Employers' Pensions and Benefits Administration Manual (EPBAM)
   

 

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Withdrawal from the Retirement System


 

Introduction

Any member of a State-administered retirement system who terminates covered employment prior to retirement may withdraw the pension contributions on account if certain criteria established by statute are met.  

See Fact Sheet #24, Withdrawal from the Retirement System,  for additional information.

Upon receipt of a properly completed Application for Withdrawal, the Division of Pensions and Benefits will refund the contributions of eligible members. 

Withdrawing members receive interest on their withdrawn contributions at a rate between two and three percent, but no interest is payable unless the member has at least three years of membership credited to the account at the time of termination.

No interest is credited to accounts for those members of the Police and Firemen's Retirement System (PFRS) and the State Police Retirement System (SPRS).

There are no provisions for partial withdrawal.

The Division of Pensions and Benefits offers an Automated Information System at (609) 777-1777 for general withdrawal information, or information pertaining to an individual withdrawal claim.

Inactive Membership

Any member who resigns may leave the accumulated contributions with the pension system and continue on an inactive status for a period of up to two years. Interest is credited to the account if the member had at least three years of service credit during this period of membership.

Prior to the completion of the two-year period, the Division of Pensions and Benefits will send both the member and the employer an Expiration Notice. A copy is sent to the former employer in the hopes that they have a  current address for the member. The employer is asked to forward the notice since failure to notify the employee may jeopardize the member's eligibility for retirement benefits, if any.

If an account has expired and the member has not filed an Application for Withdrawal, the contributions and interest are transferred to the Unclaimed Accounts Fund.  In this event, the member should contact Client Services at the Division of Pensions and Benefits, (609) 292-7524, for instructions concerning filing a claim for withdrawal.

Extension of Inactive Membership Period and Leave of Absence

If a member is granted an official leave of absence beyond the two-year limit, the account will not expire provided the written notification of the enabling action for the leave has been filed with the Division. 

If a member's employment is terminated through no fault of the member (e.g., abolishment of the position, layoff, reduction in force), the inactive period will be extended for an additional eight years for members of the PERS and TPAF (total of 10), and an additional three years for members of the PFRS (total of five).

Please note that extensions are not automatic.

Documentation from the employer showing that the leave of absence was extended or that the termination was not voluntary must be submitted to the Division of Pensions and Benefits. The extension of inactive status up to ten years only gives the member the right to start contributing to the retirement system, should they once again obtain PERS/TPAF employment; it gives the member no other rights or benefits.

In the event an account does not become active within ten years, the member will be notified in writing concerning the date that his or her account will expire.

Workers' Compensation and Withdrawal

Under the provisions of the statutes as interpreted by court decisions, pension contributions are made if the employee is awarded Workers' Compensation benefits. An employer is required to make pension contributions on behalf of an employee receiving periodic payments based on temporary or permanent Workers' Compensation awards.  (See Fact Sheet #45, Workers' Compensation) The voluntary resignation or retirement of an employee receiving any kind of Workers' Compensation frees the employer from pension contributions on behalf of the member.

Employer Responsibilities: General Notes

The employer should contact the Division of Pensions and Benefits if any inactive employee returns to covered employment within the two-year period or before the account is expired. The account will be reactivated at the same rate of contribution and service credit. The period during which the member was inactive constitutes a break in service.

In the event that an employee is dismissed from service, a withdrawal claim cannot be paid if the member is appealing the dismissal. The State Merit System Board is contacted when a member covered by the merit system is dismissed. If an appeal has been filed, the withdrawal is not paid until the appeal has been settled and the status of the employee is clarified.

An employer is required to make pension contributions on behalf of an employee receiving any kind of Workers' Compensation. The voluntary resignation or retirement of an employee receiving any kind of Workers' Compensation frees the employer from pension contributions on behalf of the member.

An employer is also responsible for making pension contributions on behalf of the employee who is on a Military Leave of Absence when the employee returns to service, under the prescribed time frames of USERRA.


 
 

Sample Application for Withdrawal

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Instructions for Completing the Application for Withdrawal
Part One: The Withdrawal Application 

ITEMS 1-12
Items 1-12 of the Application for Withdrawal are to be completed by the member and signed before a notary public. The application must then be forwarded to the Certifying Officer or Department Head of your last employing agency for the completion of Part Two. The application should then be returned to the Division of Pensions and Benefits.

ITEMS 1 and 2:  Name and Address

The member must complete the name and address fields so the Division can forward any withdrawal benefits correctly; sometimes members who withdraw their contributions have changed their names (marriage, divorce, etc.) and may have moved to a new home.  The Division will mail all correspondence, including withdrawal checks, to the address listed on the application, regardless of the address that may be on file.

Withdrawal checks must be mailed. They cannot be picked up at the Division of Pensions and Benefits.  If the member moves between the time the application is filed and the check is mailed, he/she may change his/her address by contacting the Division's Office of Client Services at (609) 292-7524 and following up that telephone call with written confirmation of the new address.

ITEM 3:  Phone Number

Providing a daytime phone number enables the Division to quickly contact the member if additional information is required.

ITEM 4:  Date of Birth

Members must provide their date of birth in order for the Division to process the Application for Withdrawal.

ITEM 5:  Retirement System

The member must indicate the retirement system from which membership is being withdrawn. If the member is not sure, the employer can provide this information.

PERS: Public Employees' Retirement System

TPAF: Teachers' Pension and Annuity Fund

PFRS: Police and Firemen's Retirement System

SPRS: State Police Retirement System


ITEMS 6-8:  Member Number, Social Security Number, and Employer

Member should indicate membership number for Item 6. The member's personnel, payroll office, or annual Personal Benefits Statement can provide this information. Item 7 is the member's Social Security number, and for Item 8 the member should indicate his/her former employer. These items ensure accuracy in processing the claim for withdrawal.

ITEM 9:  Reason for Termination

The date and reason for termination of employment must be indicated here. If the member was dismissed and is in the process of appealing the decision, the withdrawal cannot be processed until a decision has been made or the appeal terminated.

ITEM 10: Workers' Compensation

If a member is receiving Workers’ Compensation benefits, the Division is required to send the member an additional retirement benefit waiver form, which the member must complete and return before the Division can process the member's withdrawal.

ITEM 11: Waiver of Retirement Benefits

If the member has established at least 10 years of creditable service and has not attained normal retirement age, the member can apply for a Deferred Retirement. For more information about Deferred Retirement, see the Retirement section of this manual.

Normal retirement age for the Public Employees' Retirement System (PERS) and the Teachers' Pension and Annuity Fund (TPAF) is 60.

Normal retirement age for the Police and Firemen's Retirement System (PFRS) or the State Police Retirement System (SPRS) is 55.

Members are not eligible for Deferred Retirement if they withdraw their contributions.

If the member chooses to withdraw even when eligible for a retirement allowance, the waiver must be completed on the Application for Withdrawal.  If the waiver is not completed and the member is eligible for retirement, then a separate waiver form will be sent to the member.  The claim for withdrawal will not be paid until a signed waiver is obtained by the Division.

Member Signature

The member's signature indicates he/she waives the retirement benefit for which he/she is eligible.

ITEM 12: Taxation of Withdrawn Contributions

The member should read the instructions on the application and the information in Questions #9 , #10, and #11 of the "Withdrawal Provisions" carefully before completing this portion of the application. The decision made in item #11 of the application, concerning the withholding of taxes, is irrevocable once the application has been processed.

The essential elements of the tax consequences of withdrawal are reproduced here.

A withdrawal distribution is most likely fully taxable since regular pension contributions have been tax-deferred since January 1, 1987. However, if a member purchased any service credit, a portion of the withdrawal distribution would be nontaxable. This is because contributions made toward the purchase of optional service credit are not tax-deferred.

In accordance with federal law, if the taxable portion of your withdrawal is $200 or more, income tax must be withheld from your payment. This does not apply, however, if the taxable amount of the payment is rolled over into an individual retirement account (IRA) or a qualified retirement plan offered by another employer.

The term IRA refers to traditional individual retirement accounts and individual retirement annuities; it does not include a Roth IRA, simple IRA, or education IRA: payments cannot be rolled over to these types of IRAs.

Since the taxable portion of a withdrawal is eligible for rollover, it can be taken in two ways. A member may have all or any part of the taxable distribution either (1) paid in a direct rollover ($500 minimum) or (2) paid to the member. A rollover is a distribution of  the taxable benefits to an individual retirement arrangement (IRA) or to another eligible employer plan. This choice will affect the federal income tax that will be owed on the withdrawal distribution.

To ascertain the taxable amount of a member's account, please call the Automated Information System (using a touch-tone telephone) at (609) 777-1777. Additional information is available from a professional tax advisor and IRS Publication 575, Pension and Annuity Income, and IRS Publication 590, Individual Retirement Arrangements.  These publications are available from your local IRS office or by calling 1-800-TAX-FORMS.

If the member chooses to receive the taxable portion of the distribution directly:

There is a mandatory withholding of 20% on the taxable portion of the distribution made directly to a member.  The money withheld will be forwarded to the IRS as income tax withholding and is credited toward the member's annual federal tax liability.

If the member chooses to rollover the taxable amount to an IRA or qualified employer plan:

In this case, the taxable distribution will not be taxed in the current year and no income tax will be withheld.  The taxable distribution will be made payable directly to the IRA or employer plan and mailed directly to the member. If the member chooses to have  payment made directly to an IRA, the IRA sponsor (usually a financial institution) should be contacted immediately  to find out how payment should be made in a direct rollover at that institution.

If an individual is unsure how to invest the withdrawal money, an IRA can be temporarily established to receive payment. In choosing an IRA, the member may wish to consider whether the IRA chosen will allow movement of all or a part of the payment to another IRA at a later date without penalties or limitation. See IRS Publication 590, Individual Retirement Arrangements for more information.

The taxable distribution will be taxed when it is taken out of the IRA or employer plan.

If the member has an outstanding loan balance at the time of withdrawal:

Any outstanding loan is part of a member's pension distribution and may be part of the eligible rollover amount. As such, 20 percent withholding will be deducted from the loan portion of the eligible amount if the member chooses a direct payment. If, rather, the member chooses to do a direct rollover, there is the option of paying off the loan prior to the settlement of the account. If the member does not pay off the loan, the Division will process a partial transfer with available funds in the account after 20 percent withholding has been applied to the outstanding loan. The member will then be taxed on the eligible amount not directly transferred unless the balance is rolled over to a traditional IRA or new employer plan within 60 days of the distribution by the Division of Pensions and Benefits.

Member Signature

The application must be signed by the member. Unsigned applications will not be processed. The Division cannot accept photocopies or facsimiles of completed applications.

The application must be signed only after the member has terminated employment.  Pre-signed or postdated applications will be rejected and the member will have to complete a new withdrawal application.

Part 2: Employer Certification

Part Two of this application is to be filled out by the former employer after the member has terminated employment.  Forms completed in advance of termination of employment will not be accepted.  Part Two must be completed in its entirety or the claim cannot be processed.

If the employee is a participant in Supplemental Annuity Collective Trust (SACT) or New Jersey State Employees Deferred Compensation Plan (Deferred Comp), and is choosing to withdraw all accumulated salary deductions in the retirement system, a separate application to withdraw from these funds must also be filed with the Division of Pensions and Benefits.

Member Information

The employer first completes the basic member information requested: name, membership number, Social Security number.

Cause and Date of Termination

The certification begins with a statement of the cause (resignation, dismissal with no appeal, dismissal with appeal), date of termination and date of last deduction.  Even if the employee terminated employment years ago, these items still must be completed for the withdrawal application to be processed. 

Workers' Compensation Claim

The question concerning periodic benefits under a claim filed for Workers' Compensation must be answered because it may have pension consequences that affect withdrawal.  Lump sum awards under Workers' Compensation need not be listed because they have no effect on an Application for Withdrawal.

The Certification of Salary Deductions

This section need only be completed if there are recent salary deductions that have not been posted to the member's account. State biweekly employing agencies who use Centralized Payroll need to attach a screen print from Centralized Payroll History or complete a Supplemental Biweekly Certification of Employing Agency

Generally, it takes approximately 45 days from the end of a calendar quarter for all member contributions to be posted to their pension accounts. Therefore, if you are completing a certification for a withdrawal application on behalf of a member who has been off payroll sufficiently long for all deductions to be posted on account, this section need not be completed.

Signature by Certifying Officer

The Certifying Officer must sign and date the certification, listing the name and phone number of the employing agency.

Please be certain to submit this form as quickly as possible.  Any delay in submitting this form will prevent the Division from paying the member's claim for withdrawal in a timely manner.

 

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Last Updated: January 4, 2005