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 if and when an eligible individual
fills the position:
B. The following department heads (unless exempted as
set forth below):
(1) Department head of the Department of Land Use.
(2) Department head of the Department of Finance.
(3) Department head of the Department of Health.
(4) Department head of the Department of Construction.
(5) Department head of the Department of Parks and Recreation.
(6) Department head of the Department of Engineering.
(7) Department head of the Department of Public Works/Water
and Sewer.
(8) Department head of the Department of Social Services.
(9) Department head of the Department of Township Clerk.
E. Municipal Public Defender;
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;
E. Qualified Purchasing Agent;
H. Registered Municipal Clerk;
I. Licensed Uniform Subcode Inspector;
J. Principal Public Works Manager.
If an individual is appointed to one of the positions listed in §
49-15 and the individual is not serving in a position as described in §
49-16 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 §
49-16 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 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.