§ 84-8. Individual exceptions.

Notwithstanding the foregoing, in accordance with N.J.S.A. 43:15C-2, if a position is designated as eligible for DCRP and the individual meets any of the following exceptions, the individual is permitted to join or remain in the Public Employees' Retirement System (PERS):

A. 

Notwithstanding the provisions of § 84-6, the Borough may determine that an individual in its organization who is already enrolled in a PERS position that is promoted to an otherwise DCRP position through a valid promotion may remain in PERS. In the event the position is not filled through a promotion, the position remains DCRP. The circumstances surrounding the decision to determine a position as PERS are limited to those where the employees eligible for promotion serve in a legitimate subordinate capacity. Such practices, including hiring an individual in a subordinate PERS position with the purpose of immediately promoting the person to a DCRP position, cannot be used to circumvent the DCRP requirement for the position.

B. 

If a person is appointed to a temporary or interim "acting" capacity to a DCRP position that otherwise requires a professional license or certification in the list above, the person shall be eligible to join PERS.

C. 

An individual who was a member of PERS prior to July 1, 2007, may continue his or her PERS membership when appointed to a DCRP position, if the person has "continuously" been a member since that time. For the purpose of this article, "continuously" means that a period of no more than two years has elapsed from the time the individual left employment in a PERS position to the time the person was reemployed.