“Board” means the New Jersey Secure Choice Savings Board established pursuant to this act.

“Department” means the Department of the Treasury.

“Employee” means any individual who is 18 years of age or older, who lives in this State or is employed by an employer in this State, and whose wages are subject to withholding as provided in the “New Jersey Gross Income Tax Act,” N.J.S. 54A:1-1 et seq. For the purposes of this act, an employee who is co-employed by an employee leasing company or professional employer organization and a client company pursuant to an employee leasing agreement or professional employer agreement, as such terms are defined in section 1 of P.L.2001, c.260 (C. 34:8-67), shall be treated as employed by the client company and not by the employee leasing company or professional employer organization.

“Employer” means a person or entity engaged in a business, industry, profession, trade, or other enterprise in New Jersey, whether for profit or not for profit, that has at no time during the previous calendar year employed fewer than 25 employees in the State, has been in business at least two years, and has not offered a qualified retirement plan, including, but not limited to, a plan qualified under section 401(a), section 401(k), section 403(a), section 403(b), section 408(k), section 408(p), or section 457(b) of the Internal Revenue Code, or a plan sponsored by an employee leasing company or professional employer organization with which the employer has an employee leasing agreement or professional employer agreement as such terms are defined in section 1 of P.L.2001, c.260 (C. 34:8-67), in the preceding two years. “Employer” shall not mean the State, its political subdivisions, any office, department, division, bureau, board, commission or agency of the State or one of its political subdivisions, or any public body in the State.

“Enrollee” means any employee who is enrolled in the program.

“Fund” means the New Jersey Secure Choice Savings Program Fund established pursuant to this act.

“Internal Revenue Code” means the federal Internal Revenue Code of 1986, 26 U.S.C. § 1 et seq., or any successor law, in effect for the calendar year.

“IRA” means a standard Individual Retirement Account under section 408, or a Roth Individual Retirement Account under section 408A, of the Internal Revenue Code.

“Participating employer” means an employer or small employer that provides a payroll deposit retirement savings arrangement as provided under this act for its employees who are enrollees in the program.

“Payroll deposit retirement savings arrangement” means an arrangement by which a participating employer allows enrollees to remit payroll deduction contributions to the program.

“Program” means the New Jersey Secure Choice Savings Program established pursuant to this act.

“Small employer” means a person or entity engaged in a business, industry, profession, trade, or other enterprise in New Jersey, whether for profit or not for profit, that employed less than 25 employees at any one time in the State throughout the previous calendar year, or has been in business less than two years, or both, but that notifies the board that it is interested in being a participating employer.

“Wages” means any compensation within the meaning of section 219(f)(1) of the Internal Revenue Code that is received by an enrollee from a participating employer or employee leasing company or professional employer organization with which the enrollee’s employer has an employee leasing agreement or professional employer agreement as such terms are defined in section 1 of P.L.2001, c.260 (C. 34:8-67) during the calendar year.

L.2019, c.56, s.2.