Township of East Amwell, NJ Article VI Defined Contribution Retirement Program

[Adopted 8-14-2008 by Ord. No. 08-11]

§ 24-29 Findings and purpose.

A. The State Legislature recently adopted Chapter 92 of the Laws of 2007 (N.J.S.A. 43:15C-1 et seq.) to create the Defined Contribution Retirement Program to provide retirement benefits to various county and municipal officials.

B. N.J.S.A. 43:15C-2 requires the governing body of each county, municipality, and other local entity to adopt, as appropriate, either a resolution or ordinance to determine the positions that are substantially similar in nature to the advice and consent of the Senate for appointments by the Governor of the state, pursuant to guidelines or policy that shall be established by the Local Finance Board in the Department of Community Affairs, and for which officials appointed to such positions shall be eligible for and shall participate in the Defined Contribution Retirement Program, subject to the provisions of law.

C. The Township Committee of the Township of East Amwell has considered the guidelines issues by the Local Finance Board.

§ 24-30 Positions eligible for participation.

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. Municipal Court Judge.

B. Prosecutor.

C. Public Defender.

D. Township Administrator.

§ 24-31 Positions exempt from participation.

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

A. Tax Collector.

B. Chief Financial Officer.

C. Construction Code Official.

D. Qualified Purchasing Agent.

E. Tax Assessor.

F. Registered Municipal Clerk.

G. Licensed Uniform Sub-Code Inspectors.

H. Principal Public Works Manager.

§ 24-32 Exemption from participation.

If an individual is appointed to one of the positions listed in § 24-30 and the individual is not serving in a position as described in § 24-31 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 § 24-31 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.

§ 24-33 Implementation and construction.

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.