Skip to main navigation
Governor Chris Christie • Lt Governor Kim Guadagno
The Official Web Site For The State of New Jersey
 
Search
Global Navigation NJHome Services A to Z Departments/ Agencies FAQs
Skip to main navigation

State of New Jersey
Executive Order #133

Acting Governor Donald T. DiFrancesco

WHEREAS, the President of the United States has authorized the deployment of United States military forces as part of Operation Noble Eagle and other related operations in response to the September 11, 2001 attacks on the World Trade Center and Pentagon, in accordance with law; and

WHEREAS, the President may authorize the Secretary of Defense to call up select members of the Reserve and National Guard to active duty, and may authorize the Secretary of Transportation to call up members of the Coast Guard Reserve; and

WHEREAS, Reserve and National Guard members who are activated during this crisis will serve vital national and state interests for which they deserve the full support of the citizens of this State; and

WHEREAS, the Governor may order certain members of the New Jersey Organized Militia, including the New Jersey National Guard, to active duty pursuant to N.J.S.A. 38A:2-4 or N.J.S.A. 38A:2-5; and

WHEREAS, Organized Militia members, including the New Jersey National Guard, Naval Militia and State Guard, who may be activated for state active duty service in support of Operation Noble Eagle and other related operations in response to the September 11, 2001 attacks on the World Trade Center and Pentagon pursuant to N.J.S.A. 38A:2-4 will serve a vital State interest for which they deserve the full support of the citizens of this State; and

WHEREAS, the State of New Jersey recognizes that a strong, ready Reserve and Organized Militia, are essential to the defense of this country and vital to this State in times of emergency; and

WHEREAS, the State of New Jersey recognizes the personal and economic sacrifices of its employees serving in the Reserve, and the Organized Militia, including the National Guard, who are called to active duty for or in support of Operation Noble Eagle and other related operations in response to the September 11, 2001 attacks on the World Trade Center and Pentagon;

NOW, THEREFORE, I, Donald T. DiFrancesco, Acting Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby

ORDER and DIRECT:

 

1. New Jersey State employees who are called to federal or state active duty during Operation Noble Eagle and other related operations in response to the September 11, 2001 attacks on the World Trade Center and Pentagon shall be entitled, upon termination of active duty, to return to State employment with full seniority and benefits consistent with State and federal military reemployment and seniority rights.

2. During active duty for the duration of their activation in this crisis, these State employees shall be entitled to receive a salary equal to the differential between the employee's State salary and the employee's military base pay following the exhaustion of statutory entitlements to full pay.

3. These State employees shall be entitled to State employee health benefits, life insurance and pension coverage during active duty service for which they receive differential salary as prescribed in this Order as if they were on paid leave of absence.

4. If a State employee's military base pay is greater than his or her State salary, such that he or she would not receive differential pay under paragraph 2 of this Order, that State employee shall, nonetheless, be entitled to State employee health benefits, life insurance and pension coverage during active duty service, with the State employee's contributory portion of those benefits and programs to be paid by the employee upon his or her return to State employment, after completion of active duty.

5. The Commissioner of Personnel shall implement this Executive Order and each department, office, division, or agency of the State is authorized and directed, to the extent not inconsistent with law, to cooperate with the Commissioner of Personnel and to make available to the Commissioner such information, personnel, and assistance as necessary to accomplish the purposes of this Order.

6. This Order shall take effect immediately, and shall apply retroactively to all State employees who were placed on federal or state active duty on or after September 11, 2001.

 

GIVEN, under my hand and seal
this 26th day of September
in the Year of our our Lord,
Two Thousand and One, and
of the Independence of the United
States, the two hundred and twenty-sixth.

/s/ Donald T. DiFrancesco
Acting Governor

Attest:

/s/
James A. Harkness
Chief Counsel to the Governor

Contact Us | Privacy Notice | Legal Statement & Disclaimers | Accessibility Statement
NJHome
Statewide: NJ Home | Services A to Z | Departments/Agencies | FAQs
Copyright © State of New Jersey, 1996-2010
This site is maintained by the New Jersey Office of Information Technology