Bill Text: NJ S3552 | 2018-2019 | Regular Session | Introduced


Bill Title: Permits participation in law enforcement officer category of PERS by members who were not eligible for enrollment in PFRS due to age or medical restrictions.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2019-03-05 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S3552 Detail]

Download: New_Jersey-2018-S3552-Introduced.html

SENATE, No. 3552

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED MARCH 5, 2019

 


 

Sponsored by:

Senator  NILSA CRUZ-PEREZ

District 5 (Camden and Gloucester)

 

 

 

 

SYNOPSIS

     Permits participation in law enforcement officer category of PERS by members who were not eligible for enrollment in PFRS due to age or medical restrictions.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning participation in the law enforcement officer category of the Public Employees' Retirement System and supplementing P.L.1955, c.257.

 

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

 

     1.    a.  Any member who is enrolled in the Public Employees' Retirement System on or after the effective date of P.L.   , c.    (pending before the Legislature as this bill) because the member does not meet the age or medical requirement for enrollment in the Police and Firemen's Retirement System on the basis of the position held shall be enrolled in the law enforcement officer category of the system, unless the member signs a waiver of participation within 90 days of receiving the notification of eligibility for participation in that category.  A member who signs the waiver shall be enrolled as a non-law enforcement officer in the regular system, except that the member shall be subject to compulsory retirement as provided in section 3 of P.L.1955, 257 (C.43:15A-7). 

     b.    Any member who was enrolled in the Public Employees' Retirement System before the effective date of P.L.   , c.    (pending before the Legislature as this bill) because the member did not meet the age or medical requirement for enrollment in the Police and Firemen's Retirement System on the basis of the position held shall be enrolled as a participant in the law enforcement officer category of the system within 90 days following the effective of P.L.   , c.    (pending before the Legislature as this bill), unless the member signs a waiver of participation within 60 days of receiving the notification of eligibility for participation in that category.  A member who signs the waiver shall remain enrolled as a non-law enforcement officer in the regular system and the member shall not be subject to compulsory retirement as provided in section 3 of P.L.1955, 257 (C.43:15A-7). 

     c.    Any member who is enrolled as a participant of the law enforcement officer category of the Public Employees' Retirement System in accordance with subsection a. or b. of this section shall be eligible for all the benefits and shall be subject to all the requirements set forth in P.L.1955, c.257 (C.43:15A-97 et seq.) from the date the member is made a participant.  All service credit in the regular Public Employees' Retirement System in a position eligible for participation in the category under subsection b. of this section shall be considered service credit as a law enforcement officer in that category when the member is made a participant of the category.

     d.    This section shall apply to any person who meets the eligibility requirement set forth herein, notwithstanding the definition of law enforcement officer in section 1 of P.L.1955, c.257 (C.43:15A-97).

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     A law enacted in 1955 established the law enforcement officer (LEO) category as a special group of the Public Employees' Retirement System (PERS).  The LEO group is eligible for enhanced retirement benefits not available to regular PERS members.  The category of individuals authorized to participate as LEO members is limited and is specifically defined in the law by the title of the eligible position.  An individual who does not meet the age or medical requirements for entry into the Police and Firemen's Retirement System (PFRS) as a result of employment in a title specifically named in that law is eligible to participate in the LEO category or as a regular member of the PERS.  An individual employed in an eligible job title who meets the enrollment criteria will be enrolled in the LEO category of PERS membership, unless the member specifically signs a waiver.  A LEO-eligible individual who signs the waiver will be enrolled as a non-law enforcement officer in the regular PERS retirement system; however, any member holding a LEO-eligible title is subject to the mandatory retirement provision of the current law.

     This bill provides that any individual who is enrolled in the PERS before or after the effective date of this bill because the individual does not meet the age or medical requirement for enrollment in the PFRS, even if the individual's job title is not listed in the current law, will be enrolled in the law enforcement officer category of the PERS, unless the member signs a waiver of participation.  Upon enrollment in the law enforcement officer category, these members will also be eligible for enhanced benefits.

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