Fact Sheet #38 March 2024 Page 2
Alternate Benet Program (ABP)
This fact sheet is a summary and not intended to provide all information.
Although every attempt at accuracy is made, it cannot be guaranteed.
the current authorized providers: Equitable (former-
ly AXA), Empower (formerly MassMutual), MetLife/
Brighthouse (formerly Travelers/CitiStreet), Empow-
er (formerly Prudential), TIAA, Corebridge Financial
(formerly AIG), and VOYA.
Additional voluntary federal tax-deferred contribu-
tions under Internal Revenue Code (IRC), Section
403(b), may also be made based on the actual base
salary paid, less the mandatory ve percent member
contribution. Before having any additional contribu-
tions deducted, members should contact the autho-
rized carrier of their ABP account for a calculation
on the exact amount available to them for a Section
403(b) contribution. These contributions cannot ex-
ceed the actual dollar limits eligible for tax shelter in
a given tax year.
For most ABP members, mandatory employee and
employer contributions are held in delayed-vesting
status during the rst year of ABP-eligible employ-
ment. The member is vested in the ABP beginning in
the second year of ABP-eligible employment.
Some ABP members can be immediately vested if
the member has an existing retirement account con-
taining employee and employer contributions from
employment in higher education, or is an active or
vested member of a federal or state retirement sys-
tem and transfers that retirement system member-
ship to the ABP.
When vested, all contributions and accumulations in
the ABP account belong to the member and provide
benets when the member is eligible to receive them.
Vested members of the ABP are also eligible to ap-
ply, through their provider, for loans made from the
member’s account balance. Contact the authorized
provider for borrowing and repayment procedures.
Note: While in delayed-vesting status, loans or the
transfer of funds between carriers are not permitted.
If a member leaves ABP-eligible employment before
becoming vested, only the employee contributions,
including any investment gain or loss, can be refund-
ed. The employer contributions revert back to the
employer. The refund of contributions to a non-vest-
ed member is considered a withdrawal from the ABP.
RETIREMENT
Six months before retirement, a member should
contact the employer and the authorized carrier for
information regarding benets and options. The car-
riers regularly provide informational seminars on re-
tirement.
A member may elect to receive all or a portion of
his/her account in a lump-sum distribution, or as a
xed term or life annuity. There is no minimum retire-
ment age under the ABP; however, lump-sum cash
distributions to members under the age of 55 are
limited to the member’s contributions and earnings.
The remaining employer contributions and earnings
are only available after age 55. The types of payout
plans vary and should be considered when select-
ing a carrier. All returns of contributions and earnings
are considered taxable in the year they are received.
There is no minimum retirement age under the ABP.
A member may begin collecting an annuity, or take
a cash distribution, at any time after termination of
employment; however, if you return to public employ-
ment in New Jersey, you cannot participate in any
State-administered retirement system. The member
will automatically be considered retired, regardless
of age, if there is any distribution of mandatory con-
tributions.
Post-Retirement
Employment Restrictions
If you are considering working after retirement, you
should be aware of the restrictions imposed by laws
and regulations governing post-retirement employ-
ment. It is your responsibility to inform your prospec-
tive employer that you are receiving retirement bene-
ts from a New Jersey State-administered retirement
system. As a retiree of the ABP, you are prohibited
from enrolling in any New Jersey State-administered
retirement system once you have collected a distri-
bution from your tax-deferred investment account. If
you want to supplement your income after you retire,
employment with a private company, the federal gov-
ernment, or another state will not aect your right to
receive your retirement benets.
Retirees are required to completely separate from
service before returning to public employment in
New Jersey in a position covered by a dierent re-
tirement system. IRC sections 401(a) and 414(d)
establish the ABP as a qualied governmental de-
ned contribution retirement program. New Jersey
State-administered retirement systems generally do
not permit the payment of retirement benets without
a complete severance from your employer. In order
to preserve the qualied status of the plan and to pro-
tect retirees from a 10 percent early distribution tax
penalty on their monthly pensions, the New Jersey
Division of Pensions & Benets (NJDPB) is required
to adopt and enforce regulations to ensure compli-
ance with the IRC requirements.
Should you return to work with your former employ-
er, you must rst determine if you have met the re-
quirements of a bona de severance of employment
as dened under N.J.A.C. 17:1-17.14(a)2. Bona de
severance from employment means there was a
complete termination of the employer/employee re-
lationship for a period of at least 180 days from the
date of your retirement. Re-employment by a dier-
ent unit of the same public employer within the 180
days of retirement, whether in a position covered by
the same retirement system or a dierent retirement
system, is considered to be employment by the same
employer. See the exception in the “Transition To Re-
tirement Programs (TTRP)” section.