[HISTORY: Adopted by the Mayor and Council of the Borough of Atlantic Highlands as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-12-2008 by Ord. No. 14-2008]
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, unless the participant elects to waive participation, as permitted:
Elected officials [elected to new positions on and after July 1, 2007].
Positions with principal responsibility of a government function(s), commonly called "department heads" or similar title, that are filled by action of the governing body and who report directly to an elected official(s) or chief administrative officer.
[Amended 1-25-2012 by Ord. No. 01-2012]
Municipal Court Judge.
Any individual whose position requires the specific consent or approval of the elected governing body, for appointment by the Mayor.
Pursuant to N.J.S.A. 43:15C-2, individuals serving in the following positions are exempt from the Defined Contribution Retirement Program membership:
Chief Financial Officer;
Construction Code Official;
Qualified Purchasing Agent;
Registered Municipal Clerk;
Licensed Uniform Subcode Inspector;
Principal Public Works Manager [cited in N.J.S.A. 40A:9-154.6a et seq.]
Any person who is employed or appointed in the regular or normal course of employment or appointment procedures, and consented to or approved in a general or routine manner appropriate for and followed by the Borough Council [includes administrative support and public works rank and file staff].
Pursuant to N.J.S.A. 43:15C-2, if an individual is appointed to one of the positions listed in § 63-1 and the individual is not serving in a position as described in § 63-2 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:
Was an active participant in the Public Employee Retirement System on July 1, 2007 and continuously since that time; or
Is already enrolled in a PERS position that is promoted to an otherwise DCRP position and has been appointed pursuant to a valid promotional process; or
Is appointed on a temporary, interim, or "acting" basis to a position requiring state certification as set forth in § 63-2 herein, and is in pursuit of the required certification; or
Meets such other exceptions that may be approved by the Local Finance Board or the Division of Pensions and Benefits.
Individuals in PERS positions that are appointed to a DCRP position as additional or supplemental responsibilities, one with PERS and one with DCRP applicability, should have a separate salary assigned for each responsibility and membership should be treated accordingly.
Any employee joining PERS or DCRP on and after July 1, 2007 is subject to having any portion of their salary that exceeds the annual maximum wage contribution base for Social Security, deposited into a DCRP account [N.J.S.A. 43:15A-6(r)(2) and 43:15C-2(a)(5)] unless the participant elects to waive participation, as permitted.
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.
A copy of this article shall be filed with the Director of the Division of Pensions & Benefits of the New Jersey Department of the Treasury.