March 2011 TO: Certifying Officers - Teachers’ Pension and Annuity Fund, Public Employees’ Retirement System, and Police and Firemen’s Retirement System FROM: Joseph Zisa, Manager 1, Fiscal Resources SUBJECT: Report of Contributions, 1st Quarter 2011 (January 1st- to March 31st) This memorandum contains important instructions concerning the completion of your Report of Contributions (ROC). Please read this memorandum before you make any changes to the ROC. Should you have any questions or need assistance in completing the ROC, please refer to www.state.nj.us/treasury/pensions/epbam/finance/roc.htm New – Processing ‘Stop Deductions’ Member Certifications The Division is issuing Certifications of Payroll Deductions for situations where an employer is required to suspend future pension and related benefit payroll deductions for an employee. These ‘Stop Deduction’ Certifications are typically issued for employees who have been reported as a multiple member (one who works for more than one employer receiving pension credit from each simultaneously) who are no longer eligible for this benefit. This is a required change following reforms contained in P.L. 2010, Chapter 1. If you receive a ‘stop deductions’ certification for a member who is on the iROC, you must stop reporting deductions as of the date reflected on the certification. This certification was produced as a result of the employee’s concurrent service with another employer and the Division has taken into consideration employment and pension reporting at your jurisdiction through that date when instructing the other employer on when to begin deductions and the amount of the deduction to be taken. Even though this employee may have continued service with you beyond this date, for purposes of your pension related reporting, please adjust the member’s months of service and base salary, if applicable, to agree with the date shown on the ‘stop deduction’ certification using an explanation of “terminated” from the drop down box. If an employee has terminated service with you prior to the date shown on the ‘stop deductions’ certification, immediately contact the Division by forwarding a copy of the certification with detail of the employee’s salary, pension contributions and related deductions since the last period reported on iROC and the date of termination. Information should be directed to the attention of the ‘Adjustment Section’ at the Division’s Trenton NJ address. iROC Reporting For Members With Multiple Employment P.L. 2010, Chapter 1, requires that an employee eligible for PERS or TPAF enrollment after May 21, 2010, be eligible for Tier 4 membership based upon only one position and requires the retirement system to designate the position providing the higher or highest compensation for the member from among any concurrently held positions. This position will be used as the basis for New Jersey Is An Equal Opportunity Employer z Printed on Recycled and Recyclable Paper Report of Contributions, 1st Quarter 2011 March 2011 Page 2 eligibility for membership, service credit, the compensation base for pension contributions, and for other pension calculations. For current PERS or TPAF Tier 1, Tier 2, or Tier 3 multiple members, all concurrent positions held without a break in service from May 21, 2010, will continue to qualify for service credit and the compensation base for pension contributions and calculation of benefits. However, provisions of P.L. 2010, Chapter 1, require that any new, concurrently held position beginning after May 21, 2010, will not qualify for service credit or the compensation base for pension contributions and calculation of retirement for any PERS or TPAF multiple member. Current multiple employer relationships will be terminated following any “break in service” not supported by an employer approved leave of absence (LOA). For this purpose a “break in service” is being defined for employment with any municipality, county, board of education or authority as any one month period without service while not on an approved LOA. The Division may require recertification of these employment relationships following a break in service with an approved leave of absence. As a result, you may be asked to provide additional information before being able to add a multiple member back to your report of contributions following an approved LOA. Deadline for Filing the Report of Contributions The Division has been updating member accounts as early as four weeks following the close of the calendar quarter. But to do so we need the support of all our employers. Therefore, all reports are due by April 7, 2011. Should your report not be received by the close of business on April 22, 2011, may not be used to update member accounts and interest penalties will begin to accrue. Delays in receiving reports affect the timeliness of the Division providing services to ALL pension plan members, not just your employees and retirees. Unfortunately, we continue to experience delays associated with employer late reporting. When you receive your quarterly ROC, you should review it immediately. If you think you will have a problem in meeting the filing deadline, or if there is anything you do not understand, contact the Audit/Billing Section at (609) 292-3630. Normally, reporting inquiries can be resolved with a telephone call. If other arrangements need to be made to assist you in the completion of your ROC, the sooner you communicate that fact to the Division the better for everyone involved. Closure of the Prosecutors Part of the PERS P.L. 2010, Chapter 1, closes the Prosecutors Part of the PERS to new members. Prosecutors taking office after May 21, 2010, will be enrolled as “regular” Tier 4 members of the PERS — except that a county prosecutor who is appointed by the Governor with the advice and consent of the Senate will be enrolled in the DCRP (or regular PERS if a Tier 1 member is continuously employed since July 1, 2007). Prosecutors who were enrolled in the Prosecutors Part of the PERS between its opening in 2001 and its closure on May 21, 2010, will be permitted to continue as members of the Prosecutors Part and receive Prosecutors Part benefits, provided that they continue in eligible Prosecutors Part service. PERS & TPAF Tier 3 - Minimum Annual Base Salary As a result of P.L. 2008, Chapter 89, the Director of the Division of Pensions and Benefits shall adjust each year the minimum annual base salary for participation in the Teachers’ Pension and Annuity Fund (TPAF) and the Public Employees’ Retirement System (PERS) for those members in Tier 3 service (Tier 3 service covers those individuals eligible to enroll in TPAF or PERS on or Report of Contributions, 1st Quarter 2011 March 2011 Page 3 after November 2, 2008). The adjustment is made annually in accordance with changes in the Consumer Price Index, pursuant to N.J.A.C. 17:3-2.1(g) for TPAF membership and N.J.A.C. 17:22.1(c) for PERS membership. Please take note that, pursuant to these provisions, the Division of Pensions and Benefits is making no change to the annual base salary for participation in the TPAF and PERS from $7,700. This minimum annual base salary continues in effective through January 1, 2012. Employees who fall below the minimum annual base salary amount in any calendar year may be eligible to participate in the Defined Contribution Retirement Program. Please review Fact Sheet #82, Defined Contribution Retirement Program (DCRP) If Ineligible for PERS or TPAF , for additional information. PERS & TPAF Tiers 2 & 3 - Maximum Compensation P.L. of 2007, Chapter 103, provides that new members of PERS and TPAF are subject to a maximum compensation limit for PERS or TPAF pension contributions and benefits. The maximum compensation is based on the annual maximum wage for Social Security. Note: The PERS and TPAF maximum compensation limit does not apply to employees who were already members of the PERS or TPAF prior to July 1, 2007. For calendar year 2011, the annual maximum wage for Social Security is $106,800 and is subject to change at the start of each calendar year. Therefore, a new employee enrolled in the PERS or TPAF on or after July 1, 2007, who earns in excess of $106,800 before the end of 2011 will have his or her TPAF or PERS base salary capped – limiting the amount used to calculate benefits and contributions to TPAF or PERS for pension or contributory insurance. These individuals with earnings over the Social Security maximum wage base are also eligible for benefits under the Defined Contribution Retirement Program (DCRP). DCRP plan materials, enrollment forms, and other program information are available at www.state.nj.us/treasury/pensions/dcrp1.shtml Note: Until reporting procedures are developed for PERS and TPAF members’ who exceed the social security maximum of $106,800 for 2011, continue to report the pension and contributory insurance (if applicable) for the excess salary as you did in the past. The Division will forward the pension contributions to the DCRP carrier. Excess contributory insurance payments will be refunded to the employee. PFRS – Maximum Compensation P.L. 2010, Chapter 1, provides that new members eligible to enroll in the Police and Firemen’s Retirement System on or after May 21, 2010 are subject to a maximum compensation limit for PFRS contributions and benefit. The maximum compensation is based on the annual maximum wage for Social Security. Note: Until reporting procedures are developed for PFRS members’ who exceed the social security maximum of $106,800 for 2011, continue to report the pension and contributory insurance for the excess salary as you have in the past. The Division will forward the pension contributions to the DCRP carrier. Any excess pension and contributory insurance payments will be refunded to the employee. Report of Contributions, 1st Quarter 2011 March 2011 Page 4 Reporting of Retroactive Salary Increases As a result of the establishment of maximum compensation limits for certain members of the Public Employees’ Retirement System (PERS), the Teachers’ Pension and Annuity Fund (TPAF) and the Police and Firemen’s Retirement System (PFRS), the Division of Pension and Benefits has determined that retroactive salary increases can no longer be reported through the Internetbased Report of Contributions (iROC) if they affect reporting periods prior to the current reporting quarter. Procedures for Reporting of Retroactive Salary The current procedures in place to allow employers to report retroactive salary increases are as follows: Once the new contract is received by the Division of Pension and Benefits and reviewed, a spreadsheet will be sent to the employer. This spreadsheet will contain all data submitted for each member for the period of the retroactive salary adjustment. The employer must then supply the new base salary for each quarter affected for members receiving a retroactive salary adjustment. The total additional pension and contributory insurance contribution due will appear at the top of the spreadsheet page. Please submit a check for the necessary contributions, payable to the retirement system, and return the spreadsheet via e-mail to the sending party at the Division of Pensions and Benefits. Addition to iROC Due to the implementation of P.L. 2007, Chapter 103, P.L.2008, Chapter 89, and P.L. 2010, Chapter 1, a new column has been added to the iROC to identify any members affected by these laws. The column heading is “TIER”. P.L.,2007 Chapter 103members will be identified as Tier 2; P.L. 2008, Chapter 89, members will be identified as Tier 3; and P.L. 2010, Chapter 1 members will be identified as Tier 4. Tiers Defined for the TPAF and the PERS Tier 1: Member who were enrolled prior to July 1, 2007 Tier 2: Members who were eligible to enroll on or after July 1, 2007 and prior to November 2, 2008 pursuant to the provisions of P.L. 2007, Chapter 103. Tier 3: Members who were eligible to enroll on or after November 2, 2008 pursuant to the provisions of P.L. 2010, Chapter 89. Tier 4: Members who were eligible to enroll on or after May 21, 2010 pursuant to the provisions of P.L. 2010, Chapter 1 Changing Banking Information For TEPS On or after the date that the new checking account becomes effective, a Notice of Changes for TEPS should be faxed to (866) 568-2495 or mailed to: New Jersey Department of Treasury Division of Pensions and Benefits PO Box 9581 Trenton NJ 08650-9581 Report of Contributions, 1st Quarter 2011 March 2011 Page 5 Please call the TEPS Helpline (888) 835-3345 if you have any questions regarding the status of your change or if you have any questions regarding your password or the status of your transmittal payment. Retirement Plan Limits for 2011 The IRS has announced the cost-of-living adjustments (COLAs) for retirement plans. Many of the limits applicable to pension, and other retirement plans, are unchanged from 2010 to 2011 but are noted here for your reference. Annual compensation limit. The maximum amount of annual compensation that can be taken into account for the purpose of determining benefits and contributions under Code Sec. 401(a)(17) is unchanged and remains at $245,000. Retirement plans administered by the Division of Pensions and Benefits affected by this change include the Teachers' Pension and Annuity Fund (TPAF), the Public Employees' Retirement System (PERS), the Police and Firemen's Retirement System (PFRS), the Supplemental Annuity Collective Trust (SACT), the Alternate Benefit Program (ABP), the Additional Contributions Tax-Sheltered (ACTS) program, the Deferred Compensation Retirement Program (DCRP) and the New Jersey State Employees Deferred Compensation Plan. Chapter 113, P.L. 1997. N.J.S.A. 43:3C-9.3 & 43:3C-9.4 permits higher annual compensation limits for members of TPAF, PERS, PFRS and ABP enrolled prior to July 1, 1996, if, prior to July 1, 1997, the employer certified to the Division Director that the employer will pay the additional cost for not applying the lower Code Sec. 401(a)(17) Annual Compensation Limit to these members. If you are such an employer, you may report pensionable salary in excess of the Code Sec. 401(a)(17) limits mentioned earlier for those employees in the affected class up to the higher limit permitted for members of TPAF, PERS, PFRS and ABP enrolled prior to July 1, 1996, under the provisions of Chapter 113, P.L. 1997, is - $360,000 for 2011. Defined contribution plans. The limitation on the annual additions to a participant's defined contribution account under Code Sec. 415(c)(1)(A) is unchanged and remains at the lesser of $49,000 or 100% of the participant's compensation. Annual additions are the sum for any year of all employer and employee contributions to the defined contribution plan. For purposes of applying the limitations all defined contribution plans of an employer are to be treated as one defined contribution plan. Defined contribution plans include an employee annuity plan described in and an annuity contract described in section 403(b). Defined contribution plans administered by the Division of Pensions and Benefits affected by this change include the SACT, DCRP, ABP and ACTS programs and the New Jersey State Employees Deferred Compensation Plan. Elective deferrals. The limitation under Code Sec. 402(g)(1) on the exclusion for elective deferrals described in Code Sec. 402(g)(3) is unchanged and remains at the lesser of $16,500 or 100% of the participant's compensation. Defined contribution plans administered by the Division of Pensions and Benefits affected by this change include the SACT, DCRP, ABP and ACTS programs. Deferred compensation plans. The limit on deferrals under Code Sec. 457(e)(15) concerning deferred compensation plans of state and local governments and tax-exempt organizations is unchanged and remains at the lesser of $16,500 or 100% of the participant's compensation. The deferred compensation plan administered by the Division of Pensions and Benefits affected by this change is the New Jersey State Employees Deferred Compensation Plan and is available to Employees of the State and other State Report of Contributions, 1st Quarter 2011 March 2011 Page 6 chartered commissions, authorities and boards. Other governmental employers in the State my offer similar, self-administered programs. Catch-up contributions. The dollar limit under Code Sec. 414(v)(2)(B)(i) for catch-up contributions to an applicable employer plan other than a plan described in Code Sec. 401(k)(11) or Code Sec. 408(p) for individuals aged 50 or over is unchanged and remains at $5,500. Defined contribution plans administered by the Division of Pensions and Benefits affected by this change include the SACT, ABP and ACTS programs. Lower compensation limits are in place for TPAF and PERS Tier 2 and Tier 3 members enrolled on or after July 1, 2007. These members’ annual base salary is limited and may not exceed the amount of the Social Security Taxable Wage Base. The Social Security Taxable Wage Base and the compensation limit for TPAF and PERS Tier 2 and Tier 3 members is unchanged and remains at $106,800 for 2011. Please refer to Chapter 103, P.L. 2007 for details.