Township of Toms River, NJ
Ocean County
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Table of Contents
Table of Contents
[[1]HISTORY: Adopted by the Mayor and Township Council of the Township of Toms River as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Township Council — See Ch. 5.
Office of the Mayor — See Ch. 10.
Office of the Municipal Clerk — See Ch. 14.
Office of the Tax Assessor — See Ch. 19.
Office of the Municipal Public Defender — See Ch. 62.
Office of Municipal Prosecutor — See Ch. 64.
Employee regulations and benefits — See Ch. 104.
[1]
Former Ch. 141, Veterans Commission, adopted 5-25-1975 by Ord. No. 1566; renumbered 1-24-1978 by Ord. No. 1713, as amended, was superseded 6-22-2004 by Ord. No. 3884-04. See now §§ 76-2 through 76-9.
[Adopted 8-12-2008 by Ord. No. 4148-08]

§ 141-1 Eligible positions.

Pursuant to N.J.S.A. 43:15C-2, the following positions are deemed to be eligible for and shall participate in the Defined Contribution Retirement Program:
A. 
Mayor.
B. 
Elected members of the Township Council.
C. 
All department heads.
D. 
The Township Attorney.
E. 
The Township Engineer.
F. 
All Municipal Prosecutors.
G. 
Judges of the Municipal Court.
H. 
Appointed members of all local authorities created by the municipality and subject to the Fiscal Control Law, N.J.S.A. 40A:5A-1 et seq.
I. 
Assistant Township Attorneys.
[Added 5-25-2010 by Ord. No. 4259-10]
J. 
Assistant Township Engineers.
[Added 5-25-2010 by Ord. No. 4259-10]

§ 141-2 Exempt positions.

Individuals serving in the following positions are exempt from Defined Contribution Retirement Program membership, pursuant to N.J.S.A. 43:15C-2:
A. 
Municipal Certified Health Officer.
B. 
Municipal Tax Collector.
C. 
Chief Financial Officer.
D. 
Construction Code Official.
E. 
Qualified Purchasing Agent.
F. 
Municipal Tax Assessor.
G. 
Municipal Planner.
H. 
Registered Municipal Clerk.
I. 
Licensed Uniform Subcode Inspector.
J. 
Principal Public Works Manager.

§ 141-3 Exceptions.

If an individual is appointed to one of the positions listed in § 141-1 and the individual is not serving in a position as described in § 141-2 above, the Pension Certifying Officer of the municipality may determine that the individual is not required to join the Defined Contribution Retirement Program if that individual:
A. 
Was an active participant in the Public Employee Retirement System on July 1, 2007, and continuously since that time; or
B. 
Has been appointed pursuant to a valid promotional process; or
C. 
Is appointed on a temporary, interim, or acting basis to a position requiring state certification as set forth in § 141-2 herein, and is in pursuit of the required certification; or
D. 
Meets such other exceptions that may be approved by the Local Finance Board or the Division of Pensions and Benefits.

§ 141-4 Applicability of other provisions.

This article shall be implemented, construed and subject to the aforesaid Chapter 92 of the Laws of 2007 (N.J.S.A. 43:15C-1 et seq.) as amended from time to time, and any regulations or guidance documents from the Local Finance Board or the Division of Pensions and Benefits.

§ 141-5 Filing of article.

A copy of this article shall be filed with the Director of the Division of Pensions and Benefits of the New Jersey Department of the Treasury.
[Adopted 5-25-2010 by Ord. No. 4260-10]

§ 141-6 Positions subject to restrictions.

The following positions are deemed subject to the restrictions on supplementary compensation for accumulated unused sick leave imposed by N.J.S.A. 40A:9-10.2:
A. 
Mayor.
B. 
Elected members of the Township Council.
C. 
All department heads.
D. 
Township Attorney and Assistant Township Attorneys.
E. 
Township Engineer and Assistant Township Engineers.
F. 
Municipal Prosecutors.
G. 
Judges of the Municipal Court.
H. 
Appointed members of all local authorities created by the municipality and subject to the Local Fiscal Control Law, N.J.S.A. 40A:5A-1 et seq.

§ 141-7 Exempt positions.

Pursuant to N.J.S.A. 40A:9-10.2, the following positions are exempt from those restrictions:
A. 
Municipal Certified Health Officer.
B. 
Municipal Tax Collector.
C. 
Chief Financial Officer.
D. 
Construction Code Official.
E. 
Qualified Purchasing Agent.
F. 
Municipal Tax Assessor.
G. 
Municipal Planner.
H. 
Registered Municipal Clerk.
I. 
Licensed Uniform Subcode Inspector.
J. 
Principal Public Works Manager.

§ 141-8 Applicability of other provisions.

This article shall be implemented, construed and subject to N.J.S.A. 40A:9-10.2, as amended from time to time, and any regulations or guidance from the Local Finance Board or the Division of Pensions and Benefits.

§ 141-9 Filing of article.

A copy of this article shall be filed with the Division of Pensions and Benefits.