[Added 6-25-2008 by Ord. No. 1425-2008; amended in its entirety 9-10-2008 by Ord. No. 1437-2008]
Pursuant to N.J.S. 43:15C-2, the following positions are deemed to be eligible for and shall participate in the Defined Contribution Retirement Program:
A. 
Business Administrator;
B. 
Department heads who do not hold titles that are exempt and listed below in Section 85-4;
C. 
Director of Law;
D. 
Municipal Engineer;
E. 
Municipal Prosecutor;
F. 
Municipal Court Judge;
G. 
Public Defender;
H. 
Appointed members of local authority Board of Commissioners (subject to N.J.S. 40A:5A-1 et seq.);
I. 
Elected officials.
Individuals serving in the following positions are exempt from Defined Contribution Retirement Program membership, pursuant to N.J.S. 43:15C-2:
A. 
Tax Collector;
B. 
Chief Financial Officer;
C. 
Construction Code Official;
D. 
Qualified Purchasing Agent;
E. 
Tax Assessor;
F. 
Municipal Planner;
G. 
Registered Municipal Clerk;
H. 
Licensed Uniform Sub-code Inspector;
I. 
Principal Public Works Manager.
If an individual is appointed to one of the positions listed in Section 85-3 and the individual is not serving in a position as described in Section 85-4 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 Section 85-4 herein, and is in pursuit of the required certification; or
D. 
Meets such other exceptions that may be approved by Local Finance Board of the Division of Pensions and Benefits.
A copy of this Article shall be filed with the Director of the Division of Pensions & Benefits of the New Jersey Department of the Treasury.