[HISTORY: Adopted by Council of the Township of Montclair as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-8-2009 by Ord. No. O-066-09]
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:
Assistant Township Attorney.
Municipal Court Judge.
Director of Community Services.
Director of Health and Human Services.
Director of Planning and Community Development.
Director of Recreation and Cultural Affairs.
Director of Administrative/Code Enforcement/Environmental Affairs.
Director of Utilities.
Notwithstanding § 53-1 above, any individual who holds a professional license or certificate and is serving in any of the following positions is exempt from membership in the Defined Contribution Retirement Program, pursuant to N.J.S.A. 43:15C-2:
If an individual is appointed to one of the positions listed in § 53-1 and the individual is not serving in a position as described in Subsection A above, the Pension Certifying Officer of the Township may determine that the individual is not required to join the Defined Contribution Retirement Program if that individual:
Was an active participant in the Public Employee Retirement System on July 1, 2007, and has been continuously since that time; or
Has been appointed pursuant to a valid promotional process; or
Is appointed on a temporary, interim or acting basis to a position requiring state certification as set forth in Subsection A herein and is in pursuit of the required certification; or
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 issued by the Local Finance Board or the Division of Pensions and Benefits.