reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 17 - COMPLIANCE WITH INTERNAL REVENUE CODE › Section 17:1-17.3 - Compliance with 26 U.S.C. 401(a)(17) for the limitation on compensation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				43:3C-9.3 and 9.4, effective with
				respect to plan years beginning on and after July 1, 2002, the annual
				compensation of a plan member that exceeds $ 200,000 (as adjusted for
				cost-of-living increases in accordance with
				26 U.S.C.
				§
										401(a)(17)(B) may not
				be taken into account in determining benefits or contributions due for any plan
				year. Annual compensation means compensation during the plan year or such other
				consecutive 12-month period over which compensation is otherwise determined
				under the plan, referred to as the determination period. The cost-of-living
				adjustment in effect for a calendar year applies to annual compensation for the
				determination period that begins with or within such calendar year. If the
				determination period consists of fewer than 12 months, the annual compensation
				limit is an amount equal to the otherwise applicable annual compensation limit
				multiplied by a fraction, the numerator of which is the number of months in the
				short determination period, and the denominator of which is 12. If the
				compensation for any prior determination period is taken into account in
				determining a plan member's contributions or benefits for the current plan
				year, the compensation for such prior determination period is subject to the
				applicable annual compensation limit in effect for that prior period.
(b) For members enrolled prior to July 1,
				1996, (except members of the Defined Contribution Retirement Plan) the annual
				compensation limit in
				26 U.S.C.
				401(a)(17) shall not apply,
				if the employer of the member at retirement filed the necessary certification
				prior to July 1, 1997, with the Division of Pension and Benefits.
(c) The determination period under this
				section is the calendar year.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 17 - COMPLIANCE WITH INTERNAL REVENUE CODE › Section 17:1-17.5 - Compliance with USERRA and the HEART Act

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Effective with
				respect to deaths occurring on or after January 1, 2007, while a member is
				performing qualified military service (as defined in 38 U.S.C. Chapter 43), to
				the extent required by
				26 U.S.C.
				§
										401(a)(37), survivors
				of a member in a retirement system, are entitled to any additional benefits
				that the system would provide if the member had resumed employment and then
				died, such as accelerated vesting or survivor benefits that are contingent on
				the member's death while employed. In any event, a deceased member's period of
				qualified military service must be counted for vesting purposes.
(b) Beginning January 1, 2009, to the extent
				required by
				26 U.S.C. §§
										414(u)(12) and
				3401(h),
				an individual receiving a differential wage payment as defined under
				26
				U.S.C. §
										3401(h)(2)
				from an employer shall be treated as employed by that employer, and the
				differential wage payment shall be treated as compensation for purposes of
				applying the limits on annual additions under
				26
				U.S.C. §
										415(c). This
				provision shall be applied to all similarly situated individuals in a
				reasonably equivalent manner.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 17 - COMPLIANCE WITH INTERNAL REVENUE CODE › Section 17:1-17.6 - Compliance with 26 U.S.C. 414(p) for qualified domestic relations orders

Current through Register Vol. 56, No. 14, July 15, 2024
Pursuant to
				  43:3C-9.1, if benefits are payable
				  pursuant to a domestic relation court order that meets the requirements of a
				  domestic relations order as defined in
				  26 U.S.C. §
										414(p), then the applicable
				  provisions of
				  26 U.S.C. §
										414(p) shall be followed by
				  the retirement system.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 17 - COMPLIANCE WITH INTERNAL REVENUE CODE › Section 17:1-17.7 - Compliance with 26 U.S.C. 415 limitations on contributions and benefits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions
				of 43:3C-9.2 shall be applied as
				specified in this section. Except as otherwise provided in this section, this
				section applies to limitation years beginning on and after January 1,
				2010.
(b) For purposes of
				43:3C-9.2 and compliance with
				26
				U.S.C. §
										415, the "limitation year"
				shall be the calendar year.
(c) The
				following is the basic 415(b) Limitation for the Defined Benefit Retirement
				Systems:
1. For purposes of
				26
				U.S.C. §
											415(b), the
				"annual benefit" means a benefit payable annually in the form of a straight
				life annuity (with no ancillary benefits) without regard to the benefit
				attributable to after-tax employee contributions (except pursuant to
				26
				U.S.C. §
											415(n) ) and
				to rollover contributions (as defined in
				26
				U.S.C. §
											415(b)(2)(A)
				). The "benefit attributable" shall be determined in accordance with 26 CFR
				1.415(b)-1(b)2.
2. Before January
				1, 1995, a member may not receive an annual benefit that exceeds the limits
				specified in
				26
				U.S.C. §
											415(b),
				subject to the applicable adjustments in that section. On and after January 1,
				1995, a member may not receive an annual benefit that exceeds the dollar amount
				specified in
				26
				U.S.C. §
											415(b)(1)(A),
				subject to the applicable adjustments in
				26
				U.S.C. §
											415(b) and
				subject to any additional limits that may be specified in the retirement
				system. In no event shall a member's benefit payable under the system in any
				limitation year be greater than the limit applicable at the annuity starting
				date, as increased in subsequent years pursuant to section 415(d) of the
				Federal Internal Revenue Code and the regulations there under.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 17 - COMPLIANCE WITH INTERNAL REVENUE CODE › Section 17:1-17.8 - Normal retirement age for the Public Employees' Retirement System

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				In addition to any other vesting provided by State law and in accordance with
				Internal Revenue Service guidance, a member's benefit is nonforfeitable upon
				attainment of the normal retirement age, which is as follows:
1. For PERS General:
i. Age 60 for persons who become members
				before November 2, 2008 (Tier 1 and Tier 2);
ii. Age 62 for persons who become members on
				or after November 2, 2008 (Tier 3 and Tier 4); and
iii. Age 65 for persons who become members on
				or after June 28, 2011 (Tier 5);
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 17 - COMPLIANCE WITH INTERNAL REVENUE CODE › Section 17:1-17.9 - Normal retirement age for the Teachers' Pension and Annuity Fund

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to
				any other vesting provided by State law and in accordance with Internal Revenue
				Service guidance, a member's benefit is nonforfeitable upon attainment of the
				normal retirement age, which is as follows:
1. Age 60 for persons who become members
				before November 2, 2008 (Tier 1 and Tier 2);
2. Age 62 for persons who become members on
				or after November 2, 2008 (Tier 3 and Tier 4); or
3. Age 65 for persons who become members on
				or after June 28, 2011.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 17 - COMPLIANCE WITH INTERNAL REVENUE CODE › Section 17:1-17.10 - Normal retirement age for the Police and Firemen's Retirement System

Current through Register Vol. 56, No. 14, July 15, 2024
In addition to any other vesting provided by State law and
				  in accordance with Internal Revenue Service guidance, a member's benefit is
				  nonforfeitable upon attainment of age 55, which is the normal retirement age
				  under the retirement system.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 17 - COMPLIANCE WITH INTERNAL REVENUE CODE › Section 17:1-17.11 - Normal retirement age for the State Police Retirement System

Current through Register Vol. 56, No. 14, July 15, 2024
In addition to any other vesting provided by State law and
				  in accordance with Internal Revenue Service guidance, a member's benefit is
				  nonforfeitable upon attainment of age 55, which is the normal retirement age
				  under the retirement system.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 17 - COMPLIANCE WITH INTERNAL REVENUE CODE › Section 17:1-17.12 - Normal retirement age for the Judicial Retirement System

Current through Register Vol. 56, No. 14, July 15, 2024
In addition to any other vesting provided by State law and
				  in accordance with Internal Revenue Service guidance, a member's benefit is
				  nonforfeitable upon attainment of age 60, which is the normal retirement age
				  under the retirement system.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 17 - COMPLIANCE WITH INTERNAL REVENUE CODE › Section 17:1-17.13 - Actuarial factors for the various retirement systems

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The table of
				annuity values and option factors for use in calculating benefits for the
				applicable retirement system, as required by State law, shall be the tables
				prepared by the actuary at the direction of the board of trustees and adopted
				by the board of trustees by resolution, in accordance with
				43:3C-13.
(b) The "Table of Annuity Values and Option
				Factors October, 2005" for the Public Employees' Retirement System of New
				Jersey and the Teachers' Pension and Annuity Fund of New Jersey is incorporated
				herein by reference, and is applicable to the New Jersey Public Employees'
				Retirement System, the New Jersey Teachers' Pension and Annuity Fund, and the
				New Jersey Judicial Retirement System. The table is available by contacting the
				Division of Pensions and Benefits at P.O. Box 295, Trenton, NJ 08625-0295.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 17 - COMPLIANCE WITH INTERNAL REVENUE CODE › Section 17:1-17.14 - Retiree reemployment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Definitions.
				For purposes of this section, the following words and terms shall have the
				following meanings:
1. "Defined benefit
				plans" means the following: Public Employees' Retirement System, Teachers'
				Pension and Annuity Fund, Police and Firemen's Retirement System, State Police
				Retirement System, Judicial Retirement System, Prison Officers' Pension Fund,
				and Consolidated Police and Firemen's Pension Fund.
2. "Bona fide severance from employment"
				means a complete termination of the employee's employment relationship with the
				employer for a period of at least 180 days. The following does not constitute a
				complete termination of the employee's relationship with the employer:
i. Employment or reemployment in a part-time
				position;
ii. Employment or
				reemployment in a position that is not covered by the Defined Benefit
				Plan;
iii. A change in
				title;
iv. Employment or
				reemployment as a contract employee, a leased employee, or an independent
				contractor; or
v. Termination of
				employment with a pre-arranged agreement for reemployment.
Federal Internal Revenue Service factors shall be used as
				  guidance in determining whether an employment relationship exists. A mandatory
				  retirement shall be treated as a bona fide severance from employment.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 17 - COMPLIANCE WITH INTERNAL REVENUE CODE › Section 17:1-17.15 - Defense of Marriage Act

Current through Register Vol. 56, No. 14, July 15, 2024
For purposes of interpreting the New Jersey statutes and
				  Administrative Code provisions that apply to the retirement systems, the term
				  "spouse" shall be interpreted in accordance with the Federal Defense of
				  Marriage Act to the extent required by that law and guidance issued by the
				  Internal Revenue Service.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 1 - ADMINISTRATION › Section 17:2-1.1 - Board meetings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board of Trustees shall meet on the
				third Wednesday of each month or at such other time as may be deemed necessary
				by the Board.
(b) The chairperson
				or Secretary may call for special meetings when necessary.
(c) 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 nor
				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 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 1 - ADMINISTRATION › Section 17:2-1.2 - Fiscal year

Current through Register Vol. 56, No. 14, July 15, 2024
The transaction of business and control of finance shall be
				  conducted on a July 1 to June 30 fiscal year.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 1 - ADMINISTRATION › Section 17:2-1.3 - 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. A representative to
				the Pension System Actuary Selection Committee, as provided for by
N.J.S.A. 43:4B-1
, shall
				be elected by the Board whenever the selection of a new actuary is needed. A
				representative to the State Investment Council shall be elected pursuant to
N.J.S.A. 52:18A-83
and
N.J.A.C. 17:1-1.1A
, from
				its membership for the forthcoming year at its regular meeting held in
				July.
(b) The chairperson of the
				Board shall preside at all of its 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 any
				matter which may be referred to them by the Board.
(d) There shall be one standing committee,
				which is the Finance Committee, pursuant to
N.J.S.A.
				43:15A-32
. The Committee shall be
				appointed by the chairperson at the July meeting for the forthcoming fiscal
				year. The Secretary shall provide all investment transactions and financial
				reports for presentation to the Board at its regular monthly meetings. The
				Committee shall consist of five members, at least three of whom shall be
				elected members of the various Boards of Trustees of the State-administered
				retirement systems.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 1 - ADMINISTRATION › Section 17:2-1.4 - Election of member-trustee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The procedures
				as required by
N.J.S.A.
				43:15A-17
for the election of a
				State, municipal, or county trustee representative to the Board are set forth
				in this section. For purposes of this section, the election cycle begins upon
				distribution of the notice of election and ends with the certification of the
				results by the Board.
(b) Eligible
				candidates shall include any active or retired member of the PERS. Only State
				members may seek State seats, only municipal members may seek municipal seats,
				and only county members may seek county seats on the Board. All candidates
				shall comply with any and all requirements as provided by law and this chapter,
				including the requirements of the New Jersey First Act,
N.J.S.A.
				52:14-7
, which requires having a
				principal residence in New Jersey, unless an exemption applies. Any candidate
				who fails to comply with the law and this chapter is automatically disqualified
				as a candidate.
(c) The following
				shall apply to the notice of election:
1. At
				least nine months prior to the next election cycle a notice shall be prepared
				and distributed electronically by the Secretary or a contracted vendor, through
				the certifying officers, to provide to each member who is eligible to
				vote;
2. The notice of election
				shall:
i. Advise the member of the
				election;
ii. State the position
				and term to be filled;
iii. State
				that instructions for the nominating process are available from the Secretary
				at the Division;
iv. State the date
				of the election;
v. Identify all
				present members of the Board; and
vi. Include any other information regarding a
				particular election, as specified by the Board;
3. A notice of election shall be provided to
				the certifying officer or other appropriate fiscal officer of each employing
				agency, together with instructions as to who is to receive the
				notices;
4. The employing agency
				shall be required to respond electronically that the notice of election has
				been properly distributed to those identified in (c)3 above; and
5. Election notices shall be distributed
				electronically to each eligible member through the certifying officer of each
				employing location. In addition, this notice will be posted to the Division's
				website. Only active members of the PERS may vote in the election of
				member-trustees of the Board.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 1 - ADMINISTRATION › Section 17:2-1.5 - Certifying Officer (employer)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Chief
				Fiscal Officer or other officer duly designated via resolution of each county,
				municipality, or public agency and the personnel officer of the Division,
				Bureau, or Institution of the State locations shall serve as the Certifying
				Officer for that unit.
(b) The
				Certifying Officer shall be responsible for the duties described by
N.J.S.A. 43:15A-67
and 80
				and any other section that refers to the Department head.
(c) The Certifying Officer shall also be
				responsible for all other duties relating to matters concerning the System,
				including providing requested documentation in a timely manner.
(d) Upon the request of the Board, the
				Certifying Officer shall be required to sign a statement verifying that any
				information reported is accurate to the best of the Officer's knowledge and
				conforms with the statutes and rules governing the PERS.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 1 - ADMINISTRATION › Section 17:2-1.6 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to the provisions of
N.J.A.C. 17:1-1.2
, the
				approved minutes of the Board are a matter of public record and may be
				inspected during regular business hours in the Office of the
				Secretary.
(b) The annual report of
				the System's actuary shall not be released until it has been accepted by the
				Board.
(c) Original documents, if
				available, shall only be viewed by appointment at the Division.
(d) The mailing address, telephone number, or
				e-mail address of any active or retired member is considered to be a part of
				the member's confidential files and shall not be released for any
				purpose.
(e) The beneficiary
				designations of an active or retired member is considered to be a part of the
				member's confidential files and shall only be released after the member's
				death.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 1 - ADMINISTRATION › Section 17:2-1.7 - Appeal from Board decisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				statement shall be incorporated in every written notice setting forth the
				Board's determination in a matter where such determination is contrary to the
				claim made by the claimant or the claimant's legal representative:
"If you disagree with the determination of the Board, you may
				  appeal by submitting a written statement to the Board within 45 days after the
				  date of written notice of the determination. The statement shall set forth in
				  detail the reasons for your disagreement with the Board's determination and
				  shall include any relevant documentation supporting your claim. If no such
				  written statement is received within the 45-day period, the determination by
				  the Board shall be final.
The Board shall determine whether to grant an administrative
				  hearing based upon the standards for a contested case hearing set forth in the
				  Administrative Procedure Act,
N.J.S.A.
				  52:14B-1
and the Uniform
				  Administrative Procedure Rule,
N.J.A.C.
1:1-1 et seq.
				  Administrative hearings shall be conducted by the Office of Administrative Law
				  pursuant to the provisions of
N.J.S.A.
				  52:14B-1
et seq. and
N.J.A.C. 1:1
.1.
If the granted appeal involves solely a question of law, the
				  Board may retain the matter and issue a final determination, which shall
				  include detailed findings of fact and conclusions of law based upon the
				  documents, submissions and legal arguments of the parties. The Board's final
				  determination may be appealed to the Superior Court, Appellate Division. If the
				  granted appeal involves a question of facts, the Board shall submit the matter
				  to the Office of Administrative Law."
(b) The Director of the Division is
				authorized to grant or deny requests to extend the time allowed for exceptions
				and replies, and to seek extension of the time for the Board to render a final
				decision adopting, rejecting, or modifying an initial decision.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 1 - ADMINISTRATION › Section 17:2-1.9 - Verified discrepancy in member's age

Current through Register Vol. 56, No. 14, July 15, 2024
If proof of age documents establish a verified discrepancy
				  between a member's proven age and the age on file with the Division, the
				  member's account, active or retired, shall be reconstructed and all benefit
				  entitlements and contributions shall be determined on the basis of the member's
				  correct date of birth.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 1 - ADMINISTRATION › Section 17:2-1.11 - Proof of age

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All members shall establish proof of
				their age with the System. Acceptable proof of age documents include birth
				certificates with visible seal, passports, U.S. passport cards, naturalization
				or immigration papers, valid New Jersey, New York, or Pennsylvania digital
				driver licenses, or digital non-driver ID cards from the New Jersey Motor
				Vehicle Commission (MVC), indicating a member's age.
(b) In the event a member dies before
				satisfactory evidence of the member's date of birth has been filed with the
				System, appropriate proof-of-age evidence may be required before any death
				claim is processed for settlement.
(c) In the event proof of age has not been
				filed with the System before retirement, such proof must be filed before any
				retirement benefits may be disbursed.
(d) If a member is transferring into the PERS
				from another State-administered retirement system where proof of age was
				already secured, no additional proof of age will be required. This subsection
				shall also apply for members transferring into another State-administered
				retirement system from the PERS.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 1 - ADMINISTRATION › Section 17:2-1.12 - State employees; biweekly salaries

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Retirement and
				death benefits as well as service credit will be determined on the basis of
				biweekly pay periods for employees whose employers report salary and
				contributions on a biweekly basis. This biweekly schedule should conform to the
				biweekly reporting schedule issued by the State's Centralized Payroll
				Office.
(b) In the event a member
				is reported on a combination of monthly and biweekly pay periods, the member's
				last year's salary or final compensation as well as the member's service credit
				will be computed on a proportional basis.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 2 - ENROLLMENT › Section 17:2-2.1 - Enrollment eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A position with
				a public employer must be covered by Social Security as a prerequisite for
				membership in the System. In the case of multiple employments, Social Security
				coverage is required in each position or employment for each to qualify for
				membership, for enrollment dates that fall before May 21, 2010. For employment
				with enrollment dates occurring on or after May 21, 2010, multiple enrollments
				are prohibited, as provided under
N.J.A.C.
				17:2-2.2
.
(b) Salary requirements and full-time fixed
				weekly work hours applicable to an employee's date of eligibility for
				enrollment must also be met, in order to qualify for enrollment:
1. If eligibility for enrollment began prior
				to November 2, 2008, the minimum salary requirement for the position is $ 1,500
				or more within a work year;
2. If
				eligibility for enrollment began between November 2, 2008 and May 21, 2010, the
				position must meet the minimum salary requirements specified under the
				provisions of
N.J.S.A.
				43:15A-7
, as provided in (c)
				below.
3. If eligibility for
				enrollment began after May 21, 2010, regular full-time hours of 35 hours per
				week for State employees, or 32 hours per week for local government or local
				education employees, are required for enrollment, pursuant to the provisions of
N.J.S.A.
				43:15A-7
.
4. If a break in a member's service occurs
				and it has been more than two consecutive years since that member's last
				pension contribution, reenrollment will occur based on the date of eligibility
				for enrollment, in accordance with (b)1, 2, or 3 above.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 2 - ENROLLMENT › Section 17:2-2.2 - Multiple employment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A multiple enrollee is a member who is
				employed by more than one PERS participating employer at the same time; each of
				the member's PERS-participating employers shall report to the PERS about that
				member's pension account. Pursuant to the provisions of
N.J.S.A.
				43:15A-25
.2, multiple enrollments
				are not permitted for any member enrolled in the System after May 21, 2010, or
				for any member who enrolled in the System on or before May 21, 2010, who had a
				pension reporting period without pay (that is, a break in service) after May
				21, 2010.
(b) For PERS enrollments
				that occurred on or before May 21, 2010, an employee employed in two or more
				positions that met the eligibility requirements for enrollment in the PERS, as
				stated in
N.J.A.C. 17:2-2.1
, was
				required to enroll in the PERS through each of the positions. If a break in
				service or termination of employment occurs in either position after May 21,
				2010, that multiple membership is no longer permitted.
(c) Prior to July 1, 2007, an elected
				official was also required to enroll on the basis of such office, if the
				elected official was already enrolled on the basis of other public employment.
				If the elected official was employed in the elected position first and
				enrollment was optional, the enrollment date for the optional position is the
				effective date of enrollment for the position that required the elected
				official to establish membership in the PERS. If the individual had already
				established membership in the PERS, the effective date of enrollment of the
				optional employment is the date of hire.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 2 - ENROLLMENT › Section 17:2-2.4 - Enrollment date

Current through Register Vol. 56, No. 14, July 15, 2024
(a) New employees in the classified service
				shall be considered as beginning their service on the date of their regular
				appointments.
1. For employers who report on
				a monthly basis, the compulsory enrollment date shall be fixed as the first of
				the month for an employee whose regular appointment date falls between the
				first through the 16th of the month and the compulsory enrollment date shall be
				fixed as the first of the following month for an employee whose regular
				appointment date falls between the 17th and the end of the month.
2. For employers who report on a biweekly
				basis, the compulsory enrollment date shall be fixed as the first day of the
				pay period for an employee whose appointment date falls on the first through
				seventh day of the biweekly pay period. The compulsory enrollment date shall be
				fixed as the first day of the following biweekly pay period for an employee
				whose appointment date falls on any subsequent date within that pay
				period.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 2 - ENROLLMENT › Section 17:2-2.5 - Optional enrollment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any employee, other than a veteran, who
				was considered an optional enrollee prior to July 1, 1966, under the previous
				rules of the Board, shall continue to retain the option to enroll or not enroll
				if his or her employer does not change. This section shall not apply to elected
				officials upon the expiration of the term of office held as of June 30,
				2007.
(b) Part-time employees who
				cannot be classified as veterans and who were hired prior to July 1, 1966, are
				considered optional enrollees.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 2 - ENROLLMENT › Section 17:2-2.6 - Enrollment eligibility of professors and instructors employed on a temporary, provisional or adjunct basis by public institutions of higher education

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				djunct professors and part-time instructors hired as of November 2, 2008, are
				eligible for enrollment in the ABP and are no longer permitted to enroll in the
				PERS based solely on that employment. Prior to November 2, 2008, professors and
				instructors employed on a temporary, provisional, or adjunct basis by public
				institutions of higher education, who were not in regularly appointed teaching
				or administrative staff positions, in classified or unclassified positions with
				a Civil Service employer, or in regularly budgeted positions with a non-Civil
				Service employer, were eligible for PERS enrollment if they:
1. Earned more than the minimum threshold
				salary required for enrollment;
2.
				Worked for the entire normal school year; and
3. Had their services renewed for the
				succeeding school year.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 2 - ENROLLMENT › Section 17:2-2.7 - Enrollment following deferred retirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For a
				member enrolled in the PERS prior to November 2, 2008, who elects a deferred
				retirement:
1. If the member resumes regular
				service prior to age 60 and within the two-year period stipulated by
N.J.S.A. 43:15A-7
.e, or
				the longer period provided by
N.J.S.A.
				43:15A-8
.a, the membership account
				under which a member elected deferred retirement shall be continued.
2. If the member resumes regular service
				prior to age 60, but after the period for continued membership stipulated by
N.J.S.A. 43:15A-7
.e or
				8.a has expired, then such member shall be enrolled in the PERS under a new
				membership account and shall be subject to such benefits and requirements as
				shall apply to new members of the PERS as of the date of such new
				enrollment.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 2 - ENROLLMENT › Section 17:2-2.8 - Enrollment eligibility of provisional or temporary employees occupying full-time police and fire titles

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any employee
				who has an active membership in the PERS and becomes employed provisionally or
				on a temporary basis in an eligible PFRS title and is under the age of 35 shall
				continue membership in the PERS until meeting the eligibility requirements for
				entry in the PFRS. This applies to both employees continuing employment with
				the same employer, and those leaving one public employer and taking a position
				with another.
1. State and county employees
				holding provisional or temporary PFRS titles who cannot meet the maximum age
				requirement for membership in the PFRS (age 35) shall remain in the PERS after
				attaining permanent appointments.
2. As a condition of municipal employment,
				employees holding provisional or temporary PFRS titles who cannot meet the
				maximum age requirements associated with those positions shall not continue
				employment in the PFRS covered position and shall not remain a member of the
				PERS while occupying the PFRS title.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 2 - ENROLLMENT › Section 17:2-2.9 - Eligibility and enrollment of employees of bi-state and multi-state agencies pursuant to P.L. 2003, c. 263 (N.J.S.A. 43:15A-73)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the
				purposes of the resolution to adopt the provisions of the PERS for a bi-state
				or multi-state agency, the "category of officers or employees who may enroll in
				the PERS" under
				P.L.
				2003, c. 263 shall be
				defined as those employees:
1. Initially
				appointed or employed by the bi-state or multi-state agency on or after January
				1, 2002;
2. Who are residents of
				the State of New Jersey at the time of appointment or employment with the
				agency; and
3. Who meet the PERS
				eligibility requirements found at
				43:15A-7 and 7.3.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 2 - ENROLLMENT › Section 17:2-2.10 - Enrollment eligibility of on-call employees who have not established membership; including, but not limited to, substitute teachers, replacement teachers, and bedside or home instructors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual
				who assumes a position as an on-call employee, such as a substitute teacher, or
				bedside or home instructor, is eligible to enroll in the PERS at the beginning
				of the 13th month of continuous employment, provided all other eligibility
				requirements are met, including the achievement of a fixed minimum number of
				regular hours of 32 hours per week, pursuant to the provisions of
N.J.S.A. 43:15A-7
.
				On-call employees have unpredictable work schedules and their employment is
				usually temporary in nature. In determining eligibility for enrollment in the
				case of these employees, the following apply:
1. At employing locations where the regular
				work year is 12 months long, the employee must work at least 120 days within a
				12-month period (10 days per month x 12 months) before becoming eligible for
				enrollment.
2. At employing
				locations where the regular work year is 10 months, the employee must work at
				least 100 days (10 days per month x 10 months) before becoming eligible for
				enrollment.
3. The date of
				eligibility for enrollment for on-call employees is the first day of the 13th
				month after the commencement of the 100 or 120 day period. For example, if the
				employment began on January 1st, then the enrollment date would be January 1st
				of the following year. If the employee worked 10 days a month for the requisite
				number of months (10 or 12), the employee would be eligible for enrollment,
				regardless of when in the year the 10 or 12 month period began. Enrollment is
				mandatory.
4. On-call employees who
				do not meet the eligibility requirements for PERS enrollment, pursuant to
N.J.A.C. 17:2-2.1
, will
				be enrolled in the DCRP, provided that all other DCRP enrollment eligibility
				requirements are met.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 3 - INSURANCE AND DEATH BENEFITS › Section 17:2-3.1 - Compulsory and optional enrollment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the purpose
				of contributory insurance, all compulsory enrollees, including veterans, under
				age 60 at the time their enrollment application is filed, shall be required to
				participate in the contributory insurance program for one year (12 calendar
				months) from the date of enrollment, or the effective date of insurance premium
				deduction, whichever is later. Proof of insurability shall be required for all
				compulsory and optional enrollees, age 60 and older, at the time their
				enrollment application is filed with the Division, in order to qualify for
				noncontributory and contributory insurance coverage.
(b) Optional enrollees under age 60 at the
				time their enrollment application is filed with the Division may qualify for
				noncontributory and contributory insurance coverage only if they were actively
				at work performing all of the duties that the position requires at the time
				they made application for enrollment, and such application was filed within one
				year from the date they first became eligible for enrollment in the System. If
				an application for an optional enrollee is not received within one year after
				the optional enrollee became eligible for enrollment, evidence of insurability
				will be required for the noncontributory and contributory coverage.
(c) When proof of insurability is required,
				the member's opportunity to prove such insurability shall expire one year (12
				months) from the date the initial written notice is sent advising the member
				that the member must prove insurability by taking a medical examination and
				meeting the eligibility requirements of the Retirement System
				underwriter.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 3 - INSURANCE AND DEATH BENEFITS › Section 17:2-3.3 - Contributory insurance rate

Current through Register Vol. 56, No. 14, July 15, 2024
All participating members' contribution rate for
				  contributory group insurance shall be one-half of one percent (.005) of the
				  member's base or contractual salary, effective as of January 1, 1999.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 3 - INSURANCE AND DEATH BENEFITS › Section 17:2-3.4 - New enrollments and transfers; contributory insurance premiums

Current through Register Vol. 56, No. 14, July 15, 2024
For new enrollees and transferees, contributory insurance
				  premiums will be due from the date insurance is effective as shown on the
				  certification, to the date payroll deductions are certified to begin. In no
				  case will retroactive premiums for more than 15 months be
				  charged.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 3 - INSURANCE AND DEATH BENEFITS › Section 17:2-3.5 - Leave for illness; life insurance coverage

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Life insurance
				coverage during a leave of absence due to illness shall apply only to the
				personal illness of the member.
(b)
				A leave of absence on account of another person's illness will not entitle the
				member to continued life insurance coverage.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 3 - INSURANCE AND DEATH BENEFITS › Section 17:2-3.6 - Survivor benefits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Payment of benefits to eligible survivors
				shall become effective on the first of the month subsequent to the member's
				death and shall terminate on the first of the month subsequent to the date in
				which the survivor no longer qualifies for such benefits.
(b) In the instance of an active member who
				dies in the performance of duty (accidental death), the initial pension payment
				will be for the month following the month in which the member died, and the
				last payment will cover the month the survivor dies or ceases to qualify for
				the continuance of benefits.
(c) In
				calculating an Option 1 reserve balance upon the death of a retired member,
				when a beneficiary elects an annuity certain (specified number of years) or a
				life annuity, the applicable factor is based upon the beneficiary's age at the
				time of the member's death. If a beneficiary is six months or more past his or
				her birthday, the factor is based upon the beneficiary's age on his or her next
				birthday.
(d) In calculating the
				group life insurance benefits upon the death of an active employee when a
				beneficiary elects an annuity certain (specified number of years) or a life
				annuity, the applicable factor is based solely upon the beneficiary's age at
				the time of the member's death and is not rounded up to the next
				birthday.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 3 - INSURANCE AND DEATH BENEFITS › Section 17:2-3.7 - Withdrawal application; contributory insurance

Current through Register Vol. 56, No. 14, July 15, 2024
A properly executed contributory insurance withdrawal
				  application must be in the possession of the Division before termination of the
				  contributory coverage can be effected. Such withdrawal application cannot be
				  retroactive and the contributory insurance will not be reinstated under the
				  membership account number in which the cancellation was exercised.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 3 - INSURANCE AND DEATH BENEFITS › Section 17:2-3.8 - Withdrawal and return; contributory insurance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Withdrawal from
				contributory insurance coverage shall apply only to the membership account
				under which the cancellation was exercised. Any person who has canceled his or
				her contributory insurance coverage and withdraws from membership in the System
				shall, upon his or her subsequent reenrollment in the System, be subject to the
				provisions of
				17:2-3.1.
(b) If a member is covered by group life
				insurance during employment, the coverage shall cease 31 days subsequent to the
				member's termination date from employment, regardless of the cause of
				termination. A member may convert the life insurance at the member's expense as
				set forth in 15A-93. The converted individual policy will not take effect until
				the expiration of the group life insurance policy at the conclusion of the
				31-day grace period.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 3 - INSURANCE AND DEATH BENEFITS › Section 17:2-3.9 - Retired life insurance coverage

Current through Register Vol. 56, No. 14, July 15, 2024
If a member's date of PERS enrollment was on or after July
				  1, 1971, noncontributory life insurance shall be payable after the death of a
				  retired member, only if the member established 10 or more years of pension
				  membership credit at the time of retirement, or retired on a disability
				  retirement. The life insurance shall equal 3/16 of the retiree's last 10 months
				  of salary if formerly employed on a 10-month basis, or 12 months of salary if
				  formerly employed on a 12-month basis. No premium payments are required to
				  continue the 3/16 coverage after retirement. Contributory group life insurance
				  coverage ceases at retirement.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 3 - INSURANCE AND DEATH BENEFITS › Section 17:2-3.10 - Contributory insurance premiums; leave of absence and workers' compensation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Contributory
				insurance coverage will remain in effect for up to two years while a member is
				on an official leave of absence without pay for the personal illness of the
				member without premiums paid by the member. The employer shall provide to the
				Division proof of the official leave of absence.
(b) Contributory insurance coverage will
				remain in effect while a member is on an official leave of absence without pay
				for the following reasons, provided that insurance premiums are paid by the
				member within 31 days of the official start date of the leave. It is the
				member's responsibility to make arrangements directly with the Division to
				continue these premium payments:
1. Up to one
				year to fulfill a residency requirement for an advanced degree; or as a
				full-time student at an institution of higher education; and
2. Up to 93 days on an official leave for any
				other reason.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 2 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › Subchapter 3 - INSURANCE AND DEATH BENEFITS › Section 17:2-3.11 - Ten month members

Current through Register Vol. 56, No. 14, July 15, 2024
A member employed on other than a 12-month contract year
				  will continue to be insured during the summer vacation period provided a bona
				  fide employee-employer relationship exists during this period.