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City of Garfield, NJ
Bergen County
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Table of Contents
Table of Contents
Code
New Laws (11) Index Notes (1)
[HISTORY: Adopted by the City Council of the City of Garfield as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 39.
Personnel regulations — See Ch. 44.
[Adopted 1-26-2010 by Ord. No. 2570]
Pursuant to N.J.S.A. 43:15C-2, the following positions are deemed to be eligible for and shall participate in the DCRP:
A. 
Water and Sewer Facility Manager.
Individuals that are otherwise required to join the DCRP are excused from membership if that individual:
A. 
Is a Public Employees Retirement System ("PERS") member prior to July 1, 2007, and continuously thereafter. "Continuously" means that a period of no more than two years has elapsed from the time the individual left employment in a PERS position to the time the person was unemployed; or
B. 
Is eligible for membership or enrolled in another pension program; or
C. 
Is retired and receiving benefits from another state pension plan; or
D. 
Is otherwise ineligible to join PERS; or
E. 
Receives a salary which is less than $1,500 per fiscal year.
Individuals holding a professional license or certificate to perform services in any of the following positions are exempt from DCRP membership, pursuant to N.J.S.A. 43:15C-2, and are qualified to join or remain in the PERS:
A. 
City Manager.
B. 
Tax Collector.
C. 
Court Administrator.
D. 
Chief Financial Officer.
E. 
Construction Code Official.
F. 
Tax Assessor.
G. 
Registered Municipal Clerk.
H. 
Licensed Uniform Subcode Inspector.
I. 
DPW Superintendent.
J. 
City Clerk.
If an individual is appointed to one of the positions listed in § 58-1 and the individual is not serving in a position as described in § 58-3 above, the City's Pension Certifying Officer may determine that the individual is not required to join the DCRP if that individual was an active participant in the PERS on July 1, 2007, and continuously since that time; or
A. 
Has been appointed pursuant to a valid promotional process; or
B. 
Is appointed on a temporary, interim, or "acting" basis to a position requiring state certification as set forth in § 58-3 herein, and is in pursuit of the required certification; or
C. 
Meets such other exceptions that may be approved by the Local Finance Board or the Division of Pensions and Benefits.
A. 
An individual earning less than $5,000 per fiscal year who is eligible for DCRP membership can decide to waive participation in the DCRP. This decision is irrevocable for elected officials.
B. 
Membership in the DCRP shall be effective as of July 1, 2007 based upon the above criteria.
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 and Benefits of the New Jersey Department of the Treasury.