Current through Register Vol. 56, No. 18, September 16, 2024
(a) Applications for retirement must be made
over the Internet, using the online forms required by the Fund through a
member's secure account established through the Member Benefits Online System
(MBOS). Such forms must be completed in all respects and filed with the
Division on or before the requested date of retirement. Applications for
retirement can be filed no more than one year in advance, except that a member
whose TPAF-eligible employment has ended may file for deferred retirement at
any time after the employment has ended. A member's retirement application
becomes effective on the first of the month following receipt of the
application unless a future date is requested. Members enrolled at multiple
TPAF locations on or before May 21, 2010, who have not had a pension reporting
period without pay (break in service) after May 21, 2010, pursuant to the
provisions of 18A:66-4, must retire from employment in all covered positions
before a retirement shall become effective.
(b) Except for a disability retirement
application, in the event a member files an incomplete application, all
deficiencies shall be brought to the member's attention and the member shall be
required to provide the additional information within 90 days from the date of
notice of the deficiency to enable processing. If there is no response within
the 90-day time frame, the application will expire and the member will be
required to refile, pursuant to the requirements set forth in (a) above. This
subsection shall not apply to information required to be provided by the
employer.
(c) A member who enrolls
in the Fund after May 21, 2010, is not eligible to apply for a disability
retirement, pursuant to 18A:66-39. Instead, the member may be eligible for
disability insurance coverage.
(d)A
member shall, on the retirement application, select one of nine ways (options)
to receive retirement benefits. Each option provides the member with a lifetime
monthly retirement benefit. Once a retirement benefit becomes due and payable
as defined by 17:3-6.2, the option cannot be changed. Except under the Maximum
Option and Option 1, once a member designates a pension beneficiary, that
beneficiary cannot be changed. The options, as established by 18A:66-47,
include the following:
1. Maximum Option
provides the largest allowance for the member but does not include a pension
benefit paid to a beneficiary upon the member's death. If the total amount of
retirement allowances received by a member or beneficiary under the option
selected is less than the value of the member's contributions and regular
interest on those contributions, the balance of contributions and regular
interest shall be paid in a lump sum to the member's designated beneficiary or
estate.
2. Option 1 provides a
reducing retirement reserve to one or more beneficiaries. At retirement, a
reserve amount is established to pay the member's lifetime retirement
allowance. This reserve is reduced each month by the member's original monthly
retirement allowance. Upon the member's death, the beneficiary or beneficiaries
receive the balance of the reserve, if any.
3. Option 2 provides, upon the member's
death, a lifetime monthly retirement allowance equal to 100 percent of the
member's monthly retirement allowance to a beneficiary.
4. Option 3 provides, upon the member's
death, a lifetime monthly retirement allowance equal to 50 percent of the
member's monthly allowance to a beneficiary.
5. Option 4 provides, upon the member's
death, a lifetime monthly retirement allowance to one or more beneficiaries.
The member determines the retirement allowance which in the aggregate cannot be
more than the Option 2 allowance.
6. Option A provides, upon the member's
death, a lifetime monthly retirement allowance equal to 100 percent of the
member's monthly retirement allowance to a beneficiary. If the member's
beneficiary predeceases the member, the member's retirement allowance shall
increase to the Maximum Option.
7.
Option B provides, upon the member's death, a lifetime monthly retirement
allowance equal to 75 percent of the member's monthly retirement allowance to a
beneficiary. If the member's beneficiary predeceases the member, the member's
retirement allowance shall increase to the Maximum Option.
8. Option C provides, upon the member's
death, a lifetime monthly retirement allowance equal to 50 percent of the
member's monthly retirement allowance to a beneficiary. If the member's
beneficiary predeceases the member, the member's retirement allowance shall
increase to the Maximum Option.
9.
Option D provides, upon the member's death, a lifetime monthly retirement
allowance equal to 25 percent of the member's monthly retirement allowance to a
beneficiary. If the member's beneficiary predeceases the member, the member's
retirement allowance shall increase to the Maximum Option.
(e) Before an application for retirement may
be processed, the Division must receive proof of the member's age, if none is
already in the member's record, proof of the beneficiary's age, if the member
elected Option A, B, C, D, 2, 3 or 4, and a completed Certification of Service
and Final Salary form from the employer setting forth the employment
termination date, and the salaries reported for contributions in the member's
final year of employment.
(f) A
member must request a reasonable accommodation, as defined by the Americans
with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12213, prior to
filing for a disability retirement. Upon completion of the Certification of
Service and Final Salary, the employer's designated certifying officer will
certify that a reasonable accommodation was requested and if such accommodation
could be provided.
(g) In addition
to the requirements at (a) through (f) above, the following shall apply when an
application for disability retirement is filed:
1. An application for a physical disability
retirement must be supported by at least two reports. One must be provided by
the member's personal or treating physician on a form prescribed by the
Division. The other may be either hospital records supporting the claim of
disability or a report from a second physician on a form prescribed by the
Division. The medical condition described on the member's retirement
application must correspond to the medical reports submitted in support of the
member's disability retirement application. The required documentation must be
received within six months of the date the member filed the disability
retirement application on MBOS, thus, receiving confirmation of the filing. If
the required documentation is not received in its entirety, the retirement will
be cancelled, and the member must complete a new disability retirement
application for a future retirement date. Further, in the case of a member
filing for an accidental disability retirement, only those disabilities
associated with the purportedly disabling event shall be considered. If the
member is denied an accidental disability retirement application but qualifies
for an ordinary disability retirement based on the original
accidental-disability application, no additional application need be filed,
pursuant to (i) below.
2. An
application for a mental health medical disability retirement must be supported
by at least two medical reports. One must be provided by the member's personal
or treating psychiatrist or psychologist on a form prescribed by the Division.
The other "medical report" may be in the form of either hospital records
supporting the claim of disability, a report from a second psychiatrist or
psychologist on a form prescribed by the Division, or from the member's
personal or treating physician or licensed clinical social worker. The medical
condition described on the member's retirement application must correspond to
the medical reports submitted in support of the member's disability retirement
application. The Division must receive the required documentation within six
months of the date of filing the disability retirement application. If the
Division does not receive the required documentation, the retirement will be
cancelled and the member must complete a new disability retirement application
for a future retirement date.
3. To
qualify for disability retirement, a member must be unable to perform his or
her regular and assigned duties due to a permanently-disabling medical
condition present at the time of application, as a result of which disabling
condition the member should be retired. Termination of employment, voluntary or
involuntary, that was caused by any reason other than the claimed disability
disqualifies a member from disability retirement. A member whose employment
ended after his or her employer initiated disciplinary action, or who was the
subject of criminal or administrative charges or party to a settlement
resulting in resignation or termination, is considered to have separated from
service as a result of the employer action, charges, or settlement, and not due
to a disability, unless the action, charges, or settlement is shown to be a
result of the disability.
4. Under
certain circumstances, members who have discontinued service may be entitled to
file for disability retirement. Following the filing of a disability retirement
application, a vested member enrolled prior to May 21, 2010, who has not
withdrawn contributions from the retirement system, and has discontinued
service for more than two consecutive years, and who was otherwise eligible for
disability retirement at the time service was discontinued, shall be approved
to receive disability retirement benefits by the Board, if:
i. The applicant demonstrates to the
satisfaction of the Board that the applicant was physically or mentally
incapacitated for the performance of duty at the time service was discontinued,
and continues to be so incapacitated, with the same disability or disabilities,
at the time of filing; and
ii. The
applicant factually demonstrates to the satisfaction of the Board that service
was discontinued because of the disability or disabilities.
5. A disability retirement
application that is filed pursuant to this subsection may take effect, in
accordance with the laws and rules applicable to effective dates for disability
retirements, only on or after the date the application is filed.
i. An application for a disability retirement
will be forwarded to the Board for consideration only when all documentation is
received. The Division will schedule an independent medical examination for the
purpose of providing additional information to the Medical Review Board to make
a determination about a disability retirement application. The independent
medical examination scheduled by the Division will be provided at no cost to
the applicant.
(h) A member filing for an accidental or
ordinary disability retirement shall not file a separate application for
retirement, including one based on any other allegedly-disabling condition,
while the original disability application is pending. A separate application
can be filed only for a date subsequent to withdrawal of the previous
application.
(i) If a disability
retirement application is denied by the Board and the applicant qualifies for
any other retirement benefit, the applicant will be required to submit a
written statement accepting the alternate retirement benefit. If the applicant
submits the written statement within 30 days of the Board's decision, the
applicant may retain the retirement date designated on the disability
retirement application. If a member is denied an accidental disability
retirement, but qualifies for an ordinary disability retirement based on the
accidental disability application, the ordinary disability retirement will be
granted, and no additional application will be required.
(j) Retired members who return to public
employment shall have their previous retirement allowances cancelled and be
reenrolled in the Fund, pursuant to
N.J.S.A.
18A:66-40 for those who retired on disability
retirements, or
N.J.S.A.
18A:66-53.2 for those who retired on early,
service, veteran, or deferred retirements. A member who ceases covered
employment and retires again must file a new retirement application with the
Division in accordance with (a) through (e) above, in order to initiate payment
of the retirement allowance. The previous retirement allowance shall then be
reinstated, and the new retirement allowance, based upon the member's
subsequent covered employment, shall commence. If the member retains the same
membership level and account upon returning to employment, the previous and
subsequent retirement allowances shall be combined and paid in one monthly
benefit check. If the member is enrolled under a different membership level and
account, the checks will not be combined.
