New Jersey § 52:14-17

§ 52:14-17.

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

than the State which participates in the State Health Benefits Program, established

pursuant to P.L.1961, c. 49 ( C.52:14-17.25 et seq. ), may allow any employee who is eligible for other health care coverage to waive

coverage under the State Health Benefits Program to which the employee is entitled

by virtue of employment with the employer. The waiver shall be in such form as the Director of the Division of Pensions and

Benefits shall prescribe and shall be filed with the division. After such waiver has been filed and for so long as that waiver remains in effect,

no premium shall be required to be paid by the employer for the employee or the employee's

dependents. Not later than the 180th day after the date on which the waiver is filed, the division

shall refund to the employer the amount of any premium previously paid by the employer

with respect to any period of coverage which followed the filing date. b. Notwithstanding the provisions of any other law to the contrary, the State as an

employer, or an employer that is an independent authority, commission, board, or instrumentality

of the State which participates in the State Health Benefits Program, may allow any

employee who is eligible for other health care coverage that is not under the State

Health Benefits Program to waive the coverage under the State Health Benefits Program

to which the employee is entitled by virtue of employment with the employer. The waiver shall be in such form as the Director of the Division of Pensions and

Benefits shall prescribe and shall be filed with the division. c. In consideration of filing a waiver as permitted in subsections a. and b. of this

section, an employer may pay to the employee annually an amount, to be established

in the sole discretion of the employer, which shall not exceed 50% of the amount saved

by the employer because of the employee's waiver of coverage , and, for a waiver filed on or after the effective date of P.L.2010, c. 2 , which shall not exceed 25%, or $5,000, whichever is less, of the amount saved by

the employer because of the employee's waiver of coverage . An employee who waives coverage shall be permitted to immediately resume coverage

if the employee ceases to be eligible for other health care coverage for any reason,

including, but not limited to, the retirement or death of the spouse or divorce. An employee who resumes coverage shall repay, on a pro rata basis, any amount received

from the employer which represents an advance payment for a period of time during

which coverage is resumed. An employee who wishes to resume coverage shall notify the employer in writing and

file a declaration with the division, in such form as the director of the division

shall prescribe, that the waiver is revoked. The decision of an employer to allow its employees to waive coverage and the amount

of consideration to be paid therefor shall not be subject to the collective bargaining

process.