A6049

An Act concerning the transfer of service credit into 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 by a prosecutor prior to the effective date of [this act] P.L.2001, c.366 shall be established in the Prosecutors Part without further assessment of cost to the prosecutor; except that any prosecutor who was enrolled in the system on the effective date of P.L.2001, c.366, terminated active service as a prosecutor prior to the effective date of P.L.2001, c.366, and resumed active service as a prosecutor after the effective date P.L.2001, c.366 within two years of such termination shall have service credit earned in the system as a prosecutor prior to the effective date of P.L.2001, c.366 established in the part without further assessment of cost to the prosecutor; and provided, however, any service credit which has been established in the Public Employees' Retirement System 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.

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.

STATEMENT

This bill permits certain prosecutors to transfer service credit from the Public Employees’ Retirement System (PERS) into the Prosecutors Part of the PERS.

The Prosecutors Part of the PERS was established on January 7, 2002. The law establishing the part permitted prosecutors serving on the law’s effective date to transfer PERS service credit earned in any position before the effective date into the part without cost to the prosecutor. However, any person who was not serving as a prosecutor on the effective date could not transfer past PERS service credit into the part, unless the person was appointed by the Governor as a county prosecutor after the effective date. The Prosecutors Part has been closed to new members since May 21, 2010.

This bill permits PERS members who were enrolled, but not actively serving as a prosecutor, on the law’s effective date to transfer service credit earned prior to that date in the PERS as a prosecutor into the part if the person terminated active service prior to the effective date of the law and resumed active service after the effective date of the law within two years of termination. Holding any position within the definition of “prosecutor” would constitute resumption of active service. The service credit earned in the PERS as a prosecutor would be established in the Prosecutors Part without cost to the prosecutor.

“Prosecutor” is defined in the law as a county prosecutor, first assistant prosecutor or assistant prosecutor; the Director of the Division of Criminal Justice in the Department of Law and Public Safety; an assistant director, deputy director, assistant attorney general or deputy attorney general in that department and assigned to that division; or a criminal investigator in the Division of Criminal Justice in the Department of Law and Public Safety who is not eligible for enrollment in the Police and Firemen's Retirement System.