City of Butler, PA Article XXII Administration

§ 57-107 Plan administrator.

The Pension Plan Board shall be the plan administrator and shall have the power and authority to do all acts and to execute, acknowledge and deliver all instruments necessary to implement and effectuate the purpose of this plan. The plan administrator may delegate authority to act on its behalf to any persons it deems appropriate. If a plan administrator is not appointed, the Council shall be the plan administrator.

§ 57-108 Pension Plan Board.

A. The Pension Plan Board shall consist of the Mayor, Director of Public Safety, the City Controller, the Director of Finance, City Treasurer, Chief of Police, the City Clerk and one member from the active members of the Bureau of Police and one retired former member of the Bureau of Police. The active police and retired police representatives shall be elected for a term of two years. Each member of the Pension Plan Board shall serve in that capacity until the earliest of death, resignation or removal. Any vacancy on the Pension Plan Board shall be filled in accord with the provisions governing initial appointment as a member of the Pension Plan Board.

B. The Pension Plan Board may organize itself in any manner deemed appropriate to effectuate its purposes hereunder, provided that it shall act by a majority of its members at the time in office either by vote at a meeting or in writing without a meeting; the Mayor shall be the President, the City Clerk, the Secretary, the City Treasurer, the Treasurer and the City Solicitor legal counselor for the Board, it may authorize any one or more of its members to execute any document or documents, including any application, request, certificate, notice, consent, waiver or direction and shall notify the Council, in writing, of each such member so authorized; however, if no such member is so authorized, the President shall be deemed to be so authorized; it shall meet at least one time in each plan year; and it shall maintain and keep such records as are necessary for the efficient operation of the plan and preservation of the pension fund or as may be required by any applicable law, regulation or ruling, and shall provide for the preparation and filing of such forms, reports or documents as may be required to be filed with any governmental agency or department and with the participants and/or other persons entitled to benefits under the plan. The Board shall meet at the call of the President or of any five members.

§ 57-109 Authority and duties of the plan administrator.

A. The plan administrator shall have full power and authority to do whatever shall, in its judgment, be reasonably necessary for the proper administration and operation of the plan. The interpretation or construction placed upon any term or provision of the plan by the plan administrator or any action of the plan administrator taken in good faith shall be final and conclusive upon all parties hereto, whether employees, participants or other persons concerned. By way of specification and not limitation and except as specifically limited hereafter, the plan administrator is authorized:

(1) To construe this plan;

(2) To determine all questions affecting the eligibility of any employee to participate herein;

(3) To compute the amount and source of any benefit payable hereunder to any participant or beneficiary;

(4) To authorize any and all disbursements;

(5) To prescribe any procedure to be followed by any participant and/or other person in filing any application or election;

(6) To prepare and distribute, in such manner as may be required by law or as the plan administrator deems appropriate, information explaining the plan;

(7) To require from the employer or any participant such information as shall be necessary for the proper administration of the plan.

B. The plan administrator, in its capacity as plan administrator, shall have no power to add to, subtract from or modify the terms of the plan or change or add to any benefits provided by the plan or to waive or fail to apply any requirements of eligibility for benefits under the plan. Further, the plan administrator shall have no power to adopt, amend, or terminate the plan or to determine or require any contributions to the plan, said powers being exclusively reserved to the Council in its capacity as the governing body of the employer.

§ 57-110 Plan administration expense.

All reasonable expenses incident to the functioning of the plan administrator, including, but not limited to, fees of accountants, legal fees incurred for advice or to defend the fund (not including fees to defend the fund's trustee or the City), actuaries and other specialists and other costs of administering the plan, may be paid from the pension fund upon approval by the plan administrator to the extent permitted under applicable law and not otherwise paid by the employer.

§ 57-111 Hold harmless.

No member of the Council nor the plan administrator nor the actuary nor any other person involved in the administration of the plan shall be liable to any person on account of any act or failure to act which is taken or omitted to be taken in good faith in performing their respective duties under the terms of this plan. To the extent permitted by law, the employer shall, and hereby does agree to, indemnify and hold harmless the plan administrator and each successor and each of any such individual's heirs, executors and administrators, and the plan administrator's delegates and appointees (other than any person, bank, firm or corporation which is independent of the employer and which renders services to the plan for a fee) from any and all liability and expenses, including counsel fees, reasonably incurred in any action, suit or proceeding to which he is or may be made a party by reason of being or having been the plan administrator or a delegate or appointee of the plan administrator except in matters involving criminal liability, intentional or willful misconduct. If the employer purchases insurance to cover claims of a nature described above, then there shall be no right of indemnification except to the extent of any deductible amount under the insurance coverage or to the extent of the amount the claims exceed the insured amount.

§ 57-112 Approval of benefits.

The plan administrator shall review and approve or deny any application for retirement benefits within 30 days following receipt thereof or within such longer time as may be necessary under the circumstances. Any denial of an application for retirement benefits shall be in writing and shall specify the reason for such denial.

§ 57-113 Appeal procedure.

Any person whose application for retirement benefits is denied, who questions the amount of benefit paid, who believes a benefit should have commenced which did not so commence or who has some other claim arising under the plan ("claimant") shall first seek a resolution of such claim under the procedure hereinafter set forth.

A. Any claimant shall file a notice of the claim with the plan administrator which shall fully describe the nature of the claim. The plan administrator shall review the claim and make an initial determination approving or denying the claim.

B. If the claim is denied in whole or in part, the plan administrator shall, within 90 days (or such other period as may be established by applicable law) from the time the application is received, mail notice of such denial to the claimant. Such ninety-day period may be extended by the plan administrator if special circumstances so require for up to 90 additional days by the plan administrator's delivering notice of such extension to the claimant within the first ninety-day period. Any notice hereunder shall be written in a manner calculated to be understood by the claimant and, if a notice of denial, shall set forth the specific plan provisions on which the denial is based, an explanation of additional material or information, if any, necessary to perfect such claim and a statement of why such material or information is necessary and an explanation of the review procedure.

C. Upon receipt of notice denying the claim, the claimant shall have the right to request a full and fair review by the Council of the initial determination. Such request for review must be made by notice to the Council within 60 days of receipt of such notice of denial. During such review, the claimant or a duly authorized representative shall have the right to review any pertinent documents and to submit any issues or comments in writing. The Council shall, within 60 days after receipt of the notice requesting such review (or in special circumstances, such as where the Council in its sole discretion holds a hearing, within 120 days of receipt of such notice), submit its decision in writing to the person or persons whose claim has been denied. The decision shall be final, conclusive and binding on all parties, shall be written in a manner calculated to be understood by the claimant and shall contain specific references to the pertinent plan provisions on which the decision is based.

D. Any notice of a claim questioning the amount of a benefit in pay status shall be filed within 90 days following the date of the first payment which would be adjusted if the claim is granted unless the plan administrator allows a later filing for good cause shown.

E. A claimant who does not submit a notice of a claim or a notice requesting a review of a denial of a claim within the time limitations specified above shall be deemed to have waived such claim or right to review.

F. Nothing contained herein is intended to abridge any right of a claimant to appeal any final decision hereunder to a court of competent jurisdiction under 2 Pa.C.S.A. § 752. No decision hereunder is a final decision from which such an appeal may be taken until the entire appeal procedure of this § 57-113 of the plan has been exhausted.