[Adopted 1-1-2010 by Ord. No. 09-13 (Ch. 36, Art. III, of the 1985 Code)]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Pursuant to N.J.S.A. 43:15C-2, the following positions are deemed to be eligible to participate in the Defined Contribution Retirement Program:
A. 
Department heads or directors appointed by the Mayor, subject to the advice and consent of the Township Council.
B. 
Legal counsel for the Township or any board thereof.
C. 
Municipal Engineer.
D. 
Municipal Prosecutor.
E. 
Municipal Court Judge.
Individuals serving in the following certified positions, if any, are exempt from Defined Contribution Retirement Program membership, pursuant to N.J.S.A. 43:15C-2:
A. 
Certified Health Officer.
B. 
Tax Collector.
C. 
Chief Financial Officer.
D. 
Construction Code Official.
E. 
Tax Assessor.
F. 
Registered Municipal Clerk.
G. 
Licensed Uniform Subcode Inspector.
H. 
Municipal Planner.
I. 
Qualified Purchasing Agent.
J. 
Certified Public Works Manager.
If an individual is appointed to one of the positions listed in § 65-10 and the individual is not serving in a position as described in § 65-11 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:
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 § 65-11 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.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The provisions of this Article III are subject to the applicability of all state laws impacting the Township’s Defined Contribution Retirement Program, and such provisions shall supersede said provisions as may be required by law.