[Ord. 92-1968, 1/22/1968, § 1]
There is hereby established for the Township of Spring a Police
Department to exercise all of the rights, duties and privileges and
powers as set forth in the Second Class Township Code.
[Ord. 92-1968, 1/22/1968, § 2; as amended by Ord.
103-1968, 5/6/1968, §§ 1, 2; and by Ord. 09-00, 10/2/2000]
The Chief of Police of the Police Department of Spring Township
shall be the person who from time to time is designated as such by
the Board of Supervisors.
[Ord. 92-1968, 1/22/1968, § 3]
There is hereby established a Township Employees Service Committee,
which shall consist of not less than three nor more than five residents
and electors of the Township of Spring, which committee shall be charged
with the administration and control of the Police Department and all
personnel thereunder, shall prescribe the duties, shall fix the salary
for the policemen in conjunction with the specific authority and authorization
of the Township Supervisors and shall exercise all the necessary powers
over the police force and the policemen. The Township Employees'
Service Committee shall also exercise the power and administration
over all Township employees and shall be charged by the Supervisors
with the responsibility of making investigations and conducting hearings
in the event of the proposed dismissal of any of the police officers
and employees of the Township. Appointments to said committee shall
be made for one-year terms by the Township Supervisors.
[Ord. 92-1968, 1/22/1968, § 4]
The Chief of Police is authorized to employ not more than three
auxiliary police to assist in carrying out the police functions of
the Department for the Township in accordance with the Act of Assembly
of the Commonwealth of Pennsylvania, which auxiliary police shall
serve at the discretion of the Chief of Police and shall exercise
all of the powers and duties as set forth in the Act of Assembly.
[Ord. 92-1968, 1/22/1968, § 5]
There is hereby appropriated from the general funds of the Township
to the specific purpose of providing police duty, such amount as may
be necessary to defray the expenses of the police in accordance with
the terms of the agreement between the Township and the Chief of Police.
[Ord. 02-01, 3/4/2002; as amended by Ord. 03-04, 10/6/2003;
by Ord. 2005-01, 3/7/2005; by Ord. 2007-01, 1/2/2007; and by Ord.
2009-01, 1/5/2009]
All previous ordinances or resolutions relating to the Spring
Township Police Pension Plan with an effective date prior to the adoption
date of the amendment and restatement of the plan are hereby repealed
with respect to the benefits accruing on or after the amendment and
restatement effective date and the attached amendment and restatement
of the plan[1] is reenacted.
[1]
Editor's Note: The amendment and restatement of the police
pension plan and plan's trust fund are on file at the Township
offices.
[Ord. 02-01, 3/4/2002]
Be it further ordained and enacted by Spring Township that the
previous ordinances and resolutions relating to the plan's trust
fund with an effective date prior to the adoption of plan of the amendment
and restatement of the trust are hereby repealed and the amendment
and restatement of the trust[1] as presented is enacted.
[1]
Editor's Note: The amendment and restatement of the police
pension plan and plan's trust fund are on file at the Township
offices.
[Ord. 02-01, 3/4/2002; as amended by Ord. 02-04, 4/1/2002;
and by Ord. 03-04, 10/6/2003]
Terry M. Perryman is hereby appointed the Chief Administrative
Officer of the plan and as agent of the employer is authorized and
directed to execute the amendment and restatement of the plan as submitted.
Weinken and Associates is hereby confirmed as the trustee of the trust.
[Ord. 02-04, 4/1/2002]
Weinken and Associates is appointed Investment Manager and the
Township of Spring, acting through the Board of Supervisors, is appointed
trustee of the pension plan.
[Ord. 2011-02, 1/3/2011; as amended by Ord. 2011-05, 11/7/2011;
and by Ord. 2014-02, 11/3/2014]
1.
2009 Compliance Amendment to the Spring Township Police Pension Plan.
As authorized by Section 9.2 of the Spring Township Police Pension
Plan ("Plan") as amended and restated effective January 1, 2008, the
employer, Spring Township, hereby amends the Plan to comply with Act
600 of 1956, as amended by Act 51 of 2009, the Emergency and Law Enforcement
Personnel Death Benefits Act. This amendment shall be effective as
provided herein. This amendment shall supersede the provisions of
the Plan to the extent those provisions are inconsistent with the
provisions of this amendment. The employer hereby amends the Plan
in the following manner:
|
FIRST:
|
Repeal of Killed-in-Service Benefit. Section 4.2(a) and (b)
are amended to remove the killed-in-service benefit. As amended, Section
4.2(a) and (b) shall read as follows:
| ||
|
(a)
|
Killed-in-Service Benefit. Effective with respect to deaths
occurring on or after October 9, 2009, the killed-in-service death
benefit shall no longer be payable under this plan or by the employer.
A deceased participant's surviving spouse or eligible child who
is eligible to receive such benefit due to the qualifying death of
the participant on or after April 17, 2002, and prior to October 9,
2009, shall continue to receive the benefit as formerly awarded.
| ||
|
(b)
|
Survivor Benefit. If a retired or disabled participant who is
receiving a pension benefit dies or if a participant dies after satisfying
the requirements for retirement whether or not he had previously terminated
employment, the participant's surviving spouse or eligible child
(if any and as further described in Section 4.1(c)) shall receive
a benefit equal to 50% of the retirement benefit that the participant
was receiving or would have been receiving if the participant had
been retired on the date of death.
| ||
|
SECOND:
|
Effective Date. This amendment is made effective as of October
9, 2009.
| ||
|
THIRD:
|
Remaining Plan Provisions. All other provisions of the Plan
remain in full force and effect.
| ||
2.
2011 Heart Compliance Amendment to the Spring Township Police Pension
Plan. As authorized by Section 9.2 of the Spring Township Police Pension
Plan ("Plan") as amended and restated effective January 1, 2008, the
employer, Spring Township, hereby amends the Plan to comply with the
law and regulatory changes effective as of or prior to the 2011 plan
year and now required to be incorporated into the Plan. This amendment
shall supersede the provisions of the Plan to the extent those provisions
are inconsistent with the provisions of this amendment. The employer
hereby amends the Plan in the following manner:
|
FIRST:
|
USERRA Break in Service. Section 1.10 is amended to comply with
the Heroes Earning Assistance and Relief Tax Act of 2008 (HEART) with
respect to deaths occurring on or after January 1, 2007. As amended,
Section 1.10(e) shall contain a final paragraph that shall read as
follows:
| |||
|
Effective with respect to deaths occurring on or after January
1, 2007, in the case of a participant who dies while performing qualified
military service, the beneficiary(ies) of the participant shall be
entitled to any benefits payable under Sections 4.1 and 4.2(b) and
(c) that would have been payable had the participant resumed and then
terminated employment on account of death. Years of vesting service
shall be credited under this provision for purposes of determining
the amount of any death benefit payable.
| ||||
|
SECOND:
|
IRC Section 402(f) Notice Period. Effective for notices issued
on or after January 1, 2007, Section 6.2(d)(2) is amended to comply
with the Pension Protection Act of 2006 by reflecting that a participant's
written notice of his eligible rollover distribution rights as required
under IRC Section 402(f) may be given as much as 180 days before the
annuity starting date. As amended, the first paragraph of Section
6.2(d)(2) shall read as follows:
| |||
|
Effective for distributions made on or after January 1, 1993,
for any distribution in excess of $200 that may be paid in the form
of a lump sum, the plan administrator shall give the participant written
notice of his eligible rollover distribution rights as required under
IRC Section 402(f) no less than 30 days and no more than 180 days
(90 days for notices issued before January 1, 2007) before the annuity
starting date with respect to the distribution. Effective for distributions
made on or after January 1, 1994, such distribution may commence less
than 30 days after the notice is given, provided that:
| ||||
|
* * *
| ||||
|
THIRD:
|
Definitions (IRC Section 415 Limitations) — Compensation.
Effective for limitation years beginning on or after July 1, 2007,
Section 7.1(e)(3) is amended to comply with the final regulations
issued under IRC Section 415 with respect to the treatment of severance
compensation following a termination of employment. Effective for
limitation years beginning on or after January 1, 2009, Section 7.1(e)(3)
is amended to comply with IRC Section 414(u)(12) as added by the Heroes
Earnings Assistance and Relief Tax Act of 2008 (HEART) regarding differential
wage payments. As amended, Section 7.1(e)(3) shall contain the following
additional paragraphs that shall read as follows:
| |||
|
In order to be taken into account for a limitation year, compensation
must be paid or treated as paid prior to severance from employment
with the employer. Effective for limitation years beginning on or
after July 1, 2007, an includable payment shall be treated as paid
prior to severance from employment if it is paid by the later of 2 1/2
months after severance or the last day of the calendar year that includes
the severance date. For this purpose, includable payments are those
that absent the severance would have been paid and are regular compensation
for services during regular working hours or outside working hours
(such as overtime or shift differentials), commissions, bonuses, or
other similar compensation. Includable payments shall also include
accrued sick, vacation, or other leave if such payments would have
been included in compensation as defined in Section 1.3 if they were
paid prior to the employee's severance from employment.
| ||||
|
For limitation years beginning after December 31, 2008, compensation
for a limitation year shall include amounts paid as differential wages
to a participant on qualified military service leave of more than
30 days and otherwise meeting the requirements of IRC Section 3401(h)(2).
| ||||
|
FOURTH:
|
Effective Date of Amendment. These amendments are effective
as provided herein.
| |||
|
FIFTH:
|
All other provisions of the Plan remain in full force and effect.
| |||
3.
2014 Compliance Amendment to Spring Township Police Pension Plan.
As authorized by Section 9.2 of the Spring Township Police Pension
Plan ("Plan") as amended and restated effective January 1, 2008, the
employer, Spring Township, hereby amends the Plan to comply with certain
law and regulatory changes effective as of the 2013 and 2014 plan
years not otherwise incorporated into the Plan. This amendment shall
supersede the provisions of the Plan to the extent those provisions
are inconsistent with the provisions of this amendment. The employer
hereby amends the Plan in the following manner:
|
FIRST:
|
Spouse. In response to the overturning of the Defense of Marriage
Act, 110 Stat. 2419, section 3 by the Supreme Court in United States
v. Windsor and in response to the subsequent ruling in Deb Whitewood,
et al v, Michael Wolf that 23 Pa.C.S. sections 1102 and 1704 are unconstitutional,
Section 1.8(c) is amended to redefine the definition of "spouse" for
purposes of the Plan. As amended, Section 1.8(c) shall read as follows:
| ||
|
(c)
|
Spouse means the person married to the participant at the time
of the determination as evidenced by a marriage license valid under
the laws of the place of issuance.
| ||
|
SECOND:
|
Effective Date. This amendment is effective as of May 20, 2014.
| ||
|
THIRD:
|
Remaining Plan Provisions. All other provisions of the Plan
remain in full force and effect.
| ||
