ASSEMBLY, No. 2146

 

STATE OF NEW JERSEY

 

INTRODUCED JUNE 17, 1996

 

 

By Assemblywoman TURNER

 

 

An Act concerning certain pensioners in public employment and supplementing P.L.1954, c.84 (C.43:15A-1 et seq.).

 

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

 

    1. Notwithstanding the provisions of section 27 of P.L.1966, c.217 (C.43:15A-57.2) or any other law to the contrary, in the case of a former member of the retirement system who has been granted for any cause other than disability a retirement allowance based in whole or in part upon at least 10 years of continuous service immediately preceding retirement rendered exclusively to the State or to any agency or instrumentality thereof, if the former member becomes employed by a county or municipality in a position that makes the person eligible to be a member of the retirement system, the retirement allowance of the former member and the right to any death benefit as a result of the former membership shall not be cancelled, and the person shall not be reenrolled in the retirement system. If the former member thereafter becomes employed again by the State or by any agency or instrumentality thereof in a position that makes the person eligible to be a member of the retirement system, the person shall thereupon be reenrolled in the retirement system and shall contribute thereto and otherwise be treated as an active member thereof in the manner prescribed by section 27 of P.L.1966, c.217 with respect to all covered employment.

 

    2. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill creates a limited exemption from a provision of the law governing the Public Employees' Retirement System (PERS) that a PERS retirant (other than for disability) who reenters service in a PERS-covered position must, until the person again retires, forego receipt of the pension based on the retirant's earlier service and be reenrolled in the retirement system. Under the bill, a PERS retirant whose final 10 years of covered service preceding retirement were rendered exclusively to a State employer could return to service with a county or municipal employer in a position otherwise covered by PERS without being subject to interruption of the pension or reenrollment in the system. The exemption would cease if the retirant were thereafter to reenter State service in a covered position.

 

 

                             

 

Permits PERS retirant from State service to take PERS-covered position with county or municipality without being subject to reenrollment in PERS or loss of pension benefit.