ORDINANCE NO. 08-12

BOROUGH OF HILLSDALE

ORDINANCE FOR DETERMINING POSITIONS ELIGIBLE

FOR THE DEFINED CONTRIBUTION RETIREMENT PROGRAM

Whereas, the State Legislature recently adopted Chapter 92 of the Laws of 2007 (N.J.S.43:15C-1 et seq.) to create the Defined Contribution Retirement Program to provide retirement benefits to various county and municipal officials; and

Whereas, N.J.S.43:15C-2 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 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

Whereas the Mayor and Council of the Borough of Hillsdale has considered the guidelines issued by the Local Finance Board;

Therefore, be it ordained by the Mayor and Council that:

1. Pursuant to N.J.S.43:15C-2, the following positions are deemed to be eligible for and shall participate in the Defined Contribution Retirement Program:

a. Borough Administrator

b. Borough Prosecutor

c. Municipal Court Judge

d. Municipal Public Defender

e. Mayor and Council Members

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

a. Tax Collector;

b. Chief Financial Officer;

c. Assistant Finance Officer

d. Construction Code Official;

e. Code Compliance Officer;

f. Qualified Purchasing Agent;

g. Tax Assessor;

h. Borough Clerk;

i. Licensed Uniform Subcode Inspector;

j. Superintendent of Public Works;

k. Borough Court Administrator;

l. Welfare Director;

m. Director of Public Nursing;

n. Recreation Director.

3. This ordinance shall be implemented, construed and subject to the aforesaid Chapter 92 of the Laws of 2007 (N.J.S.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.

4. Should any part or parts of this ordinance be held to be invalid by any competent court of law, such invalidity shall only affect the part or parts held to be invalid, and all other parts shall remain in effect.

Council member	Motion	Second	Yes	No	Absent	Abstain
Arnowitz, Max		x	x
DeJoseph, Jonathan					x
Giancarlo, Michael				x
Hanlon, Marie				x
Schiavone, Donna	x		x
Weinstein, Andy			x

APPROVED: October 14, 2008

ATTEST:

_____________________________

John Sapanara, Mayor

____________________

Robert P. Sandt, RMC

Borough Clerk