New Jersey Administrative Code
Subchapter 4 - EMPLOYEES
Section 17:9-4.5 - Local; employee defined

Universal Citation: NJ Admin Code 17:9-4.5

Current through Register Vol. 55, No. 48, December 18, 2023

(a) For purposes of local coverage, "employee" shall mean an appointive or elected officer or full-time employee of the local employer, including an employee who is compensated on a fee basis as a convenient method of payment of wages or salary, but who is not a self-employed, independent contractor compensated in a like manner.

(b) To qualify for coverage as an appointive officer, an employee must be:

1. Appointed to an office specifically established by law, ordinance, resolution or such other official action required by law for establishment of a public office by an appointing authority. A person appointed under a general authorization, such as, "to appoint officers" or "to appoint such other officers," or similar language, is not eligible to participate as an appointive officer and must qualify for participation as a full-time employee; and

2. The employee must be invested with some portion of political power partaking in any degree in the administration of civil government, and the duties of such employment must emanate from the sovereign authority. The employee's duties must be integral to local government, and the employee must have some authority to make decisions on behalf of the civil government.

Amended by R.2003 d.437, effective 11/3/2003.
See: 35 New Jersey Register 2587(a), 35 New Jersey Register 5149(a).
Designated existing text as (a); added (b).

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