N.J. Admin. Code § 17:7-4.3

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

Section 17:7-4.3 - Optional participation

(a) An eligible employee of an employer who has been enrolled in the Alternate Benefit Program for at least one year pursuant to this section may continue to be enrolled in the Alternate Benefit Program, notwithstanding promotion or transfer to a position within the institution not otherwise eligible for the Alternate Benefit Program.

(b) Notwithstanding any other provision of the statutory law, the Commissioner of Education shall have the option to enroll in the Alternate Benefit Program if he or she exercises such option within 10 days from the date of his or her appointment.

(c) Any employee enrolled in the Alternate Benefit Program who is subsequently deemed to be eligible for enrollment by the Office of the Secretary of Higher Education pursuant to this chapter is permitted to continue his or her participation in the Alternate Benefit Program from the date of his or her original enrollment.

(d) Notwithstanding the provisions of any law to the contrary, any former employee of the Office of the Secretary of Higher Education or of the Commission on Science and Technology, created pursuant to Executive Order No. 12 (1982), who was a participant in the Alternate Benefit Program and who has continued in uninterrupted service with the New Jersey Commission on Science and Technology, created pursuant to P.L. 1985, c. 102 (N.J.S.A. 52:9X-1 et seq.), may continue to participate in the Alternate Benefit Program on the same terms as if the employee was an eligible employee of the Office of the Secretary of Higher Education.

(e) Notwithstanding the provisions of any law to the contrary, any employee of an auxiliary organization, as defined in section 2 of P.L. 1982, c. 16 (N.J.S.A. 18A:64-27), at a State or county college who has service credited in a private defined contribution retirement plan and who, without a break in service, becomes an employee of the State or county college may participate in the Alternate Benefit Program if the employee enrolled in the Program by February 6, 1993 or enrolls within 10 days from commencement of employment, whichever date is later.

(f) Notwithstanding the provisions of any law to the contrary, any former employee of the Office of Student Assistance who was a participant in the Alternate Benefit Program, P.L. 1969, c. 242 (N.J.S.A. 18A:66-168 et seq.), and who has continued in uninterrupted service with the State and is an employee of the Higher Education Student Assistance Authority may continue to participate in the Alternate Benefit Program on the same terms as other eligible employees.

(g) Notwithstanding the provisions of any law to the contrary, professional administrative staff of the Higher Education Student Assistance Authority are eligible to participate in the Alternate Benefit Program under the provisions of P.L. 1969, c. 242 (N.J.S.A. 18A:66-168 et seq.).

(h) Any temporary full-time employee reappointed for a third consecutive semester may enroll within the Alternate Benefit Program.

(i) If an eligible employee terminates employment with one employer and becomes an eligible employee of another employer in a circumstance described in (a) through (g) above, the eligible employee shall be entitled to an option to continue to be enrolled in the Alternate Benefit Program.

N.J. Admin. Code § 17:7-4.3