New Jersey § 43:15a-65

§ 43:15a-65.

(a) All employees of any public agency or organization of this State, which employs

persons engaged in service to the public, shall be eligible to participate in the

Public Employees' Retirement System; provided the employer consents thereto by resolution

and files a certified copy of such resolution with the board of trustees of the Public

Employees' Retirement System and the board of trustees approves thereof by resolution. Such organization shall be referred to in this act as the employer. If the participation of such employees is so approved then the employer shall contribute

to the contingent reserve fund on account of its members at the same rate per centum

as would be paid by employers other than the State. (b) Notwithstanding the provisions of subsection (a) of this section, every person

becoming an employee of a public agency or organization of this State, which employs

persons engaged in service to the public, after June 30, 1966, who is not eligible

to become a member of any other retirement system, shall be required to participate

in the Public Employees' Retirement System. Notwithstanding the provisions of subsection (a) of this section, membership in

the Public Employees' Retirement System shall be optional with any person in the employ

of any such public agency or organization on June 30, 1966, provided such person is

not required to be a member pursuant to another provision of this act, and provided

further that such person is not eligible to be a member of any other retirement system. The provisions of this subsection shall not apply to any person whose position is

temporary or seasonal, nor to any person in office, position or employment for which

the annual salary or remuneration , or the number of hours of work, is fixed at less than that which is required for membership pursuant to section 7

of P.L.1954, c. 84 ( C.43:15A-7 ) as applicable to the member, nor to any person whose position is not covered by

the old-age and survivors' insurance provisions of the federal Social Security Act. 1 After the effective date of P.L.2010, c. 1, the provisions of this subsection shall

not apply to any person in office, position or employment for which the hours of work

are fewer per week than those required for membership pursuant to subsection d. of

section 7 of P.L.1954, c. 84 ( C.43:15A-7 ), unless the person shall have been a member since that effective date continuously. The public agency or organization employing any such person who becomes a member

of the retirement system pursuant to this subsection shall contribute to the contingent

reserve fund on account of such employees at the same rate per centum as would be

paid by employers other than the State. 1

42 U.S.C.A. § 301 et seq.