[HISTORY: Adopted by the Township Council of the Township of East Hanover as indicated in article histories. Amendments noted where applicable.]
Article I Defined Contribution Retirement Program
[Adopted 8-6-2008 by Ord. No. 15-2008]
Township personnel are eligible for enrollment in various state pension programs, including the Public Employees Retirement System (PERS), Defined Contribution Retirement Program (DCRP) and Police and Firemen's Retirement System (PFRS).
Unless otherwise exempted, the following persons shall be eligible and shall participate in the Defined Contribution Retirement Program:
A person commencing service as Mayor or a member of the Township Council after July 1, 2007, or any elected official who commenced service in such position prior to that time but was out of office on any day after July 1, 2007, or who was not enrolled in PERS on any date after July 1, 2007.
Any person appointed to a position within the Township whose appointment requires the consent of the Township Council except:
Routine appointments below the level of Department Head.
Persons holding a professional license or certificate to perform and is performing as a Certified Health Officer, Tax Assessor, Tax Collector, Municipal Planner, Chief Financial Officer, Registered Municipal Clerk, Construction Code Official, Licensed Uniform Subcode Inspector, Qualified Purchasing Agent or Certified Publics Work Manager who is the Principal Public Works Manager.
A person who is appointed to a temporary or "acting" capacity to one of the positions identified in Subsection B(2) above, provided that employment is for a limited term in order to give the person the opportunity to obtain the required certification.
In the event a person has more than one position within the Township and one position is DCRP mandated and the other is not, the person's salary shall be prorated between the positions to effectuate this article.
Any Township personnel eligible to be enrolled in or who is enrolled in PFRS.
Any person who is granted a pension or retirement allowance established by the State of New Jersey who chooses to participate in the DCRP pursuant to N.J.S.A. 43:3C-3 upon being elected to public office.
To the extent any individual otherwise eligible for the DCRP is enrolled in the Teachers Pension and Annuity Fund or PERS and is subject to the annual maximum wage contribution base for social security, that individual is eligible only for the excess compensation, if any, over such maximum wage contribution.
The requirements for enrollment in the DCRP set forth in this article are not applicable to any of the following:
Any person appointed to a position within the Township who has, at the time of appointment, been a member of PERS continuously. "Continuously" shall mean that the individual was a member of PERS prior to July 1, 2007, and for whom a period of no more than two years has elapsed from the time the individual left prior employment in a PERS position until the person was employed by the Township.
Township personnel who are members of PERS who are promoted to a position defined as requiring DCRP enrollment, except that an individual hired in a PERS position with the intention of circumventing the DCRP requirements shall not be eligible to remain as a PERS enrollee rather than DCRP.
The following persons shall not be eligible to participate in DCRP:
A person whose base salary for the employment, office or position is less than $1,500 per year.
A person who is eligible by virtue of the position in question for enrollment as a member of another state or locally administered pension fund or retirement system established by the state, unless otherwise mandated by this article to participate in DCRP.
A person who is receiving benefits as a retiree from any other state pension fund or retirement system, unless that person elects to participate in DCRP pursuant to N.J.S.A. 43:3C-3.
A person who is ineligible for membership in PERS by virtue of being a person appointed to a position by a professional services resolution.
The following persons may waive participation in DCRP:
Any person whose base salary in less than $5,000 may, at the commencement of service in a particular employment, office or position, irrevocably waive participation with regard to that employment, office or position by filing the forms required by the State of New Jersey.
Any person eligible to participate by virtue of § 46-2D, may elect to waive participation with regard to that particular employment, office or position by filing, when first eligible, the form required by the State of New Jersey. This shall not be irrevocable, and the person can elect to participate thereafter by filing the required form, which election shall commence January 1 following the filing of the election to participate.
Subject to the foregoing exceptions, exclusions and waivers, the following positions within the Township of East Hanover shall be deemed to be within the requirements for DCRP participation: Township Administrator; Chief of the Volunteer Fire Department; Superintendent of Public Utilities; Superintendent of Recreation; Administrator of the Municipal Court; Judge of the Municipal Court; Municipal Prosecutor; Director of Land Use.