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Bill > S3496


NJ S3496

NJ S3496
Permits non-instructional staff member retired from PERS to return to employment in school district for up to two years without reenrollment in PERS if employment commences during remainder of 2025-2026 and entirety of 2026-2027 school years.


summary

Introduced
02/12/2026
In Committee
02/12/2026
Crossed Over
Passed
Dead

Introduced Session

2026-2027 Regular Session

Bill Summary

This bill would permit a non-instructional staff member who retired from the Public Employees' Retirement System (PERS) to return to work full time with a board of education in a position of critical need, as determined by the State Commissioner of Education, without being reenrolled in the PERS if reemployment commences during the remainder of the 2025-2026 school year and the entirety of the 2026-2027 school year. As defined in the bill, "non-instructional staff member" means a New Jersey school-based employee whose position does not require a New Jersey Department of Education (DOE) certification and who is enrolled in the PERS. If the retired non-instructional staff member returns to work with the former employer, it must occur more than 120 days after the retirement. This bill will permit the non-instructional staff member to receive the PERS retirement allowance as well as a salary. The bill permits the return to work under a contract for one year, which may be renewed only for one additional year. The total period of reemployment with any individual board of education cannot exceed a two-year period, unless so approved by the Commissioner of Education as being in the best interests of the school district. Under the bill, the former member's retirement must have been a bona fide retirement and any employment or reemployment under the bill must not be prearranged before retirement. Under the bill, a school district of a board of education with a position of critical need seeking to reemploy a former member pursuant to the provisions of the bill is required to demonstrate to the board of education the need for reemploying such members prior to reemployment. Current law has a substantially similar provision to permit certain Teachers' Pension and Annuity Fund (TPAF) retirees to return to work with a board of education in a TPAF position as a certificated superintendent, certificated administrator, teacher, or professional staff member providing special services, for a limited period of time, without reenrollment in the TPAF.

AI Summary

This bill allows non-instructional school staff members who have retired from the Public Employees' Retirement System (PERS) to return to work for a school district for up to two years without rejoining PERS, provided their reemployment begins during the remainder of the 2025-2026 school year and the entire 2026-2027 school year. A "non-instructional staff member" is defined as a school employee in New Jersey whose job doesn't require a Department of Education certification and who was enrolled in PERS. This exception applies only if the retired staff member returns to work more than 120 days after retiring from their former employer and if the retirement was genuine and not prearranged. The school district must first demonstrate to the board of education that there's a critical need for the position, as determined by the State Commissioner of Education. While working, these individuals can receive both their PERS retirement allowance and their salary, and their contract can be renewed for a second year, for a total of two years, unless the Commissioner of Education approves an extension in the best interest of the school district. This provision is similar to existing laws that allow certain retired teachers to return to work under specific conditions.

Committee Categories

Government Affairs

Sponsors (1)

Last Action

Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee (on 02/12/2026)

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