ASSEMBLY, No. 5208

STATE OF NEW JERSEY

220th LEGISLATURE

 

INTRODUCED FEBRUARY 16, 2023

 


 

Sponsored by:

Assemblyman  CRAIG J. COUGHLIN

District 19 (Middlesex)

Assemblywoman  NANCY F. MUNOZ

District 21 (Morris, Somerset and Union)

Assemblyman  BENJIE E. WIMBERLY

District 35 (Bergen and Passaic)

Senator  NICHOLAS P. SCUTARI

District 22 (Middlesex, Somerset and Union)

Senator  ANTHONY M. BUCCO

District 25 (Morris and Somerset)

 

Co-Sponsored by:

Assemblywoman Quijano

 

 

 

 

SYNOPSIS

     Extends provisions of P.L.2021, c.498 in certain circumstances.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act  concerning a temporary return to employment by a former employee of the Legislature after retirement from the Public Employees’ Retirement System, and amending P.L.2021, c.498.

 

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

 

      1.  Section 1 of P.L.2021, c.498 shall be amended to read as follows:

      1.   Notwithstanding any provision of P.L.1954, c.84 (C.43:15A-1 et seq.) to the contrary, a former member of the Public Employees’ Retirement System who is a former employee of the Legislature and who has been granted a retirement allowance prior to the effective date of [this act,] P.L.2021, c.498, or during calendar [year] years 2022, 2023, or 2024, for any cause other than disability, may return to employment in the Legislature, without cancellation of the retirement and reenrollment in the system, for a term of not more than [two] four years if: (1) the return commences no less than 30 days after the retirement allowance becomes due and payable; (2) the former member had attained the service retirement age, applicable to that member, as of the date of retirement; and (3) the former member is re-employed as a part-time employee and works no more than 20 hours per week.

      The former member’s retirement shall have been a bona fide retirement and any employment or reemployment under this section shall not be prearranged before retirement.

      This section shall be effective if the qualified status of the retirement system under federal law can be maintained upon its application, and such notifications to the system as may be available shall be made to allow for its application.

      A former member of the Legislature shall not be eligible to return to employment or office with the Legislature under this section.

      A former member of the retirement system who returned to employment pursuant to this section prior to the effective date of P.L.    , c.    (pending before the Legislature as this bill) shall be permitted to extend the term of the return to employment from two years to four years from the date of return.

(cf: P.L.2021, c.498, s.1)

 

      2.   This act shall take effect immediately.

 

 

STATEMENT

 

     This bill extends the provision of current law that permits a retired member of the Public Employees’ Retirement System (PERS) to return to employment with the Legislature under certain circumstances.

     Under current law, a retired member of the PERS who was employed with the Legislature and who was granted a retirement allowance prior to or on January 18, 2021, or during calendar year 2022, for any cause other than disability, may return to employment with the Legislature, without cancellation of the retirement and reenrollment in the PERS, for a term of not more than two years.  This return is permitted if:

     (1)   the return commences no less than 30 days after the retirement allowance becomes due and payable;

     (2)   the retired member had attained the service retirement age, applicable to that member, as of the date of retirement; and

     (3)   the retired member is re-employed as a part-time employee and works no more than 20 hours per week.

     The retirement has to be a bona fide retirement and any return to employment under this law cannot be prearranged before retirement.  The law does not apply to a former member of the Legislature itself.

     Under this bill, the current law is extended to any PERS member who retires during 2023 and 2024, and the term of the return to employment is extended to four years from two years.  A retired member who returned to employment under the current law is permitted to extend the employment from two years to four years from the date of return.