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WHEREAS, the
President of the United States has authorized the deployment of
United States military forces as part of Operation Noble Eagle and
other related operations in response to the September 11, 2001 attacks
on the World Trade Center and Pentagon, in accordance with law;
and
WHEREAS, the
President may authorize the Secretary of Defense to call up select
members of the Reserve and National Guard to active duty, and may
authorize the Secretary of Transportation to call up members of
the Coast Guard Reserve; and
WHEREAS, Reserve
and National Guard members who are activated during this crisis
will serve vital national and state interests for which they deserve
the full support of the citizens of this State; and
WHEREAS, the
Governor may order certain members of the New Jersey Organized Militia,
including the New Jersey National Guard, to active duty pursuant
to N.J.S.A. 38A:2-4 or N.J.S.A. 38A:2-5; and
WHEREAS, Organized
Militia members, including the New Jersey National Guard, Naval
Militia and State Guard, who may be activated for state active duty
service in support of Operation Noble Eagle and other related operations
in response to the September 11, 2001 attacks on the World Trade
Center and Pentagon pursuant to N.J.S.A. 38A:2-4 will serve a vital
State interest for which they deserve the full support of the citizens
of this State; and
WHEREAS, the
Sexy真人y recognizes that a strong, ready Reserve and
Organized Militia, are essential to the defense of this country
and vital to this State in times of emergency; and
WHEREAS, the
Sexy真人y recognizes the personal and economic sacrifices
of its employees serving in the Reserve, and the Organized Militia,
including the National Guard, who are called to active duty for
or in support of Operation Noble Eagle and other related operations
in response to the September 11, 2001 attacks on the World Trade
Center and Pentagon;
NOW, THEREFORE,
I, Donald T. DiFrancesco, Acting Governor of the Sexy真人y,
by virtue of the authority vested in me by the Constitution and
by the Statutes of this State, do hereby
ORDER and
DIRECT:
1. New Jersey
State employees who are called to federal or state active duty
during Operation Noble Eagle and other related operations in response
to the September 11, 2001 attacks on the World Trade Center and
Pentagon shall be entitled, upon termination of active duty, to
return to State employment with full seniority and benefits consistent
with State and federal military reemployment and seniority rights.
2. During
active duty for the duration of their activation in this crisis,
these State employees shall be entitled to receive a salary equal
to the differential between the employee's State salary and the
employee's military base pay following the exhaustion of statutory
entitlements to full pay.
3. These
State employees shall be entitled to State employee health benefits,
life insurance and pension coverage during active duty service
for which they receive differential salary as prescribed in this
Order as if they were on paid leave of absence.
4. If a
State employee's military base pay is greater than his or her
State salary, such that he or she would not receive differential
pay under paragraph 2 of this Order, that State employee shall,
nonetheless, be entitled to State employee health benefits, life
insurance and pension coverage during active duty service, with
the State employee's contributory portion of those benefits and
programs to be paid by the employee upon his or her return to
State employment, after completion of active duty.
5. The Commissioner
of Personnel shall implement this Executive Order and each department,
office, division, or agency of the State is authorized and directed,
to the extent not inconsistent with law, to cooperate with the
Commissioner of Personnel and to make available to the Commissioner
such information, personnel, and assistance as necessary to accomplish
the purposes of this Order.
6. This
Order shall take effect immediately, and shall apply retroactively
to all State employees who were placed on federal or state active
duty on or after September 11, 2001.
GIVEN,
under my hand and seal
this 26th day of September
in the Year of our our Lord,
Two Thousand and One, and
of the Independence of the United
States, the two hundred and twenty-sixth.
/s/ Donald
T. DiFrancesco
Acting Governor
Attest:
/s/
James A. Harkness
Chief Counsel to the Governor
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