New Jersey § 52:14-17

§ 52:14-17.

a. The Division of Pensions and Benefits shall certify to the certifying agent of

each employer electing participation under the program the premium rates and periodic

charges applicable to the coverage provided for employees and dependents. The participating employer shall remit to the division all contributions to premiums

and periodic charges in advance of their due dates, subject to the rules and regulations

of the commission. Notwithstanding the provisions of any other law to the contrary, the obligations of

a participating employer other than the State to pay the premium or periodic charges

for health benefits coverage provided under P.L.1961, c. 49 ( C.52:14-17.25 et seq. ) may be determined by means of a binding collective negotiations agreement. With respect to employees for whom there is no majority representative for collective

negotiations purposes, the employer may, in its sole discretion, modify the respective

payment obligations set forth in law for the employer and such employees in a manner

consistent with the terms of any collective negotiations agreement binding on the

employer. Commencing on the effective date of P.L.2010, c. 2 and upon the expiration of any applicable binding collective negotiations agreement

in force on that effective date, employees of an employer other than the State shall

pay 1.5 percent of base salary, through the withholding of the contribution, for health

benefits coverage provided under P.L.1961, c. 49 ( C.52:14-17.25 et seq. ), notwithstanding any other amount that may be required additionally pursuant to

this paragraph by means of a binding collective negotiations agreement or the modification

of payment obligations. b. (1) From funds allocated therefor, the employer other than the State, upon the

adoption and submission to the division of an appropriate resolution prescribed by

the commission, may pay the premium or periodic charges for the benefits provided

to a retired employee and the employee's dependents covered under the program, if

the employee retired from a State or locally-administered retirement system, excepting

the employee who elected deferred retirement, and may also reimburse the retired employee

for the employee's premium charges under Part B of Medicare covering the retired employee

and the employee's spouse if the employee: (a) retired on a disability pension; or (b) retired after 25 or more years of nonconcurrent service credit in one or more

State or locally-administered retirement systems, excluding service credited under

the Defined Contribution Retirement Program established pursuant to P.L.2007, c. 92 ( C.43:15C-1 et al.), and a period of service of up to 25 years with the employer at the time

of retirement, such period of service to be determined by the employer and set forth

in an ordinance or resolution as appropriate; or (c) retired and reached the age of 65 years or older with 25 years or more of nonconcurrent

service credit in one or more State or locally-administered retirement systems, excluding

service credited under the Defined Contribution Retirement Program, and a period of

service of up to 25 years with the employer at the time of retirement, such period

of service to be determined by the employer and set forth in an ordinance or resolution

as appropriate; or (d) retired and reached the age of 62 years or older with at least 15 years of service

with the employer, excluding service credited under the Defined Contribution Retirement

Program. “Retired employee and the employee's dependents” may, upon adoption of an appropriate

resolution therefor by the participating employer, also include otherwise eligible

employees, and their dependents, who retired from one or more State or locally-administered

retirement systems prior to the date that the employer became a participating employer

in the New Jersey State Health Benefits Program or who did not elect to continue coverage

in the program during such time after the employer became a participating employer

that the employer did not pay premium or periodic charges for benefits to retired

employees and their dependents pursuant to this section. Eligibility and enrollment of such employees and dependents shall be in accordance

with such rules and regulations as may be adopted by the State Health Benefits Commission. The employer other than the State may, by resolution, pay the premium or periodic

charges for the benefits provided to the surviving spouse of a retired employee and

the employee's dependents covered under the program as provided in this section. (2) Notwithstanding the provisions of any other law to the contrary, the obligations

of an employer other than the State, except an independent State authority, board,

commission, corporation, agency, or organization deemed to be covered by section 6

of P.L.1996, c. 8 ( C.52:14-17.28b ) and except school boards whose employees are covered by section 3 of P.L.1987, c.

384 ( C.52:14-17.32f ), section 2 of P.L.1992, c. 126 ( C.52:14-17.32f1 ) and section 1 of P.L.1995, c. 357 ( C.52:14-17.32f2 ), to pay the premium or periodic charges for health benefits coverage under the provisions

of paragraph (1) may be determined by means of a binding collective negotiations agreement,

including any agreement in force at the time of the adoption of this act, P.L.1999, c. 48 . With respect to employees for whom there is no majority representative for collective

negotiations purposes, the employer may, in its sole discretion, determine the payment

obligations for the employer and the employees, except that if there are collective

negotiations agreements binding upon the employer for employees who are within the

same community of interest as employees in a collective negotiations unit but are

excluded from participation in the unit by the “New Jersey Employer-Employee Relations

Act,” P.L.1941, c. 100 ( C.34:13A-1 et seq. ), the payment obligations shall be determined in a manner consistent with the terms

of any collective negotiations agreement applicable to the collective negotiations

unit. An employee who becomes a member of a State or locally-administered retirement system

on or after the effective date of P.L.2010, c. 2 shall pay in retirement 1.5 percent of the retiree's monthly retirement allowance,

including any future cost-of-living adjustments, through the withholding of the contribution,

for health benefits coverage provided under P.L.1961, c. 49 ( C.52:14-17.25 et seq. ), notwithstanding any other amount that may be required additionally pursuant to

this paragraph by means of a binding collective negotiations agreement or the determination

of payment obligations. c. Notwithstanding the provisions of any other law to the contrary, the payment obligations

of an employee of an employer other than the State, except an independent State authority,

board, commission, corporation, agency, or organization, for health benefits coverage

under subsection b. shall be the payment obligations applicable to the employee on

the date the employee retires on a disability pension or the date the employee meets

the service credit and service requirements for the employer payment for the coverage,

as the case may be.