New Jersey § 43:21-32

§ 43:21-32.

Establishment of private plans. Any covered employer may establish a private plan for the payment of disability

benefits in lieu of the benefits of the State plan hereinafter established. Benefits under such a private plan may be provided by a contract of insurance issued

by an insurer duly authorized and admitted to do business in this State, or by an

agreement between the employer and a union or association representing his employees,

or by a specific undertaking by the employer as a self-insurer. Subject to the insurance laws of this State, such a contract of insurance may be

between the insurer and the employer; or may be between the insurer and two or more

employers, acting for the purpose through a nominee, designee or trustee; or may

be between the insurer and the union or association with which the employer has an

agreement with respect thereto. Each such private plan shall be submitted in detail to the Division of Employment

Security and shall be approved by the division, to take effect as of the first day

of the calendar quarter next following, or as of an earlier date if requested by the

employer and approved by the Division of Employment Security, if it finds that: (a) all of the employees of the employer are to be covered under the provisions of

such plan with respect to any disability commencing after the effective date of such

plan, except as otherwise provided in this section; and (b) eligibility requirements for benefits are no more restrictive than as provided

in this act 1 for benefits payable by the State plan; and (c) the weekly benefits payable under such plan for any week of disability are at

least equal to the weekly benefit amount payable by the State plan, taking into consideration

any coverage with respect to concurrent employment by another employer, and the total

number of weeks of disability for which benefits are payable under such plan is at

least equal to the total number of weeks for which benefits would have been payable

by the State plan; and (d) no greater amount is required to be paid by employees toward the cost of benefits

than that prescribed by law as the amount of worker contribution to the State disability

benefits fund for covered individuals under the State plan; and (e) coverage is continued under the plan while an employee remains a covered individual

as defined in section three of this act, 2 but not after the employee may become employed by another employer following termination

of employment to which the plan relates; (f) if the employees are subject to the provisions of a collective bargaining agreement, a majority of the employees to be covered by the plan have or shall have agreed to

the plan prior to the effective date thereof, if employees are required to contribute

to the cost of the private plan and the collective bargaining agreement does not expressly waive the employees' right

to a majority election as a condition for the private plan , as provided in section 9 of P.L.1948, c. 110 ( C.43:21-33 ) . Subject to the approval of the Division of Employment Security, any such private plan

may exclude a class or classes of employees, except a class or classes determined

by the age, sex or race of the employees, or by the wages paid such employees, the

exclusion of which, in the opinion of the division, will result in a substantial selection

of risk adverse to the State plan. Covered individuals so excluded shall be covered by the State plan and subject to

the employee contribution required by law to be paid into the State disability benefits

fund. Notice, in a form approved by the director, of the benefits provided by the private

plan shall be furnished to the covered employees by the employer by a conspicuous

and continuing posting at the place of employment, and by personal notice to each

employee at the time of the establishment of the private plan, at any subsequent time

of hire, and within three business days of when the employer knows or should know

that the employee may have a need for disability benefits or family temporary disability

benefits. This notice shall reflect current rates, eligibility requirements, benefit entitlements,

and rights of the employees under a private plan pursuant to the provisions of P.L.1948,

c. 110 ( C.43:21-25 et seq. ), including appeal rights to the division, and shall include contact information

for the private plan and instructions as to how to file for benefits with the private

plan. The division shall permit any application for approval by the division of a private

plan to be submitted to the division by means of electronic communication, and permit

the use of an electronic signature for any signature required in the application,

as the term electronic signature is defined in section 2 of P.L.2001, c. 116 ( C.12A:12-2 ). 1

N.J.S.A. § 43:21-25 et seq. 2

N.J.S.A. § 43:21-27.