N.J. Admin. Code § 17:4-2.1

Current through Register Vol. 56, No. 19, October 7, 2024

Section 17:4-2.1 - Eligible positions

(a) All public employees actively employed in positions meeting the statutory definition "police officer" or "firefighter" found at 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 (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 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 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 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 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 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.

N.J. Admin. Code § 17:4-2.1

Repeal and New Rule, R.1996 d.463, effective 10/7/1996.
See: 28 N.J.R. 2512 (a), 28 N.J.R. 4508(b).
Section was "Policeman and fireman defined".
Public Notice: Forest Fire Observer (State-Civil Service).
See: 31 N.J.R. 905(c).
Public Notice: Fire Official/Fire Protection Subcode Official UFD (Municipal-Civil Service), Chief Bureau of Law Enforcement Environmental Protection (State-Civil Service), Fire Fighter (Washington Township), Fire Fighter/Fire Inspector (Washington Township), Fire Fighter/Fire Fighter Apparatus Mechanic (Washington Township), Fire Fighter/Chief Maintenance Mechanic (Washington Township) and Fire Chief (Washington Township).
See: 31 N.J.R. 1388(a).
Public Notice: Supervising Parole Officer (State Civil Service), Assistant Director Parole Supervisor (State Civil Service) and District Parole Supervisor (State Civil Service).
See: 31 N.J.R. 1643(b).
Public Notice: Investigator Secured Facilities--Juvenile Justice Commission, Senior Investigator Secured Facilities--Juvenile Justice Commission, Principal Investigator Secured Facilities--Juvenile Justice Commission, Assistant Chief Investigator Secured Facilities--Juvenile Justice Commission and Chief Investigator Secured Facilities--Juvenile Justice Commission.
See: 31 N.J.R. 3538(b).
Public Notice: Police Officer Bilingual Spanish/English Municipal, Police Officer Bilingual Spanish/English County, Police Officer Bilingual Korean/English Municipal and Police Officer Bilingual Korean/English County.
See: 31 N.J.R. 3539(a).
Public Notice: Correction Officer Recruit/Bilingual Spanish/English, Parole Officer Recruit/Bilingual Spanish/English and Senior Parole Officer/Bilingual Spanish/English.
See: 31 N.J.R. 3539(b).
Public Notice: Parole Officer Recruit--Bilingual Spanish/English Juvenile Justice Commission and Senior Parole Officer Bilingual Spanish/English Juvenile Justice Commission.
See: 31 N.J.R. 3539(c).
Public Notice: Police Sergeant Bilingual Spanish/English--Municipal, Police Sergeant Bilingual Spanish/English--County, Police Lieutenant Bilingual Spanish/English--Municipal and Police Lieutenant Bilingual Spanish/English--County.
See: 31 N.J.R. 4132(a).
Public Notice: Fire Officer 1-County, Fire Officer 1-Municipal, Fire Officer 2-County, Fire Officer 2-Municipal, Fire Officer 3-County, Fire Officer 3-Municipal, Fire Officer 4-County, Fire Officer 4-Municipal.
See: 32 N.J.R. 2262(a).
Amended by R.2001 d.66, effective 2/20/2001.
See: 32 N.J.R. 4060(a), 33 N.J.R. 684(a).
Created neutral gender references throughout; added new (k) and ( l).
Public Notice: Sheriff's Officer, Bilingual.
See: 34 N.J.R. 2473(b).
Public Notice: District Fire Captain (Washington Twp.), District Fire Captain/Training Officer (Washington Twp.), Assistant Fire Chief (Livingston).
See: 34 N.J.R. 3545(b).
Public Notice: Senior Emergency Services Specialist (Hopewell Twp).
See: 35 N.J.R. 1596(d).
Public Notice: Correction Officers and Sheriff's Officers, Somerset County.
See: 35 N.J.R. 2533(c).
Public Notice: Notice of proposal to include the civil service positions in the Police and Firemen's Retirement System.
See: 35 N.J.R. 2958(a), 2958(b).
Public Notice: Police Chief, Police Lieutenant, Police Sergeant, Police Officer, Palisades Interstate Park Commission.
See: 35 N.J.R. 4148(b).
Public Notice: Chief, Fire Apparatus (UFD).
See: 35 N.J.R. 5450(b).
Public Notice: Police Chief, Brookdale Community College.
See: 35 N.J.R. 5451(a).
Public Notice: Detective, Waterfront Commission of New York Harbor.
See: 36 N.J.R. 1245(a).
Public Notice: Notice of Proposal to Include the Non-Civil Service Positions of Assistant Chief, Firefighter/Emergency Medical Technician, and Firefighter/Emergency Medical Technician/Inspector in the Police and Firemen's Retirement System.
See: 37 N.J.R. 4478(b).
Public Notice: Notice of Proposal to Include the Civil Service Positions of Ranger, Ranger Sergeant, Ranger Lieutenant, and Chief of Parks and Law Enforcement in the Police and Firemen's Retirement System.
See: 37 N.J.R. 4479(a).
Amended by R.2006 d.130, effective 4/3/2006.
See: 37 N.J.R. 4521(a), 38 N.J.R. 1578(a).
In (a), added "statutory" and statutory citation; in introductory paragraph (b), substituted "subchapter" for "section"; in (b)4, inserted "(Division)"; in introductory paragraphs (c) and (d), inserted "Trustees" following "Board of", and in the last sentence, substituted "Director and the Board of Trustees" for "Board"; rewrote (f), (g) and ( l); added ( l)6 and 7; and added (m) and (n).
Public Notice: Notice of Proposal to Include Non Civil Service Position of Fire Official/Firefighter in the Police and Firemen's Retirement System.
See: 38 N.J.R. 1774(b).
Public Notice: Notice of Proposal to Include the Non Civil Service Position of Firefighter/Inspector in the Police and Firemen's Retirement System.
See: 38 N.J.R. 3329(b).
Public Notice: Notice of Proposal to Include the Non Civil Service Position of Lieutenant Public Safety in the Police and Fireman's Retirement System.
See: 38 N.J.R. 4763(b).
Public Notice: Notice of Proposal to Include the Non Civil Service Position of Firefighter/Driver in the Police and Firemen's Retirement System.
See: 39 N.J.R. 1535(a).
Public Notice: Notice of Proposal to Include the Non Civil Service Position of Assistant Fire Chief in the Police and Firemen's Retirement System.
See: 39 N.J.R. 2664(c).
Public Notice: Notice of Proposal to Include the Non Civil Service Position of Chief Fire Inspector and Fire Inspector in the Police and Firemen's Retirement System.
See: 39 N.J.R. 4004(c).
Public Notice: Notice of Proposal Not to Include the Civil Service Municipal Positions of Arson Investigator and Senior Arson Investigator in the Police and Firemen's Retirement System.
See: 40 N.J.R. 5079(a).
Public Notice: Notice of Proposal to Include the Civil Service State Position of Police Officer Recruit, Human Services in the Police and Firemen's Retirement System.
See: 40 N.J.R. 5080(a).
Amended by R.2008 d.373, effective 12/15/2008.
See: 40 N.J.R. 4678(a), 40 N.J.R. 6991(b).
Added new (b)11 through (b)14; recodified former (b)11 through (b)14 as (b)15 through (b)18; rewrote (k) and ( l); deleted former (m); recodified (n) as new (m); and rewrote (m).
Public Notice: Notice of Proposal to Include the Civil Service State Position of Conservation Officer Recruit in the Police and Firemen's Retirement System.
See: 41 N.J.R. 1903(a).
Public Notice: Notice of Proposal to Include the Unclassified State Positions of Chief of Detectives-State Investigator, Deputy Chief of Detectives-State Investigator, Lieutenant-State Investigator, Sergeant-State Investigator, Detective I-State Investigator, Detective II State Investigator and Detective Trainee-State Investigator in the Police and Firemen's Retirement System.
See: 41 N.J.R. 2809(b).
Public Notice: Notice of Proposal Not to Include the Non Civil Service West Windsor Township Positions of Emergency Service Specialist and Emergency Service Lieutenant in the Police and Firemen's Retirement System.
See: 42 N.J.R. 607(a).
Amended by R.2011 d.235, effective 9/6/2011.
See: 43 N.J.R. 1177(a), 43 N.J.R. 2364(b).
In (a), substituted "PFRS" for "Police and Firemen's Retirement System"; deleted former (b); recodified former (c) through (m) as (b) through ( l); in the introductory paragraph of (b) and (c), deleted "of Trustees" following "Board" throughout, and substituted "this chapter" for "these rules"; and in (e), substituted "that" for "which" and "PFRS" for "Police and Firemen's System".
Public Notice: Notice of Proposal to Include the State Civil Service Position of Campus Police Officer Recruit in the Police and Firemen's Retirement System.
See: 45 N.J.R. 769(a).
Public Notice: Notice of Proposal to Include the Municipal Fire Non-Civil Service Position of Fire Prevention Specialist in the Police and Firemen's Retirement System.
See: 45 N.J.R. 770(a).
Public Notice: Proposal Not to Include the County Civil Service Positions of Property Clerk and Supervising Property Clerk in the Police and Firemen's Retirement System.
See: 45 N.J.R. 770(b).
Public Notice: Proposal Not to Include the State Civil Service Positions of Special Staff Officer 3, Staff Assistant 1, and Staff Assistant 2 in the Police and Firemen's Retirement System.
See: 45 N.J.R. 1972(b).
Public Notice: Proposal to Include the Civil Service Position of Correction Major in the Police and Firemen's Retirement System.
See: 45 N.J.R. 2618(c).
Public Notice: Proposal to Include the Civil Service Position Deputy Chief Investigator in the Police and Firemen's Retirement System.
See: 50 N.J.R. 1066(a).