Borough of Wenonah, NJ Chapter 18C Defined Contribution Retirement Program

[HISTORY: Adopted by the Mayor and Council of the Borough of Wenonah 1-28-2010 as Ordinance No. O-2010-02. Amendments noted where applicable.]

§ 18C-1 Preamble.

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 municipality adopt an 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; and

The Mayor and Council of the Borough of Wenonah has considered the guidelines issued by the Local Finance Board.

§ 18C-2 Eligible positions.

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. Elected officials;

B. Township Administrator;

C. Department heads;

D. Municipal Court Judge;

E. Appointed members of local authority Board of Commissioners pursuant to N.J.S.A. 40A:5A-1 et seq.; and

F. Gubernatorial appointees who serve in local municipal government.

§ 18C-3 Exempt positions.

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;

B. Municipal Tax Collector;

C. Chief Financial Officer;

D. Construction Code Official;

E. Qualified Purchasing Agent;

F. Municipal Tax Assessor;

G. Registered Municipal Clerk;

H. Licensed Uniform Subcode Inspector; and

I. Certified and/or Principal Public Works Manager.

§ 18C-4 Ineligible positions.

The following positions are not eligible for the Defined Contribution Retirement Plan as said positions receive compensation pursuant to a professional services resolution and/or Agreement:

A. Municipal Attorney; Municipal Zoning Board Attorney; and Municipal Planning Board Attorney;

B. Municipal Engineer; and

C. Municipal Prosecutor.

§ 18C-5 Additional exempt positions.

If an individual is appointed to one of the positions listed in Section 18C-2 and the individual is not serving in a position as described in Section 18C-3 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 Section 18C-3 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 Pension and Benefits.

§ 18C-6 Implementation of Program.

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.