[HISTORY: Adopted by the Township Committee of the Township of Bordentown as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-26-2009 by Ord. No. 2009-03 (Ch. 2.118 of the 2003 Municipal Code)]
[Amended 5-8-2017 by Ord. No. 2017-9]
Except as provided below, 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 ("DCRP"):
A. 
Township Committee members.
B. 
Municipal Court Judge.
Pursuant to N.J.S.A. 43:15C-2, individuals serving in the following positions are exempt from DCRP membership:
A. 
Chief Financial Officer.
B. 
Director of Finance.
C. 
Treasurer.
D. 
Tax Collector.
E. 
Assessor.
F. 
Deputy Assessor.
G. 
Township Clerk (Registered Municipal Clerk).
H. 
Emergency Management Coordinator.
I. 
Deputy Emergency Management Coordinator.
J. 
Construction Official.
K. 
Construction/Zoning/Code Enforcement Official.
L. 
Building Subcode Official.
M. 
Plumbing Subcode Official.
N. 
Fire Subcode Official.
O. 
Electrical Subcode Official Tech.
P. 
Technical Assistant to Construction Official.
Q. 
Director of Community Development.
R. 
Assistant Director of Community Development.
S. 
Court Administrator.
T. 
Deputy Court Administrator.
U. 
Violations Clerk Typing.
V. 
Director of Public Works.
W. 
Supervisor of Public Works.
X. 
Emergency medical technician supervisor.
Notwithstanding the foregoing, in accordance with N.J.S.A. 43:15C-2, if a position is designated as eligible for DCRP and the individual meets any of the following exceptions, the individual is permitted to join or remain in Public Employees' Retirement System ("PERS").
A. 
Notwithstanding the provisions above, the Township may determine that an individual in its organization who is already enrolled in a PERS position that is promoted to an otherwise DCRP position through a valid promotion may remain in PERS. In the event that position is not filled through a promotion, the position remains DCRP. The circumstances surrounding the decision to determine a position as PERS are limited to those where the employees eligible for promotion serve in a legitimate subordinate capacity. Such practices, including hiring an individual in a subordinate PERS position with the purpose of immediately promoting the person to a DCRP position, cannot be used to circumvent the DCRP requirement for the position.
B. 
If a person is appointed to a temporary or interim acting capacity to a DCRP position that otherwise requires a professional license or certification in the list above, the person shall be eligible to join PERS.
C. 
An individual who was a member of PERS prior to July 1, 2007, may continue their PERS membership when appointed to a DCRP position, if the person has continuously been a member since that time. For the purpose of this article, "continuously" means that a period of no more than two years has elapsed from the time the individual left employment in a PERS position to the time the person was reemployed.
This article shall be implemented and construed in accordance with 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.