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 Board of Commissioners of the Borough of Wildwood Crest
has considered the guidelines issues by the Local Finance Board; and
ordains as follows.
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. Commissioner who is newly elected or returning to elective office
after an interruption in service;
G. Municipal Public Defender.
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;
F. Registered Municipal Clerk;
G. Licensed Uniform Subcode Inspector;
H. Superintendent of Public Works;
I. Municipal Court Administrator.
If an individual is appointed to one of the positions listed in §
46-34 and the individual is not serving in a position as described in §
46-35 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; (1) was an active participant in the Public Employee Retirement System on July 1, 2007 and continuously since that time; or (2) has been appointed pursuant to a valid promotional process; or (3) is appointed on a temporary, interim, or "acting" basis to a position requiring State Certification as set forth in §
46-35 herein, and is in pursuit of the required certification; or (4) meets such other exceptions that may be approved by the Local Finance Board or the Division of Pensions and Benefits.
This ordinance 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.
Should any part or parts of this ordinance be held to be invalid
by any competent court of law, such invalidity shall only affect the
part or parts held to be invalid, and all other parts shall remain
in effect.
A copy of this ordinance shall be filed with the Director of
the Division of Pensions & Benefits of the New Jersey Department
of the Treasury and the Local Finance Board of the Department of Community
Affairs.