43:15A-7.5 Reenrollment in PERS for certain persons holding elective public office.

5. a. The Division of Pensions and Benefits in the Department of the Treasury shall reenroll in the Public Employees' Retirement System, established pursuant to P.L.1954, c.84 (C.43:15A-1 et seq.), any person holding elective public office on the effective date of this act, P.L.2017, c.344, who was a member of the retirement system as of the effective date of sections 1 through 19 of P.L.2007, c.92 (C.43:15C-1 through C.43:15C-15, C.43:3C-9, C.43:15A-7, C.43:15A-75 and C.43:15A-135) on the basis of holding an elective public office and who was elected to another elective public office after that effective date, provided the person has at least 15 years of continuous service in elective public offices of this State. The person shall be eligible for membership in the retirement system based on service in another elective office pursuant to sections 7 and 75 of P.L.1954, c.84 (C.43:15A-7 and C.43:15A-75), or section 1 of P.L.1972, c.167 (C.43:15A-135), as amended by P.L.2017, c.344. This reenrollment provision shall include any person holding elective public office on the effective date of this act, P.L.2017, c.344, who is receiving a retirement allowance from the retirement system on that effective date. For the purposes of this section, a person shall be deemed to have met the requirement for holding elective public office on the effective date of this act, P.L.2017, c.344, if the person's term of office expired within 30 days before that effective date.

As of the date of enrollment in the system, the elected official's participation, if any, in another State-administered retirement program on the basis of that elective public office shall be suspended. The elected public official may elect to waive enrollment in the Public Employees' Retirement System by signing a form prepared by the division.

b. An elected public official eligible for enrollment in the Public Employees' Retirement System pursuant to subsection a. of this section may request, in writing, within 180 days of the effective date of this act, P.L.2017, c.344, that the official's enrollment in the system be made retroactive to the date of his or her assumption of another elective office without a break in service as required by sections 7 and 75 of P.L.1954, c.84 (C.43:15A-7 and 43:15A-75), or section 1 of P.L.1972, c. 167 (C.43:15A-135), as amended by P.L.2017, c.344. The division shall grant the request only if the elected official complies with such terms and conditions as may be imposed by the division to ensure compliance with federal law, to ensure that the elected official will not be eligible to receive a benefit from both the Public Employee's Retirement System and another State-administered retirement program for the same period of service in the elective public office, and to ensure that the employer is reimbursed for any contributions made to the other program by either the program or the elected official unless those contributions may be rolled over into the PERS. Before fulfilling the request, the division shall inform the elected official, in writing, of the terms and conditions for granting the request, and shall include an estimate of any resulting loss of contributions and earnings, penalties that may be imposed by federal or State law, and contributions to be paid to the system by the employee and employer or former employer for the period of retroactive enrollment.

L.2017, c.344, s.5.