Ordinance No. 05-09
Introduced: February 5, 2009
Public Hearing: March 5, 2009
Status: Adopted
An ordinance amending Sections 2-138 and 2-139 of the revised ordinances of the Township of Randolph, Morris County New Jersey to indicate that the position of Court Administrator is not eligible for and required to participate in and is exempt from participation in the defined contribution retirement program
WHEREAS, on August 7, 2008, the Township of Randolph adopted First Amended Ordinance No. 21-08, entitled “An Ordinance Amending the Revised Ordinances of the Township of Randolph, Morris County New Jersey by the Addition of Sections 2-138 and 2-139 to Identify the Positions Eligible and Required to Participate and Exempt from Participation in the Defined Contribution Retirement Program”; and
WHEREAS, pursuant to First Amended Ordinance No. 21-08, Section 2-138 of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey indicates that the position of Court Administrator is eligible for and required to participate in the Defined Contribution Retirement Program; and
WHEREAS, on December 10, 2008, the Local Finance Board in the Department of Community Affairs amended the guidelines contained in Local Finance Notice 2008-10, entitled “Guidance Concerning the ‘Substantially Similar’ Requirement of the Defined Contribution Retirement Program (N.J.S.A. 43:15C-2)”, to exempt the position of Court Administrator from participation in the Defined Contribution Retirement Program; and
WHEREAS, the Township of Randolph desires to amend Sections 2-138 and 2-139 of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey to indicate that the position of Court Administrator is not eligible for and required to participate in and is exempt from participation in the Defined Contribution Retirement Program.
NOW, THEREFORE, BE IT ORDAINED, by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:
SECTION ONE. Section 2-138, Positions Eligible and Required to Participate in the Defined Contribution Retirement Program, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey is hereby amended to delete the following:
Court Administrator
SECTION TWO. Section 2-139, Positions Exempt from Participation in the Defined Contribution Retirement Program, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey is hereby amended by the addition of the following:
Court Administrator
SECTION THREE. 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 Pension and Benefits.
SECTION FOUR. All Ordinances of the Township of Randolph which are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.
SECTION FIVE. If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance.
SECTION SIX. A copy of this Ordinance shall be filed with the Director of the Division of Pensions and Benefits of the New Jersey Department of the Treasury.
SECTION SEVEN. This Ordinance shall take effect as provided by law.
ATTEST
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Donna Marie Luciani, Township Clerk
TOWNSHIP OF RANDOLPH
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Edward A. Metz, Mayor
LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 05-09
NOTICE IS HEREBY GIVEN that an Ordinance entitled “An Ordinance Amending Sections 2-138 And 2-139 Of The Revised Ordinances Of The Township Of Randolph, Morris County New Jersey To Indicate That The Position Of Court Administrator Is Not Eligible For And Required To Participate In And Is Exempt From Participation In the Defined Contribution Retirement Program” was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on February 5, 2009 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on March 5, 2009 at 8 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.
Statement of Purpose of Ordinance
The purpose of the above Ordinance is to amend Sections 2-138 and 2-139 the Revised Ordinances of the Township of Randolph, Morris County, New Jersey, to indicate that the position of Court Administrator is not eligible for and required to participate in and is exempt from participation in the Defined Contribution Retirement Program. Further, the purpose of this Ordinance is to amend Sections 2-138 and 2-139 of the Ordinance of the Township of Randolph, Morris County, New Jersey to be consistent with the guidelines contained in Local Finance Notice 2008-10, entitled “Guidance Concerning the ‘Substantially Similar’ Requirement of the Defined Contribution Retirement Program (N.J.S.A. 43:15C-2)”, as amended by the Local Finance Board in the Department of Community Affair on December 10, 2008.
A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.
_____________________________
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey