[HISTORY: Adopted by the Mayor and Council of the Borough of Fanwood as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-5-2008 by Ord. No. 08-10R]
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 Borough to adopt an ordinance for the purpose of determining 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 Mayor and Council of the Borough of Fanwood have considered the guidelines issues by the Local Finance Board.
Individuals serving in the following positions are exempt from Defined Contribution Retirement Program membership, pursuant to N.J.S.A. 43:15C-2:
A. 
Borough Tax Collector.
B. 
Borough Chief Financial Officer/Treasurer.
C. 
Borough Construction Official.
D. 
Borough Tax Assessor.
E. 
Registered Municipal Clerk.
F. 
Licensed Uniform Sub-Code Inspectors.
G. 
Principal Borough Public Works Manager.
If an individual is appointed to one of the positions listed in § 83-2 above and the individual is not serving in a position as described in § 83-3 above, the Pension Certifying Officer of the Borough 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 § 83-3 above 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.
This article shall be implemented, construed and subject to 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.