Pursuant to N.J.S.A. 43:15C-2, the following positions are deemed
eligible and shall, if qualified under applicable rules, participate
in the Defined Contribution Retirement Program:
E. Department heads as required by law.
Individuals serving in the following positions are exempt from
Defined Contribution Retirement Program membership pursuant to N.J.S.A.
43:15C-2:
C. Construction Code Official.
E. Registered Municipal Clerk.
F. Licensed Uniform Subcode Inspectors.
G. Principal Public Works Manager.
Notwithstanding the above, if an individual is appointed to one of the positions listed in §
40-5, above, and not serving in one of the positions listed in §
40-6, above, the Pension Certifying Officer of the Borough may, nevertheless, determine that the individual is not required to join the Defined Contribution Retirement Benefit Program if that individual:
A. Was an active participant in the Public Employee Retirement System
on July 1, 2007, and continuously remained a participant 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 and is in pursuit of such required certification;
or
D. Meets such other exception 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 regulation or guidance
documents from the Local Finance Board or the Division of Pension
and Benefits.
A copy of this article shall be filed with the Director of the
Division of Pensions and Benefits of the New Jersey Department of
Treasury.