[HISTORY: Adopted by the Township Committee
of the Township of Lacey as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-26-2009 by Ord. No. 2009-08]
A.Â
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)Â
Township Administrator;
(2)Â
Municipal Court Judge;
(3)Â
Community Development Director;
(4)Â
Recreation Director;
(5)Â
Municipal Alliance Committee Director;
(6)Â
Township Attorney, if appointment is made for the
position as an employee and is not compensated pursuant to a professional
services contract;
(7)Â
Township Engineer, if appointment is made for the
position as an employee and is not compensated pursuant to a professional
services contract;
(8)Â
Municipal Prosecutor, if appointment is made for the
position as an employee and is not compensated pursuant to a professional
services contract.
B.Â
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.
Individuals serving in the following positions
are exempt from Defined Contribution Retirement Program membership
pursuant to N.J.S.A. 43:15C-2(a):
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.Â
Was an active participant in the Public Employees
Retirement System on July 1 2007, and continuously since that time;
or
B.Â
Has been appointed pursuant to a valid promotional
process; or
C.Â
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.Â
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. 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.