New Jersey Statutes 43:15A-7.5. Reenrollment in PERS for certain persons holding elective public office
Terms Used In New Jersey Statutes 43:15A-7.5
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
As of the date of enrollment in the system, the elected official’s participation, if any, in another State-administered retirement program on the basis of that elective public office shall be suspended. The elected public official may elect to waive enrollment in the Public Employees’ Retirement System by signing a form prepared by the division.
b. An elected public official eligible for enrollment in the Public Employees’ Retirement System pursuant to subsection a. of this section may request, in writing, within 180 days of the effective date of this act, P.L.2017, c.344, that the official’s enrollment in the system be made retroactive to the date of his or her assumption of another elective office without a break in service as required by sections 7 and 75 of P.L.1954, c.84 (C. 43:15A-7 and 43:15A-75), or section 1 of P.L.1972, c. 167 (C. 43:15A-135), as amended by P.L.2017, c.344. The division shall grant the request only if the elected official complies with such terms and conditions as may be imposed by the division to ensure compliance with federal law, to ensure that the elected official will not be eligible to receive a benefit from both the Public Employee’s Retirement System and another State-administered retirement program for the same period of service in the elective public office, and to ensure that the employer is reimbursed for any contributions made to the other program by either the program or the elected official unless those contributions may be rolled over into the PERS. Before fulfilling the request, the division shall inform the elected official, in writing, of the terms and conditions for granting the request, and shall include an estimate of any resulting loss of contributions and earnings, penalties that may be imposed by federal or State law, and contributions to be paid to the system by the employee and employer or former employer for the period of retroactive enrollment.
L.2017, c.344, s.5.