ASSEMBLY, No. 2169
STATE OF NEW JERSEY
INTRODUCED JUNE 20, 1996
By Assemblymen MORAN, CONNORS, Holzapfel, Wolfe, Cottrell, Rocco and Malone
An Act providing for the purchase of certain service credit in the Teachers' Pension and Annuity Fund or the Public Employees' Retirement System.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. A member of the Teachers' Pension and Annuity Fund who prior to June 23, 1982 held a valid certificate of the State Board of Education as a teacher and was employed as a remedial or supplemental instructor in a position funded in whole or in part from federal funds under Title I of the federal Elementary and Secondary Education Act of 1965, 20 U.S.C.A.§236 et seq., and whose service in that position would have qualified the person for tenure as a teacher under the provisions of chapter 28 of Title 18A of the New Jersey Statutes applicable on that date, but who did not acquire tenure in that position prior to that date, may purchase credit for the service if the member submits to the retirement system an application to make the purchase not later than the 180th day following the effective date of this act, P.L. , c. (now pending before the Legislature as this bill). The purchase shall be made in the same manner and be subject to the same terms and conditions provided for the purchase of previous membership service by N.J.S.18A:66-9.
2. A member of the Public Employees' Retirement System who prior to June 23, 1982 held a valid certificate of the State Board of Education as a teacher and was employed as a remedial or supplemental instructor in a position funded in whole or in part from federal funds under Title I of the Elementary and Secondary Education Act of 1965, 20 U.S.C.A.§236 et seq., and whose service in that position would have qualified the person for tenure as a teacher under the provisions of chapter 28 of Title 18A of the New Jersey Statutes applicable on that date, but who did not acquire tenure in that position prior to that date, may purchase credit for the service if the member submits to the retirement system an application to make the purchase not later than the 180th day following the effective date of this act, P.L. , c. (now pending before the Legislature as this bill). The purchase shall be made in the same manner and be subject to the same terms and conditions provided for the purchase of previous membership service by section 8 of P.L.1954, c.84 (C.43:15A-8).
3. This act shall take effect immediately and shall expire on the 181st day following enactment.
STATEMENT
This bill permits certain members of the Teachers' Pension and Annuity Fund (TPAF) and the Public Employees' Retirement System (PERS) who served as a "Title I" remedial or supplemental teacher prior to the New Jersey Supreme Court's decision that such teachers were entitled to tenure rights and fringe benefits available to other teachers to purchase TPAF or PERS credit for that service.
The bill applies to any TPAF or PERS member (1) who prior to June 23, 1982 held a valid New Jersey teaching certificate and was employed as a remedial or supplemental instructor in a position funded in whole or in part from federal funds under Title I of the Elementary and Secondary Education Act of 1965, 20 U.S.C.A.§236 et seq., and (2) whose service in that position would have qualified the person for tenure under the tenure statute as it was construed by the New Jersey Supreme Court on that date in the Court's decision in Spiewak v. Rutherford Bd. of Ed., 90 N.J.63 (1982), but (3) who did not acquire tenure in that position prior to that date. (The Spiewak decision made the legal rule established by that case applicable on a prospective basis only, so that some teachers who would have been eligible for tenure had the new rule been applicable earlier did not benefit from the decision.) The bill provides that such a member could purchase TPAF or PERS credit for the pre-June 23, 1982 service as a remedial or supplemental instructor.
The bill provides that the member must apply to make the purchase not later than 180 days following the date on which the bill takes effect as law. The terms of the purchase would be the same as those applicable to the purchase of previous membership service (i.e., the member must purchase all of the service rendered as a Title I teacher, but is liable only for the "employee's share" of the cost of that service).
Permits purchase of TPAF or PERS credit for certain service as remedial or supplemental teacher under Title I of federal Elementary and Secondary Education Act of 1965.