N.J. Admin. Code § 17:7-8.11

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

Section 17:7-8.11 - Transition to retirement programs

(a) Members will be permitted to file for retirement from the ABP, and receive benefits under the ABP, if the member participates in a transition to retirement program (TTRP) adopted by the employer that meets the following minimum requirements:

1. Members must meet the eligibility requirements for transition to retirement programs provided below:

i. Members must be full-time tenured faculty who are at least 59 1/2 years of age;

ii. Members must have served a minimum of 10 years at a college or university;

iii. Members who wish to participate in the program must submit the request to retire under the terms of the TTRP to their employer no later than April 1 of the calendar year preceding the academic year in which they wish to participate in the program;

2. Members who meet all of the requirements of the TTRP and are approved by their employer shall be permitted to participate for a maximum of three years.

i. Members whose employer's current transition to retirement program allows for participation for up to a maximum of three years may participate in the employer's program through September 21, 2020.

ii. A member who already is participating in an employer's one-year transition plan may enter into a new TTRP for an additional period, up to a maximum of three years total, counting time in both the one-year and the extended program;

3. Program minimum requirements must include:

i. Participating faculty must officially retire from the college or university and then seek reemployment under the terms of this section. Incentives to retire are not permitted. Employers shall submit a document to the Division certifying that the member's participation in the TTRP is not an incentive by the employer;

ii. As retirees, participating faculty have no claims of tenure or other rights and/or obligations of a tenured member of the faculty;

iii. In no event shall the total assignment exceed 50 percent of a full-time faculty load;

iv. Participating faculty shall receive compensation proportional to the assignment approved by the college or university which shall not exceed 50 percent of their final year's salary *; and

v. Participating faculty shall also include retirees providing assistance to the employer to further the process of any existing patent application. Additionally, it shall include participating faculty working with graduate students to finalize post-graduate education and post-doctorate research. All retirees within this subgroup are providing their services on a voluntary, unpaid basis and are subject to the same limitations as set forth in this section.*

(b) An employer shall submit evidence to the Division demonstrating the employer's actions to ensure that all TTRPs are compliant with the three-year requirement at (a)2 above.

(c) ABP employers shall provide to the Division an annual listing of all ABP members at their location who are participants in their TTRP, along with a certification evidencing compliance with the limitation of up to 50 percent of the full-time faculty load, as well as 50 percent of the final year's salary.

N.J. Admin. Code § 17:7-8.11

Adopted by 47 N.J.R. 2393(a), effective 9/21/2015

Amended by 53 N.J.R. 1229(a), effective 7/19/2021