Sponsored by:
Assemblyman VINCENT MAZZEO
District 2 (Atlantic)
Co-Sponsored by:
Assemblyman Caputo, Assemblywoman Murphy and Assemblyman Giblin
SYNOPSIS
Permits prosecutors to enroll in Prosecutors Part of PERS.
CURRENT VERSION OF TEXT
As reported by the Assembly State and Local Government Committee on June 9, 2021, with amendments.
An Act concerning enrollment in the Prosecutors Part of the Public Employees’ Retirement System and amending P.L.2001, c.366.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.2001, c.366 (C.43:15A-156) is amended to read as follows:
2. a. Notwithstanding the provisions of any other law, prosecutors shall be members of the Prosecutors Part, established pursuant to P.L.2001, c.366 (C.43:15A-155 et seq.), of the Public Employees' Retirement System, established pursuant to P.L.1954, c.84 (C.43:15A-1 et seq.), [if enrolled in the part prior to the effective date of P.L.2010, c.1,] and shall be subject to the same membership and benefit provisions as State employees, except as provided by P.L.2001, c.366. Membership in the retirement system shall be a condition of employment for service as a prosecutor [for a prosecutor enrolled in the part prior to the effective date of P.L.2010, c.1]. Any service credit which has been established in the Public Employees' Retirement System 1[by a prosecutor]1 prior to the effective date of this act, P.L. , c. (pending before the Legislature as this bill), shall be established in the Prosecutors Part without further assessment of cost to the prosecutor; provided, however, any service credit which has been established in the Public Employees' Retirement System 1and the Judicial Retirement System not deferred pursuant to section 1 of P.L.2019, c.287 (C.43:6A-11.1)1 by a member of the retirement system in any position prior to service as a county prosecutor, nominated and appointed pursuant to Article VII, Section II, paragraph 1 of the New Jersey Constitution, shall be established in the Prosecutors Part without further assessment of cost to the prosecutor. 1Any county prosecutor or acting county prosecutor enrolled in the Defined Contribution Retirement Program as a county prosecutor or acting county prosecutor shall be eligible for service credit in the Prosecutors Part, except that the county prosecutor or acting county prosecutor shall first pay the amount equivalent to that amount contributed pursuant to section 3 of P.L.2007, c.92 (C.43:15C-3) during each fiscal year of membership in the Defined Contribution Retirement Program to be credited.1
[A prosecutor who becomes a member of the retirement system on or after the effective date of P.L.2010, c.1 shall not be a member of the Prosecutors Part and the provisions of P.L.2001, c.366 (C.43:15A-155 et seq.) shall not apply to such prosecutor or the prosecutor's beneficiary.]
b. All outstanding obligations, such as loans, purchases and other arrearage, shall be satisfied by a prosecutor as previously scheduled for payment to the Public Employees' Retirement System.
(cf: P.L.2010, c.1, s.36)
2. This act shall take effect immediately.