Current through Register Vol. 56, No. 24, December 18, 2024
(a) All
public employees actively employed in positions meeting the statutory
definition "police officer" or "firefighter" found at
N.J.S.A. 43:16A-1(2)(a) and (b) shall
be members of the PFRS of New Jersey.
(b) Determinations by the Director and the
Board whether an employee of a law enforcement unit or firefighting unit is an
administrative employee with the meaning of the definitions of "police officer"
or "firefighter" under the law and this chapter shall be on a case-by-case
basis. An employee may perform some administrative functions without being an
administrative employee. In determining whether an employee is an
administrative employee, the Director and the Board shall consider the
following factors:
1. Whether and to what
extent the employee is responsible for preparing or recommending budgets
contracting for goods or services, processing employment actions, managing
information systems, and the provision of administrative support;
2. Whether the administrative tasks performed
by the employee are central to, rather than incidental to, the primary
responsibilities of the employee; and
3. Whether the career path to become an
administrative employee begins with or includes positions as non-administrative
police officers or firefighters.
(c) Determinations by the Director and the
Board whether an employee of a law enforcement unit or firefighting unit is a
supervisory employee within the meaning of the definitions of "police officer"
or "firefighter" under the law and this chapter shall be on a case-by-case
basis. An employee may perform some supervisory functions without being a
supervisor. In determining whether an employee is a supervisory employee, the
Director and the Board shall consider the following factors:
1. Whether and to what extent the employee is
responsible for conducting performance evaluations, disciplining, adjusting the
grievances, rewarding, and assigning and directing the work of non-supervisory
police officers or firefighters or effectively recommending such
actions;
2. Whether the individual
police officers or firefighters subject to some supervision by the employee
have a primary supervisor other than the employee;
3. Whether the supervision performed by the
employee is central to, rather than incidental to, the primary responsibilities
of the employee; and
4. Whether the
career path to become a supervisor begins with or includes positions as
non-supervisory police officers or firefighters.
(d) Employers shall not use the same job
title for both individuals whose job functions meet the definition of "police
officer" or "firefighter" and individuals whose job functions do not meet those
definitions. In the event that the Board determines that an employee's primary
duties qualify that employee as a "police officer" or "firefighter," but that
employee holds a position held by other individuals whose primary duties do not
qualify those employees as a police officer or firefighter, then the employer
shall promptly take the necessary actions to create a new job title to ensure
that the same job title is not used both for individuals whose job functions
meet the definition of "police officer" or "firefighter" and individuals whose
job functions do not meet those definitions.
(e) If an employee of a "law enforcement" or
"firefighting unit" holds a position that has not been deemed eligible for
inclusion in the PFRS pursuant to P.L. 1989, c. 204 (N.J.S.A. 43:16A-1.2), and the employee or employer
contends the duties of the position meet the definitions of police officer or
firefighter as found in
N.J.S.A. 43:16A-1 et seq., the employee or employer
may submit a written request indicating why the position meets the above
definitions. The appropriate documentation must accompany the
request.
(f) The Director shall
review the position and documentation to determine whether the duties and
responsibilities of the position meet the definition of "police officer" or
"firefighter." The Director shall then make a recommendation to the Board as to
whether the position qualifies for inclusion in the Retirement
System.
(g) If, after considering
the recommendation of the Director, the Board determines that the employee
meets the definition of "police officer" or "firefighter," the Board shall,
prior to making a final determination, publish in the New Jersey Register a
notice that it proposes to include the employee's position in the System.
Interested parties shall be given at least 30 days to comment on the
proposal.
(h) If, after considering
the recommendation of the Director, the Board determines that the employee does
not meet the definition of "police officer" or "firefighter," the employee
shall be offered an opportunity for a hearing in accordance with the Uniform
Administrative Procedure Rules, N.J.A.C. 1:1.
(i) If the employee requests a hearing, the
Board shall publish in the New Jersey Register a notice that a hearing will be
conducted on the application of the employee that the employee's position be
deemed to meet the definition of "police officer" or "firefighter" as the case
may be, and that interested parties may seek to intervene in accordance with
N.J.A.C. 1:1-16.
(j) A Board of
Fire Commissioners, created under the provisions of
N.J.S.A. 40A:14-81, shall have the powers, duties and
functions within the district, to the same extent as in the case of
municipalities, relating to the prevention and extinguishment of fires and the
regulation of fire hazards. The Board requires from fire districts for Civil
Service and non-Civil Service employers, the following items:
1. A copy of the resolution established by
the Board of Fire Commissioners, which provides the fire district with the
powers, duties, and functions within said district to the same extent as in the
case of municipalities, relating to the prevention and extinguishment of fires
and the regulation of fire hazards under the provisions of
N.J.S.A. 40A:14-81 et seq.;
2. A copy of the resolution, which
establishes the position and sets forth the compensation and the duties
associated with such position;
3.
Verification that the resolution was published at least once in a substantial
newspaper in the district;
4. The
preamble to the contract, including the specific articles of the executed
contract and salary scale negotiated between the individual or collective
bargaining group for the requested position;
5. Identification of the type of position
(entry level, promotional, administrative/supervisory position over
firefighters) and include a list of all job titles within the fire
district;
6. The
selection/promotional process for the candidate to this position;
7. An official job description for the
position;
8. A copy of an
organizational chart for the fire district, which identifies the positions and
reporting relationships of the staff within the district. The chart must
include names and pension member numbers;
9. A description of the training requirements
including, but not limited to, the Fire Fighter I Certification issued by the
Division of Fire Safety, Department of Community Affairs; and
10. The fire district must provide a list of
any other employment requirements.
(k) To determine the PFRS eligibility for
Civil Service and non-Civil Service fire positions for employers with an
established firefighting unit with a State, county, regional services, or
municipal firefighting department or unit, the Board requires the following
items:
1. A copy of the ordinance or the
legal authority, which provides the governing body of the State, county,
regional services entity, or municipality to create and establish a paid or
part-paid fire department and also provides the State, county, regional
services entity or municipality with the powers, duties and functions relating
to the prevention and extinguishment of fires and the regulation of fire
hazards under the provisions of
N.J.S.A. 43:16A-62,
40A:14-1 and
40A:14-7;
2. A copy of the ordinance or resolution,
which establishes the position and sets forth the compensation and the duties
associates with such position;
3.
The preamble to the contract, including the specific articles of the executed
contract and salary scale negotiated between the individual or collective
bargaining group for the requested position;
4. Identification of the type of position
(entry level, promotional, administrative/supervisory position over
firefighters). Also a list of all job titles within the fire
department;
5. The
selection/promotional process for the candidate to this position;
6. An official job description for the
position;
7. A copy of an
organizational chart for the fire department, which identifies the positions
and reporting relationships of the staff within the fire department. The chart
must include names and pension member numbers;
8. A description of the training requirements
including, but not limited to, the Firefighter I certification issued by the
Division of Fire Safety, Department of Community Affairs; and
9. The fire department must provide a list of
any other employment requirements.
(l) To determine the PFRS
eligibility for police positions for Civil Service and non-Civil Service
employers in an established law enforcement unit with a State, county, or
municipal police department or unit, the Board requires the following items:
1. A copy of the ordinance, resolution or
legal authority of the governing body of the State, county or municipality to
create and establish a State, county or municipal police department, as
required under the provisions of
N.J.S.A. 43:16A-62,
40A:14-106 and
40A:14-118 et seq.;
2. Statutory reference that provides the law
enforcement unit with the authority of detecting crime and enforcing the
general criminal laws of the State;
3. Statutory reference authorizing a police
officer to carry a firearm in the performance of his or her duty;
4. Statutory reference that identifies the
police powers of the position;
5.
Statutory reference to the police training requirement of the Police Training
Commission (PTC) or proof of comparable training;
6. Identification of the type of position
(entry level, promotional, administrative/supervisory position over police
officers). Also include a list of all job titles within the police
department;
7. The
selection/promotional process for the candidate to this position;
8. An official job description for the
position;
9. A copy of the
ordinance or resolution that establishes the position and sets forth the
compensation and the duties associated with such position;
10. The preamble to the contract, including
the specific articles of the executed contract and salary scale negotiated
between the individual or collective bargaining group for the requested
position; and
11. A copy of the
organizational chart for the police department, which identifies the positions
and reporting relationships of the staff within the police department. The
chart must include names and pension member numbers.
