N.J. Admin. Code § 17:2-2.9

Current through Register Vol. 56, No. 21, November 4, 2024

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)

(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.

(b) Those employees who do not meet the eligibility requirements found at N.J.S.A. 43:15A-7, or who are subject to professional services contracts as set forth in N.J.S.A. 43:15A-7.2 or who meet the eligibility requirements for the DCRP found at N.J.S.A. 43:15C-2 are ineligible for membership in PERS.

(c) Enrollment in the PERS is at the option of an eligible employee. The employee must elect to enroll in the PERS within 90 days of either the date of the modification of the State of New Jersey's agreement with the Social Security Administration, following adoption of the Chapter 263 resolution by the bi-state or multi-state agency, or the employee's date of appointment to a PERS-eligible position, whichever is later. If the PERS does not receive an enrollment form for the employee within that 90-day period, the employee shall be ineligible for enrollment in the PERS during his or her continued employment with the agency.

(d) The enrollment date of the employee shall be the first of the month after a completed enrollment application is submitted to the PERS.

(e) The employee may then purchase, at full cost as defined by 17:2-5.5(b), any service with the agency between the date that the employer designates as the effective date of the resolution and the employee's enrollment date, as long as the employee is not eligible for a present or future pension benefit with another retirement system for that same service. In no case would the employee receive credit for service with the agency prior to January 1, 2002. The agency may elect to pay for any portion of this purchase of service for the member, but any such employer payments shall be deposited in the PERS general fund and not the employee's account.

(f) Once an employee is enrolled in the PERS, that employee must remain a member of the PERS during the entire period of continuous service with the agency. The employee cannot be enrolled or receive credit in the employer's retirement plan or the Pennsylvania, New York, Connecticut, Delaware, or any other state or local retirement system during the same period of time as the PERS service with the agency. Should the employee terminate employment with the agency and then be reemployed by that agency or any other bi-state or multi-state agency that has adopted the provisions of PERS, that employee shall be required to continue enrollment in the PERS from that new position, as long as the employee is a New Jersey resident on the date of appointment or employment and has an active PERS account.

(g) An employee who opts not to enroll in the PERS when eligible at a bi-state or multi-state agency and then leaves the agency, has the option of enrolling in the PERS within 90 days of reemployment with a bi-state or multi-state agency if the employee meets the enrollment requirements found at (a) above.

(h) If an employee opts not to enroll in the PERS when eligible at a bi-state or multi-state agency and that employee becomes a PERS member in the future by virtue of employment with another public employer, or with the same agency after a break in service, the cost of the purchase of service credit for the earlier employment with the bi-state or multi-state agency which occurred between January 1, 2002 or the effective date established by the employer, whichever is later, and the employee's latest possible enrollment date from the previous employment, shall be calculated as a full cost purchase.

N.J. Admin. Code § 17:2-2.9

Amended by 50 N.J.R. 646(a), effective 1/16/2018