Bill Text: NJ A1372 | 2010-2011 | Regular Session | Introduced
Bill Title: Repeals law allowing PFRS member to retire with PFRS pension and continue to receive salary for current PFRS-covered elective office.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly State Government Committee [A1372 Detail]
Download: New_Jersey-2010-A1372-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman JAY WEBBER
District 26 (Morris and Passaic)
Assemblyman GARY R. CHIUSANO
District 24 (Sussex, Hunterdon and Morris)
Co-Sponsored by:
Assemblywoman McHose
SYNOPSIS
Repeals law allowing PFRS member to retire with PFRS pension and continue to receive salary for current PFRS-covered elective office.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the retirement of a member of the Police and Firemen's Retirement System in elective public office, amending P.L.1971, c.175, and repealing P.L.1999, c.96.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 20 of P.L.1971, c.175 (C.43:16A-15.3) is amended to read as follows:
20. [If] a. Except as provided in subsection b. of this section, if a former member of the retirement system who has been granted a retirement allowance for any cause other than disability, becomes employed again in a position which makes him eligible to be a member of the retirement system, his retirement allowance and the right to any death benefit as a result of his former membership, shall be canceled until he again retires.
Such person shall be reenrolled in the retirement system and shall contribute thereto at a rate based on his age at the time of reenrollment. Such person shall be treated as an active member for determining disability or death benefits while in service. Upon subsequent retirement of such member, his former retirement allowance shall be reinstated based on his former membership. In addition, he shall receive an additional retirement allowance based on his subsequent service as a member computed in accordance with applicable provisions of this chapter; provided, however, that his total retirement allowance upon such subsequent retirement shall not be a greater proportion of his average final compensation or final compensation, whichever is applicable, than the proportion to which he would have been entitled had he remained in service during the period of his prior retirement. Any death benefit to which such member shall be eligible shall be based on his latest retirement, but shall not be less than the death benefit that was applicable to his former retirement.
b. The cancellation, reenrollment, and additional retirement allowance provisions of subsection a. of this section shall not apply to a former member of the retirement system who was granted a retirement allowance pursuant to section 1 of P.L.1999, c.96 (C.43:16A-5.1) prior to the effective date of P.L. , c. (pending before the Legislature as this bill).
(cf: P.L.1999, c.428, s.8)
2. Section 1 of P.L.1999, c.96 (C.43:16A-5.1) is repealed.
3. This act shall take effect immediately.
STATEMENT
This bill repeals N.J.S.A. 43:16A-5.1, which provides that a member of the Police and Firemen's Retirement System (PFRS) may retire while holding an elective public office covered by PFRS and continue to receive the full salary for that office if the member's PFRS retirement allowance is not based solely on service in the elected public office. This section of current law exempts from the PFRS enrollment requirement a member of PFRS who continues to be covered by the retirement system while in elected office, most commonly the office of sheriff, after PFRS-covered employment service. The PFRS member is allowed to retire based upon other PFRS-covered service as well as the accrued covered service in elected office. The person receives a PFRS pension and the salary of the elected office, while no longer accruing any service credit in PFRS and no longer making any PFRS contributions.
The bill provides that the PFRS pension cancellation and reenrollment requirement would not apply to a PFRS retiree who was granted a retirement allowance under the section repealed by the bill prior to its effective date.
