Borough of South River, NJ
Middlesex County
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Table of Contents
Table of Contents
[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)]

§ 63-1 Pension for spouse and surviving children established.

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.

§ 63-2 Amount of pension.

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.

§ 63-3 Proof of fatality.

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.

§ 63-4 Annual payment.

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]

§ 63-5 Participation required for eligible positions; exempt positions; general provisions.

A. 
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:
(1) 
Business Administrator;
(2) 
Recreation Director;
(3) 
Director of Office on Aging;
(4) 
Municipal Court Judge;
(5) 
Municipal Prosecutor.
B. 
Individuals serving in the following positions are exempt from Defined Contribution Retirement Program membership, pursuant to N.J.S.A. 43:15C-2:
(1) 
Tax Collector;
(2) 
Chief Financial Officer;
(3) 
Construction Code Official;
(4) 
Tax Assessor;
(5) 
Registered Municipal Clerk;
(6) 
Licensed Uniform Subcode Inspector;
(7) 
Principal Public Works Manager.
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.