[HISTORY: Adopted by the Mayor and Council
of the Borough of South River as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-9-1969 by Ord. No. 1969-20 (Ch. 41 of the 1977 Code); amended 2-2-1988 by Ord. No. 1988-1;
amended in its entirety at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A pension, payable from public funds, is hereby
established for the surviving spouse, children of any volunteer fire
fighter, rescue squad or EMS worker who has died or shall have died
as the result of injuries sustained in the course of performance of
duty as a member of the South River Fire Department or South River
Rescue Squad pursuant to the provisions of N.J.S.A. 43:12-28.1 et
seq.
The pension established pursuant to this article
shall be in the amount of $5,000 annually and shall be paid to the
surviving spouse during her/his widowhood/widowerhood, or to the minor
child or children of such fire fighter, rescue squad members, and
EMS worker if he/she leaves no surviving spouse or to such minor child
or children after the death of such surviving spouse.
For the purpose of this article, said pension
shall only be payable after the submission to the governing body of
the Borough satisfactory proof that said volunteer fire fighter or
rescue squad worker suffered a fatality as a direct and proximate
result of fighting a fire, or related line of duty death while performing
their fire fighter, rescue squad, and EMS duties within or without
the Borough while acting as a member of a volunteer fire company and
rescue squad.
The pension shall be in the amount of $5,000
annually and shall be paid to the surviving spouse during her/his
widowhood/widowerhood.
[Adopted 8-11-2008 by Ord. No. 2008-29]
B.
Individuals serving in the following positions are
exempt from Defined Contribution Retirement Program membership, pursuant
to N.J.S.A. 43:15C-2:
C.
If an individual is appointed to one of the positions listed in Subsection A and the individual is not serving in a position as described in Subsection B 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:
(1)
Was an active participant in the Public Employee Retirement
System on July 1, 2007, and continuously since that time; or
(2)
Has been appointed pursuant to a valid promotional
process; or
(3)
Is appointed on a temporary, interim or acting basis to a position requiring state certification, as set forth in Subsection B herein, and is in pursuit of the required certification; or
(4)
Meets such other exceptions that may be approved by
the Local Finance Board or the Division of Pensions and Benefits.
D.
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.
E.
Should any part or parts of this article be held to
be invalid by any competent court of law, such invalidity shall only
affect the part or parts held to be invalid, and all other parts shall
remain in effect.
F.
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.
