N.J. Admin. Code § 17:5-5.1

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

Section 17:5-5.1 - Applications

(a) Applications for retirement must be made over the Internet, using the online forms required by the System through a member's secure account established through the Member Benefit Online System (MBOS). Such forms must be completed in all respects and filed with the Division before the requested date of retirement. A member's retirement application becomes effective on the first of the month following receipt of the application unless a future date is requested. Applications can be filed no more than one year in advance unless filing for a deferred retirement and the member's SPRS eligible employment has ended.

(b) Except for a disability retirement application, in the event a member files an incomplete application, all deficiencies, except the employer certification, shall be brought to the member's attention and the member shall be required to provide the additional information within 90 days to enable processing. If there is no response within the 90-day time frame, the application will expire and the member will be required to re-file pursuant to the requirements set forth in (a) above. This subsection shall not apply to information provided by the employer.

(c) Before an application for retirement may be processed, the Division must receive proof of the member's age, if none is already in the member's record, and a completed Certification of Service and Final Salary form from the Division of State Police setting forth the employment termination date and the salaries reported for contributions in the member's final year of employment.

(d) As to an application for disability retirement, the following shall apply:

1. An application for a physical disability retirement must be supported by at least two medical reports, one by the member's personal or treating physician on a form prescribed by the Division. The other may be either hospital records supporting the disability or a report from a second physician on a form prescribed by the Division. The required documentation must be received within six months of the date the member filed the disability retirement application on MBOS, thus, receiving confirmation of the filing. If the required documentation is not received in its entirety, the retirement will be canceled and the member must complete a new disability retirement application for a future retirement date;

2. An application for a mental health medical disability retirement must be supported by at least two medical reports, one by the member's personal or treating psychiatrist or psychologist on a form prescribed by the Division. The other in the form of either hospital records supporting the disability, a report from a second psychiatrist or psychologist on a form prescribed by the Division, or from the member's personal or treating physician or licensed clinical social worker. The required documentation must be received within six months of the date of filing the disability retirement application. If the required documentation is not received, the retirement will be canceled and the member must complete a new disability retirement application for a future retirement date;

3. A member filing for a disability retirement shall not file a separate application for any other type of retirement, while a disability application is pending; and

4. If a disability retirement application is denied by the Board and the applicant qualifies for any other retirement benefit, the applicant must submit a written statement accepting the alternate retirement type. If the applicant submits the written statement within 30 days of the Board's decision, the applicant may retain the retirement date designated on the disability retirement application.

(e) An application for a disability retirement will be forwarded to the Board for consideration only when all documentation is received.

1. The Division will schedule a medical examination for the purpose of providing additional information to the Medical Review Board to make a determination about a disability retirement application. The initial IME scheduled by the Division will be provided at no cost to the applicant.

N.J. Admin. Code § 17:5-5.1

Amended by 51 N.J.R. 1059(a), effective 6/17/2019