[Adopted 2-5-2015 by Ord. No. 2015-01]
The purpose of this article is to satisfy its obligations to
provide unemployment compensation for its employees by joining the
trust in accordance with the terms of the Restated Trust Agreement.
This article is enacted pursuant to the enabling authority of
the Pennsylvania Intergovernmental Cooperation Law, 53 Pa. C.S.A.
§ 2301 et seq. and Section 1506 of the Second Class Township
Code, 53 P.S. § 66506.
The Board of Supervisors hereby specifically finds and determines
as follows:
A.
The conditions of the intergovernmental cooperative agreement are
set forth in the Restated Trust Agreement incorporated by reference
herein.
B.
The Township shall participate in the trust in accordance with the
Restated Trust Agreement until it withdraws by giving notice to the
Board of Trustees in accordance with the terms of the Restated Trust
Agreement.
C.
The purpose and objectives of the intergovernmental cooperative arrangement,
including powers and scope of authority delegated to the Board of
Trustees, are set forth in the incorporated Restated Trust Agreement.
D.
The manner and extent of financing of the agreement are that funds
to implement the Township's obligations under the agreement shall
come from the normal and usual budgeted amounts for Township employee
compensation and employee benefits and no borrowing is anticipated
to be required.
E.
The trust shall be managed by the Board of Trustees pursuant to the
terms of the Restated Trust Agreement.
F.
All assets and property, real or personal, of the trust shall be
titled to, acquired, managed, licensed or disposed of by the trust,
and its Board of Trustees, in accordance with the terms of the Restated
Trust Agreement.
G.
The trust, in accordance with the Restated Trust Agreement, shall
be empowered to enter into contracts for policies of group insurance
and employee welfare benefits to be offered to participating employers
for their eligible employee and dependents.
A.
As set forth in greater detail in the Restated Trust Agreement, the
following conditions apply to the participation of the Township, as
a participating employer, in the trust:
(1)
That each participating employer must meet the admission and eligibility
requirements set forth therein;
(2)
That each participating employer agrees to pay all contributions
when due as provided in the Restated Trust Agreement or as otherwise
established by the Board of Trustees; and
(3)
That each participating employer complies with all other conditions
of the Restated Trust Agreement.
B.
The Township further agrees to comply with all of the terms and conditions
in the Restated Trust Agreement.
Participation of the Township in the trust is authorized for
the purpose of pooling resources for the purpose of providing unemployment
compensation insurance at reasonable cost.
A.
The funds required for the operation of the trust shall be provided
by the Township through scheduled appropriations as determined by
the Board of Trustees.
B.
The Township agrees to participate in the trust and may withdraw
for any reason and in accordance with the Restated Trust Agreement
provided that it has fulfilled all its financial obligations to the
trust upon withdrawal.
A.
The organizational structure of the trust shall consist of a Board
of Trustees. Under the Restated Trust Agreement, the Board of Trustees
is authorized to, among other things, enter into contracts with third
parties to perform various services necessary for the administration
of the trust. The trust is empowered to enter into contracts for policies
of group insurance and employee benefits, including Social Security,
for employees of the trust, if any.
B.
The Township delegates to the Board of Trustees the powers enumerated
in the Restated Trust Agreement.
The effective date of the Township's agreement to and joinder
in the Restated Trust Agreement and the participation of the Township
in the trust pursuant to the terms of the Restated Trust Agreement
will be February 5, 2015.
The Restated Trust Agreement may be subsequently modified or
amended in accordance with its terms, but in no event shall such modifications
or amendments divert any of the trust funds from the purposes of the
trust. The Township may withdraw from the trust in accordance with
the Restated Trust Agreement, including if the Board of Supervisors
determines the modifications or amendments are not in the best interests
of the Township. The Restated Trust Agreement shall be maintained
on file for inspection and review at the Township's offices.
The Board of Supervisors of the Township is hereby authorized
to take any and all such other actions as may be necessary or appropriate
to carry out the purposes of this article and comply with the requirements
of the attached Restated Trust Agreement and any duly adopted amendments
thereto.
The Chairman of the Board of Supervisors and Secretary of the
Township are hereby authorized to execute the Restated Trust Agreement
and any other agreements necessary for the Township's participation
in the trust. The Restated Trust Agreement shall be maintained on
file for inspection and review at the Township's offices. The
Secretary of the Township shall provide a certified copy of this article
upon its enactment to the Board of Trustees of the trust.
The duration of the term of the Township's participation
in the trust and obligations under the Restated Trust Agreement shall
continue until withdrawal from the trust by the Township in accordance
with the terms of the Restated Trust Agreement.
All ordinances, to the extent that the same are inconsistent
with the terms of this article, are repealed.
If any sentence, clause, section or part of this article is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this article. It is hereby declared as the intent of the
Township that this article would have been adopted had such unconstitutional,
illegal or invalid sentence, clause, section or part thereof not been
included herein.
