Read the full stored bill text
S3385
SENATE, No. 3385
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 9, 2026
Sponsored by:
Senator� PAUL A. SARLO
District 36 (Bergen and Passaic)
SYNOPSIS
���� Permits transfer of service credit from PERS to
Prosecutors Part of PERS under certain circumstances.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning service credit for certain members of the
Prosecutors Part of the Public Employees� Retirement System and amending
P.L.2001, c.366.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.� Section 2 of P.L.2001,
c.366 (C.43:15A-156) is amended to read as follows:
���� 2.� a.� Notwithstanding the
provisions of any other law, prosecutors shall be members of the Prosecutors
Part, established pursuant to P.L.2001, c.366 (C.43:15A-155 et seq.), of the
Public Employees' Retirement System, established pursuant to P.L.1954, c.84
(C.43:15A-1 et seq.), and shall be subject to the same membership and benefit
provisions as State employees, except as provided by P.L.2001, c.366.�
Membership in the retirement system shall be a condition of employment for
service as a prosecutor.� Any service credit which has been established in the
Public Employees' Retirement System prior to the effective date of this act,
P.L.2021, c.226, shall be established in the Prosecutors Part without further
assessment of cost to the prosecutor; provided, however, any service credit
which has been established in the Public Employees' Retirement System and the
Judicial Retirement System not deferred pursuant to section 1 of P.L.2019,
c.287 (C.43:6A-11.1) by a member of the retirement system in any position prior
to service as a county prosecutor, nominated and appointed pursuant to Article
VII, Section II, paragraph 1 of the New Jersey Constitution, shall be
established in the Prosecutors Part without further assessment of cost to the
prosecutor.
����
Notwithstanding the
provisions of any other law, rule, regulation, or administrative determination
to the contrary,
any person who was employed as a
prosecutor on or before the effective date of P.L.2021, c.226, and who is an
active member of the Prosecutors Part as of the effective date of P.L.��� ,
c.��� (pending before the Legislature as this bill), shall be permitted to
transfer to the Prosecutors Part any service credit in the Public Employees�
Retirement System which was purchased by that member based on eligible
employment prior to the effective date of P.L.2021, c.226, provided that the
purchase of such service credit was made on or after the effective date of
P.L.2021, c.226 but prior to the enactment of P.L.��� , c.��� (pending before
the Legislature as this bill). �Such service credit shall be established in the
Prosecutors Part without further assessment of cost to the member as if it had
been purchased and established prior to the effective date of P.L.2021, c.226.
���� Any county prosecutor,
nominated and appointed pursuant to Article VII, Section II, paragraph 1 of the
New Jersey Constitution before or after the effective date of P.L.2024, c.56,
who purchases, after appointment as a county prosecutor, credit for service as
a law clerk to a judge of the New Jersey Superior Court or justice of the New
Jersey Supreme Court in the same manner and subject to the same terms and
conditions provided for the purchase of previous membership service by section
8 of P.L.1954, c.84 (C.43:15A-8) shall have that service established in the
Prosecutors Part.
���� Any county prosecutor or
acting county prosecutor enrolled in the Defined Contribution Retirement
Program as a county prosecutor or acting county prosecutor shall be eligible
for service credit in the Prosecutors Part, except that the county prosecutor or
acting county prosecutor shall first pay the amount equivalent to that amount
contributed pursuant to section 3 of P.L.2007, c.92 (C.43:15C-3) during each
fiscal year of membership in the Defined Contribution Retirement Program to be
credited.
���� b.� All outstanding
obligations, such as loans, purchases and other arrearage, shall be satisfied
by a prosecutor as previously scheduled for payment to the Public Employees'
Retirement System.
(cf: P.L.2024, c.56, s.1.)
���� 2. This act shall take effect
immediately.
STATEMENT
���� This bill permits the transfer
of service credit from the Public Employees� Retirement System (PERS) to the
Prosecutors Part of the PERS under certain circumstances.
���� Under the bill, any person who
was employed as a prosecutor on or before the effective date of P.L.2021, c.226
(September 24, 2021),� and who is currently enrolled as an active member of the
Prosecutors Part of the PERS, will be permitted to transfer any service credit
in the PERS that was purchased based on eligible employment prior to September
24, 2021 to the Prosecutors Part if the purchase of that service credit was
made on or after September 24, 2021, but prior to the enactment of this bill.�
���� Under the bill, such service
credit will be established in the Prosecutors Part without further assessment
of cost to the member as if it had been purchased and established prior to the
effective date of P.L.2021, c.226.