New Jersey § 52:14-17

§ 52:14-17.

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

of the State or an independent State authority, board, commission, corporation, agency,

or organization 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, including

any agreements in force at the time of the adoption of P.L.1996, c. 8 . 1 With respect to State employees for whom there is no majority representative for

collective negotiations purposes, the commission may, in its sole discretion, modify

the respective payment obligations set forth in P.L.1961, c. 49 for the State and

such employees in a manner consistent with the terms of any collective negotiations

agreement binding on the State. With respect to employees of an independent State authority, board, commission,

corporation, agency, or organization 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 P.L.1961, c. 49 for such employer

and such employees in a manner consistent with the terms of any collective negotiations

agreement binding on such employer. The provisions of this subsection shall also apply to employees deemed or considered

to be employees of the State pursuant to subsection (c) of section 2 of P.L.1961,

c. 49 ( C.52:14-17.26 ). b. (1) Notwithstanding the provisions of any other law to the contrary, for each State

employee who accrues 25 years of nonconcurrent service credit in one or more State

or locally-administered retirement systems before July 1, 1997, excepting the employee

who elects deferred retirement, the State, upon the employee's retirement, shall pay

the full cost of the premium or periodic charges for the health benefits provided

to a retired State employee and dependents covered under the State Health Benefits

Program, but not including survivors, and shall also reimburse the retired employee

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

employee's spouse. (2) Notwithstanding the provisions of any other law to the contrary, and except as

otherwise provided by section 8 of P.L.1961, c. 49 ( C.52:14-17.32 ) as amended by P.L.2005, c. 341, and by subsection c. of this section, for each State employee who accrues 25 years

of nonconcurrent service credit in one or more State or locally-administered retirement

systems on or after July 1, 1997, excepting the employee who elects deferred retirement,

the State, upon the employee's retirement, shall pay the premium or periodic charges

for the health benefits provided to a retired State employee and dependents covered

under the State Health Benefits Program, but not including survivors, and shall reimburse

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

employee and the employee's spouse: (a) in accordance with the provisions, if any,

concerning health benefits coverage in retirement which are in the collective negotiations

agreement applicable to the employee at the time of the employee's accrual of 25 years

of nonconcurrent service credit in one or more State or locally-administered retirement

systems, or (b) if the employee has no majority representative for collective negotiations

purposes, in a manner consistent with the terms, if any, concerning health benefits

coverage in retirement which are in any collective negotiations agreement deemed applicable

by the State Health Benefits Commission to that employee at the time of the employee's

accrual of 25 years of nonconcurrent service credit in one or more State or locally-administered

retirement systems. The terms for the payment of premiums or periodic charges established pursuant to

this paragraph for the traditional plan shall apply to the successor plan, and the

terms for the payment of premiums or periodic charges established pursuant to this

paragraph for the NJ PLUS plan shall apply to the State managed care plan required

to be included in a contract entered into pursuant to subsection c. of section 4 of

P.L.1961, c. 49 ( C.52:14-17.28 ). c. (1) Effective July 1, 2007, but, with respect to employees to whom this subsection

applies who are paid through the State centralized payroll, effective with the first

pay period beginning after July 1, 2007, the cost of benefits provided pursuant to

P.L.1961, c. 49 ( C.52:14-17.25 et seq. ) shall be shared by employees through the withholding of a contribution in an amount

as determined in accordance with paragraph (2) of this subsection. (2) The amount of the contribution required pursuant to paragraph (1) of this subsection

as to State employees and employees of an independent State authority, board, commission,

corporation, agency, or organization for whom there is a majority representative for

collective negotiations purposes shall be determined by means of a binding collective

negotiations agreement. 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, the amount of the contribution required pursuant

to paragraph (1) of this subsection by State employees and employees of an independent

State authority, board, commission, corporation, agency, or organization for whom

there is a majority representative for collective negotiations purposes shall be 1.5%

of base salary, notwithstanding any other amount that may be required additionally

pursuant to this paragraph by means of a binding collective negotiations agreement. The amount of the contribution required pursuant to paragraph (1) of this subsection

as to State employees for whom there is no majority representative for collective

negotiations purposes shall be determined in a manner consistent with the terms, if

any, concerning health benefits coverage which are in a collective negotiations agreement

deemed applicable by the commission to the employee. The amount of the contribution required pursuant to paragraph (1) of this subsection

as to employees of an independent State authority, board, commission, corporation,

agency, or organization for whom there is no majority representative for collective

negotiations purposes shall be determined in a manner consistent with the terms, if

any, concerning health benefits coverage which are in a collective negotiations agreement

deemed applicable by the employer to the employee. The amount of the contribution required pursuant to paragraph (1) of this subsection

as to State employees or employees of an independent State authority, board, commission,

corporation, agency, or organization for whom there is no majority representative

for collective negotiations purposes shall be 1.5 percent of base salary , notwithstanding any other amount that may be required additionally pursuant to this

paragraph by means of the application of the terms of a binding collective negotiations

agreement . (3) Except as provided in paragraph (5) of this subsection, the cost of benefits provided

pursuant to P.L.1961, c. 49 ( C.52:14-17.25 et seq. ) shall be shared by retirees to whom this subsection applies through the withholding

of a contribution in an amount as determined in accordance with paragraph (4) of this

subsection. (4) The amount of the contribution required pursuant to paragraph (3) of this subsection

as to State employees and employees of an independent State authority, board, commission,

corporation, agency, or organization for whom there is a majority representative for

collective negotiations purposes who accrue 25 years of nonconcurrent service credit

in one or more State or locally-administered retirement systems on or after July 1,

2007, and who retire on or after July, 1, 2007, excepting employees who elect deferred

retirement, but including those who retire on a disability pension after July 1, 2007,

shall be determined by means of a binding collective negotiations agreement applicable

at the time of the employee's accrual of 25 years of nonconcurrent service credit

in one or more State or locally-administered retirement systems. The amount of the contribution required pursuant to paragraph (3) of this subsection

as to State employees or employees of an independent State authority, board, commission,

corporation, agency, or organization for whom there is no majority representative

for collective negotiations purposes who accrue 25 years of nonconcurrent service

credit in one or more State or locally-administered retirement systems on or after

July 1, 2007, and who retire on or after July 1, 2007, excepting employees who elect

deferred retirement, but including those who retire on a disability pension after

July 1, 2007, shall be determined in a manner consistent with the terms, if any, concerning

health benefits coverage in retirement which are in any collective negotiations agreement

deemed applicable by the commission to that employee at the time of the employee's

accrual of 25 years of nonconcurrent service credit in one or more State or locally-administered

retirement systems, except that for employees who accrue 25 years of nonconcurrent

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

the period beginning July 1, 2007, and ending June 30, 2011, the contribution shall

be 1.5 percent of the monthly retirement allowance, including any future cost-of-living

adjustments, or, with respect to retirees for whom there is no majority representative

and who are members of the alternate benefit program, an amount determined pursuant

to a formula developed by the commission that shall be designed to result in a contribution

that is comparable to the contribution that applies to retirees who are not members

of the alternate benefit program. (5) The contribution required pursuant to paragraph (3) of this subsection shall not

take effect until the New Jersey Retirees' Wellness Program is open for enrollment

and thereafter the contribution shall be waived for a retiree who participates in

the New Jersey Retirees' Wellness Program. The Division of Pensions and Benefits shall issue a report on the New Jersey Retirees'

Wellness Program. The report shall include, but need not be limited to, the claims experience with

regard to retirees in the program, and the costs and savings realized. The report shall be issued at the end of the third year after the program's implementation

or by December 30, 2010, whichever is earlier. The report shall be submitted to the Governor, the Legislature, and the State Treasurer. (6) Any employee or retiree from whom withholding of a contribution is required pursuant

to this subsection shall not be required to pay any percentage of the premiums or

periodic charges for health care benefits provided under P.L.1961, c. 49 ( C.52:14-17.25 et seq. ), other than dental benefits. (7) The contribution required pursuant to this subsection may be terminated only upon

withdrawal from all health care benefits coverage as an employee or retiree, other

than coverage for dental benefits, and the submission to the commission of written

certification by the employee that the employee is covered by other health care benefits

and that those benefits are in force. The commission shall not apply the written certification requirement to retirees

or to employees to whom Article VI, Section VI, paragraph 6 of the New Jersey Constitution applies. d. The amount of contribution required pursuant to paragraph (3) of subsection c.

of this section in retirement as to a State employee and employee of an independent

State authority, board, commission, corporation, agency, or organization who becomes

a member of a State or locally-administered retirement system on or after the effective

date of P.L.2010, c. 2 , for whom there is a majority representative for collective negotiations purposes

and for whom there is no such representative, shall be 1.5 percent of the retiree's

monthly retirement allowance, including any future cost-of-living adjustments, or

with respect to members of the alternate benefit program, an amount determined pursuant

to the formula specified in paragraph (4) of subsection c. of this section, notwithstanding

any other amount that may be required additionally pursuant to paragraph (4) of subsection

c. of this section by means of a binding collective negotiations agreement or by means

of the application of the terms of such an agreement. The contribution required by this subsection or pursuant to paragraph (4) of subsection

c. of this section for officers or employees specified in this subsection shall not

be waived for a retiree who participates in the New Jersey Retirees' Wellness Program. 1

P.L.1996, c. 8 (C.52:14-17.26 et al.) was adopted on March 21, 1996.