SENATE, No. 2065
STATE OF NEW JERSEY
INTRODUCED MAY 15, 1997
By Senator CIESLA
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 December 12, 1979 held a valid certificate of the State Board of Education as a teacher and served 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., but who was not enrolled in the retirement system prior to that date, may purchase credit for such 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 amount of credit eligible for such purchase with respect to the person's service in such position during a calendar period in any school year shall be the same as the amount of credit that would be allowed if the person were employed in such position during an identical calendar period in the school year in which application for the purchase is made. 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 December 12, 1979 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., but who was not enrolled in the retirement system 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 amount of credit eligible for such purchase with respect to the person's service in such position during a calendar period in any school year shall be the same as the amount of credit that would be allowed if the person were employed in such position during an identical calendar period in the school year in which application for the purchase is made. 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) to purchase TPAF or PERS credit for service as a "Title I" remedial or supplemental teacher rendered prior to the decision by the Appellate Division of Superior Court (Gladden v. Pub. Emp. Retirem. Sys. Trustee Bd., 171 N.J.Super. 363 (App.Div.1979)) that it was not necessary for a public employee to be paid in each of four calendar quarters to qualify for membership in the retirement system.
The bill applies to any TPAF or PERS member who (1) prior to December 12, 1979 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., but (2) was not enrolled in the retirement system prior to that date. The bill provides that such a member could purchase TPAF or PERS credit for the pre-December 12, 1979 service as a remedial or supplemental instructor. The amount of credit eligible for the purchase with respect to the person's service in such position during a calendar period in any school year would be the same as the amount of credit that would be allowed if the person were employed in the position during an identical calendar period in the school year in which application for the purchase is made.
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.