N.J. Admin. Code § 17:1-2.16

Current through Register Vol. 56, No. 23, December 2, 2024

Section 17:1-2.16 - Workers' compensation without pay: employer's obligation regarding employee contributions

(a) An employer is responsible for the payment of an employee's pension contributions while the employee is receiving periodic benefits through workers' compensation.

(b) An employer is not responsible for the payment of an employee's pension contributions while the employee is receiving a periodic award of benefits through workers' compensation if a valid termination from employment has occurred. If an employer ceases payment of employee pension contributions due to a valid termination, as listed in (b)3 or 4 below, the employer shall notify the Division in writing of the reasons for the cessation of payments. A valid termination exists when:

1. The employee voluntarily files for a retirement allowance that is subsequently approved;

2. The employer files an involuntary disability retirement application for the employee that is subsequently approved;

3. The employee voluntarily resigns from employment for reasons other than the inability to perform the job's functions due to the incident that was the basis for the workers' compensation award; or

4. The employee is terminated by the employer for reasons unrelated to a workers' compensation award.

N.J. Admin. Code § 17:1-2.16

Amended by R.2009 d.25, effective 1/5/2009.
See: 40 N.J.R. 4928(a), 41 N.J.R. 277(a).
In the introductory paragraph of (b), deleted "without pay" following "compensation" and "of Pensions and Benefits" following "Division".