S4086

An Act concerning military leave for employees of the Port Authority of New York and New Jersey and supplementing Title 32 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):

“Employee” means those persons employed at the Port Authority of New York and New Jersey, including, but not limited to: full-time and part-time employees, those employees on probation, and temporary employees, whether or not represented by a labor organization.

“Ordered military duty” means any military duty performed in the service of the State of New Jersey or the United States, including, but not limited to, attendance at any service schools, or schools conducted by the United States Armed Forces, by an employee as a member of any force of the organized militia or of any reserve force or reserve component of the United States Armed Forces, pursuant to orders issued by competent State or federal authority, with or without consent of such employee. “Ordered military duty” shall not include participation in routine reserve officer training corps training, except when performing advanced training duty as a member of a reserve component of the United States Armed Forces.

b. Every employee shall be entitled to absent themselves and shall be deemed to have a leave of absence from the employee’s duties or service as such public officer or employee while engaged in the performance of ordered military duty and while going to and returning from such duty.

c. Every employee who is or who becomes a voluntary member of any force of the organized militia or of any reserve force or reserve component of the United States Armed Forces shall be entitled to absent themselves and shall be deemed to have a leave of absence from the employee’s duties or service as such employee while in attendance, as a member of such force or reserve components, at any service school or schools conducted by the United States Armed Forces and while going to and returning from such school or schools, notwithstanding that orders for such attendance are or may be issued with the consent of such public officer or employee.

d. Every employee who is or who becomes a member of any force of the organized militia, or of any reserve force or reserve component of the United States Armed Forces, shall be entitled to absent themselves and shall be deemed to have a leave of absence from the employee’s duties or service as such public officer or employee while performing, as a member of such force or reserve component, initial full-time training duty or initial active duty for training with or in one of the United States Armed Forces under the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), the laws of the United States, or both, and while going to and returning from such full-time training duty or active duty for training, notwithstanding that orders for such duty are or may be issued with the consent of such public officer or employee.

e. Time during which an employee is absent pursuant to the provisions of subsections b., c., and d. of P.L. , c. (C. ) (pending before the Legislature as this bill) shall not constitute an interruption of continuous employment and, notwithstanding the provisions of any general, special, or local law, or the provisions of any city charter, no employee shall be subjected, directly or indirectly, to any loss or diminution of time service, increment, vacation or holiday privileges, or any other right or privilege, by reason of such absence, or be prejudiced, by reason of such absence, with reference to continuance in office or employment, reappointment to office, re-employment, reinstatement, transfer, or promotion.

f. (1) An employee shall be paid the employee’s salary or other compensation as an employee for any and all periods of absence while engaged in the performance of ordered military duty, and while going to and returning from such duty, not to exceed a total of 30 days or 22 working days, whichever is greater, in any one calendar year and not to exceed 30 days or 22 working days, whichever is greater, in any one continuous period of such absence.

(2) An employee who served in a combat theater or combat zone of operations, as documented by a copy of the employee’s DD-214, certificate of release or discharge from active duty, or other applicable Department of Defense documentation, shall be paid the employee’s salary or other compensation as such employee for any and all periods of absence while utilizing any health care-related services related to such duty, not exceeding five working days, in any one calendar year.

g. (1) The amount of required contributions to any pension or retirement system, of which an employee who is absent while engaged in the performance of ordered military duty is a member, shall be deducted from the employee’s salary or other compensation as such employee as provided under P.L. , c. (C. ) (pending before the Legislature as this bill). If the required contributions exceed the amount of the employee’s salary or other compensation to which the employee is entitled while engaged in the performance of military duty, the employee’s salary or other compensation shall be applied upon the required contributions, and the employee shall have the right to pay to such pension or retirement system the amount by which such contributions exceed the employee’s salary or other compensation. The employee shall also have the right to pay to such system, for any period of the absence during which the employee shall receive no salary or other compensation as an employee, the amount that the employee would have contributed to such system if the employee had been present and continuously engaged in the performance of the duties of the employee’s position during such period.

(2) Such payments, other than those deducted from the employee’s salary or other compensation as such employee, may be paid from time to time at any time while engaged in such ordered military duty or within five years after the date of termination of such ordered military duty, or, in the event of the death of such employee while engaged in ordered military duty, such payments, or any part thereof, may be made by the named beneficiary or the legal representative of such employee’s estate within one year following proof of the employee’s death.

(3) To the extent that such contributions are paid, the employee’s absence while engaged in the performance of military duty shall be counted in determining the length of total service under such pension or retirement system.

(4) Any employee, while engaged in the performance of ordered military duty, or the employee’s beneficiary, as the case may be, shall be entitled to all the benefits of the pension or retirement system of which the employee is a member, except accidental disability retirement and accidental death benefit.

2. This act shall take effect immediately but shall remain inoperative until the enactment into law of legislation substantially similar to P.L. , c. (C. ) (pending before the Legislature as this bill) by the State of New York. If such legislation shall have been enacted by the State of New York prior to the enactment of this act, this act shall take effect immediately.

STATEMENT

This bill authorizes an employee of the Port Authority of New York and New Jersey (PANYNJ) to take a leave of absence from PANYNJ employment during ordered military duty or in certain circumstances as a member of, or volunteer member of, any force of the organized militia or of any reserve force or reserve component of the United States Armed Forces.

A PANYNJ employee’s leave of absence authorized by the bill is not to constitute an interruption of continuous employment and the employee is not to be subjected to loss of time service, increment, vacation or holiday privileges, or any other right or privilege or to be prejudiced regarding employment, reappointment, re-employment, reinstatement, transfer, or promotion, due to the employee’s absence.

The bill requires that PANYNJ employees be paid their salary or other compensation during periods of absence related to ordered military duty, not exceeding 30 days or 22 working days, whichever is greater, in a calendar year and not exceeding 30 or 22 working days, whichever is greater, in a continuous period of absence.

A PANYNJ employee who served in a combat theater or combat zone of operations is to be paid the employee’s salary, or other compensation, for all periods of absence while utilizing health care-related services related to such duty, not exceeding five working days in a calendar year.

The employee’s required contributions to a pension or retirement system are to be deducted from the employee’s salary or other compensation during the employee’s leave of absence. If the required contributions exceed the amount of the employee’s salary or other compensation during the employee’s military duty, such salary or other compensation is to be applied to the required contributions and the employee may pay any remaining amount.

The bill authorizes a PANYNJ employee to pay the amount that the employee would have contributed to the employee’s pension or retirement system if the employee had been present and performing the employee’s duties. Such payments, other than those deducted from the employee’s salary or other compensation, may be paid during, or within five years after the termination of, the employee’s ordered military duty. If the employee dies during ordered military duty, such payments may be made by the named beneficiary or the legal representative of the employee’s estate within one year following proof of death. If such contributions are paid, the employee’s absence during military duty is to be counted toward the length of total service under such pension or retirement system. Finally, an employee, while engaged in the performance of ordered military duty, or the employee’s beneficiary, is entitled to all the benefits of the employee’s pension or retirement system, except accidental disability retirement and accidental death benefits.

The State of New York is required to enact substantially similar legislation before this bill becomes operative.