18A:66-8 Continuance of membership.
524 words·~2 min read·
/nj/title-18a/chapter-66/18a-66-8A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
a. If a teacher:
(1)is dismissed by an employer by reason of reduction in number of teachers employed in the school district, institution, or department when in the judgment of the employer it is advisable to abolish any office, position, or employment for reasons of a reduction in the number of pupils, economy, a change in the administrative or supervisory organization, or other good cause; becomes unemployed by reason of the creation of a regional school district or a consolidated school district; has been discontinued from service without personal fault or through leave of absence granted by an employer or permitted by any law of this State; or meets the eligibility requirements of N.J.S.18A:66-36; and
(2)has not withdrawn the accumulated member's contributions from the retirement system, the teacher's membership may continue, notwithstanding any provisions of this article, if the member returns to service within a period of 15 years from the date of discontinuance from service, provided, however, that this paragraph shall be administered consistent with rules governing minimum required distributions from a qualified retirement plan, as those terms are defined pursuant to section 4974 of the federal Internal Revenue Code of 1986, 26 U.S.C. s. 4974.
No credit for retirement purposes shall be allowed to the member covering the period of discontinuance, except as provided in this section. In computing the service or in computing final compensation, no time after September 1, 1919, during which a member shall have been employed as a teacher at an annual salary or remuneration, or a number of hours of work, fixed at less than that which is required for membership pursuant to N.J.S.18A:66-4 as applicable to the member shall be credited.
In computing the service or in computing final compensation, no time after the effective date of P.L.2010, c.1, during which a member shall have been employed as a teacher for fewer than 32 hours per week shall be credited, unless the member shall have been a member since that effective date continuously. In the case of a veteran member, credit shall be given for service rendered prior to January 1, 1955, in an employment, office, or position if the annual salary or remuneration therefor was fixed at not less than $300.00 and the service consisted of the performance of the full duties of the employment, office or position.
b. A teacher may purchase credit for time during which the teacher shall have been absent on an official leave without pay. The credit shall be purchased for a period of time equal to:
(1)three months or the duration of the leave, whichever is less; or
(2)if the leave was due to the member's personal illness, two years or the duration of the leave, whichever is less; or
(3)the period of leave that is specifically allowed for retirement purposes by the provisions of any law of this State.
The purchase shall be made in the same manner and be subject to the same terms and conditions provided for the purchase of previous membership service by N.J.S.18A:66-9.
amended 1971, c.121, s.3; 1991, c.138, s.1; 2008, c.89, s.6; 2010, c.1, s.2; 2025, c.147, s.2.