Bill Text: NJ S2412 | 2024-2025 | Regular Session | Introduced


Bill Title: Permits non-instructional staff member retired from PERS to return to employment in school district for up to two years without reenrollment in PERS if employment commences during remainder of 2023-2024 and entirety of 2024-2025 school years.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-29 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S2412 Detail]

Download: New_Jersey-2024-S2412-Introduced.html

SENATE, No. 2412

STATE OF NEW JERSEY

221st LEGISLATURE

 

INTRODUCED JANUARY 29, 2024

 


 

Sponsored by:

Senator  JAMES BEACH

District 6 (Burlington and Camden)

 

 

 

 

SYNOPSIS

     Permits non-instructional staff member retired from PERS to return to employment in school district for up to two years without reenrollment in PERS if employment commences during remainder of 2023-2024 and entirety of the 2024-2025 school years.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning a return to employment in a school district by non-instructional staff during the 2023-2024 and 2024-2025 school years after retirement from the Public Employees' Retirement System.      

 

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

 

     1.    a. Notwithstanding the provisions of section 27 of P.L.1966, c.217 (C.43:15A-57.2) to the contrary, the cancellation, reenrollment, and additional retirement allowance provisions of subsection a. of section 27 of P.L.1966, c.217 (C.43:15A-57.2) shall not apply to a former member of the Public Employees' Retirement System who is a non-instructional staff member and who, after having been granted a retirement allowance, becomes employed by a board of education in a position of critical need as determined by the State Commissioner of Education on a contractual basis for a term of not more than one year; except that the cancellation, reenrollment, and additional retirement allowance provisions shall apply if the former member becomes employed within 120 days with the employer from which the member retired.  Nothing herein shall preclude a former member so reemployed with a board of education from renewing a contract for one additional year; provided that the total period of employment with any individual board of education does not exceed a two-year period, unless so approved by the Commissioner of Education as being in the best interests of the school district; and provided that no such renewal shall provide the former member an election regarding whether or not to be reenrolled.

     The former member's retirement shall have been a bona fide retirement and any employment or reemployment under this section shall not be prearranged before retirement.

     b.    A school district of a board of education with a position of critical need, as determined by the Commissioner of Education, seeking to reemploy a former member pursuant to the provisions of subsection a. of this section shall demonstrate to the board of education the need for reemploying such members prior to reemployment by the board of education.

     This section shall apply only with regard to a non-instructional staff member whose reemployment with any board of education commences during the remainder of the 2023-2024 school year and the entirety of the 2024-2025 school year.

     c.     As used in this section, "non-instructional staff member" means a New Jersey school-based employee whose position does not require a New Jersey Department of Education certification and who is or was enrolled in the Public Employees' Retirement

System.

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

      This bill would permit a non-instructional staff member who retired from the Public Employees' Retirement System (PERS) to return to work full time with a board of education in a position of critical need, as determined by the State Commissioner of Education, without being reenrolled in the PERS if reemployment commences during the remainder of the 2023-2024 school year and the entirety of the 2024-2025 school year.  As defined in the bill, "non-instructional staff member" means a New Jersey school-based employee whose position does not require a New Jersey Department of Education (DOE) certification and who is enrolled in the PERS.

     If the retired non-instructional staff member returns to work with the former employer, it must occur more than 120 days after the retirement. This bill will permit the non-instructional staff member to receive the PERS retirement allowance as well as a salary.  The bill permits the return to work under a contract for one year, which may be renewed only for one additional year. The total period of reemployment with any individual board of education cannot exceed a two-year period, unless so approved by the Commissioner of Education as being in the best interests of the school district. Under the bill, the former member's retirement must have been a bona fide retirement and any employment or reemployment under the bill must not be prearranged before retirement.

     Under the bill, a school district of a board of education with a position of critical need seeking to reemploy a former member pursuant to the provisions of the bill is required to demonstrate to the board of education the need for reemploying such members prior to reemployment.

      Current law has a substantially similar provision to permit certain Teachers' Pension and Annuity Fund (TPAF) retirees to return to work with a board of education in a TPAF position as a certificated superintendent, certificated administrator, teacher, or professional staff member providing special services, for a limited period of time, without reenrollment in the TPAF.

feedback