N.J. Admin. Code § 17:4-6.8

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

Section 17:4-6.8 - Employment after retirement

(a) A member, who is pending retirement or whose retirement has become effective pursuant to 17:4-6.2, is required to re-enroll in the Police and Firemen's Retirement System pursuant to 43:16A-15.3, regardless of whether the member is over age 35, if:

1. The member returns to the employment in a PFRS covered position;

2. The member continues in the same, or substantially the same, position held prior to retirement with no lapse in service after the retirement date. In this case, the member would not be considered to have a bona fide retirement and would not be entitled to any retirement benefits. The member would be reinstated to the former PFRS membership; or

3. The member returns to employment in a position which is the same, or substantially similar, to the position held by the member prior to retirement, and:

i. The position became a PFRS position for that member prior to retirement due to the provisions of 43:16A-1(2)(a) or (b) or 43:16A-3.1, which permit a member of the PFRS to continue membership if serving in an appointive administrative or supervisory capacity over police or firefighters, and the member returned to employment with the same employer;

ii. The position became a PFRS position at the option of the member prior to retirement pursuant to 43:16A-3.5 or other statutory authority; or

iii. The position remained a PFRS position under the provisions of 43:16A-1.2 for those serving in the position at the time of the P.L. 1989, c.204 review.

(b) If a member is eligible to contribute to the PFRS from a position, then the position is a PFRS position.

(c) If the position is not for a title which is eligible for enrollment in the PFRS and the member is not eligible to contribute to the PFRS due to having reached the mandatory retirement age of 65 (43:16A-5 ), the position is not covered under the provisions of the PFRS, and the member is not eligible to re-enroll or contribute to the PFRS from that position. The member may work in that position without affecting his or her retirement allowance.

N.J. Admin. Code § 17:4-6.8

New Rule, R.2005 d.119, effective 4/18/2005.
See: 37 New Jersey Register 40(a), 37 New Jersey Register 1217(b).