New Jersey § 52:14-17

§ 52:14-17.

a. The health care benefits coverage of any employee, and the employee's dependents, if any, shall cease upon

the discontinuance of the term of office or employment or upon cessation of active

full-time employment subject to such regulations as may be prescribed by the commission

for limited continuance of coverage during disability, part-time employment, leave of absence or layoff, and

for continuance of coverage after retirement, any such continuance after retirement to be provided at

such rates and under such conditions as shall be prescribed by the commission, subject,

however, to the requirements hereinafter set forth in this section. Notwithstanding the provisions of any law to the contrary, for law enforcement officers

employed by the State for whom there is a majority representative for collective negotiation

purposes, and for nonaligned sworn members of the Division of State Police who retire

after July 1, 2005, the coverage options available to such employees in retirement

shall be limited to those options that were available to the employee on the employee's

last day of employment. The commission may also establish regulations prescribing an extension of coverage

when an employee or dependent is totally disabled at termination of coverage. b. Rates payable by retired employees for themselves and their dependents, by active

employees for dependents covered by Medicare benefits, and by the State or other employer

for an active employee alone covered by Medicare benefits, shall be determined on

the basis of utilization experience according to classifications determined by the

commission, provided, however, that the total rate payable by such retired employee

for the employee and the employee's dependents, or by such active employee for the

employee's dependents and the State or other employer for such active employee alone,

for coverage hereunder and for Part B of Medicare, shall not exceed by more than 25%,

as determined by the commission, the total amount which would have been required to

have been paid by the employee and by the State or other employer for the coverage

maintained had the employee continued in office or active employment and the employee

and the employee's dependents were not eligible for Medicare benefits. “ Medicare ” as used in this act means the coverage provided under Title XVIII of the Social

Security Act as amended in 1965, or its successor plan or plans. 1 c. (1) From funds appropriated therefor, the State shall pay the premium or periodic

charges for the benefits provided to a retired State employee and the employee's dependents

covered under the program, but not including survivors, if such employee retired from

one or more State or locally-administered retirement systems on a benefit or benefits

based in the aggregate on 25 years or more of nonconcurrent service credited in the

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 excepting the employee who elected deferred retirement, but including

the employee who retired on a disability pension based on fewer years of service credited

in the retirement systems and shall also reimburse such retired employee for the premium

charges under Part B of the federal Medicare program covering the retired employee

and the employee's spouse. In the case of full-time employees of the Rutgers University Cooperative Extension

Service, service credited in the federal Civil Service Retirement System ( 5 U.S.C.s.8331 et seq. ) which was earned as a result of full-time employment at Rutgers University, may

be considered alone or in combination with service credited in one or more State or

locally-administered retirement systems for the purposes of establishing the minimum

25-year service requirement to qualify for the benefits provided in this section. Any full-time employee of the Rutgers University Cooperative Extension Service who

meets the eligibility requirements set forth in this amendatory act shall be eligible

for the benefits provided in this section, provided that at the time of retirement

such employee was covered by the State Health Benefits Program and elected to continue

such coverage into retirement. (2) Notwithstanding the provisions of this section to the contrary, from funds appropriated

therefor, the State shall pay the premium or periodic charges for the benefits provided

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

but not including survivors, if: (a) the employee retires on or after the effective

date of this 1987 amendatory act; (b) the employee was employed by Rutgers University

prior to January 2, 1955 and remained in continuous service with Rutgers University

until retirement even though the employee (i) did not join a State-administered retirement

system, or, (ii) became a member of a State-administered retirement system, but accumulated

less than 25 years of credited service; and (c) the employee is covered by the program

at the time of retirement. (3) Notwithstanding the provisions of this section to the contrary, in the case of

an employee of a State college, as described in chapter 64 of Title 18A of the New

Jersey Statutes, or of a county college, as defined in N.J.S.18A:64A-1 , service credited in a private defined contribution retirement plan which was earned

as an employee of an auxiliary organization, as defined in section 2 of P.L.1982,

c. 16 ( C.18A:64-27 ), at a State or county college shall be considered in combination with service credited

in a State-administered retirement system for the purposes of establishing the minimum

25-year service requirement to qualify for the benefits provided in this section,

provided that the employee is covered by the program at the time of retirement. (4) Notwithstanding the provisions of this section to the contrary, from funds appropriated

therefor, the State shall pay the premium or periodic charges for the benefits provided

to a retired State employee and any dependents covered under the program, but not

including survivors, if the employee: (a) retired prior to the effective date of P.L.1997, c. 335 ( C.52:14-17.32 ), under the State Police Retirement System, established pursuant to P.L.1965, c.

89 ( C.53:5A-1 et seq. ), with more than 20 but less than 25 years of service credit in the retirement system;

(b) was subsequently employed by the State in another position or positions not covered

by the State Police Retirement System; (c) has, in the aggregate, at least 30 years

of full-time employment with the State; and (d) is covered by the program at the

time of terminating full-time employment with the State. 1

42 U.S.C.A. § 301 et seq.