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RECENT LEGISLATION
2016

Chapter 76, P.L. 2016

This law amends Chapter 21, P.L. 2014, which provided an exception to the 180 day return to employment rule to be considered a bona fide retirement to a TPAF retiree who is re-employed by the former employer in a position as a coach of an athletics activity, provided that:

  1. The employment begins after the retirement allowance becomes due and payable;

  2. The retired member had attained service retirement age as of the date of retirement; and

  3. The compensation for the employment is less than $10,000 per year. 

This new law increases the amount of annual compensation to less than $15,000 for TPAF retirees who are reemployed under this exception.

Chapter 68, P.L. 2016 This law establishes a new category of “Class Three” special law enforcement officers under the Special Law Enforcement Officers’ Act.  This category of law enforcement officer would be comprised of retired law enforcement officers and would be authorized to provide security in this State’s public and nonpublic schools and county colleges.
Chapter 67, P.L. 2016

This law provides that the State will procure, in an expedited manner, professional services contracts for:

  1. Technical assistance to evaluate the qualifications of bidders on a Pharmacy Benefits Manager (PBM) procurement and online automated reverse auction services to support comparison of the pricing for the PBM procurement;

  2. Real-time, electronic, line-by-line, claim-by-claim review of invoiced PBM pharmacy claims using an automated claims adjudication technology platform that allows for online comparison of PBM invoices and auditing of other aspects of the services provided by the PBM; and

  3. A PBM for the State Health Benefits Plan or the School Employees Health Benefits Plan. 
The law also authorizes the Division of Purchase and Property in the Department of the Treasury, to the extent necessary, to waive or modify any other law or regulation that may interfere with the procurement of these services. 
Chapter 26, P.L. 2016

This law amends the State Police Retirement System (SPRS) and Police and Firemen’s Retirement (PFRS) statutes to do the following:

  1. Changes the definition of “child” in the SPRS to be identical to the PFRS definition, and

  2. For both SPRS and PFRS, increases the accidental death benefit payable to children if there is no surviving spouse to 70% of final compensation
Chapter 4, P.L. 2016

This law, designated as the Atlantic City “Municipal Stabilization and Recovery Act,” requires a municipality deemed in need of stabilization and recovery to adopt a comprehensive recovery plan, and authorizes the State to stabilize such a municipality experiencing severe fiscal distress if it fails to adopt an acceptable recovery plan within 150 days.

Chapter 206, P.L. 2015

This law requires health insurers, the State Health Benefits Program and the School Employees’ Health Benefits Program, in any health insurance policies or contracts, or health benefits plans, which provide benefits for pharmacy services, prescription drugs, or for participation in a prescription drug plan, to, on at least one occasion per year for each covered person:

  1. apply a prorated daily cost-sharing rate to prescriptions that are dispensed by a network pharmacy for less than a 30 days' supply if the prescriber or pharmacist indicates the fill or refill is in the best interest of the covered person or is for the purpose of synchronizing the covered person’s chronic medications;

  2. provide coverage for a drug prescribed for the treatment of a chronic illness dispensed in accordance with a plan among the covered person, the prescriber and the pharmacist to synchronize the refilling of multiple prescriptions for the covered person; and

  3. determine dispensing fees based exclusively on the total number of prescriptions dispensed and not on a prorated basis.
Chapter 180, P.L. 2015

This law requires the Division of Pensions and Benefits to provide for the notification of any member or retiree of a State-administered retirement system if there is on file for that member or retiree a judgment, court order, decree, or other legal document, such as a court-approved domestic relations order, that specifies the beneficiary of group life insurance.  The notification would occur if the member or retiree submits a change to the designation of beneficiary for contributory and non-contributory group life insurance.

Links to the New Jersey Legislature and other legislature information.


Chapter 76, P.L. 2016

Date Approved: December 5, 2016

Effective Date: December 5, 2016

Description:

This law amends Chapter 21, P.L. 2014, which provided an exception to the 180 day return to employment rule to be considered a bona fide retirement to a TPAF retiree who is re-employed by the former employer in a position as a coach of an athletics activity, provided that:

  1. The employment begins after the retirement allowance becomes due and payable;

  2. The retired member had attained service retirement age as of the date of retirement; and

  3. The compensation for the employment is less than $10,000 per year. 

This new law increases the amount of annual compensation to less than $15,000 for TPAF retirees who are reemployed under this exception.

To view the new law, click here: Chapter 76, P.L. 2016 Adobe PDF (36K)

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Chapter 68, P.L. 2016

Date Approved: November 30, 2016

Effective Date: June 1, 2017 (This law takes effect on the first day of the seventh month following enactment.)

Description:

This law establishes a new category of “Class Three” special law enforcement officers under the Special Law Enforcement Officers’ Act.  This category of law enforcement officer would be comprised of retired law enforcement officers and would be authorized to provide security in this State’s public and nonpublic schools and county colleges. 

In addition to the qualifications currently applicable to all special law enforcement officers, a person shall not be appointed as a Class Three special law enforcement officer unless the person:

  1. Is a retired law enforcement officer who is less than 65 years of age.  A law enforcement officer will not be considered retired if the officer’s return to employment violates any federal or State law or regulation which would deem the officer’s retirement as not being bona fide;

  2. Had served as a duly qualified, fully-trained, full-time officer in any municipality or county of this State or as a member of the State Police and was separated from that prior service in good standing, within three years of appointment, except during the first year following the effective date of this law, was separated from that prior service within five years of appointment;

  3. Is physically capable of performing the functions of the position, determined in accordance with Police Training Commission guidelines;

  4. Possesses a New Jersey Police Training Commission Basic Police Officer Certification or New Jersey State Police Academy Certification;

  5. Has completed the training course for safe schools resource officers developed pursuant to subsection a. of section 2 of P.L.2005, c.276 (C.52:17B-71.8); and

  6. Is hired in a part-time capacity.

Note:  A Class Three special law enforcement officer appointed pursuant to this law will not, based on this appointment, be eligible for health care benefits or enrollment in any State-administered retirement system.

To view the new law, click here: Chapter 68, P.L. 2016 Adobe PDF (59K)

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Chapter 67, P.L. 2016

Date Approved: November 21, 2016

Effective Date: November 21, 2016

Description:

This law provides that the State will procure, in an expedited manner, professional services contracts for:

  1. Technical assistance to evaluate the qualifications of bidders on a Pharmacy Benefits Manager (PBM) procurement and online automated reverse auction services to support comparison of the pricing for the PBM procurement;

  2. Real-time, electronic, line-by-line, claim-by-claim review of invoiced PBM pharmacy claims using an automated claims adjudication technology platform that allows for online comparison of PBM invoices and auditing of other aspects of the services provided by the PBM; and

  3. A PBM for the State Health Benefits Plan or the School Employees Health Benefits Plan. 

The law also authorizes the Division of Purchase and Property in the Department of the Treasury, to the extent necessary, to waive or modify any other law or regulation that may interfere with the procurement of these services. 

To view the new law, click here: Chapter 67, P.L. 2016 Adobe PDF (131K)

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Chapter 26, P.L. 2016

Date Approved: August 18, 2016

Effective Date: August 18, 2016

Description:

This law amends the State Police Retirement System (SPRS) and Police and Firemen’s Retirement (PFRS) statutes to do the following:

  1. Changes the definition of “child” in the SPRS to be identical to the PFRS definition, and

  2. For both SPRS and PFRS, increases the accidental death benefit payable to children if there is no surviving spouse to 70% of final compensation.

Prior to this new law, if a member of the SPRS or PFRS died in the performance of duty, the surviving spouse received a pension of 70% of final compensation or of adjusted final compensation, as appropriate, for the benefit of that spouse and the children of the deceased.  If there was no surviving spouse or in case the spouse dies, 20% of that compensation was paid annually to one surviving child, 35% to two surviving children in equal shares, and 50% to three or more children in equal shares.

This law increases the percentage of final compensation or adjusted final compensation to 70% for a surviving child, or for surviving children in equal shares, when there is no surviving spouse or the surviving spouse dies.

Prior to this new law, the SPRS statutes defined a “child” as a deceased member's or retirant's unmarried child either (a) under the age of 18 or (b) of any age who, at the time of the member's or retirant's death, is disabled because of an intellectual disability or physical incapacity, is unable to do any substantial, gainful work because of the impairment and the impairment has lasted or can be expected to last for a continuous period of not less than 12 months, as affirmed by the SPRS medical board.  The law changes this definition to include a child 18 years of age or older and enrolled in a secondary school, or under the age of 24 and enrolled in a degree program in an institution of higher education for at least 12 credit hours in each semester, provided that the member died in active service as a result of an accident met in the actual performance of duty at some definite time and place, and the death was not the result of the member's willful misconduct.  This change makes the definition of “child” identical to the definition of “child” in the PFRS.  This change in the definition of child in SPRS would apply for the annual benefit available under current law, when there is no surviving spouse or the surviving spouse dies, to a surviving child in the event of a member’s accidental death in the performance of duty, ordinary death in active service, or death after retirement.

The change in the definition of child and the amount of the benefit to a surviving child would apply to a benefit initially granted on or after January 1, 2016 to a surviving child; however, the increase in the amount of the benefit would only be paid prospectively.  No retroactive payments would be made.

To view the new law, click here: Chapter 26, P.L. 2016 Adobe PDF (169K)

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Chapter 4, P.L. 2016

Date Approved: May 27, 2016

Effective Date: May 27, 2016

Description:

This law, designated as the Atlantic City “Municipal Stabilization and Recovery Act,” requires a municipality deemed in need of stabilization and recovery to adopt a comprehensive recovery plan, and authorizes the State to stabilize such a municipality experiencing severe fiscal distress if it fails to adopt an acceptable recovery plan within 150 days.

Among its several provisions, Section 13 of the law allows a municipality in need of stabilization and recovery, as determined by the commissioner of the Department of Community Affairs, to offer and implement an incentive program for retirement or termination of employment after approval of such incentive program by the director of the Division of Local Government Services.  The program shall be limited to full-time employees in any department, office, section, or other organizational component of the municipality in need of stabilization and recovery to achieve financial stability.  The incentive program may include one or more of the following:

  1. cash payments or the purchase of annuities;

  2. employer contributions to an approved employee deferred compensation program to the extent permitted by federal law;

  3. payment by the municipality for continuation of health benefits coverage after retirement for not more than five years or until the employee attains the age of eligibility for Medicare, whichever occurs first;

  4. payment by the municipality for health benefits coverage after retirement under the New Jersey State Health Benefits Program or under group insurance contracts pursuant to N.J.S.40A:10-23, for employees and dependents in accordance with the law and rules governing the State Health Benefits Program or the law governing such group insurance contracts, as the case may be, for employees who fail to meet the service requirement for payment for such coverage after retirement by no more than five years, but who are otherwise eligible for employer payment for health benefits coverage after retirement; or

  5. Up to 5 years of additional service credit for employees who are members of the Public Employees' Retirement System or the Police and Firemen's Retirement System, or a municipal retirement system created under P.L.1954, c.218 (C.43:13-22.3 et seq.) or P.L.1964, c.275 (C.43:13-22.50 et seq.).

To view the new law, click here: Chapter 4, P.L. 2016 Adobe PDF (237K)

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Chapter 206, P.L. 2015

Date Approved: January 11, 2016

Effective Date: 180 Days following Enactment

Description:

This law requires health insurers, the State Health Benefits Program and the School Employees’ Health Benefits Program, in any health insurance policies or contracts, or health benefits plans, which provide benefits for pharmacy services, prescription drugs, or for participation in a prescription drug plan, to, on at least one occasion per year for each covered person:

  1. apply a prorated daily cost-sharing rate to prescriptions that are dispensed by a network pharmacy for less than a 30 days' supply if the prescriber or pharmacist indicates the fill or refill is in the best interest of the covered person or is for the purpose of synchronizing the covered person’s chronic medications;

  2. provide coverage for a drug prescribed for the treatment of a chronic illness dispensed in accordance with a plan among the covered person, the prescriber and the pharmacist to synchronize the refilling of multiple prescriptions for the covered person; and

  3. determine dispensing fees based exclusively on the total number of prescriptions dispensed and not on a prorated basis.

The law is intended to eliminate barriers to medication synchronization and reduce the waste of medications that results when prescriptions are changed midway during a 30 day supply.

By eliminating these barriers, the law will provide patients with the ability to synchronize their prescriptions in consultation with their pharmacists without having to pay a full month’s cost-sharing when less than a month’s supply of medications is dispensed during the synchronization process until all medications are on the same 30 (or more) day refill schedule.  This ability to synchronize medications will especially benefit patients when they are initially prescribed a new medication that has significant side effects, is frequently poorly tolerated, may pose drug-drug interactions with their current regimen, or when less than a month’s supply of the prescription drug is clinically appropriate.

The law also is intended to protect pharmacists, when providing a partial fill, from being compensated on a prorated basis for any dispensing fee.  A dispensing fee is a fee received by the pharmacy and associated with the costs of operating the pharmacy, including packaging and other overhead costs, and does not relate to the amount of medication dispensed.

This law does not apply to prescriptions for opioid analgesics.

To view the new law, click here: Chapter 206, P.L. 2015 Adobe PDF (151K)

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Chapter 180, P.L. 2015

Date Approved: January 11, 2016

Effective Date: January 11, 2016

Description:

This law requires the Division of Pensions and Benefits to provide for the notification of any member or retiree of a State-administered retirement system if there is on file for that member or retiree a judgment, court order, decree, or other legal document, such as a court-approved domestic relations order, that specifies the beneficiary of group life insurance.  The notification would occur if the member or retiree submits a change to the designation of beneficiary for contributory and non-contributory group life insurance.

To view the new law, click here: Chapter 180, P.L. 2015 Adobe PDF (127K)

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Links to the New Jersey Legislature and other legislature information.


 
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