Bill Text: NJ S2986 | 2024-2025 | Regular Session | Introduced
Bill Title: Includes certain employees of the DLPS as members of the Prosecutors Part of PERS.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-03-18 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S2986 Detail]
Download: New_Jersey-2024-S2986-Introduced.html
Sponsored by:
Senator VIN GOPAL
District 11 (Monmouth)
SYNOPSIS
Includes certain employees of the DLPS as members of the Prosecutors Part of PERS.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning membership of certain employees of the Department of Law and Public Safety in the Prosecutors Part of PERS, and amending P.L.2001, c.366.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2001, c.366 (C.43:15A-155) is amended to read as follows:
1. As used in [this act,] P.L.2001, c.366 (C.43:15A-155 et seq.):
"Service" includes service as (1) a county prosecutor, first assistant prosecutor or assistant prosecutor as defined in N.J.S.2A:158-1 et seq.; (2) the Director of the [Division] Divisions of Criminal Justice, Law, and Alcoholic Beverage Control in the Department of Law and Public Safety; (3) an assistant director, deputy director, assistant attorney general or deputy attorney general in that department and assigned to [that division] those divisions pursuant to P.L.1970, c.74 (C.52:17B-97 et seq.) or P.L.1948, c.439 (C.52:17B-3); or (4) a criminal investigator in the Division of Criminal Justice in the Department of Law and Public Safety who is not eligible for enrollment in the Police and Firemen's Retirement System, established pursuant to P.L.1944, c.255 (C.43:16A-1 et seq.).
"Beneficiary" means any person entitled to receive any benefit pursuant to the provisions of [this act] P.L.2001, c.366 (C.43:15A-155 et seq.) by reason of the death of a prosecutor or retirant.
"Final compensation" means the annual salary received by the member of the Prosecutors Part at the time of retirement or death.
"Retirant" means any former member of the Prosecutors Part receiving a pension or retirement allowance as provided by [this act] P.L.2001, c.366 (C.43:15A-155 et seq.).
"Prosecutor" means (1) a county prosecutor, first assistant prosecutor or assistant prosecutor as defined in N.J.S.2A:158-1 et seq.; (2) the Director of the [Division] Divisions of Criminal Justice, Law, and Alcoholic Beverage Control in the Department of Law and Public Safety; (3) an assistant director, deputy director, assistant attorney general or deputy attorney general in that department and assigned to that division pursuant to P.L.1970, c.74 (C.52:17B-97 et seq.) or P.L.1948, c.439 (C.52:17B-3); or (4) a criminal investigator in the Division of Criminal Justice in the Department of Law and Public Safety who is not eligible for enrollment in the Police and Firemen's Retirement System.
(cf: P.L.2001, c.366, s.1)
2. 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] P.L. , c. (pending before the Legislature as this bill), 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. 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.2021, c.226, s.1)
3. This act shall take effect immediately.
STATEMENT
This bill includes the
directors, assistant directors, deputy directors, assistant attorneys general,
and deputy attorneys general in the Divisions of Law and Alcoholic Beverage
Control, within the
Department of Law and Public Safety, as members in the Prosecutors Part of the Public Employees Retirement System (PERS). Under current law, the only Department of Law and Public Safety employees included in the Prosecutor's Part of PERS are employees of the Division of Criminal Justice.
