The State Legislature recently adopted Chapter 92 of the Laws
of 2007 (N.J.S.A. 43:15C-1 et seq.) to create the Defined Contribution
Retirement Program to provide retirement benefits to various county
and municipal officials.
N.J.S.A. 43:15C-2 requires the governing body of each municipality
adopt an ordinance to determine the positions that are substantially
similar in nature to the advice and consent of the Senate for appointments
by the Governor of the State, pursuant to guidelines or policy that
shall be established by the Local Finance Board in the Department
of Community Affairs, and for which officials appointed to such positions
shall be eligible for and shall participate in the Defined Contribution
Retirement Program, subject to the provisions of law; and
The Mayor and Council of the Borough of Wenonah has considered
the guidelines issued by the Local Finance Board.
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:
E. Appointed members of local authority Board of Commissioners pursuant
to N.J.S.A. 40A:5A-1 et seq.; and
F. Gubernatorial appointees who serve in local municipal government.
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;
D. Construction Code Official;
E. Qualified Purchasing Agent;
G. Registered Municipal Clerk;
H. Licensed Uniform Subcode Inspector; and
I. Certified and/or Principal Public Works Manager.
The following positions are not eligible for the Defined Contribution
Retirement Plan as said positions receive compensation pursuant to
a professional services resolution and/or Agreement:
A. Municipal Attorney; Municipal Zoning Board Attorney; and Municipal
Planning Board Attorney;
If an individual is appointed to one of the positions listed in Section
18C-2 and the individual is not serving in a position as described in Section
18C-3 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; (1) was an active participant in the Public Employee Retirement System on July 1, 2007 and continuously since that time; or (2) has been appointed pursuant to a valid promotional process; or (3) is appointed on a temporary, interim, or "acting" basis to a position requiring state certification as set forth in Section
18C-3 herein, and is in pursuit of the required certification; or (4) meets such other exceptions that may be approved by the Local Finance Board or the Division of Pension and Benefits.
This ordinance 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.