New Jersey Administrative Code
Title 5 - COMMUNITY AFFAIRS
Chapter 30 - LOCAL FINANCE BOARD
Subchapter 15 - ACCUMULATED ABSENCE MANAGEMENT AND FINANCING
Section 5:30-15.6 - Payment for accumulated sick leave for certain officers and employees who are subject to P.L. 2007, c. 92
Universal Citation: NJ Admin Code 5:30-15.6
Current through Register Vol. 56, No. 18, September 16, 2024
(a) A local unit shall not pay supplemental compensation to any officer or employee as defined at (b) below for accumulated unused sick leave in an amount in excess of $ 15,000, except an officer or employee who:
1. On July 1, 2007, or upon the
expiration of a collective negotiations agreement or contract of employment
applicable to that officer or employee in effect on July 1, 2007, has accrued
supplemental compensation based upon accumulated unused sick leave shall, upon
retirement, be eligible to receive for any unused leave not more than the
amount so accumulated or not more than $ 15,000, whichever is greater;
or
2. Becomes an officer or
employee after July 1, 2007, and has previously accrued supplemental
compensation based upon accumulated unused sick leave shall, upon retirement,
be eligible to receive for any unused leave not more than the amount so
previously accumulated or not more than $ 15,000, whichever is
greater.
(b) As set forth at (a) above, "officer or employee" shall mean:
1. An elected official;
2. The statutory-based, untenured chief
administrative officer of the local unit, including business administrators,
county administrators, municipal or county managers, municipal or county
administrators appointed pursuant to the authority of a local ordinance,
executive directors, or similar positions;
3. Individuals with principal operating
responsibility of a government function(s) (commonly called "department heads"
or similar title), that are appointed by the governing body or a municipal or
county manager, as applicable to the form of government, and who directly
report to an elected official(s) or chief administrative officer;
4. Legal counsel to the local unit,
regardless of title, directly employed by the local unit;
5. Municipal engineers or county engineers
directly employed by the local unit;
6. Municipal court judges;
7. Appointed commissioners of a local
authority subject to the Local Authorities Fiscal Control Law (N.J.S.A.
40A:5A-1 et seq.);
8. Gubernatorial appointees serving in
municipal or county government for a fixed term; or
9. A person appointed by an elected public
official or elected governing body of a local unit, with 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.
The Director may provide interpretations of this subpart at the request of a
local unit.
(c) For purposes of (a) above, an "officer or employee" shall not include a person who:
1. 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
local unit;
2. Holds a professional
license or certificate to perform and is performing in any of the following
capacities, regardless of the position the officer or employee holds:
i. Certified health officer;
ii. Tax assessor;
iii. Tax collector;
iv. Municipal planner;
v. Chief financial officer;
vi. Registered municipal clerk;
vii. Construction code official;
viii. Licensed uniform subcode
inspector;
ix. Qualified purchasing
agent; or
x. Certified public works
manager; and
3.
Individuals serving in an acting or temporary capacity in any of the positions
listed at (c)2 above, for which a local unit may appoint an individual on an
acting or temporary basis.
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