New Jersey § 43:15a-7

§ 43:15a-7.

There is hereby established the Public Employees' Retirement System of New Jersey

in the Division of Pensions and Benefits of the Department of the Treasury. The membership of the retirement system shall include: a. The members of the former “State Employees' Retirement System of New Jersey” enrolled

as such as of December 30, 1954, who shall not have claimed for refund their accumulated

deductions in said system as provided in this section; b. Any person becoming an employee of the State or other employer after January 2,

1955 and every veteran, other than a retired member who returns to service pursuant

to subsection b. of section 27 of P.L.1966, c. 217 ( C.43:15A-57.2 ) and other than those whose appointments are seasonal, becoming an employee of the

State or other employer after such date, including a temporary employee with at least

one year's continuous service. The membership of the retirement system shall not include those persons appointed

to serve as described in paragraphs (2) and (3) of subsection a. of section 2 of P.L.2007, c. 92 ( C.43:15C-2 ), except a person who was a member of the retirement system prior to the effective

date of sections 1 through 19 of P.L.2007, c. 92 ( C.43:15C-1 through C.43:15C-15 , C.43:3C-9 , C.43:15A-7 , C.43:15A-75 and C.43:15A-135 ) and continuously thereafter. The membership of the retirement system shall include Workers' Compensation Judges

of the Division of Workers' Compensation in the Department of Labor and Workforce

Development; and c. Every employee veteran in the employ of the State or other employer on January

2, 1955, who is not a member of any retirement system supported wholly or partly by

the State. d. Membership in the retirement system shall be optional for elected officials other

than veterans, and for school crossing guards, who having become eligible for benefits

under other pension systems are so employed on a part-time basis. Elected officials commencing service on or after the effective date of sections

1 through 19 of P.L.2007, c. 92 ( C.43:15C-1 through C.43:15C-15 , C.43:3C-9 , C.43:15A-7 , C.43:15A-75 and C.43:15A-135 ) shall not be eligible for membership in the retirement system based on service in

the elective public office, except that an elected official enrolled in the retirement

system as of that effective date who continues to hold that elective public office

or, for an elected official specified in section 5 of P.L.2017, c. 344 ( C.43:15A-7.5 ), another elective public office, without a break in service shall be eligible to

continue membership in the retirement system under the terms and conditions of enrollment. Service in the Legislature shall be considered a single elective public office. Any part-time school crossing guard who is eligible for benefits under any other

pension system and who was hired as a part-time school crossing guard prior to March

4, 1976, may at any time terminate his membership in the retirement system by making

an application in writing to the board of trustees of the retirement system. Upon receiving such application, the board of trustees shall terminate his enrollment

in the system and direct the employer to cease accepting contributions from the member

or deducting from the compensation paid to the member. State employees who become members of any other retirement system supported wholly

or partly by the State as a condition of employment shall not be eligible for membership

in this retirement system. Notwithstanding any other law to the contrary, all other persons accepting employment

in the service of the State shall be required to enroll in the retirement system as

a condition of their employment, regardless of age. (1) Before or on November 1, 2008, no person in employment, office or position, for

which the annual salary or remuneration is fixed at less than $1,500.00, shall be

eligible to become a member of the retirement system. (2) After November 1, 2008, a person who was a member of the retirement system on

that date and continuously thereafter shall be eligible to be a member of the retirement

system in employment, office or position, for which the annual salary or remuneration

is fixed at $1,500 or more. (3) After November 1, 2008 and before or on the effective date of P.L.2010, c. 1 , a person who was not a member of the retirement system on November 1, 2008, or who

was a member of the retirement system on that date but not continuously thereafter,

and who is in employment, office or position, for which the annual salary or remuneration

is certified by the applicable public entity at $7,500 or more, shall be eligible

to become a member of the retirement system. The $7,500 minimum annual salary or remuneration amount shall be adjusted annually

by the Director of the Division of Pensions and Benefits, by regulation, in accordance

with changes in the Consumer Price Index but by no more than 4 percent. “ Consumer Price Index ” means the average of the annual increase, expressed as a percentage, in the consumer

price index for all urban consumers in the New York City and Philadelphia metropolitan

statistical areas during the preceding calendar year as reported by the United States

Department of Labor. (4) After the effective date of P.L.2010, c. 1 , no person in an employment, office or position of the State, or an agency, board,

commission, authority or instrumentality of the State, for which the hours of work

are fixed at fewer than 35 per week shall be eligible to become a member of the retirement

system; and no person in employment, office or position with a political subdivision

of the State, or an agency, board, commission, authority or instrumentality of a political

subdivision of the State, for which the hours of work are fixed by an ordinance or

resolution of the political subdivision, or agency, board, commission, authority or

instrumentality thereof, at fewer than 32 per week shall be eligible to become a member

of the retirement system. Any hour or part thereof, during which the person does not work due to the person's

participation in a voluntary or mandatory furlough program shall not be deducted in

determining if a person's hours of work are fixed at fewer than 35 or 32 per week,

as appropriate, for the purpose of eligibility and the person's service credit as

a member of the system or fund shall include the period of mandatory or voluntary

furlough provided the person continues to make contributions based on the person's

base salary or compensation. If the pay of a furloughed person is insufficient to withhold the entirety of the

person's regular contributions, then the person shall remit the entirety of the regular

contribution which was not withheld from the person's pay to the Division of Pensions

and Benefits in the Department of the Treasury in a manner determined by the division,

except that no deduction for the payment of such contributions shall be made from

the unemployment compensation benefits of the employee. e. Membership of any person in the retirement system shall cease if he shall discontinue

his service for more than two consecutive years. f. The accumulated deductions of the members of the former “State Employees' Retirement

System” which have been set aside in a trust fund designated as Fund A as provided

in section 5 of this act and which have not been claimed for refund prior to February

1, 1955 shall be transferred from said Fund A to the Annuity Savings Fund of the Retirement

System, provided for in section 25 of this act. Each member whose accumulated deductions are so transferred shall receive the same

prior service credit, pension credit, and membership credit in the retirement system

as he previously had in the former “State Employees' Retirement System” and shall

have such accumulated deductions credited to his individual account in the Annuity

Savings Fund. Any outstanding obligations of such member shall be continued. g. Any school crossing guard electing to terminate his membership in the retirement

system pursuant to subsection d. of this section shall, upon his request, receive

a refund of his accumulated deductions as of the date of his appointment to the position

of school crossing guard. Such refund of contributions shall serve as a waiver of all benefits payable to

the employee, to his dependent or dependents, or to any of his beneficiaries under

the retirement system. h. A temporary employee who is employed under the federal Workforce Investment Act 1 shall not be eligible for membership in the system. Membership for temporary employees employed under the federal Job Training Partnership

Act, Pub.L.97-300 ( 29 U.S.C.s.1501 ) who are in the system on September 19, 1986 shall be terminated, and affected employees

shall receive a refund of their accumulated deductions as of the date of commencement

of employment in a federal Job Training Partnership Act program. Such refund of contributions shall serve as a waiver of all benefits payable to

the employee, to his dependent or dependents, or to any of his beneficiaries under

the retirement system. i. Membership in the retirement system shall be optional for a special service employee

who is employed under the federal Older American Community Service Employment Act, Pub.L.94-135 ( 42 U.S.C.s.3056 ). Any special service employee employed under the federal Older American Community

Service Employment Act, Pub.L.94-135 ( 42 U.S.C.s.3056 ), who is in the retirement system on the effective date of P.L.1996, c. 139 may terminate membership in the retirement system by making an application in writing

to the board of trustees of the retirement system. Upon receiving the application, the board shall terminate enrollment in the system

and the member shall receive a refund of accumulated deductions as of the date of

commencement of employment in a federal Older American Community Service Employment

Act program. This refund of contributions shall serve as a waiver of all benefits payable to

the employee, to any dependent or dependents, or to any beneficiary under the retirement

system. j. An employee of the South Jersey Port Corporation who was employed by the South

Jersey Port Corporation as of the effective date of P.L.1997, c. 150 ( C.34:1B-144 et al.) and who shall be re-employed within 365 days of such effective date by a

subsidiary corporation or other corporation, which has been established by the Delaware

River Port Authority pursuant to subdivision (m) of Article I of the compact creating

the Delaware River Port Authority ( R.S.32:3-2 ), as defined in section 3 of P.L.1997, c. 150 ( C.34:1B-146 ), shall be eligible to continue membership while an employee of such subsidiary or

other corporation. k. An employee of a renaissance school project established pursuant to P.L.2011, c. 176 ( C.18A:36C-1 et seq. ) upon commencement of employment. l . Every commissioner appointed to the New Jersey Maritime Pilot and Docking Pilot

Commission pursuant to R.S.12:8-1 . 1

29 U.S.C.A. § 2801 et al.