Effective January 1, 1984, employer contributions to a cash or deferred arrangement under Section 401(k) of the Internal Revenue Code will be taxable to the extent that the employee could have elected to receive cash in lieu of the employer's making the contribution. In addition, employer contributions to an annuity contract covered under Section 403(b) of the Internal Revenue Code are taxable.
N.J. Admin. Code § 12:16-4.4
See: 27 New Jersey Register 61(a), 27 New Jersey Register 919(a).