On March 16, 2009, the Appellate Division decided Siaw v. Valenzuala. In the case, Defendant Diomedes Valenzuala, a police officer, appealed from the judgment of the trial court denying his claims against his former employer, the Township of Irvington, for indemnification pursuant to N.J.S.A. 40A:14-155 in connection with his defense of a lawsuit against
Employee
Overview of PERS, TPAF, SPRS & JRS
By Frank M. Crivelli on
Posted in Retiree Benefits
Recently, it has come to our attention that many individuals aside from Public Safety Officers utilize this website as a reference guide for the various pension systems available to individuals employed by municipalities, counties, and the New Jersey state government. As such, this entry will focus upon a few of these pension systems and help our readers understand their background, membrship, and administration.
Overview of the Various Pension Systems
Public Employees Retirement System
The State of New Jersey established the Public Employees Retirement System (“PERS”) in 1955 after repeal of the laws that created the former State Employees Retirement System. Like the Police and Firemen’s Retirement System (“PFRS”), the New Jersey Division of Pensions and Benefits is assigned all administrative functions of the retirement system except for investment of the assets.
The PERS Board of Trustees has the responsibility for the proper operation of the retirement system. The Board consists of six (6) employee representatives, the State Treasurer, and two (2) individuals appointed by the Governor with advice and consent of the Senate. The Board meets monthly to conduct its business.
Membership in the retirement system is generally required as a condition of employment for most employees of the State or any county, municipality, school district, or public agency. Generally, an employee is required to enroll in PERS if:
· They are employed on a regular basis in a position covered by Social Security;
· Their annual salary is $1,500.00 or more; and
· They are not required to be a member of any other State or local government retirement system on the basis of the same position which gives them membership in PERS.
Teachers Pension and Annuity Fund
The Teachers Pension and Annuity Fund (“TPAF”) was established in 1919 and completely reorganized in 1955. The New Jersey Division of Pensions and Benefits is assigned all administrative function of the retirement system except for investment of the assets.Continue Reading Overview of PERS, TPAF, SPRS & JRS
BOROUGH’S PROMOTIONAL PROCESS UPHELD
By Frank M. Crivelli on
Posted in Public Employment Labor Law
In the matter of Paul Weber v. Borough of Glen Rock, A-1079-07T3, Plaintiff, Paul Weber, appealed from two trial court orders: (1) an order dated May 3, 2006 dismissing some of his claims; and (2) an order dated September 5, 2007 granting summary judgment to defendants on the balance of the claims. After …
Extension of Effective Date for New IRS Regulations
By Frank M. Crivelli on
Posted in Retiree Benefits
After much concern regarding the new Treasury Regulations promulgated by the Internal Revenue Service (“IRS”) and their potential impact on members of government pension plans, the IRS and the Treasury intend to extend the date by which a governmental plan must comply with final regulations on distributions from a pension plan upon attainment of …
Service as a Public Safety Officer and The First Amendment–Blurring the Line
By Frank M. Crivelli on
Posted in Public Employee Discipline
In the case of Leek v. New Jersey Department of Corrections, 33-2-0497, a Senior Corrections Officer appealed the New Jersey Department of Personnel, Merit System Board’s decision to uphold the Department’s issuance of a thirty (30) day suspension for violation of the Department’s internal rules and regulations and conduct unbecoming a public employee. The case…