N.J. Admin. Code § 17:2-8.16

Current through Register Vol. 57, No. 1, January 6, 2025

Section 17:2-8.16 - Return to employment

(a) Retired members of the Prosecutors Part who return to Public Employees' Retirement System or Prosecutors Part covered employment, shall have their previous retirement allowances suspended and shall be reenrolled in the System in the same manner as provided by N.J.S.A. 43:15A-44 for those who retired on disability retirements or N.J.S.A. 43:15A-57.2 for those who retired on early, service, veteran, special, or deferred retirements. A member who ceases covered employment and retires again must file a new retirement application with the Division in accordance with N.J.A.C. 17:2-6.1 to initiate payment of the retirement allowance. The previous retirement allowance shall then be reinstated, and the new retirement allowance, based on the member's subsequent covered employment, shall commence. If the member returned to regular PERS service and retained the same membership level and account, the previous and subsequent retirement allowances shall be combined and paid in one monthly benefit check. If the member returned to regular PERS service and is enrolled under a different membership level and account, the checks will not be combined. The retirement allowance shall become effective on the first of the month following receipt of the application unless a future date is requested.

(b) Pursuant to N.J.S.A. 43:15A-57.2, in no event shall the total retirement allowance upon subsequent retirement be a greater proportion of final compensation than the proportion to which the member would have been entitled had the member remained in service during the period of prior retirement.

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