Bill Text: NJ S885 | 2010-2011 | Regular Session | Introduced
Bill Title: Gives membership in PERS Prosecutors Part to DLPS employees with title of assistant director, deputy director, assistant attorney general or deputy attorney general.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-01 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S885 Detail]
Download: New_Jersey-2010-S885-Introduced.html
Sponsored by:
Senator NIA H. GILL
District 34 (Essex and Passaic)
SYNOPSIS
Gives membership in PERS Prosecutors Part to DLPS employees with title of assistant director, deputy director, assistant attorney general or deputy attorney general.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the membership of certain employees of the Department of Law and Public Safety in the Prosecutors Part of the Public Employees' Retirement System of New Jersey 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 of Criminal Justice 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.)] the Department of Law and Public Safety ; 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 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.
"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 of Criminal Justice 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.)] the Department of Law and Public Safety ; 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 Prosecutors Part of the retirement system shall be a condition of employment for service as a prosecutor.
b. Any service credit which has been established in the Public Employees' Retirement System by a prosecutor prior to January 7, 2002, the effective date of [this act] P.L.2001, c.366 (C.43:15A-155 et seq.), shall be established in the Prosecutors Part without further assessment of cost to the prosecutor[; provided, however, any] .
c. Any service credit which has been established in the Public Employees' Retirement System 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.
d. Any service credit which has been established in the Public Employees' Retirement System by an employee of the Department of Law and Public Safety who was a member of the Public Employees' Retirement System on January 7, 2002 and who became eligible for membership in the Prosecutors Part on the effective date of this act, P.L. , c. (pending before the Legislature as this bill), shall be established in the Prosecutors Part without further assessment of cost to the member. Service credit earned by such a member as an employee of the Department of Law and Public Safety after January 7, 2002, shall be established in the Prosecutors Part and that member shall be liable for payment to the retirement system of the amount of the difference between the contribution that the member paid to the retirement system and the contribution that would have been required if the member had membership in the Prosecutors Part since January 7, 2002.
[b.] e. 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.2003, c.140, s.1)
3. This act shall take effect immediately.
STATEMENT
This bill establishes membership in the Prosecutors Part in the Public Employees' Retirement System (PERS) for all employees with the title of assistant director, deputy director, assistant attorney general or deputy attorney general in the Department of Law and Public Safety (DLPS). Membership in the PERS Prosecutors Part provides a retirement allowance of 50% of final compensation upon attaining 20 years of creditable service, 65% with 25 years of service, and 70% with 30 years of service. The employee contribution rate is 7.5%.
On January 7, 2002, the effective date of P.L.2001, c.366, which established the Prosecutors Part, a PERS member who was a county prosecutor, first assistant prosecutor or assistant prosecutor, or who, within DLPS, was the Director of the Division of Criminal Justice, an assistant director, deputy director, assistant attorney general or deputy attorney general assigned to that division pursuant to N.J.S.A.52:17B-97 et seq., or a criminal investigator in DLPS not eligible for the Police and Firemen's Retirement System, became a member of the Prosecutors Part. The regular PERS service credit established prior to January 7, 2002 of those persons was established in the Prosecutors Part without further assessment of cost to them. All other DLPS employees, even those who had been prosecutors but were not prosecutors on January 7, 2002, did not become members of the Prosecutors Part.
The bill makes all DLPS employees with certain titles eligible for the Prosecutors Part. A DLPS employee who becomes eligible for the Prosecutors Part under this bill who was in active service in the DLPS on January 7, 2002 will have regular PERS credit for service prior to January 7, 2002 established in the Prosecutors Part without further assessment of cost to the employee. Service credit earned as a DLPS employee after January 7, 2002 will be established in the Prosecutors Part and the employee will be liable for the difference between the contribution paid to PERS and the contribution that would have been required if the employee had been in the Prosecutors Part since January 7, 2002.
