Recent Legislation
1999

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Chapter 380, Public Laws of 1999 ( increases various annual salaries in the Executive, Judicial and Legislative Branches )
Chapter 382, Public Laws of 1999 (makes certain county college ABP retirees eligible for State-paid health care benefits )
Chapter 390, Public Laws of 1999 (requires managed care plans to continue treatment under certain circumstances )
Chapter 398, Public Laws of 1999 (corrections officers in PFRS may remain in PFRS if promoted jail warden)
Chapter 415, Public Laws of 1999 ( PERS employee contribution rate for calendar years 2000 and 2001 is 3%)
Chapter 428, Public Laws of 1999 (enhanced retirement and survivors benefits for PFRS)
Chapter 431, Public Laws of 1999 ( permits certain local government retirees to continue to receive fully paid health benefits coverage)
Chapter 441, Public Laws of 1999 (SHBP to provide for biologically-based mental illness)
Chapter 338, Public Laws of 1999 (PFRS members now able to purchase time on layoff, 3 years)
Chapter 333, Public Laws of 1999 (Board of Education Employees' Pension Fund of Essex County)
Chapter 247, Public Laws of 1999 (IRS section 403(b) payments to be made by employers in 5 days)
Chapter 230, Public Laws of 1999 (retired members able to be delegates to TPAF annual convention)
Chapter 132, Public Laws of 1999 (carrying loans into retirement-PERS, TPAF, PFRS, SPRS, JRS)
Chapter 96, Public Laws of 1999 (elected officials in PFRS)
Chapter 59, Public Laws of 1999 (retirement incentives for local government consolidations)
Chapter 51, Public Laws of 1999 (exempts from coverage under the Social Security Act service that is performed by students in the employ of public schools, colleges, and universities)
Chapter 48, Public Laws of 1999 (local government retired employee SHBP eligibility requirements)
Chapter 52, Public Laws of 1998 (Passaic County ERS)
Chapter 44, Public Laws of 1998 (health benefits for NJ Commerce and Economic Growth Commission, aka Department of Commerce and Economic Development)
Chapter 62, Public Laws of 1998 (PFRS members with alpha1-antitrypsin deficiency)
Prior Fiscal Year's Legislation

Chapter 380, Public Law of 1999

Date Approved: January 14, 2000.

Effective Date: This act shall take effect immediately.

This law increases various annual salaries in the Executive, Judicial and Legislative Branches of State government and for county prosecutors and members of the county boards of taxation. It also establishes a mandatory retirement age of 70 for judges of the Office of Administrative Law and the Division of Workers' Compensation.

The gubernatorial and legislative salary increases are effective calendar year 2002. For all others, the increase is effective for calendar year 2000.

The law provides that judges of the Office of Administrative Law and of the Division of Workers' Compensation be required to retire at age 70. Under current law, justices of the Supreme Court and judges of the Superior Court and Tax Court are required to retire at age 70.

The law gives judges of the Office of Administrative Law and of the Division of Workers' Compensation in service on the effective date of this act three additional years to serve before the mandatory retirement provision will affect them, and permits any judge who is 60 years of age or older on the date of enactment but who does not have 10 years of service credit to continue until attaining 10 years of service in the Public Employees' Retirement System (PERS). Ten years of creditable service is required for vesting in the PERS.

Chapter 382, Public Law of 1999

Date Approved: January 14, 2000.

Effective Date: This act shall take effect immediately.

This law adds to the list of those retirees eligible for State-paid health care benefits in the State Health Benefits Program (SHBP) any employee of a county college who (1) retires on a benefit based upon 10 or more years of service credit in the Alternate Benefit Program (ABP) and (2) has additional years of service credited in another defined contribution retirement program as an employee of a private institution of higher education which, under contract with a county government, provided services as a county college and subsequently merged with a county technical institute to become a county college, which additional years of service when added to the service credited in ABP totals 25 or more years.

Currently, any employee of a county college who retires on a benefit based upon 25 or more years of service credit in ABP or the Public Employees' Retirement System is eligible for paid SHBP health benefits in retirement. The cost of providing the benefit is assumed by the State.

Specifically, this law affects some current employees of Union County College who were previously employed by a private education institute that was merged with the College under Chapter 42, P.L. 1982.

Chapter 390, Public Law of 1999

Date Approved: January 18, 2000.

Effective Date: This act shall take effect immediately.

As far as the State Health Benefits Program (SHBP) is concerned, this law will impact only the non-self insured managed care plans that participate in the Program.

This law requires carriers which offer managed care plans, including health maintenance organizations and preferred provider organizations and selective contracting arrangements offered by health insurance companies in the State, to provide for the continuation of treatment by a physician, under certain circumstances, in the event that the physician is no longer employed by the carrier.

Specifically, the law permits a covered person who is receiving post-operative follow-up care, oncological treatment, psychiatric treatment or obstetrical care by a physician who is employed by or under contract with a carrier at the time the treatment is initiated, to continue to be treated by that physician for the duration of the treatment in the event that the physician is no longer employed by or under contract with the carrier as follows:

1. for a period not to exceed six months in the case of post-operative follow-up care;
2. for a period not to exceed one year in the case of oncological treatment and psychiatric treatment; and
3. through the duration of a pregnancy and up to six weeks after delivery in the case of obstetrical care.

The continuation of treatment by a particular physician shall be at the option of the covered person.

The law also provides that a carrier which offers a managed care plan shall provide in that plan for continued coverage of other health care services by a physician who was employed by or under contract with the carrier at the time the treatment was initiated, but is no longer employed by or under contract with the carrier, for up to 120 calendar days in cases where it is medically necessary for the covered person to continue treatment with that physician.

Health care benefits or services, as applicable, shall be provided by the health benefits plan for treatment of the specified conditions and any medically necessary treatment to the same extent as such benefits or services were provided while the physician was employed by or under contract with the carrier. Reimbursement for the health care services shall be pursuant to the same fee schedule used to reimburse for the services when the physician was employed by or under contract with the carrier.

The law provides that a carrier shall not be liable for any inappropriate treatment provided to the covered person by a physician who is no longer employed by or under contract with the carrier. Also, the provisions of the law shall not apply to health care services provided by a physician who is the subject of disciplinary action by the State Board of Medical Examiners.

Chapter 398, Public Law of 1999

Date Approved: January 18, 2000.

Effective Date: This act shall take effect immediately.

This law provides that any corrections officer who is enrolled and vested in the Police and Firemen's Retirement System on or after the effective date of this law may, at the election of the officer, remain in the Police and Firemen's Retirement System if the officer is promoted or transferred to the position of jail warden.

Jail warden is defined under this law as any paid, permanent, uniformed, full-time employee of a county correctional facility who is engaged in the protection, custody, and discipline of facility inmates and who is subject to the training and physical and mental fitness requirements established by the employer and any administrative or supervisory employee of a county correctional facility whose duties include general or direct supervision or training of employees engaged in the protection, custody, and discipline of facility inmates.

Chapter 415, Public Law of 1999

Date Approved: January 18, 2000.

Effective Date: This act shall take effect immediately.

This law provides for a reduction in the contribution rate required of State and local government employees who are members of the Public Employees' Retirement System (PERS).

The reduction equals 2% of compensation for calendar years 2000 and 2001. It also provides for a contribution rate reduction of up to 2% of compensation in future calendar years if the State Treasurer determines that excess valuation assets will be used to reduce the normal contributions made to the system by the State and local employers in a fiscal year beginning immediately prior to a calendar year.

The effective PERS employee contribution rate for calendar years 2000 and 2001 is 3%.

Chapter 428, Public Law of 1999

Date Approved: January 18, 2000.

Effective Date: This act shall take effect immediately.

This law enhances the retirement and survivors benefits of the Police and Firemen's Retirement System (PFRS). The changes affect the following benefit areas:

A. Service Retirements:

1. Allows a member, age 55 and older with 20 or more years of service, to retire with a benefit equaling 50% of "final compensation," in lieu of the regular retirement allowance available to the member. Final compensation means the compensation received by the member in the last 12 months of creditable service preceding retirement.
2. Entitles a member of the system as of the effective date of this law to retire with 20 or more years of service with a retirement allowance of 50% of final compensation, regardless of age, and, if required to retire because of attaining the mandatory retirement age of 65, an additional 3% of final compensation for every additional year of creditable service up to 25 years.

1. Changes the service eligibility for ordinary disability retirement from five years to four years of creditable service.
2. Provides that a PFRS member with more than 20 but less than 25 years of service who is required to retire upon application by the employer will receive an ordinary disability retirement allowance of 50% of final compensation plus an additional 3% of final compensation for every additional year of creditable service over 20 but not over 25 years.
3. Changes the basis on which the PFRS ordinary disability retirement allowance is calculated from average final compensation to final compensation.

1. In the case of a non-job-related death of an active member, in addition to life insurance benefits, it provides a pension for a surviving spouse, children and/or parents in lieu of the return of the member's aggregate contributions. The benefit is as follows:
   § A surviving widow or widower pension of 50% of final compensation to continue during his or her widowhood;
   § If there is no surviving widow or widower, or in the case the widow or widower dies or remarries, 20% of final compensation will be payable to one surviving child, 35% of final compensation to two surviving children in equal shares and, if three or more children, 50% of final compensation will be payable to such children in equal shares.
   § If there is no widow or widower or child, 25% of final compensation will be payable to one surviving parent or 40% of final compensation will be payable to two surviving parents in equal shares.
   § If there is no widow or widower, child or parent, there shall be paid to any other beneficiary of the deceased member his or her aggregate contributions at the time of death.
2. Changes the basis on which the pension for a surviving spouse and children are calculated from average final compensation to final compensation.
3. Changes the requirement that a widow or widower be married to the member for one year prior to the date of death to married on the date of death to qualify for survivor benefits.

Additionally, it provides that the cost of the increase in benefits under this law shall not be paid through an increase in employer contributions, but instead shall be a liability of the State, paid under a program that will fund the liabilities at the time of a member's retirement or death.

Chapter 431, Public Law of 1999

Date Approved: January 18, 2000.

Effective Date: This act shall take effect immediately.

This law permits certain local government retirees to continue to receive fully paid health benefits coverage from the retirees' former employers under certain conditions. It impacts only employers who provide post-retirement health benefits under a plan other than the State Health Benefits Program (SHBP).

Prior to June 26, 1995, N.J.S.40A:10-23 authorized local government employers to assume the entire cost of health benefits coverage for retirees and their dependents if the retiree retired on a disability pension, or after 25 years or more of service with the employer, or at age 62 or older with at least 15 years of service with the employer. However, some employers had assumed the entire cost of such coverage for retirees who had less than 25 years of service with the employer but who did have 25 or more years of service credit in a State or locally administered retirement system. However, as a result of a court decision, Wolfersberger v. Pt. Pleasant Beach, 305 N.J.Super. 446 (1996), aff'd 152 N.J. 40 (1997), which held that providing such coverage was a violation of the statute, these employers took action to terminate the payment of the cost such coverage for those retirees who had less than 25 full years of service with the employer.

N.J.S.40A:10-23 was amended on June 26, 1995 to permit municipalities prospectively to assume the entire cost of coverage for retirees with 25 years or more of service credit in a State or locally administered retirement system and a period of up to 25 years with the employer at the time of retirement, such period of service to be determined by the employer and set forth in an ordinance or resolution as appropriate.

This law permits these employers to assume the entire cost of health benefits coverage for certain retirees who received such coverage prior to June 26, 1995.

Chapter 441, Public Law of 1999

Date Approved: January 18, 2000.

Effective Date: This act shall take effect immediately.

This law requires that the State Health Benefits Commission provide the same coverage for biologically-based mental illness to persons covered under the State Health Benefits Program as that required for other health insurers and health maintenance organizations under P.L.1999, c.106.

Specifically, this law:

§ requires that coverage be provided for biologically-based mental illness under the same terms and conditions as provided for any other sickness under the contract;
§ defines "biologically-based mental illness" as a mental or nervous condition that is caused by a biological disorder of the brain and results in a clinically significant or psychological syndrome or pattern that substantially limits the functioning of the person with the illness, including but not limited to, schizophrenia, schizoaffective disorder, major depressive disorder, bipolar disorder, paranoia and other psychotic disorders, obsessive-compulsive disorder, panic disorder and pervasive developmental disorder or autism;
§ defines "same terms and conditions" to mean that a health insurance carrier cannot apply different copayments, deductibles or benefit limits to biologically-based mental health benefits than those applied to other medical or surgical benefits;
§ stipulates that its provisions shall not be construed to change the manner in which a health insurance carrier determines:
a. whether a mental health care service meets the medical necessity standard as established by the carrier; or
b. which health care providers shall be entitled to reimbursement for providing services for mental illness under the contract; and
§ requires the State Health Benefits Commission to provide notice to employees regarding the coverage required by this bill in accordance with the provisions of the bill and regulations adopted by the Commissioner of Health and Senior Services.

The law clarifies that its provisions are an exception to the provisions in N.J.S.A.52:14-17.29, which provides for annual and lifetime caps on eligible expenses incurred because of mental illness or functional nervous disorders (a category which is broader than the biologically-based mental illnesses addressed in this law) that are lower than for major medical expense benefits.

Chapter 333, Public Law of 1999

Date Approved: January 10, 2000.

Effective Date: This act shall take effect immediately.

This law revises the statutes applicable to pension funds for board of education employees of first-class counties (N.J.S.18A:66-94 et seq.). Because all of the other pension funds governed by these statutes no longer exist, N.J.S.18A:66-94 et seq. applies only to the Board of Education Employees' Pension Fund of Essex County, which has been a closed pension system since 1980. The law does the following:

(1) Reduces to 3% the salary contributions from members of the Board of Education Employees' Pension Fund of Essex County.
(2) Reduces interest charged to members of the fund who borrow against their accumulated contributions from 7 1/2% to 4%.
(3) Allows a member with an outstanding loan from the retirement system upon retirement to repay the balance by deductions from the member's pension not exceeding 20% of each periodic benefit payment.
(4) Increases the value, for the purpose of calculating most pensions under the fund, of each year of service credited in the fund from one-fiftieth of the average annual compensation received in any three years of creditable service providing the largest possible benefit to one-forty-fifth of such average annual compensation. This change applies to pensions payable upon retirement for service, age or ordinary disability, deferred retirement, and early retirement.

Chapter 338, Public Law of 1999

Date Approved: January 10, 2000.

Effective Date: This act shall take effect immediately.

This law permits a member of the Police and Firemen's Retirement System (PFRS) who is laid off from employment as a police officer and subsequently rehired in a police service position covered by PFRS to purchase up to three years of service credit for the time between layoff and rehire. The cost of the purchase is borne fully by the member and is based on the member's salary for the last 12 months of creditable service in the position held at the time of layoff.

If, upon retirement, the member's payment for purchase of the credit is insufficient to provide for the additional retirement benefit attributable to the service, the difference may be assessed to the member, or a pro rata credit may be granted based on service purchased prior to the date of retirement, at the election of the member.

Chapter 247, Public Law of 1999

Date Approved: October 15, 1999.

Effective Date: This act shall take effect on the 30th day after enactment (November 15, 1999).

Description: This law will impact State and local employers whose employees participate in Section 403(b) plans.

At present, certain public employers may allow an employee to agree to a reduction in salary for the purpose of investing in an annuity for the employee pursuant to section 403(b) of the federal Internal Revenue Code. This bill would amend existing law to require that amounts payable by an employer on behalf of an employee for any pay period will be transmitted on, and credited as of, the fifth business day after the date on which the employee is paid for that pay period. Its purpose is to avoid monetary loss to employees by ensuring prompt payments by employers.

Programs administered by the Division that will be affected by this law include the Supplemental Annuity Collective Trust 403(b) program, the Alternate Benefits Program (ABP), and the Additional Contributions Tax-Sheltered (ACTS) Program. The law has been interpreted to impact only voluntary member contributions under the ABP.

Prior to the enactment of this legislation, N.J.A.C. 17:1-2.37 allowed the State and local employers participating in the ABP to remit contributions within 45 days after the month in which employee contributions were withheld. Local employers remit employee contributions to the SACT 403(b) program by the 10th day following the month in which contributions were withheld. For the SACT program, State employee contributions are made on a bi-weekly basis and are invested in the general trust fund account within seven business days. Under this new law, members' accounts must be credited by the fifth business day after the date on which the employee is paid.

Employees of local boards of education may either participate in the SACT 403(b) program or a 403(b) plan administered by their employer. This new law impacts both arrangements.

Chapter 230, Public Law of 1999

Date Approved: October 4, 1999

Effective Date: This act takes effect immediately.

This law permits retired as well as active members of the Teachers' Pension and Annuity Fund (TPAF) to serve as delegates to the TPAF annual convention.

The statute establishing the membership of the TPAF board of trustees provides that three of the board's seven members will be "active or retired members of the retirement system, elected by the membership or by the delegates elected for this purpose by the membership . . . in such manner as the board of trustees may prescribe" (N.J.S.A.18A:66-56). However, a regulation of the TPAF board of trustees (N.J.A.C.17:3-1.4e) does not allow retirees to be delegates and specifies that "delegates to the convention must be active members of the Fund". This law permits TPAF retirees to serve as delegates.

Chapter 132, Public Laws of 1999

Date Approved: June 25, 1999

Effective Date: This act shall take effect immediately.

This bill provides that any member of the Public Employees' Retirement System (PERS), Teachers' Pension and Annuity Fund (TPAF), Police and Firemen's Retirement System (PFRS), State Police Retirement System (SPRS) and Judicial Retirement System (JRS) who retires with an outstanding loan will repay the loan through deductions from the retirement benefit payments in the same monthly amount that was deducted from the member's compensation immediately before retirement until the balance of the loan together with the interest is repaid. At present, only members retiring on a disability pension or for the medical illness or disability can repay loans in this fashion.

If the retiree dies before the loan with interest is repaid, the remaining loan balance will be repaid from the proceeds of any other benefits payable on the account of the retiree either in the form of monthly payments due to the beneficiaries or in the form of lump sum payments payable for the pension or group life insurance.

Chapter 96, Public Law of 1999

Date Approved: May 3, 1999

Effective Date: This act shall take effect immediately.

This bill permits a member of the Police and Firemen's Retirement System (PFRS) to retire while holding public office to which the member was elected and continue to receive a full salary for that office if the member's retirement allowance is not based solely on service in that public office. No PFRS contributions covering the continuing public office service will be required of the member.

Elected officials who are members of the Public Employees' Retirement System (PERS) are allowed to retire from PERS and remain in the office to which they are elected so long as the PERS retirement allowance is not based solely on service in that elected office. This bill offers the same option to elected officials enrolled in PFRS.

Chapter 59, Public Law of 1999

Date Approved: April 13, 1999

Effective Date: This act takes effect immediately.

This law authorizes municipalities, counties and other local units of government that enter into agreements to provide governmental services on a joint or consolidated basis, municipalities that join together to establish a new consolidated municipality, or school districts that have merged with one or more other school districts due solely to a municipal consolidation, to offer incentive programs for retirement or termination of employment for employees affected by the consolidation agreements.

The incentives that may be offered include: cash payments or the purchase of annuities; employer contributions to deferred compensation plans; employer-paid continuation after retirement of health benefits coverage for limited periods of time up to five years; employer-paid health benefits coverage after retirement for employees and dependents under the State Health Benefits Program or a local government employer's private carrier plan for employees who fail to meet the service requirement for payment for such coverage after retirement by no more than five years, but who are otherwise eligible for employer payment for health benefits coverage after retirement; or up to five years of additional service credit in State, county or municipal retirement systems.

An incentive program under the legislation must be approved by the Director of the Division of Local Government Services in the Department of Community Affairs. Approval requires a sufficient demonstration that the incentive program would result in a reduction in the number of employees and employment costs necessary to provide the affected governmental services. The Director of the Division of Pensions and Benefits is to provide information on the cost of the incentive program for the State retirement systems, and on the savings in employment costs, at no charge to the local units. Local units implementing incentive programs would be required to pay the costs for the incentives, and would be prohibited from increasing the number of employees to provide the affected governmental services for five years without the approval of the Director of the Division of Local Governmental Services. If a local unit violates this employment restriction, it would be required to reimburse the State for the costs of the actuarial work provided by the Division of Pensions and Benefits.

This law will implement Recommendation 2.5 of the September 16, 1998 report to the Governor by the Property Tax Commission.

Chapter 51, Public Law of 1999

Date Approved: March 30, 1999

Effective Date: This act takes effect immediately.

This law authorizes and directs the State Agency for Social Security (the New Jersey Department of the Treasury) to modify the Social Security coverage agreement between the State and the federal government to exclude from coverage under the Social Security Act service that is performed by students in the employ of public schools, colleges, and universities, when the students are enrolled and are regularly attending classes. Remuneration for service performed by such students is no longer be subject to either the Old Age Survivors and Disability Insurance Act tax (currently 6.2% of the wage base) and the Medicare Part A payroll tax (currently 1.45% of all wages). Students attending and working at private colleges and universities are already excluded from these payroll taxes.

The Social Security Administration issued an explanation of a recently enacted federal law (P.L. 105-277) indicating that the exclusion for service performed by student employees may be implemented on a statewide basis provided there is authorization in state law to exclude such service coverage. This law provides that authorization.

The decision to exclude student employees from Social Security coverage would preclude them from membership in the Public Employees' Retirement System, if otherwise applicable.

Chapter 48, Public Laws of 1999

Date Approved: March 12, 1999

Effective Date: This act takes effect immediately.

This law changes the way local employers participating in the State Health Benefits Program (SHBP) can provide post-retirement health benefit coverage to its retired employees.

It makes the age and service eligibility requirements for employer payment of SHBP health benefits coverage for retired employees the same as the requirements of N.J.S.40A:10-23 currently applicable to local government employers that do not participate in SHBP. The employer may, by filing a resolution with the Division, assume the cost of post retirement medical coverage for employees (and their dependents) who:

• retired on a disability pension; or
• retired with 25 or more years of service credit in a State or locally administered retirement system and a period of service of up to 25 years with the employer at the time of retirement, such period as established by the employer; or
• retired and reached the age of 65 with 25 or more years of service credit in a State or locally administered retirement system and a period of service of up to 25 years with the employer at the time of retirement, such period as established by the employer; or
• retired and reached age 62 with at least 15 years of service with the employer.

Further, the law provides that the employer payment obligations for retiree coverage may be determined by means of a collective negotiations agreement. With respect to employees for whom there is no majority representative for collective negotiations purposes, the employer may, in its sole discretion, determine the payment obligations for the employer and the employees, except that if there are collective negotiations agreements binding upon the employer for employees who are within the same community of interest as employees in a collective negotiations unit, the payment obligations shall be determined in a manner consistent with the terms of any collective negotiations agreement applicable to the collective negotiations unit. This provision applies to all local employers except an independent State authority, board, commission, corporation, agency or organization covered by C. 8, P.L. 1996, and school boards.

This law includes a grandfather provision which provides that the payment obligations of an employee for SHBP coverage in retirement shall be the payment obligations applicable to the employee on the date the employee retires on a disability pension or the date the employee meets the age and service requirements for employer payment for the coverage, as the case may be.

Chapter 62, Public Law of 1998

Date Approved: July 30, 1998

Effective Date: This act takes effect immediately and is retroactive to May 1, 1997.

This law provides that a member of the Police and Firemen's Retirement System (PFRS) with at least 15 years of creditable service who becomes incapacitated as a result of alpha1-antitrypsin deficiency and dies prior to applying for ordinary disability retirement, will be deemed to be retired as of the date of the member's death if, on or before the 60th day following that date of death or the effective date of this law, whichever is later, the surviving beneficiary makes that request in writing to the board. Upon approval of the board, the request will become irrevocable and the survivors will receive all benefits due to survivors of an ordinary disability retiree of the retirement system; provided, however, that the surviving beneficiary repays to PFRS the member's aggregate contributions at the time of death which the surviving beneficiary received.

The law is retroactive to May 1, 1997.

Chapter 52, Public Law of 1998

Date Approved: July 10, 1998

Effective Date: This act shall take effect immediately.

Under prior law, if the members of the Employees' Retirement System (ERS) of Passaic County opt to join the Social Security system, the Passaic County ERS would be terminated and they would be forced to enroll in the Public Employees' Retirement System (PERS).

This law would allow members of the Passaic County ERS to join the Social Security system without having their county fund terminated. The Passaic County ERS would be divided into two divisions, one composed of members who desire Social Security coverage and the other composed of members who do not want that coverage.

Chapter 44, Public Law of 1998

Date Approved: June 30, 1998

Effective Date: This act shall take effect sixty days after enactment, except that any appointment or any personnel activity consistent with the purposes of this act may be made prior to that date.

Generally, this act abolishes the Department of Commerce and Economic Development and creates the New Jersey Commerce and Economic Growth Commission.

The Commission is established in the Executive Branch of State government and the Chief Executive Officer and Secretary of the Commission is a cabinet level officer. The act allocates the Commission to the Department of the Treasury, but shall be independent of any supervision and control by Treasury.

Section 7 of the bill states that employees of the commission shall be enrolled in the Public Employees' Retirement System and shall be eligible to participate in the State Health Benefits Program. The commission could, however, elect to provide health benefits for its employees through private insurance policies, hospital and medical service corporations, health maintenance organizations, or any other manner available for the provision of health benefits, provided that the types of benefits shall not provide less coverage than those benefits provided to other State employees.