State Codes and Statutes

Statutes > New-jersey > Title-18a > Section-18a-66 > 18a-66-32

18A:66-32.  Employer's duties
    Upon the employment of a person to whom this article may apply, his employer  shall inform him of his duties and obligations under this article as a  condition of his employment;  the employer shall notify the retirement system  of such appointment within 10 days thereafter;  it shall keep such records and  from time to time furnish such information as the retirement system may  require;  deduct the proportion of salary and extra salary deductions as  certified by the retirement system, transfer each of the amounts so deducted to  the retirement system;  and shall transmit to the retirement system monthly or  at such intervals as the system designates a detailed statement of all amounts  so paid.  If payment in full, representing the monthly or biweekly transmittal  and report of salary deductions, is not made within 15 days of the due date  established by the retirement system, interest at the rate of 6% per annum  shall commence to run against the total transmittal of salary deductions for  the period on the first day after such fifteenth day.  Any failure on the part  of the employer to comply with the provisions of this section shall constitute  a default, and the State Department of Education may withhold school moneys from the district until the default is made good.

    Where an employer fails to notify the retirement system of a teacher's employment and more than one year has elapsed from the compulsory enrollment date of such teacher, the employer shall be liable for the payment, with interest of 6% per annum, to the contingent reserve fund which would otherwise have been required of, and timely paid, by the state.

L.1967, c.271; amended by L.1968, c. 228, s. 3, eff. July 31, 1968.
 
18A:66-32.1.Periodic benefits payable under Workers' Compensation Law; salary deductions paid by employer; retirement benefits application
18A:66-32.1.  a.  If any member of the retirement system receives periodic benefits payable under the workers' compensation law during the course of his active service, in lieu of his normal compensation, his regular salary deductions shall be paid to the retirement system by his employer.  Such payments shall be computed, in accordance with N.J.S.18A:66-29, at the rate of contribution on the base salary subject to the retirement system, just prior to the receipt of the workers' compensation benefits.  The moneys paid by the employer shall be credited to the member's account in the annuity savings fund and shall be treated as employee contributions for all purposes.  The employer will terminate the payment of these moneys when the periodic benefits payable under the workers' compensation law are terminated or when the member retires.

The member for whom the employer is making such payments, will be considered as if he were in the active service.

b. An application for retirement benefits may be approved by the board of trustees while the member, applying for such benefits, is in receipt of periodic benefits under the workers' compensation law.  If a retirant receiving an accidental disability retirement allowance becomes a recipient of periodic benefits under the workers' compensation law after the date of retirement, the pension portion of the retirement allowance payable to the retirant shall be reduced, during the period of the payment of the periodic benefits, dollar-for-dollar in the amount of the periodic benefits received after the date of retirement, subject to the provisions of N.J.S. 18A:66-69.  The reduction provided for herein shall not affect the retirant's pension adjustment benefits or survivor benefits that may be payable upon the death of the retirant.

If an accidental disability retirant receives a retirement allowance without reduction and periodic benefits under the workers' compensation law for any period of time after the date of retirement, the retirant shall repay to the retirement system the amount of the pension portion of the retirement allowance which should have been subject to reduction under this subsection.  The repayment may be in the form of a lump sum payment or scheduled as deductions from the retirant's retirement allowance and pension adjustment benefits.  If the retirant dies before full repayment of the amount required, the remaining balance shall be deducted from any death benefits payable on behalf of the retirant.

L.1967, c.271; amended 1971,c.121,s.16; 1995,c.369,s.1.