[HISTORY: Adopted by the Borough Council of the Borough of
Eddystone as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-12-1990 by Ord. No. 543, approved 11-12-1990]
The Borough of Eddystone Police Pension Plan is hereby restated
and the Police Pension Fund is hereby recreated pursuant to the Act
of May 29, 1956, P.L. 1804 (Act 600), as amended.[1] The plan and fund shall be under the general direction
of the Borough Council, with the Borough Secretary having the primary
responsibility to administer the plan and fund.
[1]
Editor's Note: See 53 P.S. § 767 et seq.
A.
Each permanent, full-time police officer now or hereafter employed
or retired by the Borough shall be a member of the plan effective
with the date of employment. A former member who is reemployed will
be treated as a new employee unless the full amount of any refund
is repaid and the reemployment is within one year after separation,
unless the member was furloughed for economic reasons. A former member
returning after military service shall be reinstated in accordance
with the provisions of Act 600.[1]
[1]
Editor's Note: See 53 P.S. § 767 et seq.
B.
Active members shall pay into the fund, via payroll deduction, the
amount not to exceed 2% of their compensation for the years 1998,
1999 and 2000. For those members hired before August 30, 1983, the
deduction shall be applied to the total compensation paid by the Borough,
excluding severance-type payments such as unused holidays and vacation
and sick leave at time of retirement. For those members hired after
that date, the deductions shall be applied to the base salary and
any other fixed amount of compensation that may be paid at regular
intervals. Regardless of when a member was hired, no deduction shall
be made on compensation earned while working for a firm or organization
other than the Borough.
[Amended 3-8-1999 by Ord. No. 576, approved 3-8-1999]
A.
Each member who has completed 25 years of credited service and who
has attained the age of 55 shall be eligible to retire the first day
of the month coincident with or following the achievement of these
age and service requirements. This date shall be known as the "normal
retirement date."
B.
The normal form of benefit shall be a straight life pension, payable for the member's lifetime only. Prior to retirement, however, members may elect to have the benefit paid in an actuarially reduced amount under a one-hundred-percent joint survivorship option. This option provides that 100% of the benefits the deceased member had been receiving will be continued to the member's surviving spouse for life. If a member selects this option, then the survivor(s) shall not be eligible for a survivor benefit as described in § 29-5. The foregoing one-hundred-percent spouse option shall be an option for those members hired before January 1, 1997.
[Amended 3-8-1999 by Ord. No. 576, approved 3-8-1999]
C.
All retirement benefits shall be payable monthly, and the straight
life pension shall be equal to 50% of the average monthly salary during
the last 36 months of employment. "Average monthly salary" shall mean,
for those members hired before August 30, 1983, total compensation
paid by the Borough, excluding severance-type payments such as unused
holidays and vacation and sick leave. For those members hired after
August 30, 1983, it shall mean base salary and any other fixed amount
of compensation paid at regular intervals. Regardless of when hired,
salary shall not include any compensation earned while working for
a firm or organization other than the Borough, even though compensation
may be received via the Borough.
A.
In the event that a member becomes totally and permanently disabled
as a direct result of a disability received in the line of duty (service-connected)
prior to reaching the member's normal retirement date, the member
shall be entitled to receive a monthly disability pension in an amount
equal to 70% of the member's average monthly salary during the
last 36 months prior to becoming disabled, which shall include all
moneys received in the twelve-month period preceding retirement.
[Amended 3-8-1999 by Ord. No. 576, approved 3-8-1999]
B.
If the member receives a benefit from workers' compensation,
then the benefit shall be 100% calculated as above. This disability
pension benefit shall be offset by the full amount of the workers'
compensation benefit until all workers' compensation benefit
entitlements have been exhausted by the members.
[Amended 3-8-1999 by Ord. No. 576, approved 3-8-1999]
C.
The determination of permanent disability, if necessary, shall be
by a doctor selected and paid for by the Borough. The Borough may
require any member who is receiving a pension and has not reached
the member's normal retirement date to undergo a medical exam
to verify continued eligibility; however, such a member shall not
be required to submit to a medical examination more frequently than
once every four years except in cases of substantial employment. Should
the doctor find that the member is no longer permanently disabled
and is able to perform the duties of a police officer, such member
shall be restored to a position on the police force and the disability
pension shall be discontinued. If such member refuses or fails to
accept such a reinstatement, then the pension shall cease and the
member may, if eligible, vest his or her pension.
D.
Should the member disagree with the findings of the doctor selected
by the Borough, the member shall have the right to be examined by
a doctor of the member's choice, at the expense of the member.
If the findings of the member's doctor are contrary to those
of the Borough's doctor, then the member shall have the right
to the opinion of a third doctor, who shall be selected by mutual
agreement of the parties and whose findings shall be conclusive. The
expense of the third-party doctor shall be paid by the member if the
findings agree with the Borough-designated doctor or by the Borough
if they agree with the doctor selected by the member.
E.
A disabled member shall pursue the maximum workers' compensation
benefits to which the member may be entitled and may not commute any
such benefit without approval by the Borough. The determination of
benefits shall not be affected by any assignment or pledge of workers'
compensation proceeds to a third party.
In the event that a member is killed in service before becoming
eligible to retire, dies after having retired or dies while still
active but after becoming eligible to retire, then the spouse shall
be entitled, during the spouse's lifetime or so long as the spouse
does not remarry, to receive a pension equal to 50% of the pension
the member was receiving or would have received had the member been
eligible for a superannuation pension at the time of the member's
death. If no spouse survives or if the spouse survives and subsequently
dies or remarries, then the child or children under the age of 18
of the member shall be entitled to receive the same pension, which
shall then cease at the age of 18.
A.
A member shall have the option to vest his or her superannuation
retirement benefit if the member's full-time employment is terminated
for any reason after 12 years of service. If a member wishes to vest,
the member shall file a written notice of intent to do so with the
Borough Secretary within 90 days of the termination date.
B.
Upon reaching the date which would have been the normal retirement
date if the member had continued to be employed, the member shall
be paid a partial superannuation pension benefit. The benefit shall
be determined by applying the percentage of years of actual service
to the years of service that would have been rendered if the member
had continued working up until the normal retirement date. As an example,
if the total years of service required for a full pension benefit
is 25 and a member vests after 12 1/2 years of service, the partial
pension shall be 50% of the normal or full amount. The average monthly
salary used for this determination shall be the earnings prior to
the date of termination.
A.
A member who is receiving superannuation or service-connected disability
retirement benefits shall also receive an annual cost-of-living increase,
provided that such increase or decrease shall not exceed the percentage
change in the Philadelphia Consumer Price Index for all urban consumers
from the year in which the member last worked; the total pension benefits
do not exceed 75% of the salary used for computing retirement benefits;
the total cost-of-living increase does not exceed 30% and a cost-of-living
increase does not impair the actuarial soundness of the fund. No retirement
benefit shall be reduced below the amount the member first received
before any cost-of-living adjustment.
B.
The first cost-of-living adjustment shall be made in January following
the year of retirement. All subsequent adjustments shall be made in
January, and all adjustments shall be calculated on the twelve-month
percentage change in the consumer price index as of the previous October.
A.
If a member terminates his or her employment for reasons other than
retirement or death, the member shall receive a refund of all moneys
paid by him/her or her into the Police Pension Fund, along with interest
at a rate of 6% per annum.
B.
In the event that an officer dies before retirement and there is
no survivor benefit, the refund shall be paid to the member's
designated beneficiary or, in the absence thereof, to the estate.
If a member dies after retirement before receiving pension payments
equal to his or her contributions and there is no survivor benefit,
the refund shall be the difference between the contributions and the
total of pension payments.
A.
An advisory Police Pension Fund Committee is hereby created. The
Committee shall monitor the operation of the fund and plan and advise
the Borough Council on matters concerning the administration of the
fund and plan.
B.
The Committee shall consist of five members, two of whom shall be
members of the Borough Council and designated by the President of
the Council. The other members shall be the Borough Secretary, the
Police Chief and another member of the Police Department selected
by the police officers.
C.
The Committee shall meet at least biannually for the purpose of reviewing
the biennial actuarial report. Other meetings shall be held whenever
a majority of the members concur that a meeting would be desirable.
