reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 3 - INSURANCE AND DEATH BENEFITS › Section 17:2-3.12 - Beneficiary designation; pension contributions

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				When a member establishes multiple membership by becoming employed by one or
				more additional employers in an eligible position or positions and files an
				enrollment application, the beneficiaries designated on the most recently
				submitted enrollment application supersede any older designations of
				beneficiaries on file with the Division. However, pursuant to the provisions of
N.J.S.A. 43:15A-25
.2,
				multiple membership is not permitted for those enrolling in the PERS after May
				21, 2010.
(b) All beneficiaries
				must be specifically named.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 3 - INSURANCE AND DEATH BENEFITS › Section 17:2-3.13 - Benefits payable when a member dies with a retirement application pending

Current through Register Vol. 56, No. 14, July 15, 2024
Pursuant to
N.J.S.A.
				  43:15A-50
and
43:15A-50
.1, the person designated as the beneficiary of an
				  optional settlement on the retirement application may request, upon the
				  member's death, that a retirement become effective and that a selection of an
				  optional settlement be made, as authorized by the law. If there is no
				  designated beneficiary for an optional settlement, the person designated as the
				  beneficiary to receive the return of contributions or unpaid benefits due to a
				  retiree at the date of death may make this request. If a beneficiary requests
				  that an optional settlement be made, the death benefits payable on behalf of
				  the member shall be the death benefits payable on behalf of a member who dies
				  after retirement as otherwise provided in the Public Employees' Retirement
				  System Act,
N.J.S.A. 43:15A-1
through
				  141 as amended and supplemented.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 3 - INSURANCE AND DEATH BENEFITS › Section 17:2-3.14 - Acceptable designation of beneficiaries

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				beneficiary designation on a duly executed retirement application that is filed
				with and accepted by the Division supersedes any older designation of
				beneficiary on file. Such beneficiary designation shall include: full name,
				Social Security number, tax identification number (for estates or trusts),
				address, and date of birth. The designation is effective upon acceptance by the
				Division, even if the retirement date on the application is in the future or
				the member cancels the retirement application.
1. The beneficiary or beneficiaries
				designated on the retirement application for the retirement allowance shall be
				the beneficiary or beneficiaries for the return of the member's accumulated
				contributions.
2. If no beneficiary
				designation is in effect at the time of the member's death, or if no one is
				named as beneficiary for the retirement allowance, the Division shall pay the
				benefit to the member's estate.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 3 - INSURANCE AND DEATH BENEFITS › Section 17:2-3.15 - Suspension

Current through Register Vol. 56, No. 14, July 15, 2024
A member suspended without pay will have noncontributory life
				  insurance coverage continued for a period of 93 days following the effective
				  date of such suspension. A member will not be covered by contributory life
				  insurance during a suspension without pay, but may convert the contributory
				  insurance prior to 31 days after the effective date of the suspension. After 93
				  days, the member may also convert the non-contributory group life insurance
				  coverage.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 4 - MEMBERSHIP › Section 17:2-4.1 - Creditable compensation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				compensation of a member subject to pension and group life insurance
				contributions and creditable for retirement and death benefits in the System
				shall mean the base or contractual salary, for services as an employee, which
				is in accordance with established salary policies of the State for all
				employees in the same position, but shall not include extra compensation. Forms
				of compensation that have been identified as extra compensation include, but
				are not limited to:
1. Overtime;
2. Pay for extra work, duty or service beyond
				the normal workday, work year (for 10 month employees) or normal duty
				assignment;
3. Bonuses;
4. Lump-sum payments for longevity, holiday
				pay, vacation, compensatory time, accumulated sick leave, or any other
				purpose;
5. Any compensation which
				the employee or employer has the option of including in base salary;
6. Sell-backs, trade-ins, waivers or
				voluntary returns of accumulated sick leave, holiday pay, vacation, overtime,
				compensatory time or any other payment or benefit in return for an increase in
				base salary. An example of a trade-in is compensation added to base salary or
				to salary in a new contract that correlates with compensation on an excluded
				item in an old contract (for example, clothing allowance);
7. Individual retroactive salary adjustments
				where no sufficient justification is provided that the adjustment was granted
				primarily for a reason other than retirement;
8. Individual adjustments to place a member
				at the maximum of his or her salary range in the final year of service where no
				sufficient justification is provided that the adjustment was granted primarily
				for a reason other than retirement;
9. Compensation in the absence of
				services;
10. Increments or
				adjustments in recognition of the member's forthcoming retirement;
11. Any form of compensation that is not
				included in the base salary of all employees in the same position or covered by
				the same collective bargaining agreement who are members of the PERS and who
				receive the compensation;
12.
				Retroactive increments or adjustments made at or near the end of a member's
				service, unless the adjustment was the result of an across-the-board adjustment
				for all similarly situated personnel;
13. Any form of compensation which is not
				included in a member's base salary during some of the member's service and is
				included in the member's base salary upon attainment of a specified number of
				years of service; and
14.
				Compensation for performing temporary duties beyond the regular work day or
				shift.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 4 - MEMBERSHIP › Section 17:2-4.2 - Leave with pay

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a member is
				granted a leave of absence with sufficient salary to cover a full normal
				contribution, including any arrears or loan payments, the privilege of the
				member to obtain credit on the basis of such salary shall not extend beyond six
				months from the date of the leave.
(b) If the leave with pay extends beyond six
				months, the member will be required to make contributions only if the member is
				receiving 50 percent or more of regular base salary.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 4 - MEMBERSHIP › Section 17:2-4.3 - School year members; 10 and 12 months

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Ten month
				members who are employed for the full normal school year, September through
				June, are entitled to receive service credit for July and August. Members will
				not receive service credit for months during the normal school year, September
				through June, when they do not work and are not on a paid leave of
				absence.
(b) A 12 month member is
				presumed to work each month of the fiscal year.
(c) Not more than one year's service credit
				will be given during any period of 12 consecutive months.
(d) If a member terminates a position that
				requires less than 12 months to constitute one full year of service at the end
				of the normal academic school year and accepts a 12-month position with the
				same employer or another employer that participates in the PERS and begins
				employment on or before the date that was established by the previous year's
				contract position, such member will receive service credit within the PERS for
				the period between the end of the previous contract and the new 12-month
				position.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 4 - MEMBERSHIP › Section 17:2-4.4 - Loan tolerance

Current through Register Vol. 56, No. 14, July 15, 2024
Interest will be calculated on a periodic basis on the
				  unpaid loan balance. If scheduled payments are not paid timely, interest will
				  be accrued and added to the remaining outstanding loan balance. If, at the end
				  of the loan schedule, there is a balance of less than $ 50.00, it will be
				  written off. If the balance is equal to or greater than $ 50.00, the member
				  will be assessed.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 4 - MEMBERSHIP › Section 17:2-4.6 - Minimum adjustment

Current through Register Vol. 56, No. 14, July 15, 2024
In order to facilitate the reconciliation of a member's
				  account upon death, no refunds or additional contributions shall be made to a
				  member's loan and arrearages balances, if such adjustments involve amounts of $
				  50.00 or less. Unresolved differences of $ 50.00 or less will be written
				  off.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 4 - MEMBERSHIP › Section 17:2-4.7 - Part-time hourly, on-call or per diem salary

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Deductions from
				the salary of a member who is paid on a part-time hourly, on-call or per diem
				basis and who does not have an annual contractual base salary shall be
				calculated using actual creditable salary earned. If a member's actual
				creditable salary should drop below one-twelfth of the minimum threshold salary
				required for enrollment into the PERS for 12-month employees or one-tenth of
				the minimum threshold salary required for enrollment into the PERS for 10-month
				employees, pension contributions shall not be deducted from that member's
				creditable salary, and pension credit shall not be earned, for that
				month.
(b) A member's creditable
				salary shall be reviewed by the employer at the end of each calendar year. If
				the minimum threshold salary has not been met for the previous year, and is not
				expected to be met in the commencing year, the member's status shall become
				that of an inactive member.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 4 - MEMBERSHIP › Section 17:2-4.8 - Military leave prior to August 1, 1974; employer contributions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				following conditions apply to employer contributions for service during
				military leave prior to August 1, 1974:
1.
				Military leave contributions remitted by an employer on behalf of an employee
				who does not return to the payroll for the minimum 90-day period required by
N.J.S.A. 43:15A-41
.a,
				shall be retained by the System. Such contributions shall be transferred from
				the annuity savings fund to the contingent reserve fund.
2. Military leave contributions remitted by
				an employer shall be based on the employee's salary at the time the member
				entered military service.
3.
				Payroll as referred to above shall be interpreted to mean any public payroll in
				New Jersey, not necessarily the payroll of the employer where the member was
				employed when the member entered military service.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 4 - MEMBERSHIP › Section 17:2-4.10 - Waiver of retirement benefits upon withdrawal

Current through Register Vol. 56, No. 14, July 15, 2024
Any member who makes application for withdrawal from the
				  System and who may otherwise be eligible to make application for a retirement
				  benefit, shall be required to execute and file a statement with the System,
				  setting forth the benefits the member is waiving in favor of withdrawal, before
				  the member's application for withdrawal may be processed. If a member is
				  eligible to begin receiving a monthly retirement allowance (age 60 or more, or
				  25 years or more of credited service for members who enrolled before November
				  2, 2008; or age 62 or more or 25 years or more of credited service for members
				  who enrolled between November 2, 2008 and June 27, 2011; or age 65 or more or
				  30 years or more of credited service for members who enrolled on or after June
				  28, 2011), the Division shall inform the member how to obtain the estimated
				  amount of the retirement allowance and shall require the member to sign a
				  waiver of such benefits, should the member still wish to
				  withdraw.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 4 - MEMBERSHIP › Section 17:2-4.11 - Termination; withdrawal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Under the terms
				of the statutes a member may withdraw from the System only if the member
				terminates all employment.
(b) To
				effect a withdrawal, members are required to submit withdrawal applications
				over the Internet, using a secure account established by the member through the
				Division's Member Benefits Online System (MBOS). For members who establish that
				they cannot submit a withdrawal application online, a paper Application for
				Withdrawal will be accepted.
(c) 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 to the PERS, the full amount of contributions with interest before the
				account may be reinstated.
4. A
				multiple member has not terminated employment in all covered
				positions.
5. The member has a
				claim pending for Workers' Compensation benefits unless the member signs a
				waiver indicating that the member still wishes to withdraw.
6. The member has a pending retirement
				application, unless the member agrees to rescind such application.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 4 - MEMBERSHIP › Section 17:2-4.12 - Deductions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A full pension
				and contributory insurance deduction shall be taken for the PERS in any payroll
				period (monthly or biweekly) in which the member is paid a sufficient amount to
				make a full normal deduction, plus any other arrears or loan deductions then in
				effect.
(b) No deductions shall be
				taken, nor service credit given, in any pay period for employers who report on
				a biweekly basis or in any month, for employers who report on a monthly basis,
				in which the employee's salary is not sufficient to cover the required
				deductions for the PERS.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 4 - MEMBERSHIP › Section 17:2-4.13 - Active employment; membership requirement

Current through Register Vol. 56, No. 14, July 15, 2024
All employees, otherwise eligible, who are not actively
				  employed on the date of their enrollment will not be covered by the group life
				  insurance program until the day they return to service.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 4 - MEMBERSHIP › Section 17:2-4.14 - Continuance of membership; transfer

Current through Register Vol. 56, No. 14, July 15, 2024
Once an employee establishes membership in the PERS, a member
				  who has maintained an active membership account is eligible to continue such
				  active membership, should the member be temporarily employed in a position
				  covered by the System.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 4 - MEMBERSHIP › Section 17:2-4.15 - Ineligible service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Members will
				not be granted, nor may they purchase, prior service or membership credit for
				the following employment:
1. Honorary
				positions, without salary;
2. Motor
				vehicle agents or as non-State employees of the agent; and
3. Licensing agent of the Division of Fish,
				Game and Shellfisheries or as non-State employee of the agent; or
4. As an employee of an employer that is
				ineligible to participate in the PERS, but who provides services to an employer
				who participates in the PERS.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 4 - MEMBERSHIP › Section 17:2-4.16 - Creditable service; Law Enforcement Officers

Current through Register Vol. 56, No. 14, July 15, 2024
Two percent service credit for Law Enforcement Officer
				  members is that service rendered in the capacity of a Law Enforcement Officer
				  for which the member has paid at the Law Enforcement Officer rate of
				  contribution unless as otherwise provided by the statute.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 4 - MEMBERSHIP › Section 17:2-4.17 - Maximum compensation limit for pension contributions based upon annual maximum wage contribution base for Social Security

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Members
				who are enrolled on or after July 1, 2007 are subject to a maximum compensation
				limit for pension contributions. The maximum compensation limit is based on the
				annual maximum wage contribution base for Social Security, which is subject to
				change each calendar year. Compensation above the maximum will be subject to
				Defined Contribution Retirement Program (DCRP) rules.
(b) Members enrolled in the PERS who also
				participate in the DCRP based on (a) above will receive service credit in their
				corresponding PERS account and will be eligible to retire under the rules of
				the PERS. The salaries used in the calculation of the retirement benefits are
				limited to the maximum compensation amounts in effect when the salary is
				earned.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 5 - PURCHASES AND ELIGIBLE SERVICE › Section 17:2-5.1 - Eligibility for purchase

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Only active
				members of the System who are currently contributing, or who have contributed
				within the last two years to the System, shall be eligible to make application
				for purchase of service credit. Active members who are not currently
				contributing to the PERS, 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) The Division will make
				an exception to the MBOS Purchase Application requirement and accept a Purchase
				Application in printed form under the following circumstances only:
1. A member is applying to purchase military
				service after enrollment under the provisions of the Uniformed Services
				Employment and Reemployment Rights Act of 1994 (USERRA); or
2. A member is applying to purchase a leave
				of absence for union representation, as this type of purchase must be purchased
				quarterly.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 5 - PURCHASES AND ELIGIBLE SERVICE › Section 17:2-5.2 - New enrollment purchase or rate adjustment

Current through Register Vol. 56, No. 14, July 15, 2024
Upon enrollment or reenrollment, a veteran shall contribute
				  at the percent rate applicable to the age resulting from the subtraction of his
				  or her years of prior service (pre-1955) from the date he or she began his or
				  her present employment or the date of enrollment, whichever is later, provided
				  that the member submits satisfactory evidence of prior public employment in New
				  Jersey.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 5 - PURCHASES AND ELIGIBLE SERVICE › Section 17:2-5.3 - Reestablishing military leave credit

Current through Register Vol. 56, No. 14, July 15, 2024
Veterans who terminated membership before January 1, 1955,
				  and whose withdrawal of contributions included contributions paid by their
				  employers during a period of military leave, shall receive veteran prior
				  service credit for only the periods during which they actually contributed.
				  They can receive additional membership credits for the periods of military
				  leave if they redeposit the amounts of employer contributions, plus regular
				  interest to the date of their authorizations of such purchases.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 5 - PURCHASES AND ELIGIBLE SERVICE › Section 17:2-5.4 - Compulsory contributions (back deductions)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An
				employee who was required to enroll and whose application was filed beyond his
				or her compulsory date of enrollment will be required to make retroactive
				contributions to the date of compulsory enrollment. Contributions will be
				calculated on the basis of the member's current salary at the current pension
				rate of contribution assigned as of his or her compulsory date of enrollment
				with regular interest. For members enrolled on or after July 1, 2007, the
				member's salary for each calendar year will be limited by the maximum
				compensation as determined by
N.J.A.C.
				17:2-4.17
.
(b) Veterans who were ineligible to establish
				membership in a local contributory pension fund and who elect to enroll in
				accordance with the provisions of P.L. 1966, c. 71, must agree, prior to their
				enrollment, to purchase all continuous public employment with the same employer
				since January 1, 1955, or the date of their regular appointment. The purchase
				of service will be calculated on the basis of their current salary multiplied
				by the actuarial factor established for the member's age at the time of
				purchase.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 5 - PURCHASES AND ELIGIBLE SERVICE › Section 17:2-5.6 - Methods of payment for purchase of service credit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Methods of
				payment include the following:
1. Lump
				sum;
2. Partial lump sum; balance
				by additional payroll deductions; or
3. Additional payroll deductions equal to at
				least one-half of the full regular pension deduction for a maximum period of 10
				years.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 5 - PURCHASES AND ELIGIBLE SERVICE › Section 17:2-5.8 - Per diem credit

Current through Register Vol. 56, No. 14, July 15, 2024
For the purchase of granting prior service credit for
				  service performed on a per diem, hourly, on-call, or as-needed basis, credit
				  shall be prorated and granted on the basis of 10 days equal one month of
				  credit.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 5 - PURCHASES AND ELIGIBLE SERVICE › Section 17:2-5.11 - Service ineligible for purchase

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A member will
				not be granted, nor may a member purchase, prior service or membership credit,
				including, but not limited to, the following situations:
1. Service rendered outside of the United
				States, with the exception of service rendered to a local school board in
				territories or possessions of the United States, Washington, DC, and the Canal
				Zone;
2. Additional service credit
				for U.S. Government or out-of-State employment periods during leaves of
				absence;
3. Service rendered that
				is concurrent with service time or employment for which the member has received
				membership service credit in the System;
4. Any service rendered that was covered by
				the Alternate Benefits Program (ABP) or another defined contribution plan,
				including any service associated with pension contributions transferred to the
				ABP;
5. A period of time when a
				member was on a suspension without pay during his or her employment;
				or
6. Any public service that was
				not eligible for either compulsory or optional enrollment in a
				public-administered retirement system at the time the service was
				rendered.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 5 - PURCHASES AND ELIGIBLE SERVICE › Section 17:2-5.12 - Correction of errors for prior service credit

Current through Register Vol. 56, No. 14, July 15, 2024
If errors have been made, correction and adjustment of prior
				  service shall occur in accordance with the provisions of
N.J.S.A.
				  43:15A-54
. Credit for all previous
				  service established under the provisions of P.L. 1974, c. 104 (
N.J.S.A. 43:15A-54
), and
				  payment therefore, shall be calculated on the basis of salaries received during
				  the period of such service with applicable regular interest. The pension rate
				  of contribution will be determined as of the member's compulsory date of
				  enrollment.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 5 - PURCHASES AND ELIGIBLE SERVICE › Section 17:2-5.13 - Lump sum purchases

Current through Register Vol. 56, No. 14, July 15, 2024
If a purchase is paid in a lump sum, the member shall receive
				  full credit for the amount of service covered by the purchase upon receipt of
				  the lump sum payment. The service may be used for any purchase for which it is
				  authorized under the Public Employees' Retirement System Act (
N.J.S.A. 43:15A-1
et
				  seq.) and this chapter.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:2-6.2 - Effective date

Current through Register Vol. 56, No. 14, July 15, 2024
A member's retirement allowance shall not become due and
				  payable until 30 days after the date the Board approved the application for
				  retirement or 30 days after the date of the retirement, whichever is
				  later.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:2-6.3 - Effective dates; change

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				provided by
N.J.A.C. 17:2-6.1
and
6.7
, a member shall have the right to withdraw, cancel, or
				change an application for retirement at any time before the member's retirement
				allowance becomes due and payable through MBOS or by sending a written request
				signed by the member. Thereafter, the retirement shall stand as approved by the
				Board.
(b) If a member requests a
				change of retirement date or option selection before the member's 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 30 days have elapsed following the effective date or the date the Board
				met and approved the change in the member's retirement application, whichever
				is later.
(c) The effective date of
				a deferred retirement is determined by a member's enrollment date:
1. For members who enrolled in the PERS prior
				to November 2, 2008, and submit an application for deferred retirement, a
				deferred retirement shall become effective on the first of the month following
				the member's 60th birthday. Should the member's birthday fall on the first of
				the month, the member may elect the retirement to commence on that date,
				provided that an application is received by the Division in accordance with
N.J.A.C.
				17:2-6.1
;
2. For members who enrolled in the PERS
				between November 2, 2008 and June 27, 2011, and submit an application for
				deferred retirement, a deferred retirement shall become effective on the first
				of the month following the member's 62nd birthday. Should the member's 62nd
				birthday fall on the first of the month, the member may elect for the
				retirement to commence on that date, provided that an application is received
				by the Division in accordance with
N.J.A.C.
				17:2-6.1
; and
3. For members who enrolled in the PERS after
				June 28, 2011, and submit an application for deferred retirement, a deferred
				retirement shall become effective on the first of the month following the
				member's 65th birthday. Should the member's 65th birthday fall on the first of
				the month, the member may elect for the retirement to commence on that date,
				provided that an application is received by the Division in accordance with
N.J.A.C.
				17:2-6.1
.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:2-6.4 - Outstanding loan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A member who has an outstanding loan
				balance at the time of retirement may repay the loan balance, with accrued
				interest, as follows:
1. In full before the
				retirement allowance becomes due and payable as provided in
				17:2-6.2; or
2. By deductions from retirement benefit
				payments of the same monthly amount deducted from the member's compensation
				immediately preceding retirement until the loan balance, with accrued interest,
				is repaid, as authorized by
N.J.S.A.
				43:15A-34
.1. 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 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:2-6.5 - Willful negligence

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Willful negligence is defined as:
1. Deliberate act or deliberate failure to
				act;
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 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:2-6.7 - Disability determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A member
				enrolled in the System before May 21, 2010, for whom an application for an
				accidental disability retirement allowance has been filed, will be retired on
				an ordinary disability retirement benefit if the Board finds that:
1. The applicant was considered a member at
				the time of filing the application for a disability retirement allowance or is
				covered by the provisions of
				17:2-6.1 5;
2. The member is physically or mentally
				incapacitated for the performance of duty at the time the member terminates
				employment as a result of the disabling condition identified on the Accidental
				Disability retirement application, and should be retired;
3. The member is not eligible for accidental
				disability since the incapacity is not a direct result of a traumatic event
				occurring during and as a result of the performance of the member's regular or
				assigned duties; and
4. The member
				meets the service requirement for ordinary disability.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:2-6.8 - Option selection; accidental disability denied

Current through Register Vol. 56, No. 14, July 15, 2024
If an applicant for an accidental disability retirement is
				  rejected for an accidental disability retirement but is approved by the Board
				  for retirement, in accordance with
N.J.A.C.
				  17:2-6.7
, the applicant will be
				  permitted within 30 days following Board approval of the retirement, to amend
				  the option selection that the applicant made on the original accidental
				  disability retirement application.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:2-6.9 - Employer and employee notices

Current through Register Vol. 56, No. 14, July 15, 2024
If an applicant for an accidental disability retirement is
				  found to be physically or mentally incapacitated for the performance of duty
				  but is rejected for an 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 System 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 System.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:2-6.10 - Involuntary disability application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an
				application for an accidental disability retirement benefit or for an ordinary
				disability retirement benefit is filed by an employer for one of its employees
				enrolled in the System before May 21, 2010, the member will be promptly
				notified by letter that:
1. The member's
				employer 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 member's
				employer 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.
				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;
4. The
				member will be required to appear for an examination before a physician
				designated to conduct such an examination for the PERS;
5. 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 maximum retirement option, if the member does
				not file a completed "Application for Disability Retirement Allowance" setting
				forth the type of allowance the member desires, before the retirement goes into
				effect; and
6. In the event the
				Board finds that the member is not totally and permanently incapacitated for
				the performance of duty, the employer's application shall be disallowed and the
				employer shall be informed that the member should be returned to
				duty.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:2-6.11 - Early retirement; reduction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				qualifications for an "early retirement" depend on a member's date of
				enrollment in the PERS, and are as follows:
1.
				For a member whose enrollment date is on or before July 1, 2007:
i. Retirement with 25 or more years of
				credited service before the first of the month in which a member attains age 60
				shall be classified as an "early" retirement, unless the member retires on a
				veteran's retirement allowance.
ii.
				The statutory reduction of 1/4 of one percent applies to each month prior to
				the month in which the member attains age 55 and for the month in which the
				member attains age 55 if the member's 55th birthday occurs after the 15th day
				of the month.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:2-6.12 - Service retirement; eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				qualifications for a "service retirement" depend on a member's date of
				enrollment in the PERS:
1. A member whose
				enrollment date is before November 2, 2008, becomes eligible for a "Service"
				retirement on the first of the month following the member's 60th birthday. If
				the member's 60th 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
N.J.S.A.
				43:15A-47
.a, and requests that
				date.
2. A member whose enrollment
				date is between November 2, 2008 and June 27, 2011, becomes eligible for a
				"Service" retirement on the first of the month following the member's 62nd
				birthday. At the election of a member, if the member's 62nd 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
N.J.S.A. 43:15A-47
.a, and
				requests that date.
3. A member
				whose enrollment date is after June 27, 2011, becomes eligible for a "Service"
				retirement on the first of the month following the member's 65th birthday. At
				the election of a member, if the member's 65th 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
N.J.S.A.
				43:15A-47
.a, and requests that
				date.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:2-6.13 - Disability retirant; annual medical examinations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				disability retirants under the age of 60 may be required to undergo a medical
				examination each year for a maximum period of five years by a physician
				designated by the System as of the anniversary date of their retirement, unless
				such examination requirement has been waived by the Board.
(b) Failure on the part of a retirant to
				submit to the required medical examination shall result in the automatic
				suspension of the retirant's retirement allowance until the retirant submits to
				a medical examination.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:2-6.14 - Disability retirant; annual report (employment, earnings, test and adjustment)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				43:15A-44, if a disability
				retirant is engaged in gainful employment that does not require reenrollment in
				the PERS, then the amount of the retirant's pension benefit and cost-of-living
				increases based on the pension benefit, but not the annuity benefit, shall be
				reduced to an amount, which when added to the amount then earned, shall not
				exceed the amount of salary now attributable to the position from which the
				member retired.
1. For the purposes of
				determining the amount of salary attributable to the position from which the
				member retired, the Division shall apply the salary assumption used by the
				System's actuaries in each calendar year of retirement to the retirant's final
				year's salary.
2. If the retirant
				can prove through written verification from the former employer that the salary
				for the position from which the member retired is higher than that assumed
				under the provisions of (a)1 above, the Division shall use that salary to
				determine what reduction in benefits should be made.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:2-6.15 - Disability retirements; filing after more than two years' discontinuance of service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Following the filing of a disability
				retirement application, a vested member, who has not withdrawn contributions
				from the PERS, and has discontinued service for more than two consecutive
				years, and who was otherwise eligible for a disability retirement at the time
				service was discontinued, shall be approved to receive disability retirement
				benefits by the Board, if:
1. The applicant
				demonstrates to the satisfaction of the Board that the applicant was physically
				or mentally incapacitated for the performance of duty at the time service was
				discontinued and continues to be so incapacitated, with the same disability or
				disabilities, at the time of filing; and
2. The applicant factually demonstrates to
				the satisfaction of the Board that service was discontinued because of the
				disability or disabilities.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:2-6.16 - Compulsory retirement; Law Enforcement Officers (LEO)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Members
				classified as "Law Enforcement Officers" shall be retired automatically by the
				Board as of the compulsory retirement date established pursuant to
				43:15A-99.
(b) Should a member classified as a Law
				Enforcement Officer fail to file an application with the Division before the
				member's compulsory retirement date, the member shall be granted the maximum
				allowance payable on the member's account; however, no retirement checks will
				be disbursed until the member files the required application.
(c) If an application is not filed with the
				Division before a period of 30 days has elapsed after the Board has acted on
				the member's retirement, the member shall not be eligible to exercise any of
				the available retirement survivorship options and the member's retirement on
				maximum allowance shall stand as approved.
(d) When such a member files an application
				with the Division, the member shall be eligible to receive retirement benefits
				for the months that have elapsed since the date of the member's compulsory
				retirement, provided satisfactory evidence is received to show that the member
				terminated employment as of the member's compulsory retirement date.
(e) No retirement benefits shall be paid for
				any period the member continued in service beyond the compulsory retirement
				date, nor shall the member receive any credit for retirement purposes for
				salary received or service rendered beyond the compulsory retirement
				date.
(f) A LEO member who is also
				enrolled as a non-LEO member cannot continue the LEO membership or employment
				in the LEO capacity beyond age 65 should the member continue membership on the
				basis of the non-LEO position per
				43:15A-99.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:2-6.17 - Approved allowance

Current through Register Vol. 56, No. 14, July 15, 2024
When a retirement allowance becomes effective pursuant to
				  17:2-6.2, the type of retirement
				  benefit and option elected shall stand as approved.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:2-6.18 - Option 1 benefit

Current through Register Vol. 56, No. 14, July 15, 2024
The reserve established under the provisions of Option 1
				  shall be a form of reducing term insurance, as the reserve shall reduce in
				  value by the amount of the retirant's regular monthly allowance, whether
				  received or not, for each month that the retirant survives after the effective
				  date of retirement.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 6 - RETIREMENT › Section 17:2-6.20 - Final compensation; 10- and 12-month members reported monthly

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Final
				compensation for 10- and 12-month members depends on a member's date of
				enrollment. For members enrolled on or before May 10, 2010:
1. In order to determine the final
				compensation (three-year average) for benefits of a member reported on a
				monthly basis under a 10-month contract, the creditable salaries upon which
				contributions were made to the System for the member's final 30 months, or the
				highest three fiscal years of pensionable service, 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.
2. In order to determine the final
				compensation (three-year average) for benefits of a member reported on a
				monthly basis under a 12-month contract, the creditable salaries upon which
				contributions were made to the System for the member's last 36 months or the
				highest three fiscal years of pensionable service, 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.