[HISTORY: Adopted by the Common Council of the City of Beverly as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-9-2008 by Ord. No. 2008-11]
Pursuant to N.J.S.A. 43:15C-2, the following positions are deemed to be eligible for and shall participate in Defined Contribution Retirement Program:
A. 
Common Council members sworn in on or after July 1, 2007, unless previously enrolled in the Public Employee Retirement System (PERS) as an elected official prior to July 1, 2007.
B. 
City 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, as a salaried employee, 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:
A. 
Tax Collector;
B. 
Chief Financial Officer;
C. 
Construction Code Official;
D. 
Qualified Purchasing Agent;
E. 
Tax Assessor;
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 § 63-1 and the individual is not serving in a position as described in § 63-2 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 § 63-2 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.