New Jersey § 43:15c-2

§ 43:15c-2.

a. The following persons shall be eligible and shall participate in the Defined Contribution

Retirement Program: (1) A person who commences service on or after the effective date of this section

of P.L.2007, c. 92 ( C.43:15C-1 et al.) in an elective public office of this State or of a political subdivision

thereof, except that it shall not include a person who holds elective public office

on the effective date of this section and is enrolled in the Public Employees' Retirement

System while that person continues to hold that elective public office or, for an

elected official specified in section 5 of P.L.2017, c. 344 ( C.43:15A-7.5 ), another elective public office, without a break in service. Service in the Legislature shall be considered a single elective public office. (2) A person who commences service on or after the effective date of this section

in an employment, office or position of the State or of a political subdivision thereof,

or an agency, board, commission, authority or instrumentality of the State or of a

subdivision, pursuant to an appointment by the Governor that requires the advice and

consent of the Senate, or pursuant to an appointment by the Governor to serve at the

pleasure of the Governor only during his or her term of office. This paragraph shall not be deemed to include a person otherwise eligible for membership

in the State Police Retirement System or the Judicial Retirement System. This paragraph shall not include Workers' Compensation Judges of the Division of

Workers' Compensation in the Department of Labor and Workforce Development. This paragraph shall not include a commissioner appointed to the New Jersey Maritime

Pilot and Docking Pilot Commission pursuant to R.S.12:8-1 . (3) A person who commences service on or after the effective date of this section

in an employment, office or position in a political subdivision of the State, or an

agency, board, commission, authority or instrumentality of a subdivision, pursuant

to an appointment by an elected public official or elected governing body, that requires

the specific consent or approval of the elected governing body of the political subdivision

that is substantially similar in nature to the advice and consent of the Senate for

appointments by the Governor of the State as that similarity is determined by the

elected governing body and set forth in an adopted ordinance or resolution, pursuant

to guidelines or policy that shall be established by the Local Finance Board in the

Department of Community Affairs or the Department of Education, as appropriate to

the elected governing body. This paragraph shall not be deemed to include a person otherwise eligible for membership

in the Teachers' Pension and Annuity Fund or the Police and Firemen's Retirement System,

or a person who is employed or appointed in the regular or normal course of employment

or appointment procedures and consented to or approved in a general or routine manner

appropriate for and followed by the political subdivision, or the agency, board, commission,

authority or instrumentality of a subdivision, or a person who holds a professional

license or certificate to perform and is performing as a certified health officer,

tax assessor, tax collector, municipal planner, chief financial officer, registered

municipal clerk, construction code official, licensed uniform subcode inspector, qualified

purchasing agent, or certified public works manager. (4) A person who is granted a pension or retirement allowance under any pension fund

or retirement system established under the laws of this State and elects to participate

pursuant to section 1 of P.L.1977, c. 171 ( C.43:3C-3 ) upon being elected to public office. (5) A member of the Teachers' Pension and Annuity Fund, Police and Firemen's Retirement

System, State Police Retirement System, or the Public Employees' Retirement System

for whom compensation is defined as the amount of base or contractual salary equivalent

to the annual maximum wage contribution base for Social Security, pursuant to the

Federal Insurance Contributions Act, for contribution and benefit purposes of those

retirement systems, for whom participation in this retirement program shall be with

regard to any excess over the maximum compensation only. (6) A person in employment, office or position for which the annual salary or remuneration

is less, or the hours of work per week are fewer, than that which is required to become

a member of the Teachers' Pension and Annuity Fund or the Public Employees' Retirement

System, or to make contributions to those systems as a member on the basis of any

such employment, office or position, after November 1, 2008. b. No person shall be eligible to participate in the retirement program with respect

to any public employment, office, or position if: (1) the base salary for that employment, office, or position is less than $5,000 per

year; (2) the person is, on the basis of service in that employment, office, or position,

eligible for membership or enrolled as a member of another State or locally-administered

pension fund or retirement system established under the laws of this State including

the Alternate Benefit Program, except as otherwise specifically provided in subsection

a. of this section; (3) the person is receiving a benefit as a retiree from any other State or locally-administered

pension fund or retirement system established under the laws of this State, except

as provided in section 1 of P.L.1977, c. 171 ( C.43:3C-3 ); or (4) the person is an officer or employee of a political subdivision of this State

or of a board of education, or of any agency, authority or instrumentality thereof,

who is ineligible for membership in the Public Employees' Retirement System pursuant

to section 20 of P.L.2007, c. 92 ( C.43:15A-7.2 ). c. A person eligible and required to participate in the retirement program pursuant

to paragraph (5) of subsection a. of this section may elect to waive participation

with regard to that employment, office, or position by filing, when first eligible,

on a form required by the division, a written waiver with the Division of Pensions

and Benefits that waives all rights and benefits that would otherwise be provided

by the retirement program. Such a person may thereafter elect to participate in the retirement program by filing,

on a form required by the division, a written election to participate in the retirement

program and participation in the retirement program pursuant to such election shall

commence on the January 1 next following the filing of the election to participate. d. Service credited to a participant in the Defined Contribution Retirement Program

shall not be recognized as service credit to determine eligibility for employer-paid

health care benefits in retirement pursuant to P.L.1961, c. 49 ( C.52:14-17.25 et seq. ), N.J.S.40A:10-16 et seq. , P.L.1979, c. 391 ( C.18A:16-12 et al.) or any other law, rule or regulation.