N.J. Admin. Code § 17:2-2.10

Current through Register Vol. 56, No. 11, June 3, 2024

Section 17:2-2.10 - Enrollment eligibility of on-call employees who have not established membership; including, but not limited to, substitute teachers, replacement teachers, and bedside or home instructors

(a) An individual who assumes a position as an on-call employee, such as a substitute teacher, or bedside or home instructor, is eligible to enroll in the PERS at the beginning of the 13th month of continuous employment, provided all other eligibility requirements are met, including the achievement of a fixed minimum number of regular hours of 32 hours per week, pursuant to the provisions of N.J.S.A. 43:15A-7. On-call employees have unpredictable work schedules and their employment is usually temporary in nature. In determining eligibility for enrollment in the case of these employees, the following apply:

1. At employing locations where the regular work year is 12 months long, the employee must work at least 120 days within a 12-month period (10 days per month x 12 months) before becoming eligible for enrollment.

2. At employing locations where the regular work year is 10 months, the employee must work at least 100 days (10 days per month x 10 months) before becoming eligible for enrollment.

3. The date of eligibility for enrollment for on-call employees is the first day of the 13th month after the commencement of the 100 or 120 day period. For example, if the employment began on January 1st, then the enrollment date would be January 1st of the following year. If the employee worked 10 days a month for the requisite number of months (10 or 12), the employee would be eligible for enrollment, regardless of when in the year the 10 or 12 month period began. Enrollment is mandatory.

4. On-call employees who do not meet the eligibility requirements for PERS enrollment, pursuant to N.J.A.C. 17:2-2.1, will be enrolled in the DCRP, provided that all other DCRP enrollment eligibility requirements are met.

(b) A replacement teacher is an employee who assumes the duties of a teacher in a regularly budgeted position for the length of time that teacher is on an approved leave of absence. Replacement teachers are eligible for enrollment on the first day of the 13th month after the commencement of continuous service, provided all other PERS enrollment eligibility requirements are met.

(c) A permanent, long-term substitute in a regularly budgeted position is eligible for PERS enrollment on the date of hire, provided all other PERS enrollment eligibility requirements are met.

(d) An employee who has an active PERS membership based upon other employment shall be eligible to participate in the PERS in an on-call position on his or her date of hire, provided the provisions of N.J.S.A. 43:15A-7and the minimum salary provisions of N.J.A.C. 17:2-4.7 are met; in addition, the on-call employment must represent an intrafund transfer, as multiple enrollments are prohibited after May 21, 2010, pursuant to N.J.S.A. 43:15A-25.2.

N.J. Admin. Code § 17:2-2.10

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