New Jersey A 2377: Permits PERS retiree to return to elective public office after retirement under certain circumstances.

Bill Text

ASSEMBLY, No. 2377

STATE OF NEW JERSEY
221st LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION

Sponsored by:
Assemblyman WILLIAM W. SPEARMAN
District 5 (Camden and Gloucester)

SYNOPSIS
Permits PERS retiree to return to elective public office after retirement
under certain circumstances.

CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.

A2377 SPEARMAN
2

AN ACT concerning the return to elective public office by a retired 1
member of the Public Employees’ Retirement System and 2
supplementing P.L.1954, c.84 (C.43:15A-1 et seq.). 3
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BE IT ENACTED by the Senate and General Assembly of the State 5
of New Jersey: 6
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1. A former member of the Public Employees’ Retirement 8
System who has been granted a retirement allowance prior to, or on 9
or after, the effective date of this act, P.L. , c. (pending 10
before the Legislature as this bill), for any cause other than 11
disability, may return to an elective public office position with the 12
former employer, either by appointment to fill a vacancy or by 13
election, without cancellation of the retirement and reenrollment in 14
the system if: (1) the return commences after the retirement 15
allowance becomes due and payable; (2) the former member had 16
attained the service retirement age, applicable to that member, as of 17
the date of retirement; and (3) the compensation for the elective 18
public office held is less than $12,000 per year. 19
This section shall be effective if the qualified status of the 20
retirement system under federal law can be maintained upon its 21
application, and such modifications to the system as may be 22
available shall be made to allow for its application. 23
As used in this section, "former employer" means the public 24
entity from which the former member retired from service 25
performed immediately prior to retirement. 26
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2. This act shall take effect immediately. 28
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STATEMENT 31
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This bill provides that a former member of the Public Employees’ 33
Retirement System who has been granted a retirement allowance prior 34
to, or on or after, the effective date of this bill, for any cause other than 35
disability, may return to an elective public office position with the 36
former employer, either by appointment to fill a vacancy or by 37
election, without cancellation of the retirement and reenrollment in the 38
system if: (1) the return commences after the retirement allowance 39
becomes due and payable; (2) the former member had attained the 40
service retirement age, applicable to that member, as of the date of 41
retirement; and (3) the compensation for the elective public office held 42
is less than $12,000 per year. 43
This bill will be effective if the qualified status of the retirement 44
system under federal law can be maintained upon its application, and 45
such modifications to the system as may be available will be made to 46
allow for its application. 47

A2377 SPEARMAN
3

As used in this bill, "former employer" means the public entity 1
from which the former member retired from service performed 2
immediately prior to retirement. 3