Ordinance No. 21-08

Introduced: July 1, 2008
Public Hearing: August 7, 2008
Status: Adopted

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

WHEREAS, 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 (“DCRP”) to provide retirements benefits to various county and municipal officials; and

WHEREAS, NJ.S.A. 43:15C-2(a) requires the governing body of each municipality to 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 to 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

WHEREAS, the Township of Randolph has considered 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)”, issued by the Local Finance Board in the Department of Community Affairs on April 28, 2008; and

WHEREAS, the Township of Randolph has made a determination as to the positions that are eligible and required to participate and 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. The Revised Ordinances of the Township of Randolph, Morris County, New Jersey are hereby amended by the addition of the following:

Section 2-138. Positions Eligible and Required to Participate in the Defined Contribution Retirement Program.

Pursuant to N.J.A.C. 43:15C-2, and except as otherwise excepted pursuant to N.J.S.A. 43:15C-1 et seq. and the guidelines established by the Local Finance Board pursuant to N.J.S.A. 43:15C-2a.(3), (see, for example, Local Finance Notice 2008-10, April 28, 2008), the following positions are deemed eligible for and shall participate in the Defined Contribution Retirement Program:

Township Manager
Assistant Township Manager
Municipal Court Judge
Township Engineer
Director of Parks/Recreation/Community Service
Court Administrator
Library Director

SECTION TWO. The Revised Ordinances of the Township of Randolph, Morris County, New Jersey are hereby amended by the addition of the following:

Section 2-139. Positions Exempt from Participation in the Defined Contribution Retirement Program.

Individuals serving in the following positions are exempt from Defined Contribution Retirement Program membership, pursuant to N.J.S.A. 43:15C-2:

Certified Health Officer
Tax Collector
Chief Financial Officer
Construction Code Official
Qualified Purchasing Agent
Tax Assessor
Municipal Planner
Registered Municipal Clerk
Licensed Uniform Subcode Inspector
Principal Public Works Manager

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

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
Allen M. Napoliello

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 21-08

NOTICE IS HEREBY GIVEN that an Ordinance 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” 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 July 1, 2008 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 August 7, 2008 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 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.

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 pm.

_____________________________
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey