Township of Stafford, NJ Chapter 43 Retirement

[HISTORY: Adopted by the Township Council of the Township of Stafford as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Officers and employees — See Ch. 35.

Personnel — See Ch. 39.

Article I Defined Contribution Retirement Program

[Adopted 9-2-2008 by Ord. No. 2008-91]

§ 43-1 Eligibility for participation.

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) Township Administrator;

(2) Director of the Water/Sewer Utility;

(3) Chief Animal Control Officer;

(4) Computer Network Administrator;

(5) Recreation Director;

(6) Community Development Director/Zoning Officer;

(7) Municipal Court Judge;

(8) Municipal Alliance Committee Director;

(9) Township Attorney, if the appointment is made for the position as an employee and is not compensated pursuant to a professional services contract;

(10) Township Engineer, if the appointment is made for the position as an employee and is not compensated pursuant to a professional services contract.

B. The designation of the positions delineated above applies to appointees of those positions who have not had continuous membership in the Public Employees Retirement System (PERS) prior to July 1, 2007, pursuant to N.J.S.A. 43:15C-1 et seq.

§ 43-2 Exemptions.

Individuals serving in the following positions are exempt from Defined Contribution Retirement Program membership, pursuant to N.J.S.A. 43:15C-2(a):

A. Chief Financial Officer;

B. Township Clerk;

C. Qualified Purchasing Agent;

D. Tax Collector;

E. Tax Assessor;

F. Construction Code Official;

G. All Subcode Officials;

H. All Uniform Construction Code Inspectors;

I. Municipal Court Administrator;

J. Water/Sewer Utility Superintendent;

K. Assistant Superintendent of the Water/Sewer Utility;

L. All licensed Water/Sewer Utility operators;

M. Fire Prevention Official;

N. Fire Prevention Inspector;

O. Certified Public Works Manager.

§ 43-3 Promotion to eligible position.

If an individual is appointed to one of the positions listed in § 43-1 and the individual is not serving in a position described in § 43-2 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 § 43-2 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.

§ 43-4 Implementation and construal of provisions.

This ordinance 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. Employees currently in positions that would be covered by the DCRP who have been a continuous member of the Public Employees Retirement System prior to July 1, 2007, may continue their membership in PERS.