N.J. Admin. Code § 17:6-4.1

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

Section 17:6-4.1 - Eligibility

(a) The following persons shall be eligible for, and shall participate in, the Defined Contribution Retirement Program, provided they are eligible employees of an employer on or after the date the Retirement Plan was established, July 1, 2007, under the provisions of N.J.S.A. 43:15C-1:

1. A person who commences service on or after the effective date in an elective public office of the State or of a political subdivision thereof other than such a person who holds elective public office on the effective date and is enrolled in the Public Employees' Retirement System while that person continues to hold that elective office without a break in service. Service in the Legislature shall be considered a single elective public office;

2. A person who commences service on or after the effective date in an employment, office or position of the State or of a political subdivision thereof, or an agency, board, commission, authority or instrumentality of the State or of a subdivision, pursuant to an appointment by the Governor that requires the advice and consent of the Senate, or pursuant to an appointment by the Governor to serve at the pleasure of the Governor only during his or her term of office. This paragraph shall not be deemed to include a person otherwise eligible for membership in the State Police Retirement System or the Judicial Retirement System;

3. A person who commences service on or after the effective date in an employment, office or position in a political subdivision of the State, or an agency, board, commission, authority or instrumentality of a subdivision, pursuant to an appointment by an elected public official or elected governing body, that requires the specific consent or approval of the elected governing body of the political subdivision that is substantially similar in nature to the advice and consent of the Senate for appointments by the Governor of the State as that similarity is determined by the elected governing body and set forth in an adopted ordinance or resolution, pursuant to guidelines or policy that shall be established by the Local Finance Board in the Department of Community Affairs or the Department of Education, as appropriate to the elected governing body. This paragraph shall not be deemed to include the classes of persons excluded from participation in 17:6-4.2.

4. A person who is granted a pension or retirement allowance under any pension fund or retirement system established under the laws of this State and elects to participate pursuant to section 1 of P.L. 1977, c. 171 (43:3C-3 ) upon being elected to public office;

5. A person who is a member of the Teachers' Pension and Annuity Fund, Police and Firemen's Retirement System, State Police Retirement System, or the Public Employees' Retirement System for whom compensation is defined as the amount of base or contractual salary equivalent to the annual maximum wage contribution base for old age Social Security benefits, pursuant to the Federal Insurance Contributions Act, 26 U.S.C. §§ 3101 et seq., for contribution and benefit purposes in either of those retirement systems, for whom participation in the Retirement Plan shall be with regard to any excess over the maximum compensation only; and

6. A person in eligible employment, office, or position for which the annual salary is at least $ 5,000 or remuneration is less, or the hours of work per week are fewer, than that which is required to become a member of the Teachers' Pension and Annuity Fund or the Public Employees' Retirement System, or to make contributions to those systems as a member on the basis of any such employment, office, or position, after November 1, 2008. N.J.S.A. 43:15C-2clearly defines eligible employment to exclude: an employee with a base salary of less than $ 5,000 per year; an employee who is eligible for membership in another State-administered retirement plan; an employee who is receiving a benefit from a State or locally administered plan; and persons excluded by N.J.S.A. 43:15A-7.2(professional service contracts).

(b) The classification by the Plan Administrator of a person as an eligible employee, or not, shall be conclusive.

N.J. Admin. Code § 17:6-4.1

Amended by 52 N.J.R. 802(a), effective 4/6/2020