S3385

An Act concerning service credit for certain members of the Prosecutors Part of the Public Employees’ Retirement System and amending P.L.2001, c.366.

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

1. Section 2 of P.L.2001, c.366 (C.43:15A-156) is amended to read as follows:

2. a. Notwithstanding the provisions of any other law, prosecutors shall be members of the Prosecutors Part, established pursuant to P.L.2001, c.366 (C.43:15A-155 et seq.), of the Public Employees' Retirement System, established pursuant to P.L.1954, c.84 (C.43:15A-1 et seq.), and shall be subject to the same membership and benefit provisions as State employees, except as provided by P.L.2001, c.366. Membership in the retirement system shall be a condition of employment for service as a prosecutor. Any service credit which has been established in the Public Employees' Retirement System prior to the effective date of this act, P.L.2021, c.226, shall be established in the Prosecutors Part without further assessment of cost to the prosecutor; provided, however, any service credit which has been established in the Public Employees' Retirement System and the Judicial Retirement System not deferred pursuant to section 1 of P.L.2019, c.287 (C.43:6A-11.1) by a member of the retirement system in any position prior to service as a county prosecutor, nominated and appointed pursuant to Article VII, Section II, paragraph 1 of the New Jersey Constitution, shall be established in the Prosecutors Part without further assessment of cost to the prosecutor.

Notwithstanding the provisions of any other law, rule, regulation, or administrative determination to the contrary, any person who was employed as a prosecutor on or before the effective date of P.L.2021, c.226, and who is an active member of the Prosecutors Part as of the effective date of P.L. , c. (pending before the Legislature as this bill), shall be permitted to transfer to the Prosecutors Part any service credit in the Public Employees’ Retirement System which was purchased by that member based on eligible employment prior to the effective date of P.L.2021, c.226, provided that the purchase of such service credit was made on or after the effective date of P.L.2021, c.226 but prior to the enactment of P.L. , c. (pending before the Legislature as this bill). Such service credit shall be established in the Prosecutors Part without further assessment of cost to the member as if it had been purchased and established prior to the effective date of P.L.2021, c.226.

Any county prosecutor, nominated and appointed pursuant to Article VII, Section II, paragraph 1 of the New Jersey Constitution before or after the effective date of P.L.2024, c.56, who purchases, after appointment as a county prosecutor, credit for service as a law clerk to a judge of the New Jersey Superior Court or justice of the New Jersey Supreme Court in the same manner and 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) shall have that service established in the Prosecutors Part.

Any county prosecutor or acting county prosecutor enrolled in the Defined Contribution Retirement Program as a county prosecutor or acting county prosecutor shall be eligible for service credit in the Prosecutors Part, except that the county prosecutor or acting county prosecutor shall first pay the amount equivalent to that amount contributed pursuant to section 3 of P.L.2007, c.92 (C.43:15C-3) during each fiscal year of membership in the Defined Contribution Retirement Program to be credited.

b. All outstanding obligations, such as loans, purchases and other arrearage, shall be satisfied by a prosecutor as previously scheduled for payment to the Public Employees' Retirement System.

(cf: P.L.2024, c.56, s.1.)

2. This act shall take effect immediately.

STATEMENT

This bill permits the transfer of service credit from the Public Employees’ Retirement System (PERS) to the Prosecutors Part of the PERS under certain circumstances.

Under the bill, any person who was employed as a prosecutor on or before the effective date of P.L.2021, c.226 (September 24, 2021), and who is currently enrolled as an active member of the Prosecutors Part of the PERS, will be permitted to transfer any service credit in the PERS that was purchased based on eligible employment prior to September 24, 2021 to the Prosecutors Part if the purchase of that service credit was made on or after September 24, 2021, but prior to the enactment of this bill.

Under the bill, such service credit will be established in the Prosecutors Part without further assessment of cost to the member as if it had been purchased and established prior to the effective date of P.L.2021, c.226.