N.J. Admin. Code § 17:6-7.3

Current through Register Vol. 56, No. 24, December 18, 2024

Section 17:6-7.3 - Forfeiture of employer contributions for dishonorable service

(a) In accordance with N.J.S.A. 43:1-3 and N.J.A.C. 17:1-6.1, the receipt of a public pension or retirement benefit is expressly conditioned upon the rendering of honorable service by a public officer or employee. Therefore, a member's dishonorable service will result in a total or partial forfeiture of the retirement benefits under this plan, as determined by the Plan Administrator.

1. When a member is indicted or dismissed, the matter shall be referred to the Director of the Division of Pensions and Benefits to determine the status of any claim which may be filed by the member.

2. No credit shall be granted for the period during which the member's salary has been terminated while under indictment or suspension, until the outcome of the proceedings determines the basis for the award of such credit, if any.

3. All claims for retirement, death benefits and the return of contributions cannot be processed until the matter has been completely resolved to the satisfaction of the Director of the Division of Pensions and Benefits. Resolution of the indictment, dismissal or other charges must be verified by contact with the County Prosecutor's Office, the Attorney General's Office, the Department of Education, the Department of Personnel or other responsible agencies.

4. Likewise, in cases where anything pertaining to a member's employment is in litigation, or under appeal, the matter shall be held in abeyance until the Division of Pensions and Benefits determines if claims can be processed or whether the processing of such claims are to be postponed pending a final resolution of the litigation or appeal.

5. If an indictment regarding charges related to a member's public employment is received by the Division of Pensions and Benefits after the member's date of retirement, the Director of the Division of Pensions and Benefits may suspend retirement benefits pending the outcome of the indictment.

6. Where an individual's pension has been forfeited for dishonorable service, any monies accrued in the employer account designated for such individual shall be forfeited. The individual shall retain amounts in his or her employee account, including earnings.

N.J. Admin. Code § 17:6-7.3