[Adopted 9-26-1979 as Ch. 12, Art. III, Divs. 1, 2 and
3 of the 1979 Code]
By virtue of the authority vested in Council
and the Mayor by Act of Assembly, approved March 7, 1901, P.L. 20
(3 P.S. § 23641 et seq.), as amended, there is hereby created
a fund which shall be known as the "Police Pension Fund of Scranton,"
by municipal appropriation, and including all bequests, legacies,
gifts or donations made to the Bureau of Police for the use and benefits
of its members and from all fines and pecuniary penalties imposed
on members of the Bureau by trial courts or the Director of the Department
of Public Safety and all unclaimed moneys derived from the sale of
unclaimed articles in possession of the Bureau.
One and one-half percent (1 1/2%) of all
City taxes collected by the City, other than taxes levied to pay interest
on or extinguish the debt of the City or any part thereof, shall annually
be paid over by the City Treasurer to the organization or association
constituting or having charge of the distribution of the Police Pension
Fund. For the further support and increase of the Police Pension Fund
all regular, salaried, uniformed police officers of the City and all
regular salaried detectives attached to the Bureau of Police shall
pay the Treasurer of the commission having charge of such fund, on
or before the fifth day of each month, 1% of the fixed salary of such
person for the preceding month. On or after July 1, 1978, all of the
aforementioned personnel shall contribute 2% of the fixed salary and
longevity of said officer or detective for the preceding month. Effective
on July 1, 1979, all regular, salaried, uniformed police officers
of the City and all regular, salaried detectives of the Bureau of
Police of the City shall pay the Treasurer of the Commission having
charge of the finances of said fund, on or before the fifth of each
month through payroll deduction, 3% of the fixed salary and longevity
of said officer or detective for the preceding month. All payments
made hereto shall be by payroll deduction.
All police pensions shall be subject to the
rules and regulations which make up this Article, which rules and
regulations shall govern the granting of pensions and the organization
and conduct of the Police Pension Fund and Commission.
The Police Pension Fund shall be solely for
the pension of the regularly fully paid uniformed force of the Bureau
of Police and for the regular salaried detectives attached to the
Bureau of Police.
A Retirement Board, consisting of three members
who shall be duly qualified practicing physicians, one of whom shall
be the Director of the Office of Public Health, if such Director is
a physician, shall be appointed by the Police Commission to determine
the evidence of the disability of any applicant for pension. The expense
of the Retirement Board shall be paid from the Police Pension Fund.
A.
Anyone who is eligible for membership in the Police
Pension Association shall be allowed 90 days from the date on which
he became eligible in which to make application for admission to membership,
without payment of an entrance fee, by furnishing a certificate, from
the Director of the Office of Public Health, provided that he is a
duly licensed physician and if he is not a physician, then by a medical
examiner to be named by the Police Pension Commission, that he is
in good physical condition, provided that he has not received, while
in the actual discharge of his duty during the before mentioned 90
days, any injury which has incapacitated him or might in the future
incapacitate him from discharging his duty or from any disease contracted
prior to his becoming eligible for membership and thus entitle him
to a pension by reason of injuries received while in the actual discharge
of his duty. An applicant for membership, who has permitted more than
90 days to elapse before applying for admission to the Association,
shall attach to his application a certificate that he is in good physical
condition, from the physician of the Bureau of Police or from a medical
examiner to be named by the Police Pension Commission. He shall also
pay $10 as an entrance fee.
B.
An applicant shall, if admitted to membership, present
his birth certificate before the Police Pension Commission, and if
it be found that he is over the legal maximum age of eligibility required
by the civil service laws, or if he is unable to present his birth
certificate, he will have automatically waived all pension rights
until such evidence showing his age at the time of becoming eligible
is produced during his probationary period as a police officer. Until
this evidence is produced to the satisfaction of the Police Pension
Commission he shall not be required to contribute in any manner to
the Police Pension Fund.
C.
An applicant shall, if admitted to membership in the
association, pay all of the dues which have become payable since he
has become eligible for membership, but the Police Pension Commission
may permit such dues to be paid in installments.
D.
Upon appointment as regular policeman, after working
full-time as a reserve patrolman in the Bureau of Police, such person
may, upon his request for entrance into the Police Pension Fund, make
application to the Police Pension Association for time so served as
reserve patrolman prior to his promotion to regular policeman. In
such event, the Association shall compute such reserve time and reserve
pay and the contribution at 1% necessary to be paid to the fund for
such reserve time, together with interest at the rate of 4% thereon.
Such computation and contribution shall be verified by the Police
Pension Commission and the applicant shall make such verified contribution
to the fund within, but no longer than, six months from date of approval
by the Police Pension Association. Such reserve time may be requested
only at the time of application to the fund and not thereafter.
E.
Every regular policeman or officer now a member of
the Police Pension Fund, who has served full-time as a reserve patrolman
prior to his promotion to regular policeman, may, within 90 days from
date of final approval of this subsection, make application to the
Police Pension Association for time so served as reserve patrolman
prior to such promotion. The association shall compute such reserve
time and reserve pay, and the contribution at 1% necessary to be paid
to the fund for such reserve time, together with interest at the rate
of 4% thereon. Such computation and contribution shall be certified
by the Police Pension Commission, and the applicant shall make such
verified contribution to the fund within, but no longer than, six
months from date of approval by the Police Pension Association. When
payment has been made in full of the contribution so computed, with
interest, such member of the fund shall be entitled to recompute his
term of service in the Bureau of Police and have it recorded on the
records of the Police Pension Association and the Police Pension Commission.
All rewards or gifts that may be paid to any
member of the Bureau of Police for his services, except where Council
allows him to retain the same, shall be paid to the Treasurer of the
Police Pension Fund.
A.
An audit of the books and records of the Police Pension
Commission may be had at any time by a regular, certified public accountant,
and the expense of such audit may be paid from the funds in the hands
of the Police Pension Commission. Such auditor shall be selected by
the Policemen's Pension Association.
B.
The Police Pension Commission is hereby authorized
to make expenditures for the purpose of protecting the investments
of the association, to provide for audits and to meet the expense
of a Board of inquiry appointed to investigate applications for pensions
because of physical disability.
A.
On and after the effective date of the ordinance from
which this section was derived, all policemen, detectives and officers
who have proper civil service certification and who are retired from
duty from the Bureau of Police shall receive a pension at the rate
of one-half (1/2) of the salary currently paid in the highest paid
classification for the grade held by the employee at the time of his
retirement. Retired members of the Police Department shall in addition
receive an increase in the retirement allowance equal to one-half
(1/2) of the salary increase allowed active members as and when such
increases are established for active members.
B.
Upon the completion of 25 years of continuous regular
service in the Bureau of Police and similar continuous membership
in the Police Pension Fund any policeman or detective may be allowed
to retire upon his own request, but such member shall not be involuntarily
retired, except for inability to perform his regularly assigned duties.
When such member has completed 25 years of service and has attained
the age of 62 years, it shall be optional with the administration
to continue such police officer in service or to retire him. After
such period of 25 years of continuous service the pension rights of
a member of the Bureau of Police shall not be placed in jeopardy,
nor his pension refused upon dismissal from the service for any cause
whatsoever.
C.
No member of the Bureau of Police shall be retired
on full pension until he has served twelve and one-half (12 1/2)
years of full and continuous service as a member of the Bureau, unless
he has been disabled in the actual performance of his duty as a police
officer or detective. Should any member apply for or ask retirement
prior to service of twelve and one-half (12 1/2) years of full
and continuous service for disability acquired through an ailment
or injury not caused in the actual performance of his duty, he shall
be retired on a pension equaling 4% of his latest ranking salary,
provided that he has served in such rank for a period of one full
year, for each year since his appointment as a regular officer of
the Bureau of Police. Provided, further, that whenever any patrolman,
detective or officer is pensioned as a result of a disability and
thereafter enters into any business or employment for which he shall
receive compensation, he shall receive a pension in such amount that
when added to the compensation he receives from such business or employment,
shall not exceed the salary received by him as a member of the Bureau
of Police prior to his retirement. In no event, however, shall such
pension be more than one-half (1/2) the monthly salary received by
such patrolman, detective or officer at the time of his retirement.
[Amended by Ord. No. 25-1984]
A.
There shall be compulsory retirement of each regular
and reserve policeman in the service of the Bureau of Police, Department
of Public Safety, who shall have reached the age of 70 years.
B.
Any member of the Bureau of Police who shall be required
to retire because he has attained the age of 70 years but who has
not completed the time service that is called for in this Article
shall be entitled to a pension which is to be calculated by multiplying
2% times the number of years served, but in no event to exceed 50%
of the salary received at retirement time and increments thereafter
as provided by other ordinances. The benefits of this section shall
be applicable to all members of the Bureau of Police who have been
retired at age 70 but who have not qualified for a pension.
[Amended by Ord. No. 82-1987]
A.
When any member of the Police Pension Fund leaves
the Bureau of Police prior to qualifying for pensions benefits, he
or she is entitled to a refund of the total amount of contribution
to the pension fund and the spouses pension fund.
B.
When any member of the Police Pension Fund who is
not a member of the spouse's pension fund shall die while on active
service, his spouse, or if no spouse, his designated beneficiary or
estate, shall receive a lump sum for the total amount of their contribution
to the pension fund.
C.
When any member of the Police Pension Fund retires
and is not a member of the spouse's pension fund or at the time of
his or her death there exists a balance from the amount contributed
by the fund to the date of his or her death which is less than the
total amount that they had contributed then the existing balance will
be paid in a lump sum to his spouse and if no spouse, his designated
beneficiary or estate.
D.
When returning contributions from either the pension
fund and/or the spouse's pension fund, no interest is included on
the contributions, but the refund will be the actual contribution
to either fund. Said interest assists in the payment for benefits
including disability provisions and the return of interest on the
contributions would necessitate additional contributions from its
members.
When any police officer or detective is pensioned,
and thereafter enters the service of the City in any capacity with
compensation, the pension of such person shall be suspended during
his term of such service. Upon the termination of such service the
pension payments shall be resumed.
If any member of the Police Pension Association
shall be awarded a pension and shall thereafter be convicted of a
felony or shall become an habitual drunkard or shall cease to care
for and support his wife and family, then the Police Pension Commission
shall have the power, by two-thirds vote, to revoke the pension or
to suspend the payments thereof or to direct the payment of the pension
to the family of such pensioner.
[Added by Ord. No. 53-1981]
Whenever any patrolman, detective or officer
receives or is entitled to receive, for and during his period of disability,
compensation from the treasury of the City, workmen's compensation
benefits or payments in the nature of workmen's compensation benefits
from any source, such disability retirement benefits shall be reduced
by the amount and for the period such other compensation is paid or
payable even though all or part of the amount so payable may be wholly
or partially commuted.
A.
Said Police Pension Fund shall be under the care and
control of a Commission which shall be known as the "Police Pension
Commission," and shall consist of seven persons, two of the members
of said Commission shall be active members of the Bureau of Police
and shall be chosen by the Mayor from a list of five names suggested
and recommended to him at a general meeting of the Bureau of Police,
two shall be appointed from the citizens at large, two shall be appointed
from those who are retired police officers of the City and the seventh
member shall be the City Controller for the City. The two members
of the Bureau of Police and the citizens who are members of the Commission
and the two members from the ranks of the retired members of the Bureau
of Police shall be appointed by the Mayor. The membership of the City
Controller for the City on this Commission shall be concurrent with
the tenure of office as City controller. The terms of the present
members of this Commission with the exception only of the City Controller
shall continue until their term expires, and all appointments shall
be for a term of five years. The appointment of two members from the
ranks of the retired members of the Bureau of Police shall be for
a term of five years from date of approval of this section. Vacancies
on the Commission shall be filled by the Mayor by appointment for
the unexpired term. The Mayor may remove members of this Commission
for cause.
[Amended by Ord. No. 45-1993]
B.
Organization. Immediately upon its appointment the
Police Pension Commission shall meet and organize by selecting one
of its members as President, one as Secretary and one as Treasurer,
it may select a corporate trustee, which shall be a bank or trust
company situate in the City and which is authorized to conduct bank
or trust business. If a corporate trustee is selected, the corporate
trustee shall have no vote in the affairs of the Commission.
C.
Business. The Police Pension Commission shall keep
full and accurate accounts of all its transactions. It shall have
full power to make rules for the transaction of its business, the
investment of its money in legal investments, the application of its
funds, its time and place of meeting, etc., subject to the special
provisions and regulations in this Article or in such ordinances as
may hereafter be passed relating thereto. The Commission shall meet
at least once a month at a stated time at such time as it may designate
for the transaction of such business as may properly come before it.
All meetings shall be open to the public. A majority of the Commission
shall have power to transact business. All incidental expenditures
necessary to the transaction of the business of the Commission shall
be provided for by a City appropriation.
A.
Election.
(1)
Any member of the police pension or retirement fund who is married and who elects, in writing, to be governed by the provisions of the Act of 1965, P.L. 835 (53 P.S. § 30510.1), etc., and who retires under the provisions of the law regulating the retirement of police officers therein and ordinances of the City heretofore adopted and adopted pursuant thereto (specifically Article III of this chapter) shall, at the time of his retirement, receive the pension so provided for during his lifetime and a pension after his death, payable to his surviving spouse at the time of retirement, equal to 50% of his pension at the time of retirement and thereafter the spouse shall receive an increase in pension in an amount equal to 25% of any increase granted to active members of the police force of the same rank as the deceased spouse when he retires from active service, provided that such person so retiring shall have been married to his spouse not fewer than five years prior to the date of retirement and the spouse is dependent upon such deceased employee at the time of his death.
(2)
The pension to be paid to such surviving spouse shall
begin on the first day of the month in which the death of the deceased
spouse occurs and shall continue to and terminate upon the death of
such surviving spouse, unless such surviving spouse shall remarry,
in which event the payment of the survivor's pension shall thereupon
be terminated.
(3)
The word "pension" as used in this section shall be
construed to mean the sum of the pension, plus the amount of service
increment, if any, to which the married person retiring shall be entitled.
(4)
When any surviving spouse receives payments under
the provisions of this section, such surviving spouse shall not be
entitled to any withdrawal of contributions made into the police pension
or retirement fund by the deceased employee, nor shall the children,
parents or estate of the deceased employee be entitled to a refund
of the contributions.
B.
Conditions precedent; payments; withdrawal of contributions.
(1)
A surviving spouse of any active member of the police
pension or retirement fund who, at the time of his death, was in active
service with the City and had elected to be governed by the provisions
of this article shall be entitled to survivorship benefits equal to
50% of the pension which would have been payable to such active member
had he retired at the date of his death and thereafter shall receive
an increase in pension payments in an amount equal to 25% of the increase
granted to active members of the police force of the same rank as
the deceased spouse when he retires from active service; provided
that such employee shall have been married to his spouse for not fewer
than five years prior to the date of his death and that the spouse
was dependent upon such deceased employee at the time of his death.
(2)
Such surviving spouse shall be entitled to receive
payments commencing the first day of the month next following the
death of the deceased spouse, and such payment shall continue to and
terminate upon the death of such surviving spouse; provided, however,
that if such surviving spouse shall remarry, the payment of the survivorship
pension shall thereupon be terminated.
(3)
The word "pension," as used in this section, shall
be construed to mean the sum of the pension plus the amount of service
increments, if any, to which the deceased member of the police pension
or retirement fund would have been entitled had he retired upon the
date of his death.
(4)
When any surviving spouse receives payments under
the provisions of this section, such surviving spouse shall not be
entitled to any withdrawal of contributions made into the police pension
or retirement fund by the deceased employee, nor shall the estate
of the deceased be entitled to a refund of the contributions.
(5)
Each surviving spouse at the time active members of
the police force receive an increase in compensation shall receive
an increase in their pension in an amount equal to 25% of the increase
granted to active members of the police force of the same rank as
the deceased spouse when he retired from active service.
C.
Election to participate. Any member of the police
pension or retirement fund who has within 90 days of the effective
date of the Act of 1965 (53 P.S. § 30510.1 et seq.), and
any person hereafter joining the police pension or retirement fund
may within 90 days of joining the fund, elect to be governed by the
provisions of such act, provided that such election shall be in writing
and that writing shall be filed with the Secretary of the police pension
or retirement fund.
D.
Contributions. Each member who elects to be governed
under the provisions of this article shall agree to contribute 1%
of his earned compensation in addition to all other contributions
required by law and ordinances adopted pursuant thereto.
E.
Appropriations. The annual appropriation made by the
Council for the purpose of paying police pension or retirement allowances
shall be sufficient, when added to the contributions made by members
during such year, sums received from tax distributions and income
from investments, to pay in full the retirement allowances and the
pensions authorized by this article for surviving spouses payable
during such year.
[Adopted as Ord. No. 152-1987 (Ch. 12, Art. III, Div. 4, of
the 1979 Code)]
A.
On or after July 1, 1987, any individual who becomes
a member of the policemen's pension fund shall be governed by the
provisions of this article.
B.
Prior to July 1, 1987, any member of the policemen's
pension fund is eligible to be governed by the provisions of this
article. In order to do so, the member must notify the Secretary of
the policemen's pension fund, in writing, of his intention. Immediately
after the Secretary is notified, the member shall be governed by the
provisions of this article.
[Added 3-12-2015 by Ord.
No. 87-2015]
Every member who shall have served continuously for a period
of 25 years, periods of suspension and absence excluded, and having
attained the age of 55 shall be eligible to retire from the said Bureau.
The monthly pension benefit is to be set at
50% of the average monthly compensation calculated over the last 36
months of employment. "Compensation" is defined as base pay and longevity.
There shall not be a cost-of-living increase for those members who retire under the provisions of § 99-50. For those members who retire under the provisions of § 99-55, the cost-of-living increase shall amount to 25% of any increase in salary granted to those policemen on active duty of the same rank.
There shall not be a service increment for any
type of retirement.
There shall not be any lump sum death benefit.
A member shall be vested for a benefit after
25 years of continuous service, periods of suspension and absence
excluded.
A.
A service connected disability benefit is provided
for a member. The calculation of the benefit is defined as 50% of
monthly salary at the time of disability.
B.
A nonservice disability benefit is also provided for.
The calculation of the benefit is defined as 4% of monthly salary
at the time of disability per year of service not to exceed 50% of
monthly salary.
A.
Any member who is married and who retires shall at
the time of retirement receive the pension so provided for during
his lifetime and a pension after his death, payable to his surviving
spouse at the time of retirement equal to 50% of his pension at the
time of retirement and thereafter said spouse shall receive an increase
in pension in an amount to equal 25% of any increase granted to active
members of the same rank as the deceased spouse when he retired from
active service.
B.
A surviving spouse of any active member who at the
time of his death was in active service with the City shall be entitled
to survivorship benefits equal to 50% of the pension which would have
been payable to such active members had he retired at the date of
his death and thereafter shall receive an increase in pension payments
equal to 25% of the increase granted to active members of the same
rank as the deceased spouse when he retired from active service.
Each member shall contribute three and one-half
percent (3 1/2%) of base pay and longevity to the policemen's
pension fund.
The administration of the policemen's revised
pension plan shall be the same as the previously adopted policemen's
pension plan.
