PENSION AND HEALTH BENEFITS
REVIEW COMMISSION 2004
View Pension and Health Benefits Review Commission Meetings from
Meeting
Agendas
View Pension and Health Benefits Review Commission Meeting Agendas from
Voting Results
View Pension and Health Benefits Review Commission Vote Results from
The
Pension and Health Benefits Review Commission
Agenda for December 10, 2004 Meeting
The
Pension and Health Benefits Review Commission will meet on Friday,
December 10, 2004 at 10:00 AM in the first floor boardroom of
the Division of Pensions and Benefits, 50 West State Street, Trenton.
No verbal comments are accepted during the meeting. The Commission
should receive written comments at least ten business days in
advance of the meeting. The agenda is as follows:
S-1866
(Inverso)
Requires SHBP to obtain two physician examinations of patient
to uphold on appeal decision to discontinue patient's skilled
nursing care.
S-246
(Coniglio)/(Sweeney)
Requires health benefits coverage for certain therapies and
applied behavioral analysis for the treatment of certain autism
disorders.
S-146
(Bryant)/(Ciesla)/ A-1785 (Roberts)/(Vandervalk)
Provides State-paid SHBP benefits in retirement to certain
former State employees with 25 or more years State service.
S-107
(Inverso)/(Singer)
Requires coverage for certain nonprescription formulas under
certain health benefits plans, including SHBP.
S-245
(Coniglio)/(Sweeney)
Requires health insurers, State Health Benefits Program and
NJ FamilyCare to provide coverage for hearing aids for covered
persons 18 years of age and younger.
A-3381
(Cohen)
Provides maximum retirement allowance for certain judges required
to retire at age 70 with prior service as administrative law judge.
S-229
(Singer)
Authorizes counties, municipalities and school districts to
grant cost-of-living increases to certain retired veterans.
S-216
(Singer)
Allows certain surviving spouses to receive a PERS retirement
allowance.
S-145
(Bryant)
Grants post-retirement death benefit in alternate benefit
program if retiree had 25 or more years of NJ service credit regardless
of age.
S-135
(Connors)/A-2066 (Connors)
Increases SPRS "special" retirement benefit from
65% to 70% of final compensation.
A-3342
(Johnson)/(Manzo)/(Scalera)
Allows law enforcement officers in PERS to transfer to and
enroll in PFRS; requires all law enforcement officers to be enrolled
in PFRS.
The Pension
and Health Benefits Review Commission
Agenda for October 29, 2004 Meeting
The Pension
and Health Benefits Review Commission will meet on Friday, October
29, 2004 at 10:00 AM in the first floor boardroom of the Division
of Pensions and Benefits, 50 West State Street, Trenton. No
verbal comments are accepted during the meeting. The Commission
should receive written comments at least ten business days in
advance of the meeting. The agenda is as follows:
S-1477 (Bucco)
Provides for recalculation of PERS retirement allowance for
subsequent public employment.
S-1184 (Turner)
Adds option of receipt of employee's contributions plus portion
of employer contributions when vested PERS member leaves PERS-covered
service.
S-1112 (Rice)/A-2374
(Van Drew)/(Chiappone)
Allows emergency medical technicians to transfer to and enroll
in PFRS.
A-3025 (Wolfe)/(Holzapfel)
Eliminates remarriage prohibition for PFRS death benefits; provides
retirement allowance to certain survivors of PFRS members.
S-971 (Connors)/A1389
(Conners)/(Van Drew)
Broadens eligibility for certain veterans' benefits by eliminating
requirement of service during specified dates or in specified
locations.
S-839 (Vitale)/(Asselta)/A-2357
(Conners)
Provides that TPAF and PERS veterans' retirement with 35 years
of service shall be based on highest benefit year rather than
last year of service.
S-746 (Turner)
Requires SHBP coverage for certain new employees.
S-678 (Connors)
Permits certain county and municipal employees to waive benefits
coverage under the State Health Benefits Program when covered
by a spouse's benefits plan.
S-556 (Vitale)/(Buono)
Requires insurers that provide prescription drug benefits and
State Health Benefits Program to cover costs of prescription
female contraceptives.
A-3234 (Johnson)/(Chivukula)
Permits public employers to pay health insurance premiums for
survivors of PFRS members.
The Pension and Health Benefits Review Commission
Agenda for September 11, 2004 Meeting
The Pension
and Health Benefits Review Commission will meet on Friday, September
17, 2004 at 10 AM in the first floor boardroom of the Division
of Pensions and Benefits, 50 West State Street, Trenton. No
verbal comments are accepted during the meeting. The Commission
should receive written comments at least ten business days in
advance of the meeting. The agenda is as follows:
S-1683 (Vitale)
Requires SHBP and health insurers providing dependent coverage
to cover unmarried dependent children until their 26th birthday.
A-3044
(Blee)
Increases amount of State payment for post-retirement health care
benefits for certain retired police officers and firefighters.
A-2853
(Chiappone)
Allows reenrollment in the SHBP by certain retirees.
S-1603
(Turner)/A451 (Impreveduto)
Allows school boards to offer incentive to waive SHBP coverage
to employees eligible for spouse's health care coverage.
S-1575
(Singer)
Provides State-paid SHBP benefits to TPAF retirees who retired
with at least 20 years of service prior to May 1, 1988.
A-2655
(Connors)
Provides certain veteran benefits to veterans of the global war
on terror conflicts and those of certain military engagements
served during certain periods.
S-1560
(Bark)
Extends certain benefits to veterans of the global war on terror.
S-1578
(Allen)/(Girgenti)
Provides that employees no longer must pay full cost of purchase
of PERS, PFRS or TPAF credit for military service.
A-2874
(Van Drew)
Permits public employees to purchase PERS credit for three years
of service with certain private employers.
A-2947
(Van Drew)
Changes salary base for PERS Prosecutors Part benefits from final
compensation to highest compensation.
S-1604
(Sarlo)
Enhances benefits for active members when PFRS funded at 101%,
and for retirees when PFRS funded at 104%.
A-2932
(Merkt)
Establishes Public Employees' Defined Contribution Plan Study
Commission.
The Pension
and Health Benefits Review Commission
Agenda for June 11, 2004 Meeting
The Pension and Health Benefits Review Commission will meet on Friday,
June 11, 2004 at 10 AM in the first floor boardroom of the Division
of Pensions and Benefits, 50 West State Street, Trenton. No verbal
comments are accepted during the meeting. The Commission should
receive written comments at least ten business days in advance of
the meeting. The agenda is as follows:
S-1385 (Ciesla)/(Kyrillos) / A-989 (Chatzidakis)
Extends eligibility for certain veterans' benefits to members of
reserve components of US Armed Forces and NJ organized militia who
serve at least 180 continuous days
A-2498 (Baroni)
/ S-1527 (Inverso)
Requires legislators with simultaneous PERS-covered elected office
or employment to choose one position for receipt of PERS credit
A-2560 (Scalera)/(Hackett)
Permits rehired public employees to purchase PERS credit for three
years of layoff period
A-2597 (Gusciora)/(Coleman)
Provides additional PERS death benefit coverage
A-2548 (Barnes)/(Diegnan)
/ S-1472 (Ciesla)
Adds certain forensic scientists to Prosecutors Part in PERS
A-2536 (Steele)
Creates Weights and Measures Officers Part in PERS with certain
enhanced benefits
A-2694 (Barnes)
Allows certain DOC administrators to become members of PERS Prosecutors
Part
S-1237 (L. Connors)
/ A-936 (C. Connors)
Grants PFRS membership for certain Division of Parks and Forestry
titles; allows current DEP employees in titles to transfer from
PERS to PFRS
S-1315 (Girgenti)/(Bucco)
/ A-2263 (Wisniewski)
Makes volunteer firefighter appointed to paid position eligible
for PFRS membership through age 40
A-1624 (Steele)/(Wisniewski)
/ S-1317 (Girgenti)
Requires laws for police service benefits and fire service benefits
to be the same
A-2538 (Chiappone)
/ S-1570 (Bucco)
Eliminates maximum age requirement for appointment as police officer
or paid firefighter
S-520 (Girgenti)
/A193 (Previte/Scalera)
Concerns workers' compensation for firefighters with cancer.
S-1395 (Rice)
Provides paid post-retirement medical benefits to certain retired
veteran State
Employees
S-1199 (Turner)
Provides retirement allowance option to surviving spouses of deceased
vested PERS and TPAF members.
Pension
and Health Benefits Review Commission
Vote Results
December
10, 2004
S-1866 (Inverso)
Requires SHBP
to obtain two physician examinations of patient to uphold on appeal
decision to discontinue patient's skilled nursing care.
Motion:
To recommend against enactment because of the precedent setting
nature of this bill.
Discussion: This bill is special legislation. Its enactment would have
a broad impact since it would become part of the SHBP laws and apply
to all similar situations on a prospective basis. The SHBP pays
for eligible services which are ordered by a doctor for the treatment
of illness or injury. This bill would mandate SHBP coverage of
skilled nursing care in long term care situations. It also mandates
a second mutually agreed upon physician be retained to make a personal
examination of the patient in the event the first physician concludes
that there is no medical need for the skilled nursing care. Problems
can be anticipated with the "mutual agreement" requirement. SHBP
costs would increase as a result of enactment.
S-246 (Coniglio)/(Sweeney)
Requires health
benefits coverage for certain therapies and applied behavioral analysis
for the treatment of certain autism disorders.
Motion:
To recommend against enactment since few states offer these types
of services in their health benefits coverage and increased State
and local employer SHBP costs would result.
Discussion: Federal legislation already exists that provides services through
the public school system. On the State level, the State of Developmental
Disabilities coordinates and provides services for people with autism
and other debilitating conditions. If enacted this bill would increase
annual State and participating local employer SHBP costs by an estimated
$30 million.
S-146 (Bryant)/(Ciesla)/
A-1785 (Roberts)/(Vandervalk)
Provides State-paid
SHBP benefits in retirement to certain former State employees with
25 or more years State service.
Motion: To recommend against enactment since the bill is special legislation
and increased State costs would result.
Discussion:
The enactment of this bill will provide the impetus for the introduction
of future legislation further expanding the State's liability to
provide post retirement medical benefits. These benefits are expensive;
the average State costs is approximately $11,900 per retiree. For
FY'2005 the State's projected cost for post retirement medical is
anticipated to be $911.1 million. The bill also has a provision
for retroactivity to retirements occurring on or after December
31, 2000, which indicates it may be special legislation.
S-107 (Inverso)/(Singer)
Requires coverage
for certain nonprescription formulas under certain health benefits
plans, including SHBP.
Motion: To recommend against enactment because it would significantly
increase the SHBP costs.
Discussion:
If enacted this bill would increase prescription drug claims by
an estimated 4%, which will increase SHBP costs by an estimated
$27 million. The issue of mandating health benefit coverage continues
to be a questionable practice and typically not applicable to private
sector, self funded group benefit plans where many New Jersey residents
obtain coverage. Coverage mandates for particular conditions in
insured plans has been a noted reason for health plan sponsors electing
to move to self funded plans.
S-245 (Coniglio)/(Sweeney)
Requires health
insurers, State Health Benefits Program and NJ FamilyCare to provide
coverage for hearing aids for covered persons 18 years of age and
younger.
Motion: To recommend against enactment since it may encourage expansion
of coverage to individuals over the age of 18 with potentially significant
costs.
Discussion:
The enactment of this bill may encourage the introduction of future
legislation to expand coverage to the SHBP population over the age
of 18, with potentially significant cost to the State and participating
local employers.
A-3381 (Cohen)
Provides maximum
retirement allowance for certain judges required to retire at age
70 with prior service as administrative law judge.
Motion: To recommend against enactment because of the additional State
employer pension costs.
Discussion:
The narrowly drawn provision of this bill indicates it is special
legislation, which will impact only one individual, providing the
member with a significantly higher annual pension. It will also
encourage the introduction of future legislation providing similar
exceptions to other judges who are required to retire at age 70
without the requisite 10 years of judicial service.
S-229 (Singer)
Authorizes counties,
municipalities and school districts to grant cost-of-living increases
to certain retired veterans.
Motion: To recommend enactment since it would provide COLA increases
on the same basis as the State.
Discussion:
This bill would apply to relatively few individuals. The additional
costs will be borne by local employers electing to provide the cost-of-living
adjustment.
S-216 (Singer)
Allows certain
surviving spouses to receive a PERS retirement allowance.
Motion:To
recommend against enactment since bill is special legislation.
Discussion:
The bill's narrowly drawn provisions to qualify for the survivor's
pension indicates it was crafted to benefit one individual. The
Commission generally opposes such legislation because they tend
to lay the foundation for future introduction of much broader, more
costly pension liberalization bills. This bill will provide a pension
benefit to a member's beneficiary prior to the member becoming qualified
for a pension. It also indicates that only the non-contributory
life insurance benefit along with accumulated deductions must be
returned in order to get the benefit provided by this bill, ignoring
the return of any contributory life insurance benefit paid.
S-145 (Bryant)
Grants post-retirement
death benefit in alternate benefit program if retiree had 25 or
more years of NJ service credit regardless of age.
Motion: To recommend enactment because bill would make the entitlement
to the post retirement death benefit for ABP members more comparable
to the other State retirement systems.
Discussion:
The enactment of this bill would allow the payment of death benefits
under the same service criteria currently required in the Public
Employees' Retirement System (PERS) and the Teachers' Pension and
Annuity Fund (TPAF). Although, ABP is a defined contribution plan
and is a fundamentally different type of retirement arrangement
compared to the other State-administered defined benefit plans,
the ABP laws are structured to make benefit entitlements under the
program comparable to the other State plans.
S-135 (Connors)/A-2066
(Connors)
Increases SPRS
"special" retirement benefit from 65% to 70% of final
compensation.
Motion:
To recommend against enactment since a benefit increase cannot be
justified.
Discussion: Poor investment returns over the past several years has significantly
eroded the market value of assets in the State pension system.Increasing
pension liabilities, in the aggregate the State plans are no longer
100 percent funded. The SPRS funding level has decreased from a
high of 115.8% in 2000 to 102.7% for 2003. Market value of assets
in the SPRS during this period decreased from $2.0 billion to $1.5
billion. The additional pension liabilities associated with this
bill is estimated to be over $101.9 million. Its enactment will
further erode the plan's funded status and increase the required
State pension contributions. It may also encourage the enactment
of similar legislation for the Police and Firemen's Retirement System.
A-3342 (Johnson)/(Manzo)/(Scalera)
Allows law enforcement
officers in PERS to transfer to and enroll in PFRS; requires all
law enforcement officers to be enrolled in PFRS.
Motion:
To recommend against enactment because of State mandate State
pay issues.
Discussion:
This bill could be considered discriminatory since it would provide
an exemption to the age thirty-five enrollment limit that currently
exists in order to qualify for membership in the PFRS to a limited
group of public employees classified as Law Enforcement Officers
(LEO's). LEO's are currently members of PERS that are eligible
for a special tier of enhanced benefits which are greater than a
normal PERS pension, but less than that available through the PFRS.
Legislation is constantly introduced to provide exceptions to the
PFRS laws that require members to be age thirty-five or under in
order to qualify for PFRS membership. The enactment of this bill
will encourage the introduction and enactment of more such legislation.
It will also increase both State and local employer pension contributions
if enacted.
Pension
and Health Benefits Review Commission
Vote Results
October 29, 2004
S-1477
(Bucco)
Provides for recalculation of PERS retirement allowance for
subsequent public employment.
Motion: To recommend against enactment because it would create inconsistency
in the return to employment provisions in comparison to the other
State retirement systems and would undermine the funding of the
pension system.
Discussion: Since PERS is the only pension system impacted by this bill,
its enactment would create a disparity among the other State pension
systems. This bill would introduce adverse selection into the PERS
and undermine the funding of the plan. Current pension statutes
contain a provision that places a cap on the total pension received
after a return to employment. This provision prevents a member
from returning to employment at a significantly higher salary and
receiving an inflated, under-funded pension upon subsequent retirement.
This bill would remove that provision.
S-1184
(Turner)
Adds option of receipt of employee's contributions plus portion
of employer contributions when vested PERS member leaves PERS-covered
service.
Motion:
To recommend against enactment based on additional cost to the
State and local employers, amends only PERS creating a disparity
in benefits when compared to the TPAF and would provide a defined
contribution feature to a defined benefit plan.
Discussion: If enacted this bill would provide a significant benefit enhancement
that would be available to only PERS members upon vesting, which
would encourage future legislation to enhance the benefits of the
other State retirement systems. The bill also provides a retroactive
application to the beneficiary or estate of a PERS member who died
prior to the effective date of the bill, which indicates it may
be special legislation. There are "State mandate, State pay" issues
which may need to be addressed. Additional annual contributions
would increase by $4.2 million to the State and an additional $9.9
million to local employers. The unfunded liability for the State
would increase to $30 million and $68.7 million to local employers.
S-1112
(Rice)/A-2374 (Van Drew)/(Chiappone)
Allows emergency medical technicians to transfer to and enroll
in PFRS.
Motion: To recommend against enactment because it sets a precedent for
another category of public employees to obtain membership into the
PFRS, which was established for"police" and "firemen."
Discussion:
This bill would expand the category of public employees who would
be eligible for enrollment into the PFRS. Current pension law
limits membership in the PFRS to policemen and firemen. The PFRS
Board of Trustees through the recommendation by the Director of
the Division of Pensions and Benefits approves membership positions
that meet the PFRS eligibility criteria. The enactment of this
bill would encourage the
introduction
of future legislation allowing further exceptions to the PFRS
membership eligibility criteria. This bill would create an unfunded
pension liability for which the member would be responsible.
The member would be required to pay the difference between the
assets transferred from the PERS to the PFRS. The cost may be
so significant that the transfer may be prohibitive. There would
also be increased costs to the State and local employers.
A-3025
(Wolfe)/(Holzapfel)
Eliminates remarriage prohibition for PFRS death benefits;
provides retirement allowance to certain survivors of PFRS members.
Motion: To recommend modification to change the funding approach similar
to that of PERS and TPAF and permit employees to reduce their benefit
to fund a benefit for the surviving spouse.
Discussion:
The bill changes the original fundamental purpose for providing
a survivor's death benefit in that it is supposed to provide financial
relief to a spouse who may be financially dependent upon the member.
This financial dependence principle justifies the termination
of the benefit upon remarriage. The enactment of this bill changes
the nature of the surviving spouse benefit to more of an entitlement
rather than a benefit related to the member's service. Chapter
181, P.L. 2003 eliminated the remarriage prohibition for PFRS
and SPRS accidental death benefits. It was prospective in nature
and did not restore the accidental death benefit to widows/widowers
of PFRS and SPRS members who remarried prior to its enactment.
This bill would not only be prospective, but it would also restore
the death benefits of all PFRS widows/widowers whose benefits
were terminated because of remarriage prior to the bill's effective
date. The State and local PFRS pension liabilities are estimated
to increase by $30 million if this bill is enacted.
S-971
(Connors)/A1389 (Conners)/(Van Drew)
Broadens eligibility for certain veterans' benefits by eliminating
requirement of service during specified dates or in specified
locations.
Motion: To recommend against enactment because the bill is too broad
and costly.
Discussion:
According to a Department of Personnel study, approximately 7.8%
of New Jersey's population are classified as veterans in public
employment, and consequently, members of a State-administered
retirement system. The Division of Taxation estimates that there
are approximately 156,000 additional individuals that would be
eligible to receive veterans' preference in New Jersey as a result
of the enactment of this bill. Expanding the eligibility of pension
system members who would qualify for a special veteran retirement
will increase pension costs for the State, and for local employers
participating in the PERS. The State would be required to pay
the increased cost for both the State and local employers. The
additional annual pension costs are estimated to be $13.7 million.
S-839
(Vitale)/(Asselta)/A-2357 (Conners)
Provides that TPAF and PERS veterans' retirement with 35 years
of service shall be based on highest benefit year rather than
last year of service.
Motion: To recommend enactment because it extends a concept already available
to PERS and TPAF members.
Discussion:
Chapter 332, P.L. 1995 made this same change to the 54.5% of final
compensation veterans benefit calculation when a PERS and TPAF member
becomes eligible upon attaining 20 years of service and age 60,
or upon attaining 25 years of service and age 55. This bill provides
consistency in veteran benefits.
S-746
(Turner)
Requires SHBP coverage for certain new employees.
Motion: To recommend against enactment since the federal COBRA legislation
addresses this issue.
Discussion:
This bill will would promote adverse selection against the SHBP
by permitting new employees with pre-existing medical conditions
the opportunity to enroll immediately. New employees with high
medical risk will accept employment for medical reasons only, which
would adversely affect SHBP claims experience. The SHBP costs to
the State and State employees who premium share will increase.
The continuation of coverage is offered under the provisions of
COBRA to individuals and their dependents that lose health care
coverage.
S-678
(Connors)
Permits certain county and municipal employees to waive benefits
coverage under the State Health Benefits Program when covered
by a spouse's benefits plan.
Motion: To recommend against enactment since the waiver of coverage
program does not provide any cost savings to the State.
Discussion:
The Commission opposed Chapter 259 P.L. 1995 since it was a
piecemeal attempt to offer cash incentives to waive SHBP and non-SHBP
coverage to its employees if the employee had coverage as a dependent
of a spouse. Similar legislation has since been passed to extend
the waiver programs and the results have been inconsistently applied
to employers, municipalities and county colleges. Overall, health
benefit waiver programs do little to generate savings to local employers
in the SHBP and may create negative utilization with the effect
of increasing SHBP premiums.
S-556
(Vitale)/(Buono)
Requires insurers that provide outpatient prescription drug
benefits and State Health Benefits Program to cover costs of prescription
female contraceptives.
Motion: To recommend enactment since most of the SHBP already covers
prescription female contraceptives.
Discussion:
The bill will have minimal impact on the SHBP prescription drug
plan since it is designed to cover the cost of oral contraceptives,
contraceptive injections and emergency contraceptives. The greater
cost impact will be on the Traditional Plan, with an estimated increase
in medical plan costs of $4 million per year. Sub dermal implants,
intrauterine systems, and injection must be administered by a physician.
This will result in increased physician office visits. The office
visits and contraceptives are covered under the NJ PLUS in-network
only and managed care plans. These services are not covered under
the Traditional plan or NJ PLUS out-of-network. Most of the additional
cost would be incurred by local employers participating in the SHBP
since the large majority of State employees are enrolled in one
of the managed care plans or NJ PLUS.
A-3234
(Johnson)/(Chivukula)
Permits public employers to pay health insurance premiums
for survivors of PFRS members.
Motion: To recommend against enactment since it would create a disparity
in benefits when compared to other State-administered retirement
systems and would increase annual employer costs.
Discussion:
This bill impacts only the PFRS creating a disparity among the various
retirement systems that would not have this benefit available to
them. The laws governing the SHBP allow participating employers
to elect to provide the surviving spouse and dependents of a retiree
with health benefit coverage, but only if the retiree qualified
for such coverage by retiring with 25 or more years of service credit.
This bill would set a precedent by allowing employers other than
the State to pay for survivor health care coverage when the member
had terminated service with less than 25 years of pension service
credit. Local employer health benefit premiums would increase with
the enactment of this bill. There is a concern that this increase
in costs would be passed to the State with future legislation mandating
the State to bear these increased costs.
Pension and Health Benefits Review Commission
Vote Results
September 17, 2004
S-1683
(Vitale)
Requires SHBP and health insurers providing dependent coverage
to cover unmarried dependent children until their 26th birthday.
Motion: To recommend against enactment as the SHBP benefits are already
quite generous in comparison to other state health plans.
Discussion: The SHBP already provides coverage to unmarried dependents until
the end of the calendar year in which the dependent attains age
23. Cobra coverage can be purchased for overage dependent children
for an additional 3 years, or until the end of the calendar year
in which the dependent attains the age of 26. The enactment of this
bill will increase annual SHBP costs for the State and local public
employers by over $23 million.
A-3044
(Blee)
Increases amount of State payment for post-retirement health care
benefits for certain retired police officers and firefighters.
Motion: Recommend against enactment as it would add considerable cost to
the State. This bill is not a solution to the much larger health
care problem.
Discussion: This bill if enacted would increase the amount of State payment
for post-retirement health care benefits for certain retired police
officers and firefighters by $4 million annually. Currently, the
State will pay 80% of the cost of the least expensive plan offered
by the SHBP for the level of coverage selected established by P.L.
1997, c.330. The retiree pays the remaining cost of the plan. Under
this bill, the State will pay 80% of the premium or periodic charges
for the medical plan chosen by the qualified retiree, without regard
to whether it is the least expensive in the SHBP program. Expanding
the benefits established by Chapter 330 may serve as a disincentive
to those local employers that do not pay for retiree health care
coverage from ever paying for this benefit.
A-2853
(Chiappone)
Allows reenrollment in the SHBP by certain retirees.
Motion: To recommend against enactment because the reenrollment issue can
be accomplished more
efficiently by the adoption of an administrative rule initiated
by the Division of Pensions and Benefits,
rather than through legislation.
Discussion: The Division of Pensions and Benefits recently drafted a proposed
rule for consideration that would allow a retiree to reenroll in
the SHBP, as provided in this bill. Reenrollment, however, would
be contingent upon proof of continuation of coverage. The drafted
rule is predicated on the premise that as the cost of retired SHBP
coverage continues to increase; the SHBP coverage to retired employees
will have little value as long as they have alternative active coverage.
The ability to reenroll may encourage
termination of SHBP coverage if private health insurance coverage
can be obtained, generating savings to retirees who pay for SHBP
coverage into retirement, and to the State and local participating
employers who pay for post-retirement medical coverage through the
SHBP.
S-1603
(Turner)/A451 (Impreveduto)
Allows school boards to offer incentive to waive SHBP coverage
to employees eligible for spouse's health care coverage.
Motion: To recommend against enactment because the bill would not provide
any savings to the State.
Discussion: The enactment of this bill would simply extend the local employee
health care waiver program already allowed for certain other public
entities to school boards. The current waiver of coverage laws
are inconsistently applied to employers other than municipalities
and county colleges. This bill will continue to apply the waiver
inconsistently, since it only applies to school boards who participate
in the SHBP and not to school boards who provide employee health
benefit coverage outside the SHBP. Since it only impacts local
school boards, there would be no direct savings to the State and
aggregate savings to school boards is questionable.
S-1575
(Singer)
Provides State-paid SHBP benefits to TPAF retirees who retired
with at least 20 years of service prior to May 1, 1988.
Motion: To recommend against enactment because the bill would increase
cost to the State.
Discussion: The increase costs to the State if this bill were enacted are
estimated to be almost $20 million. The State currently is obligated
to provide post-retirement medical benefits to retired State employees,
and to employees of school boards and county colleges, who retire
with 25 or more years of pension service credit. The State also
provides post-retirement medical benefit subsidies to local members
of the PFRS under Chapter 330, P.L. 1997 who retire with 25 or
more years of service credit. This bill only applies to TPAF retirees,
if enacted it would pave the way for bills to be introduced that
would provide other public retirees with less than 25 years of
pension service credit, State paid post-retirement medical benefits.
A-2655
(Connors)
Provides certain veteran benefits to veterans of the global war
on terror conflicts and those of certain military engagements
served during certain periods.
Motion: To recommend against enactment because the bill is too broad.
Service within the theatre of
operation would not be required for veteran preference status.
Discussion: In general, governmental and private sector retirement plans provide
for military service credit but do not provide enhanced benefits
for veterans. In New Jersey, veteran status provides civil service
hiring preferences, the purchase of service credit in PERS, TPAF
and PFRS, receipt of a property tax deduction or exemption and
enhanced retirement benefits for TPAF and PERS. This bill if enacted
will provide for a greater number of individuals to be classified
as a veteran and receive the enhanced benefits, which will significantly
increase State and local employer costs. It is estimated that
approximately 156,000 additional individuals would receive veterans'
preference in New Jersey. State and local pension costs will increase
by $13.7 million annually.
S-1560
(Bark)
Extends certain benefits to veterans of the global war on terror.
Motion: To recommend against enactment because the bill is too broad.
Minimal eligibility requirements specified in other veteran statutes
are not met.
Discussion: The provisions of this bill are too broad and will likely result
in confusion as to who would be eligible for veterans preference.
There are no final dates identified to the specified conflict,
therefore individuals may qualify indefinitely into the future.
It does not require that the individual serve for any specified
period of time to qualify, which under the existing veteran statues
require that at least 14 days be served in the theatre of operation.
Increased pension cost to State and local employers will result.
S-1578
(Allen)/(Girgenti) A-402 (Van Drew)/(Conners)
Provides that employees no longer must pay full cost of purchase
of PERS, PFRS or TPAF credit for military service.
Motion: To recommend against enactment because of the additional cost
to the State.
Discussion: It is unclear as to whether this bill would provide a retrospective
application. Generally, bills are interpreted to be prospective
and as such, this bill would impact a number of members who have
contracted to purchase their military time over a series of scheduled
payments. These members would have the ability to cancel their
remaining arrears balance and receive pro rata credit for the
service purchased to date. Should this legislation pass, many
members would cancel the balance of their purchase payments and
seek to re-contract for the remainder of the purchase under the
amended statute. The purchase cost calculation does not include
the costs associated with providing post-retirement health benefits
to members, which significantly increases costs to employers.
If enacted, State and local pension costs will increase to $3.5
million by FY 09.
A-2874
(Van Drew)
Permits public employees to purchase PERS credit for three years
of service with certain private employers.
Motion: To recommend against enactment because of the cost involved to
the State, the difficulty of administration and the disparity
that would be created when compared to the other New Jersey State
retirement systems.
Discussion: The types of service available for purchase have been consistent
in all the major State-administered retirement systems. Chapter
338, P.L. 1999 and Chapter 228, P.L. 2001 were enacted allowing
the purchase of credit for up to three years of layoff period,
but these laws only apply to PFRS members. This bill only applies
to PERS members and its enactment would create a disparity in
the purchase provisions when compared to the other State-administered
retirement systems. It would also encourage the introduction of
future legislation expanding these types of purchase provisions.
The bill specifies that the full cost of the purchase would be
borne by the member but the additional years of service credited
may make the member eligible for special benefits, i.e., free
health benefits, which would be borne by the employer.
A-2947
(Van Drew)
Changes salary base for PERS Prosecutors Part benefits from final
compensation to highest compensation.
Motion: To recommend against enactment because the Prosecutors Part benefits
are already generous and would provide a greater benefit than
those of the PFRS.
Discussion: The purpose of Chapter 366, P.L. 2001 was to provide prosecutors
with PFRS-type pensions. This bill would provide additional enhancements
to the Prosecutors Part pension, which is not warranted. The bill
will create an unfunded pension liability, which would increase
employer pension costs. The bill will allow a prosecutor to collect
a Prosecutors Part pension based on salary earned in regular public
employment without having contributed at the Prosecutors Part
rate of 7.5 percent of salary and the regular PERS contribution
rate is 5 percent. Since the State is liable for the employer
contributions to fund the Prosecutors Part of PERS, this bill
will increase State pensions costs. This bill will only continue
to encourage future legislation to expand the benefits of the
PERS Prosecutors Part.
S-1604
(Sarlo)
Enhances benefits for active members when PFRS is funded at 101
percent and for retirees when PFRS is funded at 104 percent.
Motion: To recommend against enactment because of the additional cost
to the State and there already exist a provision that would increase
the special retirement provision to the 70-75 percent level as
proposed by P.L. 2003, c.108.
Discussion: The enactment of this bill would provide PFRS members with greater
benefits than are currently available to SPRS members. The bill
would serve to have legislation introduced to increase the benefits
for the SPRS members. Chapter 108, P.L. 2003 contains a provision
that would increase the special retirement provision to the 70
-75 percent level, as proposed by this bill, for active members
only, but only after the PFRS funded level exceeds 104 percent.
Poor investment returns, which plagued all institutional and personal
investors in recent years, have significantly eroded the market
value of assets in the PFRS. Compounded by increasing pension
liabilities, the PFRS is no longer funded at 100 percent. The
additional liabilities associated with this bill are estimated
to be over $1.3 billion.
A-2932
(Merkt)
Establishes Public Employees' Defined Contribution Plan Study
Commission.
Motion: To recommend support to establish a Defined Contribution Plan
Study Commission and to broaden the composition of the Commission
to include members who do not participate in any of the State's
public retirement systems.
Discussion: The Pension Health Benefits Review Commission supports this bill
because it establishes the means to study and evaluate more cost
effective approaches to providing and funding pensions for public
employees in the State. Other state pension funds have studied
alternatives to a defined benefit plan when the stock market and
other investments were doing well. A Public Employees' Defined
Contribution Plan Study Commission should be empowered to review
all alternatives to the current defined benefit plan. Bill should
include funding for Commission. An executive order by the Governor
could also establish such a Commission.
Pension and Health Benefits Review Commission
Vote Results
June 11, 2004
S-1385 (Ciesla)/(Kyrillos)
/ A-989 (Chatzidakis)
Extends eligibility for certain veterans' benefits to members of
reserve components of US Armed Forces and NJ organized militia who
serve at least 180 continuous days.
Discussion: This bill is slightly different than A2103, which was reviewed during
the April 30th meeting. The differences are that a member of the
reserves or militia would have been honorably discharged and to
have been called to active duty because of an emergency to qualify
as a Veteran. This bill does not require any exposure to risk or
an honorable discharge.
Motion: To recommend against enactment since bill departs from the
State's long-standing criteria to become eligible for veterans'
preference by not requiring an honorable discharge and not requiring
exposure to some actual military conflict.
A-2498 (Baroni)
/ S-1527 (Inverso)
Requires legislators with simultaneous PERS-covered elected office
or employment to choose one position for receipt of PERS credit.
Discussion: This bill as drafted impacts only the legislature and it may not
present the best solution to accomplish the bill sponsor's objectives.
Alternative solutions should be explored. It would have no impact
on members of the legislature with concurrent service in a State-administered
retirement system other than PERS.
Motion: To recommend
against enactment since this bill only addresses the legislators.
A comprehensive study of all pension systems plan designs would
be supported.
A-2560 (Scalera)/(Hackett)
Permits rehired public employees to purchase PERS credit for three
years of layoff period.
Discussion: The discussion concerned the purchase of "airtime", which
is service purchased in that plan that is not tied to service with
an employer. Although the member would pay the full cost of the
purchase, it does not include the retiree health benefit costs that
the member may be entitled to as a result of the purchase. In addition,
the cost of the purchase would be based on the member's salary for
the last 12 months prior to separation, which is a concern since
this salary may not be the member's highest salary. The cost quoted
will not be sufficient to cover the full cost of the purchase.
Motion: To recommend
against enactment based on the potential cost to the State and it
would set a precedent by allowing the purchase of time unrelated
to public service.
A-2597 (Gusciora)/(Watson
Coleman)
Provides additional PERS death benefit coverage.
Discussion: There is a concern that the cost of the additional death benefits
will increase the employee contribution rate. The bill does not
provide for PERS and TPAF death benefit coverage parity. In one
provision, it enhances the PERS benefit over what is available in
the TPAF. Section 1 of the bill would increase the contributory
PERS active death benefit payable to "two times the compensation
received by the member in the last year of creditable service or
the member's highest annual salary, whichever is greater."
This would be a greater benefit than provided to TPAF members, which
is limited to two times the compensation received in the last year
of creditable salary.
Motion: To recommend
against enactment because it does not adequately address the life
insurance needs of the workforce.
A-2548 (Barnes)/(Diegnan)
/ S-1472 (Ciesla)
Adds certain forensic scientists to Prosecutors Part in PERS.
Discussion: This is another attempt to expand eligibility to another group who
seek the enhanced benefits established by Chapter 366, P.L. 2001.
Its enactment will only encourage more legislation to continue to
expand eligibility. Additional State pension costs will result.
Motion: To recommend
against enactment because the job position does not justify the
enhanced benefits.
A-2536 (Steele)
Creates Weights and Measures Officers Part in PERS with certain
enhanced benefits.
Discussion: This is another attempt to expand eligibility to another group who
seek the enhanced benefits established by Chapter 366, P.L. 2001.
Its enactment will only encourage more legislation to continue to
expand eligibility. Additional State pension costs will result.
Motion: To recommend against enactment because the job position does not
justify the enhanced benefits.
A-2694 ( Barnes)
Allows certain DOC administrators to become members of PERS Prosecutors
Part.
Discussion: This is another attempt to expand eligibility to another group who
seek the enhanced benefits established by Chapter 366, P.L. 2001.
Its enactment will only encourage more legislation to continue to
expand eligibility. Additional State pension costs will result.
Motion: To recommend
against enactment because the job position does not justify the
enhanced benefits.
S-1237 (L. Connors)
/ A-936 (C. Connors)
Grants PFRS membership for certain Division of Parks and Forestry
titles; allows current DEP employees in titles to transfer from
PERS to PFRS.
Discussion: The bill violates the intent of Chapter 204, P.L. 1989, which changed
how positions are determined eligible for PFRS membership. It established
duties and physical requirements for law enforcement officer or
firemen positions to be covered by the system rather than mentioning
position titles specifically. The PFRS Board of Trustees through
the Director of the Division of Pensions and Benefits has determined
that the Division of Parks and Forestry job duties do not meet the
eligibility criteria established by Chapter 204.
Motion: To recommend
against enactment since this would be in conflict with the administrative
procedures established by Chapter 204, P.L. 1989, which determines
the positions that are eligible for PFRS membership.
S-1315 (Girgenti)/(Bucco)
/ A-2263 (Wisniewski)
Makes volunteer firefighter appointed to paid position eligible
for PFRS membership through age 40.
Discussion: Municipal laws restrict the appointment of personnel to a municipal
police or fire department to individuals age 35 and under. No existing
law provides similar age restrictions when police and fire personnel
are appointed on a county or State level. Because of the PFRS age
restriction, officers appointed on a county or State level are required
to join the PERS. A PFRS enrollment disparity would be created if
this bill were enacted since certain municipal firemen hired over
the age of 35 would be allowed to enroll in the PFRS, however, their
counterparts employed on a county or State level would not.
Motion: To recommend against enactment because it does not meet
the intent of the PFRS.
A-1624 (Steele)/(Wisniewski)
/ S-1317 (Girgenti)
Requires laws for police service benefits and fire service benefits
to be the same.
Discussion: Concerns as to the sponsor's objectives are unclear. The PFRS benefits
are the same regardless whether the member is a police or fire personnel.
Some areas of PFRS pension law are applied differently based on
the member's occupation. There are differences in qualifying for
accidental disabilities between police and fire duties. If enacted
this bill may increase the number of disability claims. Further
bill clarification is needed.
Motion: To recommend
against enactment because the benefits of the PFRS are uniform for
all its members.
A-2538 (Chiappone)
/ S-1570 (Bucco)
Eliminates maximum age requirement for appointment as police officer
or paid firefighter.
Discussion: Assemblymen Chiappone stated that age should not be the determining
factor in the hiring of police or fire personnel. As long as the
individual can meet the physical and psychology requirements of
the position, then age should not be the issue. The maximum age
35 requirement should be eliminated, as it is a form of age discrimination.
The Commission did support further study of other states systems
maximum age requirements. There is a concern that an aging public
safety workforce may not be in the best interest of its citizens.
The PFRS is a retirement system designed to encourage retirement
at early ages and the elimination of age 35 memberships may encourage
future legislation to enhance the PFRS benefits to accommodate an
older workforce.
Motion: To recommend
against enactment, as it would have a significant impact on the
PFRS; especially the potential for increasing mandatory retirement
age as a result of the change, further study is recommended.
S-520 (Girgenti)
/A193 (Previte/Scalera)
Concerns workers' compensation for firefighters with cancer.
Discussion: Analysis indicates that local employer pension and health benefits
costs would increase by approximately $2 million. Employers will
be required to continue the pension and health benefits contributions
up until the periodic benefits under workers' compensation award
terminates or the member retires. There will be increases in the
amount of accidental disability and accidental death claims, which
will increase employer pension costs. The municipality will have
the additional burden of trying to refute occupational hazard claims.
Motion: To recommend
against enactment because the bill as currently crafted is 1) too
vague, 2) would increase local employer pension and health benefits
costs and 3) occupational exposure would be difficult to prove.
S-1395 (Rice)
Provides paid post-retirement medical benefits to certain retired
veteran State Employees.
Discussion: There are significant costs associated with this bill. Costs to
the State would increase by $17 million in year one and by year
four the costs would increase to $23 million. The enactment of this
bill would encourage other groups to introduce legislation to provide
paid post-retirement medical at the cost to the State.
Motion: To recommend
against enactment due to 1) the significant costs to the State,
2) it would create disparity in the veterans' benefit provided to
State and local PERS employees, and 3) it would create disparity
in the PERS and TPAF veteran benefits.
S-1199 (Turner)
Provides retirement allowance option to surviving spouses of deceased
vested PERS and TPAF members.
Discussion: Concerns were raised that the bill will create disparity in benefits
paid to active members dying with 10 or more years of service compared
to terminated vested members. Benefits would be payable only to
a surviving spouse, which along with the retroactive provision indicates
that it is special legislation. It would also result in State and
local employer pension costs. State-mandate, State-pay issues may
need to be addressed.
Motion: To recommend
against enactment since it is a piecemeal effort to redesign death
benefit payments as it applies only to terminated vested members
and not to active members dying with more than 10 years of service.
|