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. Township Committee members sworn in on or after July 1, 2007, unless
previously enrolled in PERS as an elected official prior to July 1,
2007.
B. Township Administrator, if appointed or promoted on or after July
1, 2007, unless previously enrolled in PERS prior to July 1, 2007.
C. Department heads, if appointed or promoted on or after July 1, 2007,
unless previously enrolled in PERS prior to July 1, 2007, subject
to the guidelines for exclusions set forth in N.J.S.A. 43:15C-2 et
seq. and Local Finance Notice (LFN) 2008-10.
D. Municipal Court Judge, Municipal Prosecutor and Municipal Attorney
if appointed on or after July 1, 2007, unless previously enrolled
in PERS prior to July 1, 2007, subject to the guidelines for exclusions
set forth in N.J.S.A. 43:15C-2 et seq. and LFN 2008-10, including
but not limited to exclusions for individuals appointed through a
professional services agreement.
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;
D. Qualified Purchasing Agent;
F. Registered Municipal Clerk;
G. Licensed Uniform Subcode Inspector;
H. Principal Public Works Manager.
If an individual is appointed to one of the positions listed in §
84-33 and the individual is not serving in a position as described in §
84-34, above, the Pension Certifying Officer 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 §
84-34 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.
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.
A copy of this article shall be filed with the Director of the
Division of Pensions and Benefits of the New Jersey Department of
the Treasury.