ASSEMBLY, No. 2377

STATE OF NEW JERSEY

221st LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION

 


 

Sponsored by:

Assemblyman  WILLIAM W. SPEARMAN

District 5 (Camden and Gloucester)

 

 

 

 

SYNOPSIS

     Permits PERS retiree to return to elective public office after retirement under certain circumstances.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Act concerning the return to elective public office by a retired member of the Public Employees' Retirement System and supplementing P.L.1954, c.84 (C.43:15A-1 et seq.).

 

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

 

     1.    A former member of the Public Employees' Retirement System who has been granted a retirement allowance prior to, or on or after, the effective date of this act, P.L.      , c.         (pending before the Legislature as this bill), for any cause other than disability, may return to an elective public office position with the former employer, either by appointment to fill a vacancy or by election, without cancellation of the retirement and reenrollment in the system if: (1) the return commences after the retirement allowance becomes due and payable; (2) the former member had attained the service retirement age, applicable to that member, as of the date of retirement; and (3) the compensation for the elective public office held is less than $12,000 per year. 

     This section shall be effective if the qualified status of the retirement system under federal law can be maintained upon its application, and such modifications to the system as may be available shall be made to allow for its application. 

     As used in this section, "former employer" means the public entity from which the former member retired from service performed immediately prior to retirement.  

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill provides that a former member of the Public Employees' Retirement System who has been granted a retirement allowance prior to, or on or after, the effective date of this bill, for any cause other than disability, may return to an elective public office position with the former employer, either by appointment to fill a vacancy or by election, without cancellation of the retirement and reenrollment in the system if: (1) the return commences after the retirement allowance becomes due and payable; (2) the former member had attained the service retirement age, applicable to that member, as of the date of retirement; and (3) the compensation for the elective public office held is less than $12,000 per year. 

      This bill will be effective if the qualified status of the retirement system under federal law can be maintained upon its application, and such modifications to the system as may be available will be made to allow for its application. 

      As used in this bill, "former employer" means the public entity from which the former member retired from service performed immediately prior to retirement.