New Jersey § 43:15a-57

§ 43:15a-57.

a. Except as provided in subsections b. , c. , and d. of this section, if a former member of the State Employees' Retirement System or

the retirement system, who has been granted a retirement allowance for any cause other

than disability, becomes employed again in a position which makes him eligible to

be a member of the retirement system, his retirement allowance and the right to any

death benefit as a result of his former membership, shall be canceled until he again

retires. Such person shall be re-enrolled in the retirement system and shall contribute thereto

at a rate based on his age at the time of re-enrollment. Such person shall be treated as an active member for determining disability or death

benefits while in service and no benefits pursuant to an optional selection with respect

to his former membership shall be paid if his death shall occur during the period

of such re-enrollment. Upon subsequent retirement of such member, his former retirement allowance shall be

reinstated together with any optional selection, based on his former membership. In addition, he shall receive an additional retirement allowance based on his subsequent

service as a member computed in accordance with applicable provisions of chapter 84

of the laws of 1954; 1 provided, however, that his total retirement allowance upon such subsequent retirement

shall not be a greater proportion of his final compensation than the proportion to

which he would have been entitled had he remained in service during the period of

his prior retirement. Any death benefit to which such member shall be eligible shall be based on his latest

retirement, but shall not be less than the death benefit that was applicable to his

former retirement. b. The cancellation, re-enrollment, and additional retirement allowance provisions

of subsection a. of this section shall not apply to a former member of the retirement

system who, after having been granted a retirement allowance, becomes employed again

by: (1) an employer or employers in a position or positions for which the aggregate

compensation does not exceed $15,000 per year; or (2) if the compensation exceeds

$10,000 per year, by an employer that is a public institution of higher education

as defined in N.J.S.18A:62-1 in a teaching staff position. The Director of the Division of Pensions and Benefits may from time to time adjust

the amount in paragraph (1) of this subsection. This adjustment shall be 3/5 of the percentage of change in the index, as defined

in section 1 of P.L.1958, c. 143 ( C.43:3B-1 ), over a period of time as determined by the director. c. The cancellation, reenrollment, and additional retirement allowance provisions

of subsection a. and the compensation limitations of subsection b. of this section

shall not apply to a former member of the retirement system who, after having been

granted a retirement allowance, becomes employed by the State Department of Education

in a position of critical need as determined by the State Commissioner of Education,

or becomes employed by a board of education in a position of critical need as determined

by the superintendent of the district on a contractual basis for a term of not more

than one year; except that the cancellation, reenrollment, and additional retirement

allowance provisions and the compensation limitations shall apply if the former member

becomes employed within 120 days of retirement in a position with the employer from

which the member retired. Nothing herein shall preclude a former member so reemployed by a board of education

from renewing a contract for one additional year, provided that the total period of

employment with any individual board of education does not exceed a two-year period. d. The cancellation, reenrollment, and additional retirement allowance provisions

of subsections a., b., and c. of this section shall not apply to a former member of

the retirement system who was granted a retirement allowance pursuant to section 1

of P.L.1985, c. 414 ( C.43:15A-47.2 ) prior to the effective date of P.L.2011, c. 78 . 1

N.J.S.A. § 43:15A-1 et seq.