Township of Lacey, NJ Chapter 101 Retirement

[HISTORY: Adopted by the Township Committee of the Township of Lacey as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Officers and employees — See Ch. 79.

Personnel policy — See Ch. 85.

Article I Defined Contribution Retirement Program

[Adopted 3-26-2009 by Ord. No. 2009-08]

§ 101-1 Participation required for eligible positions.

A. 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:

(1) Township Administrator;

(2) Municipal Court Judge;

(3) Community Development Director;

(4) Recreation Director;

(5) Municipal Alliance Committee Director;

(6) Township Attorney, if appointment is made for the position as an employee and is not compensated pursuant to a professional services contract;

(7) Township Engineer, if appointment is made for the position as an employee and is not compensated pursuant to a professional services contract;

(8) Municipal Prosecutor, if appointment is made for the position as an employee and is not compensated pursuant to a professional services contract.

B. The designation of the positions delineated above applies to appointees of those positions who have not had continuous membership in the Public Employees Retirement System (PERS) prior to July 1, 2007, pursuant to N.J.S.A. 43:15C-1 et seq.

§ 101-2 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):

A. Township Clerk;

B. Chief Financial Officer;

C. Tax Collector;

D. Tax Assessor;

E. Construction Code Official;

F. All Subcode Officials;

G. All Uniform Construction Code Inspectors;

H. Municipal Court Administrator;

I. Certified Public Works Manager.

§ 101-3 Exceptions.

If an individual is appointed to one of the positions listed in § 101-1 and the individual is not serving in a position described in § 101-2 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:

A. Was an active participant in the Public Employees 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 § 101-2 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.

§ 101-4 Legislative authority; continued membership in PERS.

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. Employees currently in positions that would be covered by the DCRP who have been continuous members of the Public Employees Retirement System prior to July 1, 2007, may continue membership in the PERS.