT SYSTEM › Subchapter 5 - RETIREMENT › Section 17:5-5.15 - Disability retirement applications; medical examinations; physicians

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to the reports required with
				the application pursuant to
				N.J.A.C.
				17:5-5.1(d)1  and 2,
				applicants for a disability retirement shall submit with their applications all
				the medical information they can supply relative to their disability, including
				reports of their personal physicians and consulting physicians, hospital
				records, diagnostic test results, and any other medical information that would
				assist the Independent Medical Examiner, Medical Review Board, and the Board in
				determining eligibility of the applicants for a disability retirement. The
				Division shall forward the applications and the accompanying medical
				information to the Medical Review Board.
1.
				The applicant must submit all required documentation within six months of
				submitting the disability retirement application, or the application will be
				canceled. The member will then be required to complete a new application for a
				future retirement date.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 5 - STATE POLICE RETIREMENT SYSTEM › Subchapter 5 - RETIREMENT › Section 17:5-5.17 - 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) Such 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 5 - STATE POLICE RETIREMENT SYSTEM › Subchapter 6 - TRANSFERS › Section 17:5-6.1 - Honorable service; interfund transfers; other State 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 official or employee. Therefore,
				the Board of the present System shall disallow the transfer of all or a portion
				of prior service of any member of the System for misconduct occurring during
				the member's prior public service, which renders that prior service, or part
				thereof, dishonorable.
(b) The
				member is not eligible to transfer service credit if any of the following
				conditions apply:
1. The member has withdrawn
				the previous membership;
2. The
				member has credit in the present system for service earned after the date of
				enrollment in the new system (concurrent service); or
3. The account has expired; that is, it has
				been more than two years from the date of the last contribution.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 5 - STATE POLICE RETIREMENT SYSTEM › Subchapter 7 - 9/11 WORLD TRADE CENTER ACCIDENTAL DISABILITY › Section 17:5-7.1 - Purpose of this subchapter

Current through Register Vol. 56, No. 14, July 15, 2024
The Bill Ricci World Trade Center Rescue, Recovery, and
				  Cleanup Operations Act,
				  P.L.
				  2019, c. 157 (Act),
				  permits certain members or retirees of the Police and Firemen's Retirement
				  System of New Jersey (PFRSNJ), State Police Retirement System (SPRS), and
				  Public Employees' Retirement System (PERS) to receive an accidental disability
				  retirement allowance for a disability resulting from participation in 9/11
				  World Trade Center rescue, recovery, or cleanup operations. The purpose of this
				  subchapter is to establish the rules necessary to implement the provisions of
				  the Act.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 5 - STATE POLICE RETIREMENT SYSTEM › Subchapter 7 - 9/11 WORLD TRADE CENTER ACCIDENTAL DISABILITY › Section 17:5-7.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter,
				  shall have the following meanings unless the context clearly indicates
				  otherwise.
"Qualifying condition or impairment of health" includes:
				  diseases of the upper respiratory tract and mucosae, including conditions of
				  conjunctivitis, rhinitis, sinusitis, pharyngitis, laryngitis, vocal cord
				  disease, upper airway hyper-reactivity, and tracheo-bronchitis, or a
				  combination of such conditions; diseases of the lower respiratory tract,
				  including, but not limited to, bronchitis, asthma, reactive airway dysfunction
				  syndrome, and different types of pneumonitis, such as hypersensitivity,
				  granulomatous, or eosinophilic; diseases of the gastroesophageal tract,
				  including esophagitis and reflux disease, either acute or chronic, caused by
				  exposure or aggravated by exposure; diseases of the psychological axis,
				  including post-traumatic stress disorder, anxiety, depression, or any
				  combination of such conditions; diseases of the skin, such as contact
				  dermatitis or burns, either acute or chronic in nature, infectious, irritant,
				  allergic, idiopathic or non-specific reactive in nature, caused by exposure or
				  aggravated by exposure; and new onset diseases resulting from exposure, as such
				  diseases occurring in the future, including cancer, chronic obstructive
				  pulmonary disease, asbestos-related disease, heavy metal poisoning,
				  musculoskeletal disease, and chronic psychological disease.
"World Trade Center Health Program" means the program created
				  by the James Zadroga Health and Compensation Act of 2010, including the
				  Clinical Centers of Excellence administered by the Centers for Disease
				  Control/National Institute for Occupational Safety and Health.
"World Trade Center rescue, recovery, or cleanup operations"
				  means the rescue, recovery, or cleanup operations at the World Trade Center
				  site between September 11, 2001 and October 11, 2001.
"World Trade Center site" means any location below a line
				  starting from the Hudson River and Canal Street, east on Canal Street to Pike
				  Street, south on Pike Street to the East River, and extending to the lower tip
				  of Manhattan.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 5 - STATE POLICE RETIREMENT SYSTEM › Subchapter 7 - 9/11 WORLD TRADE CENTER ACCIDENTAL DISABILITY › Section 17:5-7.3 - Eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The event(s) on
				which an application for accidental disability retirement benefits is based
				shall be presumed to have occurred during, and as a result of, the performance
				of a member's regular or assigned duties and not the result of the member's
				willful negligence, if the member:
1.
				Participated in World Trade Center rescue, recovery, or cleanup operations for:
i. A minimum of eight hours; or
ii. Less than eight hours, and the member
				sustained a documented physical injury at the World Trade Center site between
				September 11, 2001 and September 12, 2001, that prevented the member from
				continuing to participate in World Trade Center rescue, recovery, or cleanup
				operations for a minimum of eight hours, and the documented physical injury is
				a qualifying condition or impairment of health that resulted in a total and
				permanent disability for which the member seeks a presumption under this
				subchapter;
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 5 - STATE POLICE RETIREMENT SYSTEM › Subchapter 8 - ADJUDICATORY PROCEEDINGS › Section 17:5-8.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
P.L.
				  2020, c. 54, extends
				  accidental disability and accidental death benefits to active eligible law
				  enforcement officers enrolled in the State Police Retirement System who are
				  totally and permanently disabled as a result of contracting COVID-19 during the
				  public health emergency in the State declared by the Governor in Executive
				  Order No. 103 (2020). The purpose of this subchapter is to establish the rules
				  necessary to implement the provisions of this law.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 5 - STATE POLICE RETIREMENT SYSTEM › Subchapter 8 - ADJUDICATORY PROCEEDINGS › Section 17:5-8.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise:
"COVID-19" means a highly contagious respiratory disease
				  caused by the SARS-CoV-2 virus.
"Public health emergency" means the health emergency in the
				  State of New Jersey, as defined by the Governor in Executor Order No. 103
				  (2020).
"SARS-CoV-2" means severe acute respiratory syndrome
				  coronavirus 2. It is the virus that causes COVID-19 (the
				  disease).
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 5 - STATE POLICE RETIREMENT SYSTEM › Subchapter 8 - ADJUDICATORY PROCEEDINGS › Section 17:5-8.3 - Eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For purposes of
				subsection a of section 10 at P.L. 1965, c. 89 (N.J.S.A.
				53:5A-10), permanent and total disability
				shall be deemed to have occurred as a direct result of a traumatic event
				occurring during, and as a result of, the performance of regular or assigned
				duties if:
1. The member contracts COVID-19
				during the public health emergency;
2. The member is permanently and totally
				disabled as a result of COVID-19;
3. The member's regular or assigned duties
				required the member to interact with the public, or to directly supervise other
				personnel so interacting with the public, on any date during the public health
				emergency; and
4. The member
				interacted with the public or directly supervised personnel that interacted
				with the public within 14 calendar days prior to the appearance of symptoms
				consistent with COVID-19, confirmed, in writing, by a licensed health care
				provider on a form approved by the Board of Trustees and also confirmed by a
				positive test result for SARS-CoV-2.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 5 - STATE POLICE RETIREMENT SYSTEM › Subchapter 8 - ADJUDICATORY PROCEEDINGS › Section 17:5-8.4 - Accidental death in the line of duty attributable to COVID-19

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For purposes of subsection a of section
				14 at P.L.
				1965, c. 89 (N.J.S.A.
				53:5A-14), a member whose death is
				attributable to COVID-19, complications therefrom, or the aggravation or
				acceleration of a preexisting condition caused thereby, shall be deemed to have
				occurred as the result of an accident met in the actual performance of duty at
				some definite time and place if:
1. The member
				contracted COVID-19 and the member's death occurs after receiving a positive
				test result for SARS-CoV-2 during the public health emergency in this State
				declared by the Governor in Executive Order No. 103 (2020);
2. The member dies as a result of COVID-19;
				and
3. The member's regular or
				assigned duties required the member to interact with the public or directly
				supervise personnel who interact with the public, and the member so interacted
				with the public or directly supervised such personnel, on any date during the
				public health emergency in this State declared by the Governor in Executive
				Order No. 103 (2020), and as extended, and within 14 calendar days prior to the
				appearance of symptoms consistent with COVID-19, which diagnosis has been
				confirmed, in writing, by a licensed health care provider on a form approved by
				the Board and by a positive test result for SARS-CoV-2.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 5 - STATE POLICE RETIREMENT SYSTEM › Subchapter 8 - ADJUDICATORY PROCEEDINGS › Section 17:5-8.5 - Filing requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To
				apply for benefits pursuant to this subchapter, a member or retiree must file a
				COVID-19 Medical Questionnaire form (available on the Division's website) in
				its entirety and provide all requested documents.
(b) Required documents are:
1. A copy of positive COVID-19 test results;
				and
2. A certification from a
				licensed health care provider. If an accident report is available, it shall be
				provided to the Division.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 6 - DEFINED CONTRIBUTION RETIREMENT PROGRAM › Subchapter 1 - ESTABLISHMENT OF PROGRAM › Section 17:6-1.1 - Program established

Current through Register Vol. 56, No. 14, July 15, 2024
This document restates the provisions of the Defined
				  Contribution Retirement Program (the "Program") originally established
				  effective July 1, 2007 by
				  P.L.
				  2007, c. 92 and amended
				  by P.L.
				  2007, c. 103;
				  P.L.
				  2008, c. 89, and
				  P.L.
				  2010, c. 1;
				  43:1-1 et seq., 43:3C-1, 43:3C-3,
				  43:3C-4, 43:3C-5, 43:3C-6, 43:3C-8, 43:3C-9, 43:3C-9.1, 43:3C-9.2, 43:3C-9.3,
				  43:3C-9.4, 43:3C-9.5, 43:3C-9.6, 43:3C-10 and
				  43:15C-1 et seq.; and N.J.A.C.
				  17:1. The provisions of
				  N.J.S.A.
				  43:15C-1 et seq. are incorporated into the
				  Program as if fully set out in this chapter.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 6 - DEFINED CONTRIBUTION RETIREMENT PROGRAM › Subchapter 1 - ESTABLISHMENT OF PROGRAM › Section 17:6-1.2 - Program consists of three plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Defined
				Contribution Retirement Program (DCRP) consists of three benefit plans: the
				DCRP Retirement Plan (the "Retirement Plan"), which is a defined contribution
				retirement plan intended to qualify for favorable Federal income tax treatment
				under Internal Revenue Code (IRC) § 401(a); the DCRP Group Life Insurance
				Plan (the "Group Life Insurance Plan"); and the DCRP Group Disability Benefit
				Plan (the "Group Disability Plan"). Assets held in the Trust under the Program
				for the Retirement Plan shall not be available for the payment of premiums,
				benefits or administrative expenses with respect to the Group Life Insurance
				Plan and/or the Group Disability Plan.
1.
				DCRP Retirement Plan. The DCRP Retirement Plan is a plan of retirement benefits
				for the benefit of eligible employees and their beneficiaries. The Retirement
				Plan is intended to be a tax-qualified defined contribution money purchase
				pension plan under IRC §§ 401(a) et seq., and is further intended to
				be a "governmental plan" within the meaning of
				29
				U.S.C. §
											1002(32) and
				IRC § 414(d). The Plan Administrator intends to maintain the Retirement
				Plan as a plan that qualifies for favorable income tax treatment under IRC
				§ 401(a). The Retirement Plan is an individual account plan which provides
				for an individual account for each participant and for benefits based solely
				upon the amount of contributions, investment gains and losses, fees, and
				expenses allocated to the participant's account. Assets of the Trust with
				respect to the Retirement Plan shall be used solely for the purpose of
				providing benefits under the Retirement Plan, and for paying the administrative
				expenses of the Retirement Plan.
2.
				DCRP Group Life Insurance Plan. The DCRP Group Life Insurance Plan is a plan
				for the provision of group life insurance benefits for eligible
				employees.
3. DCRP Group Disability
				Benefit Plan. The DCRP Group Disability Benefit Plan is a plan for the
				provision of group disability insurance benefits for eligible employees.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 6 - DEFINED CONTRIBUTION RETIREMENT PROGRAM › Subchapter 1 - ESTABLISHMENT OF PROGRAM › Section 17:6-1.3 - ERISA does not apply

Current through Register Vol. 56, No. 14, July 15, 2024
The United States Code provisions created by Title I of the
				  Employee Retirement Income Security Act of 1974 (ERISA),
				  29 U.S.C.
				  §§
										1001 et seq., do not apply to
				  this Program.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 6 - DEFINED CONTRIBUTION RETIREMENT PROGRAM › Subchapter 1 - ESTABLISHMENT OF PROGRAM › Section 17:6-1.4 - Governmental plan rules

Current through Register Vol. 56, No. 14, July 15, 2024
The Program is intended to be a governmental plan within the
				  meaning of
				  29
				  U.S.C. §
										1002(32) and
				  IRC § 414(d).
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 6 - DEFINED CONTRIBUTION RETIREMENT PROGRAM › Subchapter 1 - ESTABLISHMENT OF PROGRAM › Section 17:6-1.5 - Exclusive benefit

Current through Register Vol. 56, No. 14, July 15, 2024
The Program, the Plans under the Program, and the Trust are
				  established for the exclusive benefit of participants and their beneficiaries.
				  Consistent with IRC § 401(a)(2), no amount held under the Defined
				  Contribution Retirement Program Retirement Plan will ever inure to the benefit
				  of the Plan Sponsor, any employer, the Plan Administrator, or any successor of
				  any of them, and all Retirement Plan investments and amounts will be held for
				  the exclusive purpose of providing benefits to the Retirement Plan's
				  participants and their beneficiaries. Notwithstanding anything in this chapter
				  to the contrary, it shall be impossible at any time before the satisfaction of
				  all liabilities to participants, beneficiaries, and alternate payees for any
				  part of the Program assets to be used for or diverted to purposes other than
				  for the exclusive benefit of participants, beneficiaries, and alternate payees,
				  except that payment of taxes and administration expenses may be made from the
				  Program assets as provided by the Program, an applicable Plan under the Program
				  or as permitted by applicable law.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 6 - DEFINED CONTRIBUTION RETIREMENT PROGRAM › Subchapter 1 - ESTABLISHMENT OF PROGRAM › Section 17:6-1.6 - No third-party beneficiary

Current through Register Vol. 56, No. 14, July 15, 2024
The Plan Sponsor and each employer does not intend by any of
				  the Program's provisions to make any person other than a participant, an
				  alternate payee designated by a Qualified Domestic Relations Order, or a
				  beneficiary under an applicable Plan following the death of the participant, a
				  third-party beneficiary of the Program or any Plan under the Program. Further,
				  nothing in the Program can be construed or interpreted to authorize any person
				  other than a participant, alternate payee, or beneficiary after the
				  participant's death to maintain any cause of action under or relating to the
				  Program. The duties, obligations, and responsibilities of the Plan
				  Administrator and each employer concerning third parties will remain solely as
				  imposed by applicable law.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 6 - DEFINED CONTRIBUTION RETIREMENT PROGRAM › Subchapter 3 - DEFINED CONTRIBUTION RETIREMENT PROGRAM BOARD › Section 17:6-3.1 - Composition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall
				consist of:
1. The Director of the Division of
				Pensions and Benefits or a designee;
2. The Director of the Division of Investment
				or a designee;
3. The Commissioner
				of the Department of Banking and Insurance or a designee;
4. The Director of the Office of Management
				and Budget or a designee; and
5. A
				person appointed by the Director of the Division of Pensions and Benefits who
				is an active participant or retiree of the Defined Contribution Retirement
				Program.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 6 - DEFINED CONTRIBUTION RETIREMENT PROGRAM › Subchapter 3 - DEFINED CONTRIBUTION RETIREMENT PROGRAM BOARD › Section 17:6-3.2 - Powers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall
				select one or more designated service providers (DSPs), licensed or otherwise
				authorized to transact business in New Jersey, for the administration of all or
				part of the Program, including the management and investment of contributions
				to the Retirement Plan. The DSP or DSPs shall be selected in accordance with
				all applicable State laws and regulations.
(b) The Board shall determine investment
				options to be offered with respect to the investment of Retirement Plan
				accounts, including, but not limited, to mutual funds, subject to such rules
				and regulations as the Division of Pensions and Benefits may adopt, in
				accordance with all Internal Revenue Code rules and regulations. The Division
				of Pensions and Benefits as the Plan Administrator may direct the Trustee or
				DSP with respect to the investment options that may be made available to
				participants and beneficiaries, and may enter into such contractual
				arrangements with the Trustee or DSP (for example, to participate in a
				collective trust for the holding of benefit plan assets) as may be necessary or
				desirable to implement the provisions of the investment options.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 6 - DEFINED CONTRIBUTION RETIREMENT PROGRAM › Subchapter 4 - PARTICIPATION IN THE RETIREMENT PLAN › Section 17:6-4.2 - Ineligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall
				be eligible to participate in the Program with respect to any public
				employment, office or position if:
1. The base
				salary for such employment, office, or position is less than $ 5,000 per
				year;
2. The person holds such
				employment, office or position in a political subdivision of the State, or an
				agency, board, commission, authority or instrumentality of a subdivision,
				consistent with
				17:6-4.1(a)3, and
				is otherwise eligible for membership in the Teachers' Pension and Annuity Fund
				or the Police and Firemen's Retirement System;
3. The person holds such employment, office
				or position in a political subdivision of the State, or an agency, board,
				commission, authority or instrumentality of a subdivision, consistent with
				17:6-4.1(a)3, and
				is employed or appointed in the regular or normal course of employment or
				appointment procedures and consented to or approved in a general or routine
				manner appropriate for and followed by the political subdivision, or the
				agency, board, commission, authority or instrumentality of a
				subdivision;
4. The person holds
				such employment, office or position in a political subdivision of the State, or
				an agency, board, commission, authority or instrumentality of a subdivision,
				consistent with
				17:6-4.1(a)3,
				holds a professional license or certificate to perform, and is performing as a:
i. Certified health officer;
ii. Tax assessor;
iii. Tax collector;
iv. Municipal planner;
v. Chief financial officer;
vi. Registered municipal clerk;
vii. Construction code official;
viii. Licensed uniform subcode
				inspector;
ix. Qualified purchasing
				agent; or
x. Certified public works
				manager;
5. The person
				is, on the basis of service in such employment, office, or position, eligible
				for membership or enrolled as a member of another State or locally-administered
				pension fund or retirement system established under the laws of the State,
				including the Alternate Benefit Program, except as otherwise specifically
				provided in N.J.A.C. 17:6-4.1;
6.
				The person is receiving a benefit as a retiree from any other State or
				locally-administered pension fund or retirement system established under the
				laws of the State, except as provided in section 1 of P.L. 1977, c. 171
				(43:3C-3 ); or
7. The person is an officer or employee of a
				political subdivision of the State or of a board of education, or of any
				agency, authority or instrumentality thereof, who is ineligible for membership
				in the Public Employees' Retirement System pursuant to
				section
				20 of
				P.L.
				2007, c. 92
				(43:15A-7.2 ).
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 6 - DEFINED CONTRIBUTION RETIREMENT PROGRAM › Subchapter 4 - PARTICIPATION IN THE RETIREMENT PLAN › Section 17:6-4.3 - Waiver of participation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Public
				Employees Retirement System (PERS), Teachers' Pension and Annuity Fund (TPAF),
				Police and Firemen's Retirement System (PFRS), or State Police Retirement
				System (SPRS) member who is also eligible for the DCRP, due to the maximum
				compensation limit defined at N.J.S.A. 43:15C-2.a(5), may voluntarily waive
				participation in the DCRP by submitting a DCRP Waiver Form to the Division of
				Pensions and Benefits. The completed DCRP Waiver Form waives all rights and
				benefits that would otherwise be provided by the Retirement Plan. To the extent
				permitted by the Internal Revenue Code, such a person may thereafter make a
				one-time irrevocable election to participate in the Retirement Plan by filing,
				on an applicable form required by the Plan Administrator, a written election to
				participate in the Retirement Plan, and participation in the Retirement Plan
				pursuant to such election shall commence on the January 1 next following the
				filing of the election to participate.
(b) A waiver election under (a) above must be
				made on the applicable form and filed with the Plan Administrator and the
				appropriate officer of the employer.
(c) An eligible employee who has not made the
				waiver election permitted by (a) above within 30 calendar days of the latest of
				the participant's first date of paid employment with an employer under
				43:15C-2, the Retirement Plan
				implementation date, and the date the Plan Administrator notifies the eligible
				employee of the waiver election opportunity, is deemed to have not waived
				membership in the Retirement Plan and is deemed to have irrevocably elected to
				participate in this Plan.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 6 - DEFINED CONTRIBUTION RETIREMENT PROGRAM › Subchapter 4 - PARTICIPATION IN THE RETIREMENT PLAN › Section 17:6-4.4 - Service credit not recognized to determine eligibility for employer-paid retiree health care benefits

Current through Register Vol. 56, No. 14, July 15, 2024
Service credited to a participant in the Retirement Plan
				  shall not be recognized as service credit to determine eligibility for
				  employer-paid health care benefits in retirement pursuant to P.L. 1961, c. 49
				  (52:14-17.2 5 et seq.),
				  40A:10-16 et seq., P.L. 1979, c.
				  391 (18A:16-12 et al.), or any other
				  law, rule or regulation.