Break in Service Bill faces delay despite prior legislative support

Sean M. Spiller President - New Jersey Education Association
Sean M. Spiller President - New Jersey Education Association
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On May 22, the Break in Service Bill, known as S2078/A1675, did not advance through the New Jersey state legislature. This outcome occurred despite previous support from both chambers of the Statehouse.

Current law states that if a public employee experiences a break in service exceeding two years, they lose membership in the pension system. Upon return, these employees are placed into Tier 5 regardless of prior higher-tier credit. This results in a significant pension reduction and affects those who take extended leaves for family reasons. The Break in Service Bill aims to address this issue.

NJEA Secretary-Treasurer Petal Robertson and Government Relations Committee Chair Tina Dare expressed disappointment over the bill’s stagnation. Both have led efforts to advocate for its passage into law.

Robertson stated: “Like all working people, educators deserve the dignity of economic security… We expect the lawmakers in Trenton to treat educators with respect and transparency, and this bill will, when passed, be an important step in that direction.”

Robertson also voiced frustration: “Unfortunately, that’s not happening right now… I have to wonder if this hold-up would occur if this bill stood to help as many men as it did women.”

Dare added: “What’s worse is that the bill has previously passed unanimously in both the Assembly and Senate… It’s time for a change, and we look forward to the day when this bill becomes law.”

Dare emphasized gender equity concerns: “Our political leaders have a real chance to help our state take a critical step forward toward gender equity… Here in New Jersey, we expect more from a Legislature that values equal pay for equal work.”

Robertson concluded by urging legislative action: “We pride ourselves on working with legislative leaders to solve complex problems while keeping the state’s costs down… There should be no hesitation around passing this bill.”

Dare reiterated her call for prioritizing gender equity: “This bill would correct and close a devastating loophole and, in doing so, help countless women and their families. We’re calling on Trenton to prioritize gender equity and pass the Break in Service Bill during their next session.”



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