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 subject to the various exclusions and special circumstances describe in Chapter
92, P.L. 2007, and in LFN 2008-10 and Fact Sheet #80:
A. The Township Council members if sworn in on or after July 1, 2007,
unless previously enrolled in PERS as an elected official 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 and Fact Sheet #80.
B. Business Administrator, 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 LFN 2008-10 and Fact Sheet #80.
C. Department heads, if appointed or promoted by the governing body
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 LFN 2008-10 and Fact Sheet #80.
D. Municipal Court Judge, Municipal Prosecutor and Municipal Attorney
if appointed 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 LFN 2008-10 and Fact Sheet
#80, including but not limited to exclusions for individuals appointed
through a professional services agreement.
E. Appointed members of local authority Board of Commissioners (subject
to N.J.S.A. 40A:5A-1 et seq.).
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.
D. Qualified Purchasing Agent.
G. Registered Municipal Clerk.
H. Licensed Uniform Subcode Inspector.
I. Principal Public Works Manager.
If an individual is appointed to one of the positions listed in §
5-11 and the individual is not serving in a position as described in §
5-12 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
prior to 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 §
5-13 herein, and is in pursuit of the required certification; or
D. Is subject to any of the guidelines for exclusions set forth by the
Division of Pension and Benefits, in N.J.S.A. 43:15C-2 et seq. and
LFN 2008-10 and Fact Sheet #80.
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.