Township of Harrison, NJ Chapter 56 Retirement

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

GENERAL REFERENCES

Court — See Ch. 11.

Officers and employees — See Ch. 43.

Personnel policies — See Ch. 50.

Article I Defined Contribution Retirement Program

[Adopted 10-6-2008 by Ord. No. 25-2008]

§ 56-1 Eligible positions.

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. Elected officials;

B. Township Administrator;

C. Department heads;

D. Municipal Court Judge;

E. Appointed members of local authority Board of Commissioners pursuant to N.J.S.A. 40A:5A-1 et seq.; and

F. Gubernatorial appointees who serve in local municipal government.

§ 56-2 Exempt positions.

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;

B. Municipal Tax Collector;

C. Chief Financial Officer;

D. Construction Code Official;

E. Qualified Purchasing Agent;

F. Municipal Tax Assessor;

G. Registered Municipal Clerk;

H. Licensed Uniform Subcode Inspector; and

I. Certified and/or Principled Public Works Manager.

§ 56-3 Ineligible positions due to compensation.

The following positions are not eligible for the Defined Contribution Retirement Plan as said positions receive compensation pursuant to a professional services resolution and/or agreement:

A. Municipal Attorney; Municipal Zoning Board Attorney; and Municipal Planning Board Attorney;

B. Municipal Engineer; and

C. Municipal Prosecutor.

§ 56-4 Exception.

If an individual is appointed to one of the positions listed in § 56-1 and the individual is not serving in a position as described in § 56-2 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 § 56-2 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 Pension and Benefits.

§ 56-5 Applicability of other provisions.

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.

§ 56-6 Filing of article.

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.