N.J. Admin. Code § 17:3-4.7
Current through Register Vol. 56, No. 11, June 3, 2024
(a) All pension loans must be repaid within a period not to exceed five years. If the member has an outstanding loan balance and applies for a new loan, the entire balance must be repaid within five years of the date of the first loan. Furthermore, the new loan amount, when added to the highest balance due (without interest) during the prior 12-month period for all loans from all retirement plans cannot exceed $ 50,000. The $ 50,000 maximum limit includes all retirement plans the member has an interest in due to his or her employment relationship with the State and/or any other governmental plans sponsored or administered by a public sector employer in New Jersey. Loan amounts above the $ 50,000 aggregate limit shall be declared a deemed distribution, which is subject to additional tax.(b) If a member's loan is treated as a distribution, the member is still required to repay the loan, unless the member terminates his or her account by withdrawing his or her contributions. If the member withdraws from the retirement system, the settlement will be the net amount of the member's contributions minus the outstanding loan. If the member returns to work and the member's account is reactivated or the member retires, the member must repay the full amount of the outstanding loan with additional interest computed from the date the member stopped making loan payments.(c) Pursuant to I.R.C. § 72(p)(2)(C), members must make regular periodic payments to repay their outstanding loans. If a member takes out a loan and fails to make required loan repayments for three consecutive months, the Division will send a letter to the member requesting payment within 30 days. If the payment is not made, the Division will treat the outstanding loan as a deemed pension distribution. A deemed distribution cannot be cancelled by resuming loan payments or repaying the loan in full. Unlike a normal pension distribution, a loan treated as a distribution cannot be rolled over to an Individual Retirement Account (IRA) or another qualified retirement plan.N.J. Admin. Code § 17:3-4.7
Amended by R.1974 d.24, effective 1/31/1974.
See: 5 N.J.R. 426(d), 6 N.J.R. 124(a).
Amended by R.1981 d.140, effective 6/4/1981.
See: 13 N.J.R. 159(c), 13 N.J.R. 376(a).
(b) added.
Amended by R.1991 d.100, effective 3/4/1991.
See: 22 N.J.R. 3321(b), 23 N.J.R. 712(b).
In (b), amended method of computing back pay awards. Added (c).
Amended by R.2002 d.352, effective 11/4/2002.
See: 34 N.J.R. 1997(a), 34 N.J.R. 3782(c).
In (b), neutralized gender references.
Recodified from N.J.A.C. 17:3-6.6 and amended by R.2004 d.244, effective 7/6/2004.
See: 36 N.J.R. 920(a), 36 N.J.R. 3267(c).
Rewrote the section. Express contributions, was reserved 17:3-4.7, reserved.
Amended by R.2008 d.94, effective 4/21/2008.
See: 39 N.J.R. 5058(b), 40 N.J.R. 2122(a).
In (d), inserted "or settlement" four times, deleted "of Trustees" following "reviewed by the Board" and "the member shall have the contributions for the salaries based on the award refunded without interest, and" following "17:3-4.1" and inserted "and the member shall have the contributions for the salaries based on the award refunded without interest".
Repealed by R.2010 d.188, effective 9/7/2010.
See: 42 N.J.R. 897(a), 42 N.J.R. 2140(a).
Section was "Service and salary credit: awards of back pay".
Administrative correction.
See: 43 N.J.R. 59(a).
Repealed by R.2011 d.065, effective 2/22/2011.
See: 42 N.J.R. 897(a), 43 N.J.R. 449(a).
Section was "Service and salary credit: awards of back pay". Adopted by 55 N.J.R. 957(a), effective 5/1/2023