[Adopted 10-3-1989 as Ch. 35, Art. III, of the 1989 Code]
Pursuant to the provisions of the laws of this commonwealth pertaining to police pension funds, the Borough of Trafford hereby establishes a Police Pension Fund, which shall be administered by the Police Pension Fund Committee and the appointed Agent of Record, and such appointments shall be made by the President of the Council.
The fund shall be maintained by the moneys received from the Commonwealth Treasurer designated for police pension funds, from taxes paid on insurance premiums by foreign casualty insurance companies, by gifts, grants, devises or bequests granted to said pension fund and, if necessary, by a charge against each member of the police force and, if necessary, by annual appropriations made by the Borough of Trafford.
Such Police Pension Fund shall be under the direction of the Borough Council and managed by the Police Pension Fund Committee and shall be under such regulations as the Borough Council may prescribe, by ordinance, for the benefit of such members of the Borough of Trafford police force as shall receive honorable discharge therefrom, by reason of age and service or disability, and for the families of such as may be killed in the service. Where the borough is liable to pay disability benefits to a member under any laws of this commonwealth, any amount received from this Police Pension Fund or from any disability contracts purchased for such members by the borough shall be used to offset the borough's liability.
The Borough of Trafford is hereby authorized to take, by gift, grant, devise or bequest, any money or property, real, personal or mixed, in trust for the benefit of such fund, and the care, management, investment and disposal of such funds or property shall be vested in the Borough Council and the Police Pension Fund Committee. Said funds held in such trust shall be governed thereby subject to such directions not inconsistent therewith, as the donors of such funds and property may prescribe.
[Amended 7-7-1992 by Ord. No. 637; 11-15-1994 by Ord. No. 650]
A. 
The Borough of Trafford hereby prescribes a minimum period of total service in the aggregate of 25 years in the Borough of Trafford and shall fix the age of the members of the force at 50 years, after which they shall retire from active duty. Such members as are retired shall be subject to service, from time to time, as a police reserve in cases of riot, tumult or the preservation of the public peace until not fit for such service, when said officer may be finally discharged by reason of age or disability. Any member who has reached such eligible retirement age may request the Borough Council for an extension of full-time employment as a police officer. Such extension may be granted by the Borough Council from year to year; however, not beyond age 65, at which time the employment of said officer shall be terminated.
B. 
The Borough of Trafford hereby prescribes that a full-time police officer is vested after 12 years of service. The vested benefit formula is calculated by using the normal retirement benefit based on the final 36 months' average earnings at the time of termination times a ratio. The ratio is years of service to termination divided by projected years of service at normal retirement. The maximum ratio is one.
Any member of the police force employed by the Borough of Trafford who has been a regular appointed employee of the Borough of Trafford for a period of at least six months and who thereafter shall enter into the military service of the United States shall have credited to his employment record, for pension or retirement benefits, all of the time spent by him in such military service, if such person returns or has heretofore returned to his employment within six months after his separation from the service.
[Amended 9-16-1999 by Ord. No. 670]
A. 
Payments made under the provisions of this article shall not be a charge on any other fund in the treasury of the Borough of Trafford or under its control, save the Police Pension Fund herein provided for. The basis for determining any pension payable under this article, following the retirement of any member of the force meeting the service and age qualifications of this article, shall be as follows: Normal monthly pension or retirement benefits shall be computed at 1/2 of the monthly average salary, including longevity and overtime, of such member during the last 36 months of his employment and shall be payable to the member for as long as he lives. Such pension or retirement benefits for any month shall be computed as the sum of any pension benefits from pension plans heretofore established by a private organization or association for the member of the police force; 0% of the primary benefits under the federal social security laws for which the member may be eligible because of age, where positions covered by this fund are included in an agreement under the Federal Social Security Act; and benefits from the Police Pension Fund established pursuant to the provisions of this article to the extent necessary to bring the total benefits in any month up to 1/2 of the aforesaid monthly average salary. Cost of living increases for members of the police force receiving retirement benefits may be provided; however, they shall not exceed the percentage increase in the consumer price index from the year in which the police member last worked. In no case shall the total police pension benefits exceed 75% of the salary for computing retirements benefits, and the total cost of living increase shall not exceed 30%. No cost of living increase shall be granted which would impair the actuarial soundness of the pension fund. Each member retiring under this plan shall have the option to keep a $5,000 life insurance policy after retirement, provided that he agrees to make the regular premium payments that may be due from year to year on such converted life insurance policy.
B. 
Members entitled to retirement benefits shall receive length-of-service increments equal to $10 for each year of service completed in excess of 25 years; however, not to exceed $100.
[Amended 12-16-2008 by Ord. No. 726; 8-17-2010 by Ord. No. 734]
A. 
If a member shall die after the commencement of benefit payments hereunder, after the member is eligible to retire and before retirement benefit payments commence, after eligibility for a deferred vested benefit, a survivor benefit shall be paid to the surviving spouse, if any, of the member in an amount equal to 50% of the member's accrued benefit or vested benefit as of the date of death. In the case of a death of a member who is eligible for deferred vested benefit prior to commencement of payments, payments to the surviving spouse shall commence upon the date the deceased member would have begun receiving the deferred vested benefit.
B. 
The survivor benefit shall be paid to the surviving spouse for his/her lifetime. Upon the death of the surviving spouse or if no spouse survives, the survivor benefit shall be paid monthly in equal shares to the surviving dependent children of the deceased member. Dependent children shall include the children of the deceased member who have not attained at least 18 years of age or, if attending college, under or attaining the age of 23 years. The shares payable to the surviving dependent children shall be adjusted as each child ceases to be eligible to receive a share of the benefit hereunder.
C. 
The phrase "attending college" shall mean the eligible children are registered at an accredited institution of higher learning and are carrying a minimum course load of seven credit hours per semester.
The actuary to be employed by the Borough of Trafford with respect to the Police Pension Fund hereby established shall be provided through the Agent of Record, and such actuary shall be used as needed to provide those services as required under Act 600[1] or any amendments thereto.
[1]
Editor's Note: See 53 P.S. § 767 et seq.
Payments made by the State Treasurer to the Borough of Trafford Treasurer from moneys received from taxes paid upon premiums by foreign casualty insurance companies for purposes of pension benefits shall be used to make deposits into the fund and to pay for the premiums on contracts as provided for within this chapter.
[Amended 11-15-1994 by Ord. No. 650; 12-16-2008 by Ord. No. 726]
A. 
Each full-time police officer is required to contribute a percentage of compensation to the plan. This percentage is calculated by multiplying the social security offset by 3% and subtracting that product from 5%. Thus, since the social security offset has been eliminated 0%, the contribution rate for full-time police officers is hereby set at 5% of compensation.
B. 
The employer may, on an annual basis, by ordinance or resolution, reduce or eliminate contributions into the plan by full-time police officers. Such reduction or elimination is usually subject to the terms and conditions, or limitations, if any, contained in any bargaining agreements between the employer and the police officers. The reduction or elimination of participant contributions shall not permit the return of contributions or any interest or plan earnings to be made to members while an active employee. If an actuarial study shows that the condition of the plan is such that any payments are needed by the employer, the employer reserves the right to reinstate member contributions to the extent as provided herein and by Act 600,[1] as amended.
[1]
Editor's Note: See 53 P.S. § 767 et seq.
Any member of the police force of the Borough of Trafford who, for any reason whatsoever, shall be ineligible to receive a pension after having contributed any charges to a police pension fund established pursuant to the provisions of this article, shall be entitled to a refund of all such moneys paid by him into such fund, plus interest of 5% on all member contributions deposited into the pension fund.
No person participating in a police pension fund established pursuant to the provisions of this article who becomes entitled to receive a benefit therefrom shall be deprived of his right to an equal proportionate share therein on the basis upon which he first became entitled thereto.
The Borough of Trafford hereby prescribes that should a member die prior to his eligible retirement date, the member's beneficiary or his estate shall receive that amount as provided for in his individual life insurance contract. In addition, a refund of the member's contributions, plus interest of 5% on the same, will be paid to the member's beneficiary or his estate from the Police Pension Fund.
The pension payments herein provided for shall not be subject to attachment, execution, levy, garnishment or other legal process and shall be payable only to the member or his designated beneficiary and shall not be subject to assignment or transfer.
The Borough of Trafford shall appoint an Agent of Record, who shall also be a member of the Police Pension Fund Committee, for the purposes of assisting in the management and administration of the Police Pension Fund with the full power to act and perform said duties as permissible under the laws of this commonwealth. All decisions pertaining to the management of said Police Pension Fund shall be reviewed by the three members of said Police Pension Fund Committee, and the decision of any two of said three members shall be sufficient authority to act in any matter pertaining to said fund. All warrants issued on said Police Pension Fund accounts shall be signed by two members of the Council serving on the Police Pension Fund Committee or one member of the Council serving on the Police Pension Fund Committee and the Secretary of the Borough of Trafford.
The Agent of Record is hereby authorized to purchase any and all pension annuity contracts as approved by the Police Pension Fund Committee. The Borough Administrator is hereby authorized and directed to make the premium payments on such pension annuity contracts when due and deposit the foreign casualty tax allocation into the proper account when received from the commonwealth.
The Police Pension Fund provided for herein is hereby established, immediately.
[Amended 11-15-1994 by Ord. No. 650; 12-16-2008 by Ord. No. 726]
A. 
A full-time police officer of the Borough of Trafford (employer) who incurs a permanent disability while on official police business on behalf of the employer shall be entitled to a monthly disability benefit commencing on the first day of the calendar month coincident with or next following the date on which the determination of disability is made.
B. 
A member who shall be entitled to a disability benefit shall receive a monthly benefit in an amount equal to 50% of the member's salary as of the date on which the determination of disability is made, provided that any member who receives benefits for the same injuries under the Social Security Act shall have his disability benefits offset or reduced by the amount of such social security benefits. "Salary" for purposes of this section represents the base or hourly rate of pay earned by the member for working a regular forty-hour workweek, including payment for longevity, converted to a monthly salary. Salary for purposes of this section shall exclude payment for overtime, or any lump-sum payments for unused leave, or any other forms of compensation not considered base pay or longevity pay.
C. 
A police officer is deemed to be disabled if, while performing official police business (duties) on behalf of the employer, and as a result of sickness or bodily injury, he/she is unable to perform with reasonable continuity the material duties of his/her own occupation. The determination of permanent service-related disability shall be made by the employer or the Police Pension Committee, based in part upon the results of medical examinations which may be conducted by one or more physicians or vocational specialists either designated by, or acceptable to the employer. Determination by the Social Security Administration that such police officer is entitled to permanent disability benefits under the Federal Social Security Act may also serve as satisfactory evidence of permanent disability, although such entitlement is not conclusive.