[HISTORY: Adopted by the Borough Council of the Borough of Littlestown as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-22-2004 by Ord. No. 580 (Ch. 37 of the 1994 Code)]
Pursuant to and in accordance with the Act of February 1, 1966, P.L. (1965), No. 581, as amended (see now 8 Pa.C.S.A. § 1202), as well as any other statutes now or hereafter pertaining to or applicable to Borough nonuniformed employees' pension or retirement plans, the Borough of Littlestown Nonuniformed Employees' Pension Plan (the "Plan") is hereby established and restated as of June 30, 2004.
A. 
The Borough's execution of that certain Pennsylvania State Association of Boroughs Master Plan and Retirement Trust, is hereby ratified on behalf of the Borough of Littlestown by the Littlestown Borough Council. Said contract and the "Borough of Littlestown Nonuniformed Employees' Retirement Plan" attached thereto are hereby incorporated into and made parts of this article, including any and all present and future attachments and amendments to said contract and plan. Unless otherwise prohibited by or in conflict with law, the terms and conditions of said contract and plan shall prevail in the event of conflict or inconsistency with this article; provided, however, that in the event the terms or conditions of said contract, plan or this article conflict or are inconsistent with applicable present or future law, the provisions of such applicable law(s), whenever and wherever pertinent, shall be deemed to have been included in said contract and plan and the present article in lieu of the provision(s) in conflict or inconsistent with such law(s); provided, further, that the provisions of any and all laws pertaining to said contract and plan, the subject matter of which is/are not otherwise dealt with herein, are likewise incorporated herein by reference and made a part of this article.
B. 
The Borough of Littlestown, by the Littlestown Borough Council, shall perform all of the duties and responsibilities assigned to it and may, at the discretion of the Borough Council, exercise all powers vested in it, by said contract and plan.
C. 
Participants in the plan shall have all of the rights and duties and may exercise any options granted unto them by the terms of the said contract and plan.
The Borough of Littlestown Nonuniformed Employees' Retirement Plan shall be managed and administered by the Littlestown Borough Council, or its designee, the Pennsylvania State Association of Boroughs Master Plan and Retirement Trust.
A. 
The Borough Treasurer shall forthwith remit to the Plan Administrator all funds received by him/her for the purposes of the plan or appropriated thereto by the Borough, with memorandum as to the source thereof, and shall secure its receipt therefor.
B. 
The Plan Administrator shall pay benefits out of the plan only at such times, to such persons and in such amounts as shall be in accordance with the terms, conditions and provisions of applicable law, the contract and the plan, all as from time to time amended, the contents of all of which are hereby incorporated herein by reference and made parts hereof.
C. 
The plan is hereby authorized to receive by gift, grant, devise or bequest any money or other property, real, personal or mixed, in trust for the benefit of the plan, and the care, management, investment and disposition of such trust funds or property shall be vested in the Plan Administrator, and said trust funds or property shall be administered in accordance with the provisions of the plan, subject to such directions not inconsistent therewith as the donor(s) of such funds or property may prescribe.
The establishment of the plan shall not be construed as conferring any legal rights upon any nonuniformed employee or other persons to a continuation of employment, nor shall it interfere with the rights of the Borough to discharge any nonuniformed employee or to treat him/her without regard to the effect which such treatment might have upon him/her as a participant in the plan.
Except insofar as may otherwise be required by law, no benefit under the plan shall be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance or charge, and any attempt to do so shall be void, except as specifically provided for in the plan, nor shall any such benefit be in any manner liable for or subject to garnishment, attachment, execution, levy or other legal process for the collection of debts, or liable for or subject to the debts, contracts, liabilities, engagements or torts of the person entitled to such benefit.
A. 
The Borough of Littlestown desires and intends to continue the plan permanently, but must necessarily, and does hereby reserve the right to change, modify or discontinue the same. Any change in the plan, however, shall not affect the values that have been accumulated for each participant prior to the date of any change. If the plan is ever terminated, the disposition of the plan assets shall be governed by applicable law, the contract and the plan.
B. 
No plan participant who becomes entitled to receive a benefit from the plan shall be deprived of his/her right to a proper share therein on the basis upon which he/she first became entitled thereto.
The plan and the contract shall be available for inspection by any plan participant at the Littlestown Borough Office during regular business hours.
The expenses of administration of the plan, including the compensation of the Administrator, the actuary and the bond for the Administrator/Trustee, exclusive of the payment of retirement or disability benefits, shall be paid by the Borough by appropriations made by Borough Council.
Insofar as the provisions of this article are the same as, consonant with or subject to statutory provisions, they shall be subject to change or repeal to comply with any future statutory provisions, and shall, in fact and as a matter of law, be deemed to be automatically changed or repealed in order to remain in compliance with future statutory provisions, and the provisions of this article may be amended or repealed if statutory authority is granted therefor, or if statutory restrictions or mandates or eliminated and discretion relative thereto is vested in the Borough.
The enactment of this article and the repeal by it of any prior enabling ordinance(s), or portions thereof, relating to the establishment, regulation or administration of the Borough of Littlestown Nonuniformed Employees' Retirement/Pension Plan or Fund, shall not adversely affect the interests of any plan participant. This article, in such respect, shall be deemed to be a continuation and codification of such prior enabling ordinance(s).
The effective date of this article shall coincide with the effective date of the contract and the plan.
[Adopted 1-14-2014 by Ord. No. 666]
Due to changes in federal guidelines, the Borough of Littlestown has to restate their police pension plan. This article specifically replaces all other ordinances or parts of ordinances establishing provisions for the police pension plan. This article replaces and restates the retirement plan for the police employees of the Littlestown Borough through the adoption of the Littlestown Borough Police Pension Plan Document.
This article establishes a retirement plan for the Police employees of the Littlestown Borough through the adoption of the Police Pension Plan Document, attached hereto as Exhibit "A."[1] Based on the changes necessitated by the federal guidelines, the plan is going effective retroactive to January 1, 2013, despite its adoption date.
[1]
Editor's Note: The Exhibit A is on file in the Borough offices.
In the event that any provision, section, sentence, clause, or part of this retirement plan shall be held to be invalid, such invalidity shall not affect or impair any remaining provision section, sentence, clause, or part of the retirement plan, it being the intent of the Borough that such remainder shall remain in full force and effect.