N.J. Admin. Code § 5:37-5.2

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

Section 5:37-5.2 - Plan and service agreement adoption

(a) The employer shall adopt a self-administered plan by resolution. A certified copy of the resolution shall be forwarded to the Director. The resolution shall include, but shall not be limited to:

1. Formal adoption of the plan; and

2. Identification of a plan manager pursuant to N.J.A.C. 5:37-5.4.

(b) The employer shall adopt a prototypical plan by resolution of the governing body. The resolution shall include, but not be limited to:

1. A formal adoption of the plan;

2. A description of the method used to solicit proposals pursuant to N.J.A.C. 5:37-7.1;

3. An identification of a local plan administrator pursuant to N.J.A.C. 5:37-5.4;

4. An authorization to execute a service agreement with the contractor;

5. A statement of non-collusion pursuant to N.J.A.C. 5:37-5.7;

6. Certification of plan compliance with the rules of the Internal Revenue Service pursuant to N.J.A.C. 5:37-3.4 or 3.5 for a prototypical plan adoption only; and

7. The identification of the contractor, the plan identifier and the service agreement identifier.

(c) The Director shall make available a sample resolution for use by employers.

(d) A certified copy of the resolution shall be forwarded to the Director.

N.J. Admin. Code § 5:37-5.2

Amended by R.1999 d.58, effective 3/1/1999.
See: 30 New Jersey Register 3989(a), 31 New Jersey Register 673(b).
In (a), added a third sentence in the introductory paragraph, and added 1 and 2.
Amended by R.2005 d.349, effective 10/17/2005.
See: 37 New Jersey Register 1278(a), 37 New Jersey Register 3975(b).
In (b)7, substituted "," for "and" and "identifier and the" for "or".