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:
B. Director of the Department of Utilities and Director
of the Department of Recreation, Senior and Veteran Services;
Individuals serving in the following positions
are exempt from Defined Contribution Retirement Program membership,
pursuant to N.J.S.A. 43:15C-2:
A. Certified Health Officer;
D. Construction Code Official;
F. Registered Municipal Clerk;
G. Licensed Uniform Subcode Inspector;
H. Certified Public Works Manager.
If an individual is appointed to one of the positions listed in §
22-1 and the individual is not serving in a position as described in §
22-2 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 §
22-2 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.
This chapter shall be implemented, construed
and subject to 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.
Should any part or parts of this chapter 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.
A copy of this chapter shall be filed with the
Director of the Division of Pensions and Benefits of the New Jersey
Department of the Treasury.
This chapter shall take effect upon its passage
and publication as required by law.