City of East Orange, NJ Chapter 79 Retirement

[HISTORY: Adopted by the City Council of the City of East Orange as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Administrative organization — See Ch. 5.

Article I Defined Contribution Retirement Program

[Adopted 12-8-2008 by Ord. No. 22-2008 (Ch. 5, Art. L, of the 1980 City Code)]

§ 79-1 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. City Administrator;

B. Corporation Counsel, First Assistant Corporation Counsel and Assistant Corporation Counsel;

C. Chief Municipal Prosecutor and Municipal Prosecutor;

D. Chief Municipal Court Judge, Municipal Court Judge and Temporary Municipal Court Judge;

E. Municipal Court Director;

F. City Treasurer;

G. Municipal Engineer;

H. Director, Data Processing;

I. Director, Human Resource Services;

J. Director of Health and Human Services;

K. Director of Planning;

L. Director of Property Maintenance;

M. Director of Public Works;

N. Director, Recreation and Cultural Affairs;

O. Secretary to the Mayor;

P. Police Director.

§ 79-2 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. Certified Health Officer;

B. Tax Collector;

C. Chief Financial Officer;

D. Construction Code Official;

E. Qualified Purchasing Agent;

F. Tax Assessor;

G. Municipal Planner;

H. Registered Municipal Clerk;

I. Licensed Uniform Subcode Inspector;

J. Principal Public Works Manager.

§ 79-3 Pension Certifying Officer determinations.

If an individual is appointed to one of the positions listed in § 79-1 and the individual is not serving in a position as described in § 79-2 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. Was an active participant in the Public Employee Retirement System on July 1, 2007, and served continuously since that time; or

B. Has been appointed pursuant to a valid promotional process; or

C. Is appointed on a temporary, interim or acting basis to a position requiring state certification, as set forth in § 79-2 herein, and is in pursuit of the required certification; or

D. Meets such other exceptions that may be approved by the Local Finance Board or the Division of Pensions and Benefits.

§ 79-4 Statutory construction and interpretation.

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.