Recent Legislation

Links to the New Jersey Legislature and other legislature information. If you are looking for new laws prior to 2016, please put in an OPRA request by contacting the NJDPB.

Recent Legislation 2018

P.L. 2018, c. 96 (Chapter 96)

Provides that a PERS or PFRS member who continues to be a volunteer firefighter or emergency services worker after retirement with the employer from whom member retires has bona fide severance for compliance with State and federal law.

Date Approved: August 17, 2018

Effective Date: August 17, 2018

P.L. 2018, c. 88 (Chapter 88)

Requires SHBP and SEHBP to establish and contract for Medicare Primary Assignment and Audit Program ensuring that all persons in SHBP and SEHBP eligible for Medicare have Medicare as primary provider.

Date Approved: August 10, 2018

Effective Date: August 10, 2018

P.L. 2018, c. 63 (Chapter 63)

This law provides that the State will pay the full cost of SHBP coverage in retirement for SPRS members who retire at mandatory retirement age of 55 with more than 20 but less than 25 years of service.

Date Approved: July 3, 2018

Effective Date: July 3, 2018

P.L. 2018, c. 55 (Chapter 55)

This law transfers management of the Police and Firemen's Retirement System (PFRS) from the Division of Pensions & Benefits in the Department of the Treasury to the Board of Trustees of the PFRS and vests with the Board all the functions, powers, and duties relating to the investment and reinvestment funds under the control of the Board.

Date Approved: July 3, 2018

Effective Date: July 4, 2018

P.L. 2018, c. 32 (Chapter 32)

The “Out-of-network Consumer Protection, Transparency, Cost Containment and Accountability Act” reforms various aspects of the health care delivery system in New Jersey to increase transparency in pricing for health care services, enhance consumer protections, create an arbitration system to resolve certain health care billing disputes, contain rising costs associated with out-of-network health care services, and measure success with regard to these goals.

Date Approved: June 1, 2018

Effective Date: August 30, 2018

P.L. 2017, c. 344 (Chapter 344)

This law changes PERS membership eligibility for certain elected public officials and provides for PERS enrollment.

This law takes effect immediately.

Date Approved: January 16, 2018

Effective Date: January 16, 2018

Recent Legislation 2017

P.L. 2017, c. 220 (Chapter 220)

Requires health insurance carriers, SHBP, and SEHBP to inform covered persons about organ and tissue donation.

Date Approved: August 7, 2017

Effective Date: October 5, 2017

P.L. 2017, c.176 (Chapter 176)

This law prohibits health insurers and health maintenance organizations, as well as health benefits plans or contracts which are issued or purchased pursuant to the New Jersey Individual Health Coverage Program, New Jersey Small Employer Health Benefits Program, State Health Benefits Program, School Employees’ Health Benefits Program, and the Medicaid Program from discriminating in the provision of coverage on the basis of gender identity or expression. The prohibited discrimination relates to covered persons and prospective covered persons. It also prohibits contracts between certain health care providers who provide health care services to the State’s inmate population, such as University Correctional Health Care, and the New Jersey Department of Corrections, the Juvenile Justice Commission, the State Parole Board, or any other State or local entity from discriminating in the provision of coverage on the basis of gender identity or expression.

This law takes effect on the first day of the fourth month following enactment.

Date Approved: July 21, 2017

Effective Date: November 1, 2017

P.L. 2017, c. 117 (Chapter 117)

This law authorizes health care providers, including, but not limited to, licensed physicians, nurses, nurse practitioners, psychologists, psychiatrists, psychoanalysts, clinical social workers, physician assistants, professional counselors, respiratory therapists, speech pathologists, audiologists, and optometrists, to remotely provide health care services to patients through the use of telemedicine and telehealth.

It specifies that Medicaid, NJ FamilyCare, and certain health insurance providers, including the carriers of health benefits plans, the State Health Benefits Commission, and the School Employees’ Health Benefits Commission, are each to provide coverage and payment for services provided through telemedicine and telehealth on the same basis as, and at a provider reimbursement rate that does not exceed the provider reimbursement rate that is applicable, when the services are delivered in-person in New Jersey.

This law takes effect immediately.

Date Approved: July 21, 2017

Effective Date: July 21, 2017

P.L. 2017, c. 98 (Chapter 98)

This law is cited as the “Lottery Enterprise Contribution Act.”

This law contributes the State Lottery Enterprise to the Teachers' Pension and Annuity Fund (TPAF), the Public Employees' Retirement System (PERS), and the Police and Firemen's Retirement System (PFRS) for a term of 30 years. Under the law, the TPAF, PERS, and PFRS receive a portion of the proceeds of the Lottery Enterprise, based upon their members’ past or present employment in schools and institutions in the State.

The entirety of the Lottery Enterprise will be contributed to newly created Common Pension Fund L, but there will be no material change in the operation and management of the Lottery Enterprise. The law directs that operation of the State lottery remain with the Division of the State Lottery, which will continue in its current form as a division within the Department of the Treasury. The State Lottery Commission will continue to have seven members, but the law will add the Director of the Division of Investment as a member of the Commission and remove one public member. The State Lottery Commission will continue to exercise regulatory oversight over the State Lottery by adopting lottery rules and approving all games.

During the term of the lottery contribution, the gross proceeds of the State Lottery will be paid into an operating account within Common Pension Fund L for payment of operational and administrative costs. The Division of the State Lottery will manage the operating account. The law requires the Division of the State Lottery to transfer into a second account, the investment account, State lottery proceeds net of operating and administrative expenses on a periodic basis. Administrative expenses include prize payments and advertising costs.

Consistent with current State law, annual lottery net proceeds must be at least 30 percent of gross proceeds. The net proceeds may be used by each retirement system for payment of benefits to members of the retirement systems or may be invested on behalf of the retirement systems by the Director of the Division of Investment. The lottery contribution given to the retirement systems will increase the funded ratio of such systems with respect to members of the retirement systems who are employed, or were employed, in schools and institutions in this State.

Pursuant to Section 5, this law allocates the lottery contribution to the retirement systems in allocable percentages. The lottery contribution and all proceeds of the Lottery Enterprise are allocated among the retirement systems in the allocable percentages as follows: 77.78 percent for TPAF; 21.02 percent for PERS; and 1.20 percent for PFRS.

Date Approved: July 4, 2017

Effective Date: July 4, 2017

P.L. 2017, c. 28 (Chapter 28)

This law requires health insurance coverage for substance use disorders and regulates opioids and certain other prescription drugs in several ways. It requires health insurers, the State Health Benefits Program, and the School Employees’ Health Benefits Program, to adhere to certain coverage requirements for treatment of substance use disorders. It also places certain restrictions on the prescription of opioids, and requires certain notifications when prescribing Schedule II controlled dangerous substances used to treat chronic or acute pain. The law also requires certain health care professionals to receive training on topics related to prescription opioid drugs and repeals certain sections of law that are obviated by this new law’s provisions.

Sections 9, 10 and 11 of this law deal specifically with the SHBP and SEHBP.

Date Approved: February 15, 2017

Effective Date: May 16, 2017

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.

Date Approved: December 5, 2016

Effective Date: December 5, 2016

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.

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.

Date Approved: November 30, 2016

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

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.

Date Approved: November 21, 2016

Effective Date: November 21, 2016

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.

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.

Date Approved: August 18, 2016

Effective Date: August 18, 2016

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.

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.).

Date Approved: May 27, 2016

Effective Date: May 27, 2016

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.

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.

Date Approved: January 11, 2016

Effective Date: 180 Days following Enactment

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.

Date Approved: January 11, 2016

Effective Date: January 11, 2016

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Last Updated: Tuesday, 09/25/18