Township of Mendham, NJ Chapter 65 Retirement

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

GENERAL REFERENCES

Length of service award program — See Ch. 33.

Personnel policies — See Ch. 45.

Article I Defined Contribution Retirement Program

[Adopted 3-9-2009 by Ord. No. 7-2009]

§ 65-1 Eligible positions.

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:

A. Township Administrator;

B. Department Directors;

C. Municipal Attorney;

D. Municipal Engineer;

E. Municipal Prosecutor; and

F. Municipal Court Judge.

§ 65-2 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. Municipal Clerk;

B. Tax Collector;

C. Chief Financial Officer;

D. Construction Official;

E. Qualified Purchasing Agent;

F. Tax Assessor;

G. Principal Public Works Manager; and

H. Municipal Court Administrator.

§ 65-3 Program participation based on certain conditions.

If an individual is appointed to one of the positions listed in § 65-1 and the individual is not serving in a position as described in § 65-2 above, then the Pension Certifying Officer of the municipality may determine that the individual is not required to join the Defined Contribution Retirement Program if any of the following conditions exist:

A. The individual was an active participant in the Public Employee Retirement System on July 1, 2007 and continuously since that time;

B. The individual has been appointed pursuant to a valid promotional process;

C. The individual is appointed on a temporary, interim, or "acting" basis to a position requiring state certification as set forth in § 65-2 herein, and is in pursuit of the required certification; or

D. The individual meets such other exceptions that my be approved by the Local Finance Board or the Division of Pensions and Benefits.

§ 65-4 Implementation.

This article shall be implemented, construed and subject to the N.J.S.A. 43:15-1 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.

§ 65-5 Copy to be filed with state.

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.