[Adopted 10-15-2008 by Ord. No. 2308-08]
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.
N.J.S.A. 43:15C-2 requires the governing body of each county,
municipality, and other local entity to adopt, as appropriate, either
a resolution or ordinance to determine 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.
The Mayor and Council of the Borough of Roselle have considered
the guidelines issued by the Local Finance Board.
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:
B. Non-exempt department heads;
Individuals serving in the following positions are exempt from
Defined Contribution Retirement Program membership, pursuant to N.J.S.A.
43:15C-2:
A. Certified Health Officer;
D. Construction Code Official;
E. Qualified Purchasing Agent;
H. Registered Municipal Clerk;
I. Licensed Uniform Subcode Inspector;
J. Principal Public Works Manager.
If an individual is appointed to one of the positions listed in §
94-4 and the individual is not serving in a position as described in §
94-5 above, the Pension Certifying Officer of the municipality 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 §
94-5 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.