SENATE, No. 3150

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED NOVEMBER 5, 2020

 


 

Sponsored by:

Senator  NELLIE POU

District 35 (Bergen and Passaic)

 

 

 

 

SYNOPSIS

     Permits school nurse who is retired from TPAF to return to employment during public health emergency and state of emergency for COVID-19 pandemic, for up to two years without reenrollment in TPAF.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning a return to employment by a school nurse during the public health emergency and state of emergency for the COVID-19 pandemic after retirement from the Teachers’ Pension and Annuity Fund.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

      1.   Notwithstanding the provisions of N.J.S.18A:66-53.2 to the contrary, the cancellation, reenrollment, and additional retirement allowance provisions of subsection a. of N.J.S.18A:66-53.2 shall not apply to a former member of the Teachers’ Pension and Annuity Fund who is a certified school nurse and who, after having been granted a retirement allowance, becomes employed by a board of education as a certified school nurse on a contractual basis for a term of not more than one year; except that the cancellation, reenrollment, and additional retirement allowance provisions shall apply if the former member becomes employed as a certified school nurse within 60 days of retirement with the employer from which the member retired.  Nothing herein shall preclude a former member so reemployed with a board of education from renewing a contract for one additional year; provided that the total period of employment with any individual board of education does not exceed a two-year period, unless so approved by the Commissioner of Education as being in the best interests of the school district; and provided that no such renewal shall provide the former member an election regarding whether or not to be reenrolled.

      This section shall apply only with regard to a certified school nurse whose reemployment with any board of education commences during the public health emergency and state of emergency declared by the Governor in Executive Order No. 103 for the COVID-19 pandemic and during any extensions of that public health emergency and state of emergency.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would permit a certified school nurse who retired from the Teachers’ Pension and Annuity Fund (TPAF) to return to work full time as a certified school nurse with a board of education without being reenrolled in the TPAF if reemployment commences during the period of the public health emergency and state of emergency declared due to the COVID-19 pandemic.  If the retired school nurse returns to work with the former employer, it must occur more than 60 days after the retirement.  This bill will permit the school nurse to receive the TPAF retirement allowance as well as a salary.  The bill permits the return to work under a contract for one year, which may be renewed only for one additional year. The total period of reemployment with any individual board of education is not exceed a two-year period, unless so approved by the Commissioner of Education as being in the best interests of the school district.

     Current law has a substantially similar provision to permit certain TPAF retirees to return to work with a board of education in a TPAF position as a certificated superintendent or certificated administrator for a limited period of time, without reenrollment in the TPAF.

     There may be additional requirements that would have to be met in certain circumstances for a return to work in order to comply with the laws and regulations of the federal Internal Revenue Code.