Borough of Denver, PA
Lancaster County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Denver as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-26-1990 by Ord. No. 447 (Ch. 1, Part 6 of the 1996 Code)]

§ 32-1 Short title.

[Amended 6-24-1996 by Ord. No. 476]
This article shall be known and may be cited as the "Denver Borough Nonuniformed Employees Pension Plan-A."

§ 32-2 Establishment of plan.

Denver Borough hereby establishes a pension plan for its nonuniformed employees which shall be governed by the regulations of this article and applicable laws of this commonwealth and the United States.

§ 32-3 Definitions.

[Amended 6-24-1996 by Ord. No. 476]
A. 
General. In the construction of this article, the singular shall include the plural, and the plural shall include the singular. Use of the masculine gender shall include the feminine gender.
B. 
Specific terms. Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used in this article shall be as follows:
BOROUGH
The Borough of Denver, Lancaster County, Pennsylvania.
COMMONWEALTH
The Commonwealth of Pennsylvania.
FULL-TIME EMPLOYEE
A nonuniformed employee of the Borough who regularly works a minimum of 35 hours per week.
PARTICIPATING EMPLOYEE
A nonuniformed employee of the Borough who is eligible to participate in the plan.
PLAN
The Borough of Denver Nonuniformed Employees Pension Plan-A.

§ 32-4 Eligibility.

[Amended 6-24-1996 by Ord. No. 476; 11-8-2010 by Ord. No. 593]
All full-time nonuniformed employees of the Borough on the effective date of this article shall be eligible to participate in the plan. All full-time nonuniformed employees hired after the effective date of this article shall be eligible to participate in the plan after completion of 24 months of service. Employees shall become eligible on the first day of the calendar month next following the date on which the employee met the requirements to participate. Any participating employee who ceases employment with the Borough shall be entitled to resume active participation in the plan if such employee is rehired as a full-time nonuniformed employee of the Borough, and the date of eligibility shall be the date of rehire.

§ 32-5 Vesting of participants' interest.

Participating employees shall be 100% vested upon entering the plan.

§ 32-6 Pension contributions.

[Amended 6-24-1996 by Ord. No. 476]
A. 
The Borough shall maintain a separate account covering each participating employee in the plan. Such account shall be increased by the participating employee's share of contributions, investment income and market value appreciation of the plan. The share of each participating employee shall be decreased by the participating employee's share of market value depreciation of the plan.
B. 
A participating employee under this plan shall be entitled to an allocation of the Borough's contribution to the plan as of the last day of each calendar quarter (March 31, June 30, September 30 and December 31), provided that he or she is employed an such date as a full-time, nonuniformed employee of the Borough. Through December 31, 2015, the Borough shall contribute to the account of each participating employee an amount equal to 5% of the participating employee's regular hourly rate times the number of hours that such participating employee worked in the calendar quarter year up to a maximum of 520 hours per quarter and a maximum of 2,080 hours per calendar year. Commencing January 1, 2016, the Borough shall contribute to the account of each participating employee in an amount equal to 6% of the participating employees' regular hourly rate times the number of hours that such participating employee worked in the calendar quarter year up to a maximum of 520 hours per quarter and a maximum. of 2,080 hours per calendar year.
[Amended 11-24-2014 by Ord. No. 621]

§ 32-7 Distribution of benefits.

[Amended 11-8-2010 by Ord. No. 593]
Normal retirement age shall be considered to be the date a participating employee attains his or her 65th birthday. Benefits shall be distributable upon death, permanent and total disability, or termination of service with the Borough. A participating employee who has attained his or her normal retirement age shall not be entitled to receive distributions of benefits while still employed with the Borough.

§ 32-8 Administration of plan.

The Borough shall enter into an agreement for the administration of the plan with a trustee who shall maintain a separate account for each participating employee and who shall invest such funds as may be authorized by the trust document. All such investments shall be made in accordance with applicable laws of the commonwealth and the United States.
[Adopted 6-24-1996 by Ord. No. 476 (Ch. 1, Part 10 of the 1996 Code)]

§ 32-9 Short title.

This article shall be known and may be cited as the "Denver Borough Nonuniformed Employee Pension Plan-B."

§ 32-10 Establishment of plan.

Denver Borough hereby establishes a pension plan for its nonuniformed employees which shall be governed by the regulations of this article and applicable laws of the commonwealth and the United States.

§ 32-11 Definitions.

A. 
General. In the construction of this article, the singular shall include the plural, and the plural shall include the singular. Use of the masculine gender shall include the feminine gender.
B. 
Specific terms. Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used in this article shall be as follows:
BOROUGH
The Borough of Denver, Lancaster County, Pennsylvania.
COMMONWEALTH
The Commonwealth of Pennsylvania.
FULL-TIME EMPLOYEE
A nonuniformed employee of the Borough who regularly works a minimum of 35 hours per week.
PARTICIPATING EMPLOYEE
A full-time, nonuniformed employee of the Borough who has elected to participate in the plan.
PLAN
The Borough of Denver Nonuniformed Employee Pension Plan-B.

§ 32-12 Eligibility.

[Amended 11-8-2010 by Ord. No. 593]
All full-time nonuniformed employees of the Borough on the effective date of this article shall be eligible to participate in the plan. All full-time nonuniformed employees hired after the effective date of this article shall be eligible to participate in the plan after completion of six months of service. Employees shall become eligible on the first day of the calendar month next following the date on which the employee met the requirements to participate. Any participating employee who ceases employment with the Borough shall be entitled to resume active participation in the plan if such employee is rehired as a full-time nonuniformed employee of the Borough, and the date of eligibility shall be the date of rehire.

§ 32-13 Vesting of participants' interest.

Participating employees shall be 100% vested upon entering the plan.

§ 32-14 Pension contributions.

The plan is a pension plan wherein each participating employee elects to participate by contributing a set percentage of his or her salary. Each participating employee may elect to have any percentage of his or her salary withheld and contributed to the plan. A participating employee may modify the percentage of his or her salary to be contributed to the plan between January 1 and January 15 of each calendar year.

§ 32-15 Distribution of benefits.

[Amended 11-8-2010 by Ord. No. 593]
Normal retirement age shall be considered to be the date a participating employee attains his or her 65th birthday. Benefits shall be distributable upon death, permanent and total disability, or termination of service with the Borough. A participating employee who has attained his or her normal retirement age shall not be entitled to receive distributions of benefits while still employed with the Borough.

§ 32-16 Administration of plan.

The Borough shall enter into an agreement for the administration of the plan with a trustee who shall maintain a separate account for each participating employee and who shall invest such funds as may be authorized by the trust document. All such investments shall be made in accordance with applicable laws of the commonwealth and the United States.