reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:2-6.21 - Determination of last year's salary; veterans paid on a monthly basis

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In
				order to determine the last year's salary for a veteran with 35 or more years
				of creditable service, age 55 or older, reported on a monthly basis under a
				10-month contract, the creditable salaries upon which contributions were made
				in the member's final 10 months of pensionable service preceding retirement or
				in the consecutive 10-month period in which the member achieved the greatest
				earnings, including any retroactive salary payments that are attributable to
				the covered period and paid as part of a salary agreement with a group of
				employees, shall be used.
(b) In
				order to determine the last year's salary with a veteran with 35 or more years
				of creditable service, age 55 or older, reported on a monthly basis under a
				12-month contract, the creditable salaries upon which contributions were made
				in the member's final 12 months of pensionable service preceding retirement or
				in the consecutive 12-month period in which the member achieved the greatest
				earnings, including any retroactive salary payments that are attributable to
				the covered period and paid as part of a salary agreement with a group of
				employees, shall be used.
(c) In
				order to determine the last year's salary for a veteran with 20 or more years
				of creditable service, age 60 or older, or a veteran with 25 or more years of
				creditable service, age 55 or older, reported on a monthly basis under a
				10-month contract, the creditable salaries upon which contributions were made
				in the member's final 10 months of pensionable service preceding retirement or
				in the consecutive 10-month period in which the member achieved the greatest
				earnings, including any retroactive salary payments that are attributable to
				the covered period and paid as part of a salary agreement with a group of
				employees, shall be used.
(d) In
				order to determine the last year's salary for a veteran with 20 or more years
				of creditable service, age 60 or older, or a veteran with 25 or more years of
				creditable service, age 55 or older, reported on a monthly basis under a
				12-month contract, the member's creditable salaries upon which contributions
				were made in the member's final 12 months of pensionable service preceding
				retirement or in the consecutive 12-month period in which the member achieved
				the greatest earnings, including any retroactive salary payments that are
				attributable to the covered period and paid as part of a salary agreement with
				a group of employees, shall be used.
(e) In order to determine the last year's
				salary for a veteran reported on any combination of 10- and 12-month contract
				years in such months, the last year's salary shall be determined on a
				proportional basis.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:2-6.22 - 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 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:2-6.23 - 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 in this subsection
				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 for which they seek a
				retirement benefit;
3. Loss of
				licensure or certification required for the performance of the member's
				specific job duties, unless the loss is the result of the disability for which
				they seek a retirement benefit; and/or
4. Voluntary separation from service for
				reasons other than a disability.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:2-6.24 - Final compensation; biweekly salary computation for employees reported on a biweekly basis

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The determination of final compensation
				for 10- and 12-month members is dependent on a member's PERS enrollment date.
1 In the case of members enrolled on or
				before May 10, 2010, a total of 78 biweekly pensionable pay periods will be
				used to compute "final compensation" for 12-month employees reported on a
				biweekly basis. "Final compensation" will include any retroactive salary
				payments that are attributable to the covered period.
2. In the case of members enrolled after May
				10, 2010, a total of 130 biweekly pensionable pay periods will be used to
				compute "final compensation" for 12-month employees reported on a biweekly
				basis. "Final compensation" will include any retroactive salary payments that
				are attributable to the covered period.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:2-6.26 - Disability retirement applications; 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.
				17:2-6.1(g)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 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 7 - TRANSFERS › Section 17:2-7.2 - 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 pension 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 their
				contributions;
2. The account has
				not expired; that is, it has not been more than two years since the date of the
				last contribution or the member's account has remained active due to the
				provisions of
N.J.S.A.
				43:15A-7
.e and 8; and
3. The account has not been canceled due to
				Board action. It is the responsibility of the employer to establish the
				employee's status. For accounts that are withdrawn, expired, or canceled, an
				enrollment application is needed, and the standard enrollment rules are again
				in effect.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 7 - TRANSFERS › Section 17:2-7.3 - Transfers for Workers' Compensation Judges pursuant to P.L. 2021, c. 140

Current through Register Vol. 56, No. 14, July 15, 2024
Pursuant to
				  P.L.
				  2021, c. 140, all
				  Workers' Compensation judges enrolled in the DCRP will be transferred to the
				  Workers' Compensation Judges Part of PERS and will receive service credit
				  starting on the date of their appointment as a judge. The service credit
				  transferred from the DCRP shall be used to determine eligibility for
				  employer-paid health benefits in retirement. The transfer from the DCRP to the
				  Workers' Compensation Judges Part of PERS is to be completed as a
				  trustee-to-trustee transfer in accordance with the Internal Revenue Code. The
				  Second Injury Fund will bear the cost for the unfunded liability based on this
				  transfer, which cost will be determined by the PERS actuary. This transfer is
				  retroactive for Workers' Compensation judges who retired on or after May 20,
				  2021, and have not received a distribution from their DCRP
				  account.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 8 - PROSECUTORS PART › Section 17:2-8.1 - 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:
"Annual salary" means the compensation received by a member
				  of the Prosecutors Part in the last 12 months of creditable service preceding
				  retirement or death.
"Average annual compensation" means the annual salary as
				  defined above.
"Combined service" means service credit in both the regular
				  PERS and in the Prosecutors Part."
"PERS" means the Public Employees Retirement System.
"Prosecutor" is defined as follows:
1. A county prosecutor, first assistant
				prosecutor, or assistant prosecutor as defined at N.J.S.A. 2A:158-1 et
				seq.;
2. The Director of the
				Division of Criminal Justice in the Department of Law and Public Safety; and
				any assistant director, deputy director, assistant attorney general, or deputy
				attorney general employed by that Department and assigned to that Division
				between January 7, 2002 and May 20, 2010; and again after September 24, 2021;
				and
3. A criminal investigator (as
				defined at N.J.S.A. 52:17B-100.1) in the Division of Criminal Justice who was
				ineligible for enrollment in the Police and Firemen's Retirement System between
				January 7, 2002 and May 20, 2010; and again after September 24, 2021.
"Regular Public Employees' Retirement System service" means
				  all service credited as a public employee not meeting the definition of
				  "service" as defined below.
"Service" as a prosecutor as defined at N.J.S.A. 43:15A-155
				  shall include the following:
(a) For
				members employed as prosecutors on January 7, 2002, service shall include any
				PERS service credited to a member's account on January 7, 2002, pursuant to
				P.L.
				2003, c. 140.
(b) For members employed as prosecutors on
				September 24, 2021, service shall include any PERS service credited to a
				member's account as of September 24, 2021, pursuant to
				P.L.
				2021, c. 226.
"Special retirement" as defined in
				  43:15A-159 means a retirement
				  election by a prosecutor who has established at least 25 years of creditable
				  service in the Prosecutors Part regardless of age, for which the pension, when
				  added to the prosecutor's annuity, will provide a total retirement allowance of
				  65 percent of final compensation, plus one percent of final compensation
				  multiplied by the number of years of creditable service over 25 but not over
				  30.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 8 - PROSECUTORS PART › Section 17:2-8.2 - P.L. 2021, c. 226

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
									N.J.S.A.
				43:15A-156 closed the Prosecutors Part of
				PERS to new members as of May 21, 2010. On September 24, 2021, the Prosecutors
				Part of PERS was reopened and requires prosecutors to be enrolled in the PERS
				with the same membership and benefit provisions as State employees, except as
				provided at P.L. 2001, c.
				366. Membership in the retirement system shall be
				a condition of employment for service as a prosecutor.
1. For members employed as prosecutors on
				September 24, 2021, any service credit that has been established in the PERS
				prior to September 24, 2021, shall be established in the Prosecutors Part of
				PERS without further assessment of cost to the prosecutor; provided, however,
				any service credit that has been established in the PERS or the Judicial
				Retirement System (JRS) not deferred pursuant to section 1 at
				P.L.
				2019, c. 287
				(N.J.S.A.
				43:6A-11.1) by a member of the retirement
				system in any position prior to service as a county prosecutor, nominated and
				appointed pursuant to Article VII, Section II, paragraph 1 of the New Jersey
				Constitution, shall be established in the Prosecutors Part of PERS without
				further assessment of cost to the prosecutor.
2. Any county prosecutor, or acting county
				prosecutor, enrolled in the DCRP as a county prosecutor, or acting county
				prosecutor, shall be eligible for service credit in the Prosecutors Part of
				PERS, except that the county prosecutor, or acting county prosecutor, shall
				first pay the amount equivalent to that amount contributed pursuant to section
				3 at P.L.
				2007, c. 92
				(N.J.S.A.
				43:15C-3) during each fiscal year of
				membership in the DCRP to be credited.
3. All outstanding obligations, such as
				loans, purchases, and other arrearage, shall be satisfied by a prosecutor as
				previously scheduled for payment to the Public Employees' Retirement
				System.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 8 - PROSECUTORS PART › Section 17:2-8.3 - Contribution rate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rate of contribution to the
				Prosecutors Part of the Public Employees' Retirement System shall be a percent
				of base salary as established by the Board. The amount of the members'
				contribution rate shall be established upon recommendation of the actuary using
				consistent and generally accepted actuarial standards, as established by the
				Governmental Accounting Standards Board.
(b) The rate of contribution shall be
				reviewed by the System's actuaries periodically and adjusted by the Board as
				necessary. The Board shall review the contribution rate at every three-year
				period as part of the valuation by the PERS System's actuary and whenever the
				PERS, PFRS, TPAF, or SPRS rate is adjusted by the Legislature. A notice of any
				change in the rate shall be published through a notice in the New Jersey
				Register and shall become effective on the date authorized by the
				Board.
(c) The current rate of
				contribution for Prosecutors Part members is provided in the Prosecutors Part
				Addendum to the PERS Member Handbook, provided on the Division of Pensions and
				Benefits website.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 8 - PROSECUTORS PART › Section 17:2-8.4 - Ineligibility for credit in the Prosecutors Part

Current through Register Vol. 56, No. 14, July 15, 2024
A person who was not employed as a prosecutor on September
				  24, 2021, is not eligible to have any portion of his or her Public Employees'
				  Retirement System account credited to the Prosecutors Part except as provided
				  under the definition of "service" at
				  N.J.A.C.
				  17:2-8.1.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 8 - PROSECUTORS PART › Section 17:2-8.5 - Interfund transfers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person who contributes to another
				State-administered retirement system and was not employed as a prosecutor on
				September 24, 2021, is not eligible to have any portion of his or her
				State-administered defined benefit retirement system credit transferred into
				the Prosecutors Part. The State-administered defined benefit retirement system
				service shall be credited as regular PERS credit.
(b) The service credit of a member of the
				Prosecutors Part who transfers into another State-administered retirement
				system, pursuant to
N.J.S.A.
				43:2-1
, shall be converted into
				service credit in the new retirement system. If the member later transfers back
				into the Public Employees' Retirement System, service previously credited in
				the Prosecutors Part shall be credited as Prosecutors Part service, while all
				other service shall be credited as regular PERS service.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 8 - PROSECUTORS PART › Section 17:2-8.6 - Purchase of service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any active member of the Prosecutors Part
				may make an optional purchase of service as authorized at
				N.J.A.C.
				17:2-5.5.
(b) Any purchase requested after September
				24, 2021, shall be credited as regular PERS service in the calculation of
				benefits, except for the following three types of service, which shall be
				credited as Prosecutors Part service. The cost of this Prosecutors Part service
				shall be determined using Prosecutors Part actuarial purchase factors:
1. Temporary service as a prosecutor
				beginning on September 24, 2021, which led directly to a permanent employment
				as a prosecutor;
2. Service
				properly credited in the Prosecutors Part on or after September 24, 2021, as to
				which contributions had been withdrawn in accordance with N.J.S.A. 43:15A-8.b;
				and
3. Leaves of absence without
				pay after September 24, 2021, from service as prosecutor. A prosecutor may
				purchase the period of a leave of absence pursuant to
				N.J.A.C.
				17:2-5.5(a)4.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 8 - PROSECUTORS PART › Section 17:2-8.7 - Eligibility for a loan

Current through Register Vol. 56, No. 14, July 15, 2024
Active, contributing members of the Prosecutors Part with at
				  least three years of service credit may exercise the privilege of obtaining a
				  loan pursuant to the provisions of
				  43:15A-34 and IRS regulations. The
				  monthly or biweekly payment amount shall be at least equal to the member's rate
				  of contribution to the Prosecutors Part and cannot exceed 25 percent of the
				  member's compensation. Not more than two loans may be granted to any member in
				  any calendar year. 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. Should a prosecutor retire or die with an outstanding loan
				  balance, repayment shall be made according to the provisions of
				  43:15A-34.1 and
				  17:2-6.4.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 8 - PROSECUTORS PART › Section 17:2-8.8 - Vesting

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A prosecutor with service in both the
				Prosecutors Part and the regular PERS may use the combined noncurrent service
				in order to meet the 10-year vesting requirement found at
				43:15A-38 for a member of the
				PERS.
(b) If the prosecutor begins
				receipt of a Prosecutors Part retirement benefit prior to the date of
				eligibility to receive a PERS retirement benefit, the Prosecutors Part service
				credit shall be subtracted from the member's active account and any credited
				regular PERS service would remain. A retired member of the Prosecutors Part who
				does not have 10 or more years of credited regular PERS service remaining in
				the active account after the Prosecutors Part service is subtracted, and whose
				regular PERS account will not be active pursuant to
N.J.S.A.
				43:15A-7
.e when the member attains
				the age of 60, for members enrolled before November 2, 2008; the age of 62 for
				those members who enroll between November 2, 2008 and May 21, 2011; or the age
				of 65 for members who enroll after May 21, 2011, cannot collect a benefit based
				on that service. An application for return of contributions made on the basis
				of such other public service, if no part of the service was used in the
				calculation of a retirement allowance or to qualify for payment of health
				benefits, may be approved.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 8 - PROSECUTORS PART › Section 17:2-8.9 - Withdrawal from Prosecutors Part or regular PERS service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A prosecutor,
				upon termination of service as a prosecutor, may elect to receive the return of
				the accumulated contributions in accordance with the provisions of
				43:15A-41 and
				17:2-4.1 0 and 4.11.
(b) If a prosecutor is a member of the PERS
				on the basis of other public service, no application for a return of
				contributions shall be approved until the prosecutor has terminated all service
				covered by the System and makes application for a return of all contributions
				made to the System. An application for return of contributions made on the
				basis of such other public service, if no part of the service was used in the
				calculation of a retirement allowance or to qualify for payment of health
				benefits, may be approved.
(c) A
				prosecutor cannot withdraw from the regular PERS unless retired or withdrawn
				from the Prosecutors Part.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 8 - PROSECUTORS PART › Section 17:2-8.10 - Retirement 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 30 days after the date of retirement, whichever is later.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 8 - PROSECUTORS PART › Section 17:2-8.11 - Election of largest possible retirement allowance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the
				time of retirement, a member enrolled on the basis of service as a prosecutor,
				or on a combination of service as a prosecutor and regular PERS service, shall
				be permitted to elect the largest possible retirement allowance, if the member
				qualifies for benefits under both the provisions of
N.J.S.A.
				43:15A-1
et seq., and
43:15A-155
et seq., and the combined service provides a higher
				benefit. The member may elect any PERS retirement benefit for which the member
				qualifies, including early retirement pursuant to
N.J.S.A.
				43:15A-41
, veteran's retirement
				pursuant to
N.J.S.A. 43:15A-61
, and
				service retirement pursuant to
N.J.S.A.
				43:15A-48
. A prosecutor who elects
				to receive a regular PERS retirement benefit instead of a prosecutor's benefit,
				and has 10 or more years of service credit, will have a death benefit equal to
				3/16 of the last 12 months of salary upon retirement.
(b) A prosecutor electing to receive a
				retirement allowance under the Prosecutors Part shall be ineligible to receive
				a retirement allowance or pension for the same service under any other law of
				the State.
(c) There will be no
				refund of Prosecutors Part employee contributions if a regular PERS benefit is
				elected; nor, will there be a refund of the difference in employee contribution
				rates between the Prosecutors Part and regular PERS.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 8 - PROSECUTORS PART › Section 17:2-8.12 - Service retirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a prosecutor
				is a member of the PERS on the basis of other public service, no application
				for retirement shall be approved until the prosecutor has terminated all
				service covered by the System.
(b)
				A member who was employed as a prosecutor on January 7, 2002 may retire with 20
				or more years of creditable Prosecutors Part service at any age by filing a
				retirement application, duly attested, stating at what time subsequent to the
				execution and filing thereof the member desires to be retired.
(c) A member who was not employed as a
				prosecutor on January 7, 2002 may retire at age 55 by filing a retirement
				application, duly attested, stating at what time subsequent to the execution
				and filing thereof the member desires to be retired.
(d) The service retirement allowance shall
				consist of:
1. An annuity which shall be the
				actuarial equivalent of the prosecutor's aggregate contributions; and
2. A pension in the amount, when added to the
				annuity, would provide a total retirement allowance of 1/60th of average final
				compensation multiplied by the number of years of creditable prosecutor's
				service, or two percent of average final compensation multiplied by the number
				of years of creditable prosecutor's service up to 30 plus one percent of
				average final compensation multiplied by the number of years of creditable
				prosecutor's service over 30, or 50 percent of final compensation if the
				prosecutor has established 20 or more years of creditable prosecutor's service,
				whichever is greatest.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 8 - PROSECUTORS PART › Section 17:2-8.13 - Eligibility for disability and accidental death retirement benefit

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				A prosecutor who has a total of 10 years of non-concurrent New Jersey service
				in the Prosecutors Part, regular PERS, or a combination thereof, may be
				eligible for an ordinary disability retirement benefit as provided by
N.J.S.A. 43:15A-42
. The
				benefit shall be the same as that provided by
N.J.S.A.
				43:15A-45
.
(b) A prosecutor who is permanently and
				totally disabled as a direct result of a traumatic event occurring during and
				as a result of the performance of the prosecutor's regular or assigned duties
				may be eligible for an accidental disability retirement benefit as provided by
N.J.S.A. 43:15A-43
. The
				benefit shall be the same as that provided by
N.J.S.A.
				43:15A-46
.
(c) Should a prosecutor die in active service
				as a result of an accident met in the actual performance of duty and not as the
				result of willful negligence, an accidental death benefit may be payable
				subject to the provisions of
				43:15A-49.
(d) A prosecutor who is awarded a disability
				retirement benefit as stated in (a) and (b) above, cannot receive an additional
				Prosecutors Part retirement benefit or death benefit as defined in
N.J.S.A. 43:15A-158
, 159,
				and 160 or any additional PERS benefit. There will be no refund of Prosecutors
				Part employee contributions if a PERS disability retirement benefit is elected;
				nor will there be a refund of the difference in employee contribution rates
				between the Prosecutors Part and regular PERS service.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 8 - PROSECUTORS PART › Section 17:2-8.14 - Retirement date for prosecutors having both regular and Prosecutors Part PERS service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a prosecutor is a member of the PERS
				on the basis of other public service, no application for retirement shall be
				approved until the prosecutor has terminated all service covered by the
				System.
(b) A prosecutor who has
				both regular and Prosecutors Part PERS service may, after filing the necessary
				application, begin receipt of the Prosecutors Part benefit at age 55, or at any
				age with 20 or more years of service if the member was employed as a prosecutor
				as of September 24, 2021. The member may begin receipt of the remaining regular
				PERS benefit at age 60 if enrolled in the regular PERS before November 2, 2008;
				at age 62 for those members who enroll between November 2, 2008 and May 21,
				2010; or at age 65 for those members who enroll after May 21, 2010, based on
				the member's final average salary in the regular PERS covered position in
				accordance with the PERS retirement rules, so long as the member is vested in
				the regular PERS account, or the regular PERS account is still active pursuant
				to N.J.S.A.
				43:15A-7(e). The maximum
				amount of the PERS benefit shall be determined as of the effective date of
				retirement from the Prosecutors Part. Should a retired member of the
				Prosecutors Part return to employment prior to receipt of the regular PERS
				retirement benefit, that PERS benefit shall not increase and the provisions of
				N.J.A.C.
				17:2-8.16 shall apply. If the member has 25
				years or more of regular PERS service, the member may begin receipt of the
				regular PERS benefit at any age after filing the necessary
				application.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 8 - PROSECUTORS PART › Section 17:2-8.15 - Options at retirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A member of the
				Prosecutors Part shall, on the retirement application, select one of the nine
				options to receive retirement benefits as provided at
				43:15A-50 and
				17:2-6.1.
(b)
									P.L.
				2001, c. 366 does not
				provide for a separate surviving spouse benefit. Members may elect survivor
				benefits under the provisions of
				43:15A-50 and N.J.A.C.
				17:2-6.1.
(c) A member of the
				Prosecutors Part who files for a retirement allowance from both the Prosecutors
				Part as well as the regular PERS, may select a different option and/or
				beneficiary under each retirement allowance.
(d) The cost-of-living adjustment as provided
				for in 43:3B-1 et seq. shall be
				calculated separately using the retirement date for each retirement allowance.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 8 - PROSECUTORS PART › Section 17:2-8.16 - Return to employment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Retired members
				of the Prosecutors Part who return to Public Employees' Retirement System or
				Prosecutors Part covered employment, shall have their previous retirement
				allowances suspended and shall be reenrolled in the System in the same manner
				as provided by
N.J.S.A.
				43:15A-44
for those who retired on
				disability retirements or
N.J.S.A.
				43:15A-57
.2 for those who retired on
				early, service, veteran, special, or deferred retirements. A member who ceases
				covered employment and retires again must file a new retirement application
				with the Division in accordance with
N.J.A.C.
				17:2-6.1
to initiate payment of the
				retirement allowance. The previous retirement allowance shall then be
				reinstated, and the new retirement allowance, based on the member's subsequent
				covered employment, shall commence. If the member returned to regular PERS
				service and retained the same membership level and account, the previous and
				subsequent retirement allowances shall be combined and paid in one monthly
				benefit check. If the member returned to regular PERS service and is enrolled
				under a different membership level and account, the checks will not be
				combined. The retirement allowance shall become effective on the first of the
				month following receipt of the application unless a future date is
				requested.
(b) Pursuant to
				43:15A-57.2, in no event shall the
				total retirement allowance upon subsequent retirement be a greater proportion
				of final compensation than the proportion to which the member would have been
				entitled had the member remained in service during the period of prior
				retirement.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 9 - WORLD TRADE CENTER ACCIDENTAL DISABILITY › Section 17:2-9.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
P.L.
				  2019, c. 157, the Bill
				  Ricci World Trade Center Rescue, Recovery, and Cleanup Operations Act (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 disability resulting from participation in the 9/11
				  World Trade Center rescue, recovery, or cleanup operations. The purpose of this
				  chapter is to establish the rules necessary to implement the provisions of this
				  law.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 9 - WORLD TRADE CENTER ACCIDENTAL DISABILITY › Section 17:2-9.3 - 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
				subsection;
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 9 - WORLD TRADE CENTER ACCIDENTAL DISABILITY › Section 17:2-9.5 - Calculation of accidental disability

Current through Register Vol. 56, No. 14, July 15, 2024
If a member or retiree is approved for an accidental
				  disability retirement under the provisions of
				  P.L.
				  2019, c. 157, the
				  annual allowance shall be 72.7 percent of the member or retiree's salary at the
				  time of participation in World Trade Center rescue, recovery, or cleanup
				  operations. If a member or retiree was not a member of PERS at the time of
				  participation in World Trade Center rescue, recovery, or cleanup operations,
				  the annual allowance shall be 72.7 percent of the member or retirees' salary at
				  the time of enrollment in PERS.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 10 - COVID-19 ACCIDENTAL DISABILITY › Section 17:2-10.1 - Purpose of this subchapter

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, firefighters, and emergency medical technicians enrolled
				  in the Public Employees' Retirement System (PERS) who are totally and
				  permanently disabled, as a result of contracting COVID-19 during the public
				  health emergency 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 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 10 - COVID-19 ACCIDENTAL DISABILITY › Section 17:2-10.2 - 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.
"Emergency medical technician" means a person who was trained
				  in basic life support services as defined in section 1 at
				  P.L.
				  1985, c. 351 (N.J.S.A. 26.2K-21) and certified by
				  the Department of Health to perform these services, during the public health
				  emergency.
"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 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 10 - COVID-19 ACCIDENTAL DISABILITY › Section 17:2-10.3 - 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, as defined at
				N.J.A.C.
				17:2-10.2;
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 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 10 - COVID-19 ACCIDENTAL DISABILITY › Section 17:2-10.4 - Accidental death in the line of duty (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 direct 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 died 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 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 10 - COVID-19 ACCIDENTAL DISABILITY › Section 17:2-10.5 - Filing requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To
				apply for benefits under 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 required 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 3 - TEACHERS' PENSION AND ANNUITY FUND › Subchapter 1 - ADMINISTRATION › Section 17:3-1.1 - Board meetings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall meet on the first
				Thursday of each month or at such time as may be deemed necessary by the
				Board.
(b) The chairperson may call
				for special meetings when necessary.
(c) Robert's Rules of Order, 11th Edition, is
				incorporated herein by reference, as amended and supplemented, as the source to
				be used by the Board of the TPAF in the conduct of its monthly
				meetings.
(d) Persons audio- or
				video-recording a Board meeting shall inform the Secretary of the Board and
				provide their names and addresses. The location of cameras and recording
				devices shall not obstruct or interfere with the conduct of business by the
				Board, and the Secretary shall assist in identifying an appropriate location
				for such devices.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 3 - TEACHERS' PENSION AND ANNUITY FUND › Subchapter 1 - ADMINISTRATION › Section 17:3-1.2 - Fiscal year

Current through Register Vol. 56, No. 14, July 15, 2024
The transaction of business and control of funds shall be
				  conducted on a July 1 to June 30 fiscal year.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 3 - TEACHERS' PENSION AND ANNUITY FUND › Subchapter 1 - ADMINISTRATION › Section 17:3-1.3 - Officers and committees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The members of
				the Board shall elect a chairperson and vice chairperson from its membership
				for the forthcoming year at its regular meeting held in July. The members of
				the Board shall elect a representative to the State Investment Council pursuant
				to 18A:66-61 and
				17:1-1.1A. A representative to the
				Retirement Systems Actuary Selection Committee, as provided for by
				43:4B-1, shall be elected by the
				Board whenever the selection of a new actuary is needed.
(b) The chairperson of the Board shall
				preside at all meetings. In the absence of the chairperson, the vice
				chairperson shall assume the chairperson's responsibilities. In the absence of
				the chairperson and vice chairperson, another member selected by the majority
				of the members in attendance will preside for that single meeting.
(c) The chairperson and the Secretary of the
				Board shall have the power to act for the Board in all matters which may be
				referred to them by the Board.
(d)
				Pursuant to
				18A:66-61, there shall be one
				standing committee, which is the Finance Committee. The Committee shall be
				appointed at the July Board meeting by the chairperson-elect for the
				forthcoming fiscal year. The Committee shall consist of three members, who
				shall be elected members of the Board. The State Treasurer and the person
				designated to represent the Fund on the State Investment Council shall serve as
				members of the Finance Committee. The Finance Committee shall review all
				investment transactions and financial reports referred to it by the Secretary
				for presentation to the Board at its regular monthly meeting.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 3 - TEACHERS' PENSION AND ANNUITY FUND › Subchapter 1 - ADMINISTRATION › Section 17:3-1.4 - Election of member-trustee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall
				prescribe the manner of election of three trustees from among the active or
				retired membership of the Fund. The three member-trustees shall each serve a
				three-year term, which shall be staggered by designated county group. An
				election of one trustee will occur each year for the group with the expiring
				three-year term. Each term of appointment shall commence on January 1 and
				conclude on December 31.
(b) Any
				member or retiree who wishes to be a candidate for the position of
				member-trustee shall send a written letter of interest to the Secretary of the
				Board by March 1 for the trustee member's term that expires the same year on
				December 31.
(c) To be eligible as
				a candidate for member-trustee, a person must comply with the requirements of
				the New Jersey First Act,
				52:14-7, (which requires having a
				principal residence in New Jersey unless an exemption applies) and must be
				employed in or retired from one of the counties of the group designated for
				electing a trustee that year, in accordance with (d) below.
(d) The county groups for election of a
				member-trustee shall be as follows:
Group A
Group B
Group C
Bergen
Middlesex
Atlantic
Essex
Monmouth
Burlington
Hudson
Morris
Camden
Union
Passaic
Cape May
Somerset
Cumberland
Sussex
Gloucester
Warren
Hunterdon
Mercer
Ocean
Salem
(e)
				Delegates shall be selected annually by each county in the manner described in
				this subsection, regardless of the number of candidates for member-trustee.
1. Each county superintendent's office shall
				be responsible for establishing and implementing the procedure for the
				selection of the delegates/alternates. To qualify to be a delegate or
				alternate, the individual must be an active or retired member of the Fund. The
				county superintendent's office will submit the names of the selected delegates
				and alternates to the Secretary of the Fund annually, for the purpose of
				conducting a vote by ballot for the member-trustee position.
i. Each county shall be entitled to one
				delegate for each 550 members employed in or retired from the county.
ii. Each county shall be entitled to elect
				alternates, the number not to exceed one half of the number of delegates
				elected.
iii. Each county
				superintendent shall have until June 1 to electronically forward to the
				Secretary of the Board the membership numbers, retirement numbers, names,
				mailing addresses, e-mail addresses, and school districts of the delegates and
				alternates. The names of delegates and alternates submitted by June 1 will
				remain active for a period of 12 months for the purpose of conducting a vote in
				accordance with (g), (i), or (j) below.