[HISTORY: Adopted by the Mayor and Council
of the Borough of Middlesex as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 40.
[Adopted 3-11-1969 by Ord. No. 505]
[Amended 3-14-1972 by Ord. No. 590]
Pursuant to N.J.S.A. 43:12-28.1, as amended
by the Laws of 1968, the Borough of Middlesex shall pay a pension
of $5,000 annually to the widow or minor children of any volunteer
fireman, First Aid Squad worker or Rescue Squad worker of the Borough
of Middlesex who shall have died as a result of injury sustained in
the course of the performance of his duties as a member of the Volunteer
Fire Department, First Aid Squad or Rescue Squad of the Borough of
Middlesex.
[Amended 3-14-1972 by Ord. No. 590]
The Borough of Middlesex shall make suitable
provisions in its budget for the payment of the pensions provided
by this chapter in the manner that payment is made to municipal employees
in general.
[Added 2-24-2004 by Ord. No. 1606-04]
When the Governing Body of the Borough of Middlesex
determines that a widow or children or parent are eligible for a survivor’s
pension, a certified copy of the resolution shall be file by the municipal
clerk with the State Treasurer within 10 days of adoption, and the
state shall provide for payment of the survivor’s pension, starting
in the first calendar year next following the year of death of the
volunteer or the next following the year in which P.L. 2002, Chapter
134 is enacted, whichever is later.[1]
[1]
Editor's Note: P.L. 2002, Chapter 134, effective
1-9-2003, provided for state payment of the survivor's pension for
a volunteer firefighter or emergency services worker who suffers accidental
death while on duty on or after January 1, 2000.
[Adopted 9-9-2008 by Ord. No. 1741]
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.
Borough Administrator.
B.
Department heads who occupy positions filled by action
of the governing body and will report directly to an elected official
or to the chief administrative officer of the Borough of Middlesex.
C.
Borough Attorney.
D.
Borough Prosecutor.
E.
Municipal Court Judge or Judges.
A.
Individuals serving in the following positions are
exempt from Defined Contribution Retirement Program membership, pursuant
to N.J.S.A 43:15C-2:
B.
If an individual is appointed to one of the positions listed in § 76-4 and the individual is not serving in a position as described in § 76-5A 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 § 76-5A 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.
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.
