reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 3 - ENROLLMENT, MEMBERSHIP, TRANSFERS AND WITHDRAWALS › Section 17:1-3.1 - Compulsory enrollments; failure to enroll

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Employers
				have a statutory responsibility to enroll employees on a timely basis.
				Employers are required to use the available online enrollment applications
				provided through the Employer Pensions and Benefits Information Connection
				(EPIC), to enroll newly hired employees.
1.
				The Division will accept paper applications on a limited basis when:
i. An online application for a specific
				State-administered retirement system or fund is not available;
ii. When accompanied by an Interfund Transfer
				form; or
iii. The employee's
				enrollment cannot be processed online for any other reason.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 3 - ENROLLMENT, MEMBERSHIP, TRANSFERS AND WITHDRAWALS › Section 17:1-3.2 - Multiple enrollments prohibited; contributions

Current through Register Vol. 56, No. 14, July 15, 2024
For enrollments occurring after May 21, 2010, multiple
				  membership is prohibited. For enrollments occurring in some retirement systems
				  on or before May 21, 2010, an employee may have been enrolled in the system on
				  the basis of more than one position with more than one employer participating
				  in the retirement system. Within the limits of the statute and board rules,
				  such an employee was required to enroll for each position.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 3 - ENROLLMENT, MEMBERSHIP, TRANSFERS AND WITHDRAWALS › Section 17:1-3.3 - Enrollment schedules

Current through Register Vol. 56, No. 14, July 15, 2024
Employees appointed after the third day of the biweekly pay
				  period will be enrolled the next pay period and after the 16th day of a month
				  for members scheduled on a monthly basis will be enrolled as of the first of
				  the following month.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 3 - ENROLLMENT, MEMBERSHIP, TRANSFERS AND WITHDRAWALS › Section 17:1-3.4 - Proof of veteran's status

Current through Register Vol. 56, No. 14, July 15, 2024
Members wishing to establish veteran status with the
				  retirement system must submit copies of their discharge papers (DD 214) to the
				  New Jersey Department of Military and Veterans' Affairs. A member who fails to
				  submit evidence of military discharge will be enrolled as a nonveteran and this
				  nonveteran classification shall not be altered until such time as the member's
				  military discharge papers are received by the Department of Military and
				  Veterans' Affairs and eligibility for a veteran classification is
				  confirmed.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 3 - ENROLLMENT, MEMBERSHIP, TRANSFERS AND WITHDRAWALS › Section 17:1-3.5 - Intrafund transfers

Current through Register Vol. 56, No. 14, July 15, 2024
An active member of the Teachers' Pension and Annuity Fund,
				  the Police and Firemen's Retirement System, or the Public Employees' Retirement
				  System who terminates employment with one participating employer but transfers
				  to another covered position with a different employer within the same
				  retirement system may continue such membership, provided the member meets all
				  eligibility criteria for the member's date of enrollment (membership
				  tier).
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 3 - ENROLLMENT, MEMBERSHIP, TRANSFERS AND WITHDRAWALS › Section 17:1-3.6 - Insurance coverage; ineligibility

Current through Register Vol. 56, No. 14, July 15, 2024
Any member who is not eligible for noncontributory insurance
				  shall also be ineligible for contributory insurance coverage.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 3 - ENROLLMENT, MEMBERSHIP, TRANSFERS AND WITHDRAWALS › Section 17:1-3.7 - Deduction schedules

Current through Register Vol. 56, No. 14, July 15, 2024
All deductions will be certified to begin on the first of
				  the month for quarterly reporting units, or the beginning of a biweekly pay
				  period for members who are reported on a biweekly basis.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 3 - ENROLLMENT, MEMBERSHIP, TRANSFERS AND WITHDRAWALS › Section 17:1-3.8 - Withdrawal application; processing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Withdrawal
				applications which are filed prior to the member's resignation or the
				termination of compensation, will not be processed until the effective date of
				the later of the two conditions.
(b) Under the terms of the statutes a member
				may withdraw from a retirement system only if the member terminates all covered
				employment.
(c) No application
				shall be approved, if:
1. The member is on
				official leave of absence;
2. The
				member certifies that employment has not ended or that the member has taken
				another position covered by the retirement system;
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 or there is no legal action
				contemplated or pending and the dismissal has been adjudged final;
4. A multiple member has not terminated
				employment in all covered positions; or
5. The member has a claim pending for
				Workers' Compensation benefits.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 3 - ENROLLMENT, MEMBERSHIP, TRANSFERS AND WITHDRAWALS › Section 17:1-3.9 - Waiver of retirement benefits upon withdrawal

Current through Register Vol. 56, No. 14, July 15, 2024
If a member is eligible to begin receiving a monthly
				  retirement allowance (due to the member's age or years of creditable service),
				  the member may obtain the estimated amount of the retirement allowance through
				  the Member Benefits Online System (MBOS). The Division shall require the member
				  to sign a waiver of such monthly benefits, should the member still wish to
				  withdraw.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 3 - ENROLLMENT, MEMBERSHIP, TRANSFERS AND WITHDRAWALS › Section 17:1-3.11 - Compensation limit for exclusion from membership after retirement

Current through Register Vol. 56, No. 14, July 15, 2024
Beginning with the calendar year 2002, and for any calendar
				  year thereafter, the Director of the Division may adjust the compensation limit
				  for exclusion from membership after retirement in the Public Employees'
				  Retirement System. The compensation limit shall be adjusted by increments of $
				  1,000, when $ 15,000 increased by 3/5 times the change in the Consumer Price
				  Index as defined in N.J.S.A. 43:3B-1f from the Index applicable to calendar
				  year 2001 to the Index applicable to the calendar year immediately preceding
				  the year of adjustment, rounded to the next highest 100 dollars, exceeds the
				  previous compensation limit by $ 1,000.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 3 - ENROLLMENT, MEMBERSHIP, TRANSFERS AND WITHDRAWALS › Section 17:1-3.12 - Interfund transfers; accumulated interest

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notwithstanding
				the provisions of
				17:2-7.1,
				17:3-7.1,
				17:4-7.1 and
				17:10-6.1 concerning interfund
				transfers of members between State-administered retirement systems, accumulated
				interest credited to the member's account in the former system will only be
				transferred as part of such member's contributions to the new system if the new
				system likewise credits interest to its member accounts.
(b) If the new system does not credit
				interest to its member accounts then only the contributions actually made by
				the member to the former system will be transferred to the new system when an
				interfund transfer occurs.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 3 - ENROLLMENT, MEMBERSHIP, TRANSFERS AND WITHDRAWALS › Section 17:1-3.13 - Proof of age

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All members of
				the defined benefit plans and defined contribution plans administered by the
				Division shall establish proof of their age with the Division. 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 that a
				State-administered retirement system member dies before satisfactory evidence
				of the member's date of birth has been filed with that system, appropriate
				proof-of-age evidence shall be required before any death claim is processed for
				settlement.
(c) In the event proof
				of age has not been filed with a member's State-administered retirement system
				before retirement, such proof must be filed before any retirement benefits may
				be disbursed.
(d) If a member is
				transferring from one State-administered retirement system, where proof of age
				was already secured, to another system, no additional proof of age will be
				required.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 4 - PURCHASES AND ELIGIBLE SERVICE › Section 17:1-4.1 - Purchases; cancellation, interest on outstanding purchases, or cash discount requested

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A member who authorizes a purchase of
				service credit may cancel that purchase at any time on a prospective basis
				only. No refunds will be made of any lump sum payments, partial payments or
				installment payments. The member will receive a pro rata credit for the service
				purchased to the date installment payments cease. Any subsequent requests to
				purchase the remaining service credit shall be based on the laws and rules in
				effect on the date that the subsequent request is received.
(b) No more than one request received from a
				member for the cash discount value of an outstanding arrearage or a purchase
				quotation for previous service will be honored in a calendar year.
(c) For a member who has authorized a
				purchase of service credit on or after September 8, 1998, and who is inactive,
				or becomes inactive, the following provisions shall apply:
1. A member who authorizes a purchase that
				requires installment payments but who has not had installment payments made
				toward that purchase for two years due to inactivity in the account, shall
				receive written notice from the Division that the remainder of the purchase
				will be canceled. The member shall receive a pro rata credit for the service
				purchased to the date that the installment payments ceased. Any subsequent
				requests to purchase the remaining service credit shall be based on the laws
				and rules in effect on the date that the subsequent request is
				received.
2. The member may request
				to pay, in full, the cash discount value of the outstanding arrearage for the
				purchase within 60 days of the Division notice. The cash discount value of the
				outstanding arrearage for the purchase will be calculated with interest from
				the date of the last installment payment.
3. A member who authorizes a purchase that
				requires installment payments but who has not had installment payments made
				toward that purchase for two years for reasons other than inactivity shall have
				the installment payments recertified. The recertified installment payments will
				be calculated with interest from the date of the last installment
				payment.
4. A member returning from
				an approved leave of absence after two years may request that the original
				purchase be resumed. Such purchase shall be recalculated to include additional
				regular interest accrued between two years after the date of the last
				installment payment and the date the purchase is resumed. A member returning
				from an approved leave of absence within two years shall have the original
				purchase resumed. Installment payments for the purchase shall recommence
				without the assessment of additional regular interest.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 4 - PURCHASES AND ELIGIBLE SERVICE › Section 17:1-4.2 - Purchase terms; grace period

Current through Register Vol. 56, No. 14, July 15, 2024
A member who receives a written optional purchase cost
				  quotation is given a 90-day grace period to confirm that he or she wishes to
				  make the purchase of service credit. If the confirmation of the purchase is not
				  received from the member within 90 days, the cost of purchase must be
				  recalculated to determine if any change in the cost is warranted as a result of
				  change in age or salary.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 4 - PURCHASES AND ELIGIBLE SERVICE › Section 17:1-4.3 - Final compensation; salaries to be used for a period of purchased service credit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A period of
				purchased New Jersey service may be included in the period for the calculation
				of final compensation. Actual base salaries paid during such period will be
				certified and used in the computation.
(b) The period of a purchased leave of
				absence will not be included in the calculation of final
				compensation.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 4 - PURCHASES AND ELIGIBLE SERVICE › Section 17:1-4.4 - Purchase of service credit; continuation of death benefits coverage; maternity leaves of absence

Current through Register Vol. 56, No. 14, July 15, 2024
No period for unpaid maternity leave, even if granted by the
				  public employer, can be approved for the subsequent purchase of service credit
				  in excess of three months unless the Division receives verification that such
				  member was disabled due to pregnancy and resulting disability for the period in
				  excess of three months. During the first three months of an unpaid leave of
				  absence for maternity, the member shall be presumed to be disabled from the
				  performance of her job duties because of her pregnancy and any resulting
				  disabilities.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 5 - INSURANCE AND DEATH BENEFITS › Section 17:1-5.1 - Multiple beneficiaries

Current through Register Vol. 56, No. 14, July 15, 2024
Where a member has designated more than one beneficiary, in
				  the absence of a specific request, the payment will be made to the
				  beneficiaries on a "share and share alike, survivor or survivors" basis.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 5 - INSURANCE AND DEATH BENEFITS › Section 17:1-5.2 - Optional settlements; group life insurance

Current through Register Vol. 56, No. 14, July 15, 2024
Death benefits under the group life insurance contracts may
				  be paid under any optional settlement made available by the insurance company.
				  The beneficiary will be informed of such opportunity when such optional
				  settlements are possible. If the beneficiary requests advice concerning such
				  settlements, the claim shall be forwarded to the carrier for contact with the
				  beneficiary. The Division will be advised of the final settlement for the
				  recording of the data with the retirement system.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 5 - INSURANCE AND DEATH BENEFITS › Section 17:1-5.3 - Accrued increase; limitations

Current through Register Vol. 56, No. 14, July 15, 2024
Upon the death of a retiree or a beneficiary receiving a
				  pension, any payments that were due to the deceased shall be paid to a named
				  beneficiary as established in the records of the State-administered retirement
				  system, or if none is named, to the deceased's estate, minus any other monies a
				  member may owe, such as an outstanding pension loan or other
				  arrears.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 5 - INSURANCE AND DEATH BENEFITS › Section 17:1-5.4 - Group life insurance and pension benefits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				deceased member's group life insurance and pension benefits shall be payable
				directly to a named beneficiary who is at least 18 years old.
(b) If a member designates a beneficiary who
				is not yet 18 years old to receive the group life insurance and pension
				benefits, and no trustee or guardian is appointed, the Division will pay the
				benefit as soon as possible after the beneficiary's 18th birthday. The
				beneficiary must notify the Division at the time of his or her 18th birthday
				for the benefit to be paid.
(c)
				Special needs trusts are permissible beneficiary designations but are
				restricted to those special needs trusts created pursuant to
42
				U.S.C. §
											1396p
(d)(4)(A).
				Before filing, a member must ensure that the special needs trust has been
				prepared in accordance with
42
				U.S.C. §
											1396p
(d)(4)(A). The
				Division is not responsible for discerning whether the special needs trust
				document complies with statutory requirements at the time of filing with the
				Division.
(d) No interest accrues
				on the member's contributions between the date of the member's death and the
				date of distribution.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 5 - INSURANCE AND DEATH BENEFITS › Section 17:1-5.5 - Retired members-group life insurance and pension benefits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the member
				was retired at the time of death, the benefits to eligible beneficiaries shall
				become effective on the first of the month following the member's death and
				shall terminate as of the month in which the beneficiary no longer qualifies
				for such benefits. A pension allowance shall be payable for the entire month in
				which the retirant or beneficiary dies.
(b) In the event a retired member dies before
				repaying any outstanding obligations, the remaining balance will be deducted
				first from the group life insurance proceeds and then from the proceeds of any
				pension benefit, such as a monthly allowance or last check benefit. If multiple
				beneficiaries are to receive these benefits, each beneficiary shares in
				repaying the remaining balance in the same proportion in which he or she is
				entitled to the benefits. Any remaining funds will be distributed in accordance
				with the member's last Designation of Beneficiary on file.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 5 - INSURANCE AND DEATH BENEFITS › Section 17:1-5.6 - Domestic partners

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Resolutions by the employer to adopt the
				provisions of
				P.L.
				2003, c. 246, the
				Domestic Partnership Act, were accepted through February 19, 2007. After
				February 19, 2007, same-sex couples were allowed to establish a civil union in
				New Jersey under
				P.L.
				2006, c. 103, but were
				no longer permitted to enter into a domestic partnership in New Jersey.
				Effective October 21, 2013, same sex marriages were legally recognized in New
				Jersey, and effective June 26, 2015, same sex marriages were legally recognized
				across the United States. An employer who decided to adopt the provisions of
				P.L.
				2003, c. 246, had to
				adopt the provisions for all its employees and retirees in all of the
				retirement systems in which it participated and not just members of a specific
				retirement system.
1. An employer was also
				permitted to adopt the provision of
				P.L.
				2003, c. 246, for the
				State Health Benefits Program (SHBP) and School Employees Health Benefits
				Program (SEHBP) separately from the resolution for the retirement systems,
				through February 19, 2007. Once adopted, such a resolution may only be
				rescinded on a prospective basis. Anyone receiving a survivor's benefit, SHBP
				coverage, or SEHBP coverage based on the old resolution shall continue to do so
				until such time as they no longer meet the definition of widow, widower,
				surviving spouse, or dependent.
2.
				A retired employee of a public employer that has not elected to provide
				coverage for domestic partners or does not participate in the SHBP or SEHBP
				cannot add a domestic partner to SHBP or SEHBP coverage.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 5 - INSURANCE AND DEATH BENEFITS › Section 17:1-5.7 - Civil unions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Civil union partners have all the rights
				and privileges of married couples. The Federal Internal Revenue Code (IRC)
				allows an employer to provide certain benefits to its employees on a tax-exempt
				basis. Those benefits can also be extended to spouses and dependents of an
				employee on the same tax-exempt basis. The IRC, however, does not recognize a
				civil union partner in the same manner as a spouse and does not automatically
				recognize a civil union partner as a dependent for tax purposes. Therefore,
				employers may have to treat civil union SHBP and SEHBP benefits as taxable on
				Form W-2 and withhold Federal income, Social Security, and Medicare taxes on
				its value. The employer shall be responsible for the employer share of Social
				Security and Medicare taxes due on the civil union benefit, including the taxes
				due on any State paid benefits.
1. The income
				reported by the employer shall be the full cost of single coverage in the plan
				in which the civil union partner is enrolled.
2. Anything that the employee or retiree pays
				for the civil union coverage through premium sharing arrangements will reduce
				the amount of the income reported to the Federal government for the civil union
				benefit. These premiums cannot be made on a pre-tax basis unless the civil
				union partner meets the Federal definition of dependent. If the civil union
				partner qualifies as a dependent of the covered member for Federal income tax
				purposes, the value of the civil union benefit will not be taxable to the
				employee or retiree, and any premium paid by the employee toward the civil
				union partner can be deducted on a pre-tax basis through the State's Section
				125 TaxSave Program. To be eligible for the tax exemption, the employee or
				retiree must file a certification of tax dependency with the
				Division.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 5 - INSURANCE AND DEATH BENEFITS › Section 17:1-5.8 - Reimbursement of funeral expenses for public safety personnel

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event that an eligible public
				safety employee is killed in active service while performing his or her duties,
				family members who pay for the public safety employee's funeral costs are
				entitled to receive a reimbursement for those funeral expenses from the
				Treasurer of the State of New Jersey, pursuant to the provisions of P.L. 2014,
				c. 177. Public safety employees are defined to be: full-time members of a
				State, county, or municipal law enforcement agency or a county sheriff's office
				who are statutorily empowered to act for the detection, apprehension, arrest,
				and conviction of offenders against laws of the State of New Jersey; active
				members in good standing of a paid, part-paid, or volunteer fire department of
				a duly incorporated first aid, emergency, ambulance, or rescue squad; or State
				or county correctional officers. Members of the following groups qualify as
				public safety personnel whose family members are eligible for the funeral
				expenses reimbursement called for under P.L. 2014, c. 177 :
1. Permanent full-time members of the Police
				and Firemen's System in active service;
2. Permanent full-time members of the State
				Police Retirement System in active service;
3. Permanent full-time members of the Public
				Employees' Retirement System in active service who work in Law Enforcement
				Officer (LEO) titles; and
4.
				Volunteer emergency workers in good standing who qualify for the Volunteer
				Emergency Worker's Survivors Pension (VESP), pursuant to
43:12-28.1
and
17:1-11.1
,
11.2
, and
11.3
, such as volunteer
				firefighters, first aid workers, rescue squad workers, and emergency medical
				technicians (EMTs).
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 6 - HONORABLE SERVICE › Section 17:1-6.1 - Honorable service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The receipt of a public pension or
				retirement benefit is expressly conditioned upon the rendering of honorable
				service by a public officer or employee. Pursuant to
43:1-3
, the Boards of
				Trustees of the State-administered retirement systems are authorized to order
				the forfeiture of all or part of the pension or retirement benefit of a member
				of the fund or system for misconduct occurring during the member's public
				service, which render the member's service or part thereof, dishonorable.
1. In cases where a member is subject to
				charges that may render the member's service or part of that service
				dishonorable, the employer shall submit all documentation regarding the charges
				brought against the member to the Division and to the employee before any
				benefit claims will be processed. Such documentation may include, but is not
				limited to: reports related to the employee's misconduct, disciplinary action
				taken, plea agreements, and sentencing and plea transcripts. The Board of
				Trustees will review honorable service issues prior to a disability application
				being processed.
2. All claims for
				retirement and death benefits will be held in abeyance until the Division
				receives the required documentation regarding the charges brought against the
				member.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 6 - HONORABLE SERVICE › Section 17:1-6.2 - Indictments, dismissals, litigation, or appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a
				member is subject to criminal charges, such an indictment, information or
				accusation or dismissed from public employment due to administrative charges,
				the matter shall be referred to the Board Secretary's office to determine the
				status of any claim, which may be filed by the member.
(b) No credit shall be granted for the period
				during which the member's salary has been terminated while under indictment,
				information, accusation or suspension, until the outcome of the proceedings
				determines the basis for the award of such credit, if any.
(c) No claims for retirement or death
				benefits can be processed until the matter has been fully adjudicated and
				completely resolved to the satisfaction of the Board of Trustees, pursuant to
17:1-1.13(a)
4. Resolution of these charges must be verified by contact with the
				County Prosecutor's Office, the Attorney General's Office, the Department of
				Education, the Civil Service Commission, the employer, or other responsible
				agencies.
(d) Likewise in cases
				where anything pertaining to a member's employment is in litigation, or under
				appeal, the matter shall be held in abeyance until the Division determines if
				claims can be processed or whether the processing of such claims are to be
				postponed pending a final resolution of the litigation or appeal.
(e) If charges listed in
				17:1-1.1 3(a)4 are received by the
				Boards or Division after the member's date of retirement, the Boards may
				suspend retirement benefits pending the outcome of such charges.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 6 - HONORABLE SERVICE › Section 17:1-6.3 - Settlement agreements; employer responsibility for reimbursement to the pension fund or retirement system for associated costs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				the provisions of
				P.L.
				2007, c. 49 (
43:1-3.3
), the following
				shall apply:
1. A State, county, or local
				employer participating in a State pension fund or retirement system shall be
				responsible for informing the Division of any settlement agreement between the
				employer and an employee that provides for the employer not to pursue any civil
				or criminal charges or an action for misconduct against the employee in
				exchange for the employee's resignation in good standing. A copy of the
				settlement agreement must be provided to the Division by the certifying officer
				within 60 days of execution of such agreement. Such agreement must also be
				included with any employer certification of service and salary relative to an
				employee's claim for benefits from the pension fund or retirement system.
i. In cases where a member was subject to
				administrative or criminal charges that resulted in a settlement agreement
				between the member and employer, the employer is required to submit to the
				Division and to the employee all documentation related to the settlement
				agreement, including the specific underlying charges, disciplinary actions
				taken, and reports related to the employee's misconduct, before any benefit
				claims submitted by the member will be processed.
ii. A member's claims for retirement or death
				benefits submitted after reaching a settlement agreement will be held in
				abeyance until the Division receives the required settlement agreement and all
				related documentation; and
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 6 - HONORABLE SERVICE › Section 17:1-6.4 - Disability retirement applications and termination of service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each disability
				retirement applicant must prove that his or her retirement is due to a total
				and permanent disability that renders the applicant physically or mentally
				incapacitated from performing normal or assigned job duties at the time the
				member left employment; the disability must be the reason the member left
				employment.
(b) Members who have
				involuntarily or voluntarily terminated service for any of the reasons listed
				below will not be permitted to apply for a disability retirement:
1. Removal for cause or total forfeiture of
				public service;
2. Settlement
				agreements reached due to pending administrative or criminal charges, unless
				the underlying charges relate to the disability;
3. Loss of licensure or certification
				required for the performance of the member's specific job duties;
4. Voluntary separation from service for
				reasons other than a disability; and
5. Job abolishment or reduction in
				force.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 7 - RETIREMENTS › Section 17:1-7.1 - Retirement quotations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Members who
				apply for retirement will receive a quotation of retirement benefits upon the
				completion of the retirement calculation. For members of retirement systems
				that provide for optional survivor benefits, the retirement quotations will
				include a description of the various options available. If the member named a
				spouse as the pension beneficiary on the application and provides the spouse's
				birth date, all survivor options will be included in the quotation, in addition
				to the maximum allowance.
(b) The
				quotation of retirement benefits shall inform the member of their right to
				withdraw, cancel, or change the application for retirement at any time before
				the later of 30 days after the retirement date or 30 days after the date the
				Board of Trustees approves the application.
(c) In the event the quotation of retirement
				benefits is not issued prior to the date of retirement or before the date of
				approval by the Board of Trustees, then the member will be provided with a
				30-day period in which to amend the retirement option selection.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 7 - RETIREMENTS › Section 17:1-7.2 - Retroactive salary increases

Current through Register Vol. 56, No. 14, July 15, 2024
Except as in
				  N.J.A.C.
				  17:2-4.5,
				  17:3-4.7,
				  17:4-4.8 and 17:5-3.6, retroactive
				  salary adjustments that have been authorized after the member's effective date
				  of retirement or date of death may be used as creditable salary for pension or
				  insurance purposes even if the period covered by the salary adjustment extends
				  to a period before the member's effective date of retirement or date of
				  death.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 7 - RETIREMENTS › Section 17:1-7.3 - Final compensation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) With respect to
				all claims for benefits, the Division shall investigate increases in
				compensation reported for credit, which exceed reasonably anticipated annual
				compensation increases for members of the retirement system based upon
				consideration of the Consumer Price Index for the time period of the increases,
				the table of assumed salary increases recommended by the actuary and adopted by
				the Board, and the annual percentage increases of salaries as indicated in data
				from the Public Employment Relations Commission, or through other reliable
				industry sources of information regarding average annual salary
				increases.
(b) Those cases where a
				violation of the statute is suspected shall be referred to the respective Board
				or Commission.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 7 - RETIREMENTS › Section 17:1-7.4 - Biweekly salary computation; retirement and death benefits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In
				computing the salary upon which pension contributions were based during a
				member's last year of service, in the case of a 12-month employee reported on a
				biweekly basis, a total of 26 biweekly pays will be used, including any
				retroactive salary payments made for the covered period.
(b) In computing final compensation upon
				which pension contributions were based, in the case of a 12-month employee
				reported on a biweekly basis, the number of biweekly pays used depends on a
				member's date of enrollment and the system or fund in which the member is
				enrolled, as specified in
17:2-6.24
,
17:3-6.26
, 17:4-6.26, and
17:5-5.9
. Final
				compensation will include any retroactive salary payments made for the covered
				period.
(c) In order to compute the
				amounts under (a) and (b) above for biweekly employees, the actuary will supply
				factors to convert biweekly salaries to compensate for biweekly payroll
				schedules. Application of the factors to the salaries reported for pension
				purposes will develop the wage base for the calculation of benefits.
(d) In computing the amounts under (a) and
				(b) above in the case of employees reported on a 10-month basis, the total
				biweekly pays will include those pay periods in the third quarter of each year
				in which the member does not receive salary. The adjustment as specified in (c)
				above shall not be made.
(e) If a
				member was reported on a biweekly basis on any combination of 10-and 12-month
				contract years in such one or three-year period, the final average compensation
				or last year's salary period to death or retirement shall be determined on a
				proportional basis.
(f) The
				biweekly pay periods for which no contributions were made shall not be used in
				the calculation with the exception of the pay periods cited in (d)
				above.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 7 - RETIREMENTS › Section 17:1-7.5 - Disability applications; priorities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the
				Medical Review Board has made a specific recommendation that can be acted upon
				by the Board or Commission, the Disability Review Section will prepare
				sufficient copies and forward to the Secretaries of the respective retirement
				systems those cases that are ready for presentation to the Board or
				Commission.
(b) The priority in
				forwarding the cases to the Secretaries of the respective retirement systems
				shall be in the order of the Boards' or Commission's regular meeting
				schedule.
(c) If the Medical Review
				Board has not given a specific medical recommendation upon which the Board or
				Commission may act, the case will not be forwarded to the Secretary of the
				retirement system, but the Disability Review Section will proceed in accordance
				with the advice of the Medical Review Board to obtain additional information
				needed by the Board or Commission to render a medical recommendation.
1. The Disability Review Section will
				schedule a medical examination for the purpose of providing additional
				information to the Medical Review Board to make a determination about a
				disability retirement application. The initial independent medical examination
				(IME) scheduled by the Disability Review Section will be provided at no cost to
				the applicant.
2. If the applicant
				fails to attend and fails to cancel the initial IME scheduled by the Disability
				Review Section, the applicant will be required to pay for any subsequent
				medical examinations arranged by the Disability Review Section. This payment is
				required before the Division will reschedule the IME.
3. Failure to provide payment for the
				rescheduled IME within 90 days of the missed appointment date will result in
				the dismissal of the disability retirement case.
4. The member will be responsible to pay the
				IME's contractual rate for any subsequent IME required when additional medical
				documentation is submitted after the initial medical examination. The cost for
				the review of subsequent medical reports must be paid by the member in
				accordance with (c)3 above.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 7 - RETIREMENTS › Section 17:1-7.6 - Medical examinations; out-of-State

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The retirement
				system may arrange medical examinations, for members who live out-of-State,
				with physicians located in the vicinity of the member's place of
				residence.
(b) The independent
				medical examiner's report and all related data will be reviewed by the Board or
				Commission to determine whether the member's application for disability
				benefits will be approved.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 7 - RETIREMENTS › Section 17:1-7.7 - Post-retirement employment; employer certification; break-in-service-10-month members

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Employers shall certify on the
				Certification of Service and Final Salary form that the retiring employee has
				terminated all service.
(b) Members
				employed on a 10-month schedule who retire as of July 1st and return to another
				position within the same pension system, prior to October 1st of the same year,
				shall be deemed not to have a valid break-in-service for retirement purposes;
				thus, they are not considered to have a bona fide retirement.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 7 - RETIREMENTS › Section 17:1-7.8 - Employer resolution; involuntary disability application

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Applications for the involuntary disability retirement of an employee of a
				local employer must be accompanied by a resolution of the governing body, or in
				the case of a State employee, by a letter from the State department head,
				certifying that the employee is disabled and unable to perform the employee's
				regular or assigned duties.
(b) As
43:5-5
requires members
				to make their own option selection or beneficiary designation at retirement, an
				employer who is submitting an involuntary disability retirement application
				must select the maximum option and list the member's beneficiary as "estate".
				If the involuntary disability retirement is approved by the Board, the member
				may change the option selection and beneficiary designation for the pension
				benefit within 30 days. The member may also file a Designation of Beneficiary
				form, to designate a specific beneficiary to receive the member's life
				insurance benefits.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 7 - RETIREMENTS › Section 17:1-7.9 - Workers' compensation; reduction of retirement allowance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A member who
				retires on an accidental disability retirement under the provisions of the
				applicable statutes governing the various State-administered retirement systems
				and who receives periodic benefits under the workers' compensation law after
				the date of retirement shall be subject to a reduction in the pension portion
				of the member's retirement allowance in the amount of the periodic benefits
				received after the date of retirement.
1. The
				reduction shall be a dollar-for-dollar reduction in the pension portion of the
				retirement allowance in the amount of the periodic benefits for the time period
				for which the periodic benefits are received.
2. If the retiree receives a retirement
				allowance without reduction and periodic benefits under the workers'
				compensation law for any time period after the date of retirement, the retiree
				shall repay to the retirement system the amount of the pension portion of the
				retirement allowance, which should have been subject to reduction under the
				applicable statute and this rule. If the retiree is unable to make payment in
				one sum, repayment may be scheduled over a period not to exceed five years.
				Regular interest, as defined by N.J.S.A. 43:15A-6n, 18A:66-2m,
				43:16A-1(9),
				53:5A-3p and 43:6A-3n, shall apply to all such repayment schedules. Any other
				schedule of repayment shall be referred to the Board of Trustees for
				consideration. In the event of the death of the retiree before full repayment
				of the amount required under this rule, the remaining balance shall be deducted
				from any death benefits payable on behalf of the retiree.
3. The reduction under this rule shall not
				affect the retiree's pension adjustment benefits or survivor benefits that may
				be payable upon the death of the retiree except for any remaining balance due
				to the Division as provided in (a)2 above.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 7 - RETIREMENTS › Section 17:1-7.10 - Ordinary disability applications; medical examinations

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Applicants for disability retirement shall submit with their applications all
				the medical information they can supply relative to their disability, including
				reports of their personal physicians and consulting physicians, hospital
				records, diagnostic test results, and any other medical information which would
				assist the Medical Review Board and the Board or Commission of the retirement
				system in determining eligibility of the applicants for disability retirement.
				The Disability Review Section shall forward the applications and the
				accompanying medical information to the Medical Review Board.
1. The applicant must submit all required
				documentation within six months of submitting the disability retirement
				application, or the disability retirement application will be cancelled. The
				member will then be required to complete a new disability application for a
				future retirement date.
2. If
				additional documentation that existed at the time of the independent medical
				examination (IME) is submitted after the IME, the applicant will be charged for
				the cost of the addendum to the disability retirement application.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 7 - RETIREMENTS › Section 17:1-7.11 - Waiver

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Application for
				waiver in whole or part by a retiree or beneficiary who is eligible to receive
				the increased allowance shall be made at least 30 days prior to the desired
				effective date on a form required by the Division and shall be effective on the
				first day of a subsequent month.
(b) A waived benefit may be reinstated by
				application to the Division prior to the reinstatement date and shall be
				effective on the first of the month subsequent to the notice of cancellation of
				the waiver. There shall be no retroactive payments of any benefits waived
				thereto.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 8 - PENSION ADJUSTMENT PROGRAM › Section 17:1-8.1 - Employer payments; multiple enrollees

Current through Register Vol. 56, No. 14, July 15, 2024
The liability of the several employers in the case of
				  multiple enrollees (a pensioner receiving benefits from a retirement system on
				  the basis of several positions covered by the same system) whose enrollments
				  occurred on or before May 21, 2010, will be prorated on the basis of the final
				  salaries reported to the system prior to retirement. Multiple membership is not
				  permitted for enrollments after May 21, 2010.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 1 - GENERAL ADMINISTRATION › Subchapter 8 - PENSION ADJUSTMENT PROGRAM › Section 17:1-8.2 - Employer payments; delinquencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division
				will inform all retirees and beneficiaries of the reason for the suspension of
				payments.
(b) Retroactive
				adjustments will be made once the employer's appropriation has been
				paid.