N.J. Admin. Code § 17:2-2.1

Current through Register Vol. 56, No. 9, May 6, 2024

Section 17:2-2.1 - Enrollment eligibility

(a) A position with a public employer must be covered by Social Security as a prerequisite for membership in the System. In the case of multiple employments, Social Security coverage is required in each position or employment for each to qualify for membership, for enrollment dates that fall before May 21, 2010. For employment with enrollment dates occurring on or after May 21, 2010, multiple enrollments are prohibited, as provided under N.J.A.C. 17:2-2.2.

(b) Salary requirements and full-time fixed weekly work hours applicable to an employee's date of eligibility for enrollment must also be met, in order to qualify for enrollment:

1. If eligibility for enrollment began prior to November 2, 2008, the minimum salary requirement for the position is $ 1,500 or more within a work year;

2. If eligibility for enrollment began between November 2, 2008 and May 21, 2010, the position must meet the minimum salary requirements specified under the provisions of N.J.S.A. 43:15A-7, as provided in (c) below.

3. If eligibility for enrollment began after May 21, 2010, regular full-time hours of 35 hours per week for State employees, or 32 hours per week for local government or local education employees, are required for enrollment, pursuant to the provisions of N.J.S.A. 43:15A-7.

4. If a break in a member's service occurs and it has been more than two consecutive years since that member's last pension contribution, reenrollment will occur based on the date of eligibility for enrollment, in accordance with (b)1, 2, or 3 above.

(c) Pursuant to the provisions of N.J.S.A. 43:15A-7, for individuals who became members of the PERS between November 2, 2008 and May 21, 2010, the minimum annual base salary for participation in the PERS, which was initially set at $ 7,500, shall be adjusted annually by the Director of the Division in accordance with changes in the Consumer Price Index, but by no more than four percent. For the calendar year beginning January 1, 2010, the minimum base annual salary required for enrollment will be adjusted annually to reflect increases in the Consumer Price Index. For purposes of this calculation, "Consumer Price Index" means the average of the annual increase in the consumer price index for all urban consumers, not seasonally adjusted for all items, in the New York City and Philadelphia metropolitan statistical areas during the preceding calendar year as reported by the United States Department of Labor, Bureau of Labor Statistics.

1. The adjustment factor for a calendar year shall be calculated as a fraction, pursuant to the following:

i. The numerator shall be the annual Consumer Price Index for all urban consumers in the New York City metropolitan statistical area for the calendar year ending December 31 of the first year preceding the July 1 calculation date, plus the annual Consumer Price Index for all urban consumers in the Philadelphia metropolitan statistical area for the same time period; and

ii. The denominator shall be the annual Consumer Price Index for all urban consumers in the New York City metropolitan statistical area for the calendar year ending December 31 of the second year preceding the July 1 calculation date, plus the annual Consumer Price Index for all urban consumers in the Philadelphia metropolitan statistical area for the same time period.

2. If the value of the calculation in (c)1 above is less than zero for a calendar year, then the adjustment factor for the calendar year shall be equal to zero. If the value of that fraction is greater than 1.04 for a calendar year, then the adjustment factor for the calendar year shall be equal to 1.04.

3. The adjustment shall be calculated on or about July 1 each calendar year to become effective on January 1 of the subsequent calendar year.

4. Increases in the minimum annual base salary shall be made in multiples of $ 100.00, except that any increase that is not a multiple of $ 100.00 will be rounded to the next lowest multiple of $ 100.00. Each annual adjustment shall not be more than four percent when compared to the preceding year's minimum annual base salary.

(d) The calculation and any needed adjustments pursuant to (c) above shall be published via a notice of administrative change in the New Jersey Register revising the minimum annual base salary.

(e) An elected official who established membership in the PERS prior to July 1, 2007, based on continuous service in the same elected office, shall continue that PERS membership; service in either House of the State Legislature is considered a single elected public office.

(f) An appointed official whose PERS enrollment occurred prior to July 1, 2007, and whose membership has not expired, pursuant to the provisions of N.J.S.A. 43:15A-7.e or 8.a, shall continue as a PERS member while serving in that appointed position, or any new or subsequent appointment, provided that no break in that PERS service of more than two consecutive years occurs, and all other membership requirements are met.

(g) Officials who hold a professional license or certificate and are appointed to one of the titles excluded from DCRP enrollment under N.J.S.A. 43:15C-2, are eligible for PERS enrollment, provided that all other eligibility requirements are met.

(h) Workers' Compensation judges are to be enrolled in the Workers' Compensation Judges Part of PERS with the same membership and benefit provisions as State employees, except as provided at P.L. 2001, c. 259. Membership in the retirement system shall be a condition of employment for service as a judge of compensation. Any Workers' Compensation judges who are currently enrolled in the DCRP shall be transferred and enrolled in the Workers' Compensation Judges Part of the PERS. All Workers' Compensation judges shall be given service credit in the Workers' Compensation Judges Part of the PERS for service starting on the judge's date of appointment.

N.J. Admin. Code § 17:2-2.1

Amended by 50 N.J.R. 646(a), effective 1/16/2018

Amended by 55 N.J.R. 749(a), effective 4/17/2023