The following words and phrases as used herein shall have the
meanings set forth in this article, unless a different meaning is
plainly required by the context:
As of any given computation date, a participant's monthly normal retirement benefit determined in accordance with § 46-13, which amount shall be based upon the participant's final monthly average compensation and credited service determined as of such computation date and which shall represent the monthly benefit which would be payable as of the participant's attainment of normal retirement age, provided that the participant shall satisfy all requirements pursuant to the terms of the plan for entitlement to receive such benefit. In no event, however, shall the accrued benefit exceed the maximum limitation, determined as of the date of computation, provided under § 46-19. All accrued benefits are subject to all applicable limitations, reductions, offsets and actuarial adjustments provided by the plan prior to the actual payment thereof.
The total amount contributed by a participant to this plan or its predecessor by way of payroll deduction or otherwise, plus interest credited at the rate of 3% and compounded annually from the midpoint of the plan year or part thereof when paid into the pension fund until the first day of the month in which a distribution of accumulated contributions occurs pursuant to §§ 46-30 or 46-34, or the payment of a retirement benefit commences.
The Municipal Pension Plan Funding Standard and Recovery
Act which was enacted as Act 205 of 1984, as amended, 53 P.S. § 895.101
et seq.
Two forms of payment of equal actuarial present value on
a specified date. The actuarial present value shall be determined
by use of the UP 1984 Mortality Table and six-and-one-half-percent
interest unless otherwise expressly provided herein.
The person, partnership, association or corporation who or
which at any given time is as actuary, provided that such actuary
must be an approved actuary as defined in the Act.
January 1 of a given plan year.
Any leave of absence granted in writing by the employer for
reasons including, but not limited to, accident, sickness, pregnancy
or temporary disability, education, training, jury duty or such other
reasons as may necessitate authorized leave from active employment.
An authorized leave of absence shall also include a period of time
for active service with the armed forces of the United States of America,
provided that such service shall commence after the participant has
completed at least six months of credited service and the participant
shall return to employment within the applicable time prescribed by
law following separation from such military service.
The person or persons validly designated, in writing, by
a participant to receive such benefits as may be due hereunder upon
the participant's death. A designation shall become effective
only upon the participant's death and shall be valid only if
delivered prior to such participant's death to the Plan Administrator
in such form as the Plan Administrator shall specify. In the event
that there is no validly designated beneficiary that survives the
participant or that is legally able to take the benefits provided
as beneficiary, then the beneficiary shall be the surviving spouse
or, if there is no surviving spouse, the issue, per stirpes, or, if
there is no surviving issue, the estate of the participant; but, if
no personal representative has been appointed, to those persons who
would be entitled to the estate under the intestacy laws of the Commonwealth
of Pennsylvania if the participant had died intestate and a resident
of Pennsylvania.
The Borough Manager who has the primary responsibility for
the execution of the administrative affairs for the plan.
[Amended 5-6-2002 by Ord. No. 1513]
The Internal Revenue Code of 1986, as amended.
The Commonwealth of Pennsylvania.
The total salary or wages paid to an employee by the employer
for active services rendered in employment and shall exclude extra
or additional forms of remuneration, including but not necessarily
limited to amounts paid as allowance or reimbursement for expenses
or payments made to an employee welfare or benefit plan on behalf
of the employee. Compensation shall be limited on an annual basis
for the purposes of this plan to the amount specified for Government
plans in accordance with Code Section 401(a)(17), as adjusted under
Code Section 415(d).
The Borough Council of the Borough of Dormont, Allegheny
County, Pennsylvania.
A participant's total years of service and fraction thereof, calculated to the nearest completed month of service as determined from the participant's date of hire. "Credited service" shall include each period of active employment and each period of time during which an employee is on an authorized leave of absence. "Credited service" shall not include any period of time during which an employee failed or refused to make required employee contributions pursuant to § 46-8. "Credited service" shall also mean any period of qualified military service as determined under the requirements of Chapter 43 of Title 38, United States Code, provided that the participant returns to employment following such period of qualified military service and the participant makes payment to the plan in an amount equal to the participant contributions that would otherwise have been paid to the plan during such period of qualified military service. The amount of participant contributions shall be based upon an estimate of the compensation that would have been paid to the participant during such period of qualified military service as determined by the average compensation paid to the participant during the 12 months immediately preceding the period of qualified military service. The amount of participant contributions so calculated must be paid into the plan before the end of the period that begins on the date of reemployment and ends on the earlier of the date that ends the period that has a duration of three times the period of qualified military service or the date that is five years after the date of reemployment.
[Amended 11-5-2001 by Ord. No. 1503]
Any participant who is a member of the desk officer/fire
apparatus operator collective bargaining unit.
[Added 7-7-2008 by Ord. No. 1558]
The date a participant attains age 62 and has completed at
least 15 years of credited service.
Any individual employed by the employer as a regular full-time
employee who is entitled to receive a regular stated salary or wage,
excluding any pension, retainer or fee under contract. Any police
officer, fireman or individual covered under another retirement plan
or program sponsored by the employer shall be excluded as an employee
under this plan.
The Borough of Dormont, Allegheny County, Pennsylvania.
Any period of time in which an employee renders services
for the employer for which the employee is entitled to receive compensation.
"Employment" shall exclude any period of time in which services are
performed as an independent contractor paid on a contractual or fee
basis.
[Added 7-7-2008 by Ord. No. 1558]
The average monthly compensation earned by a desk officer/fire
apparatus operator and paid by the employer during the last 36 months
of active rendering of service in employment immediately preceding
the termination of employment. Compensation for this purpose shall
include the employee's compensation to which the employee is
entitled for active rendering of services in employment and shall
exclude for this purpose any single sum or extraordinary payments
made which are not directly attributable to active employment during
the averaging period, including but not limited to payment of a back
pay damage award.
Final monthly average compensation for a desk officer/fire apparatus
operator shall be calculated by taking into account only those periods
during which an employee receives compensation as described herein
for active rendering of service in employment. Therefore, for example,
the final monthly average compensation for a desk officer/fire apparatus
operator who receives disability benefits from this plan or who is
on an authorized leave of absence during the final months of employment
shall be based on the period which includes 36 full months during
which the employee last received compensation from the employer as
described herein.
Compensation used to determine final monthly average compensation
shall be limited on an annual basis for the purpose of the plan to
the amount specified for government plans in accordance with Code
Section 401(a)(17), as adjusted under Code Section 415(d).
[Added 7-7-2008 by Ord. No. 1558]
The average monthly compensation earned by a non-desk officer/fire
apparatus operator and paid by the employer during the last 60 months
of active rendering of service in employment immediately preceding
the termination of employment. Compensation for this purpose shall
include the employee's compensation to which the employee is
entitled for active rendering of services in employment and shall
exclude for this purpose any single sum or extraordinary payments
made which are not directly attributable to active employment during
the averaging period, including but not limited to payment of a back
pay damage award.
Final monthly average compensation for a non-desk officer/fire
apparatus operator shall be calculated by taking into account only
those periods during which an employee receives compensation as described
herein for active rendering of service in employment. Therefore, for
example, the final monthly average compensation for a non-desk officer/fire
apparatus operator who receives disability benefits from this plan
or who is on an authorized leave of absence during the final months
of employment shall be based on the period which includes 60 full
months during which the employee last received compensation from the
employer as described herein.
Compensation used to determine final monthly average compensation
shall be limited on an annual basis for the purpose of the plan to
the amount specified for government plans in accordance with Code
Section 401(a)(17), as adjusted under Code Section 415(d).
The minimum obligation of the municipality as determined
by the actuary pursuant to the provisions of the Act.
Any participant who is not a member of the desk officer/fire
apparatus operator collective bargaining unit.
[Added 7-7-2008 by Ord. No. 1558]
The date a participant attains 60 years of age and completes
at least 20 years of credited service.
[Amended 11-3-2014 by Ord. No. 1602]
A written document prepared in the form specified by the
Plan Administrator and delivered as follows: if such notice or election
is to be provided by the employer or the Plan Administrator, it shall
be mailed in a properly addressed envelope, postage prepaid, to the
last known address of the person entitled thereto, on or before the
last day of the specified notice or election period; or, if such notice
or election is to be provided to the employer or the Plan Administrator,
it must be received by the recipient on or before the last day of
the specified notice or election period.
Any employee who has commenced participation in this plan in accordance with Article II and has not for any reason ceased to participate hereunder.
The assets of the plan, which shall be accounted for separately
from the assets of any other plans maintained by the employer, whether
actually held separately or commingled with the assets of another
plan, and which shall be administered under the supervision of the
employer in accordance with the terms of the plan and applicable law.
The committee appointed by Council pursuant to the provisions of § 46-38, which shall be responsible for the administration of the plan.
The Borough of Dormont Non-Police Employees' Pension
Plan as herein set forth and as it may be amended from time to time
hereafter.
The committee appointed for the purpose of supervising and
administering the provisions of the plan. In the event that no such
appointment is made, the Plan Administrator shall be the Council.
[Amended 5-6-2002 by Ord. No. 1513]
The consecutive twelve-month period beginning on January
1 and ending on December 31 of each year.
January 1, 1996, the effective date of this plan as hereby
amended and restated.
The first day of the month coincident with or next following
the date on which the participant retires from employment or the first
day of any month thereafter on which the payment of retirement benefits
pursuant to this plan shall commence, whichever is later.
A condition of physical or mental impairment due to which a participant is unable to perform a duty of gainful employment for which the participant is suited by training, education or experience, which is reasonably expected to continue to be permanent until the death of the participant, and which qualifies the participant to receive disability benefits under the Federal Social Security Act. For purposes of this definition and Article V, a condition which is the result of alcoholism, addiction to narcotics, the perpetration of any criminal activity or is willfully self-inflicted shall not be considered a total and permanent disability.
