[HISTORY: Adopted by the Borough Council of the Borough of
West Conshohocken 2-10-2015 by Ord. No. 2015-04, approved 2-10-2015. Amendments
noted where applicable.]
A.
The following association is hereby recognized as actively engaged
in providing fire protection and/or emergency services in West Conshohocken
Borough: George Clay Steam Fire Engine and Hose Company Relief Association.
B.
The above-named association has been formed for the benefit of its
members and their families in case of death, sickness, temporary or
permanent disability or accident suffered in the line of duty.
C.
The above-named association of West Conshohocken Borough is designated
the proper association to receive such funds as are due and payable
to the Borough Treasurer by the Treasurer of the State of Pennsylvania
from the tax on premiums from foreign fire insurance companies.
The Borough Council shall annually certify to the Auditor General
of the Commonwealth the names(s) of the active associations and the
percentage of service they contribute to the protection of West Conshohocken
Borough. Such certification shall be on forms prescribed by the Auditor
General.
There is annually appropriated from the Borough Treasury all
such sums of money that may hereafter be paid to the Borough Treasury
by the Treasurer of the State of Pennsylvania on account of taxes
paid on premiums of foreign fire insurance companies in pursuance
of the Act of December 18, 1984, No. 205, § 701 et seq.,
as hereafter amended, supplemented, modified or reenacted by the General
Assembly of Pennsylvania. Such monies received by the Borough Treasurer
from the State Treasurer shall be distributed to the duly recognized
association(s) within 60 days of receipt. The funds shall be distributed
on the basis of the percentage of service established in the certification
to the Auditor General and with other provisions of the Act.
George Clay Steam Fire Engine and Hose Company Number One of
West Conshohocken, a not-for-profit corporation organized under the
laws of the Commonwealth of Pennsylvania, hereinafter in this chapter
referred to as "Fire Company," is hereby designated as the officially
recognized volunteer fire company to provide first due response for
West Conshohocken Borough, Montgomery County, Pennsylvania.
The authorized activities of the Fire Company are to:
A.
Provide such services as may be necessary for the protection of property
and persons situate therein, which include, by way of example and
not of limitation, the extinguishment and prevention of loss of life
and property from fire, automobile accidents, medical emergencies,
hazardous material incidents, and other dangerous situations.
B.
Provide nonemergency and public services such as, by way of example
and not of limitation, removing water from property after storms,
and assisting in the removal, abatement and prevention of damage or
injury to persons or property, whether through natural causes or man-made
situations.
C.
Conduct and participate in such training activities and drills, either
within or outside of the Borough, as may be deemed necessary by the
officers of the Fire Company to maintain proficiency in providing
services.
D.
Respond to calls and provide services to municipalities outside the
Borough when so requested by such municipality or another fire company
or when directed to so respond by Montgomery Countywide Communications.
The authorized activities of Fire Company members are to:
The purpose of this chapter is to recognize the Fire Company
as the official first due response fire company of the Borough and
to state additional authorized activities for members of the Fire
Company for workers' compensation and governmental immunity purposes.
[Added 10-13-2020 by Ord.
No. 2020-03, approved 10-13-2023]
A.
Establishment. Length of Service Awards Program (LOSAP) is herewith
established in accordance with provisions of the Borough Code, in
that it rewards members of the George Clay Steam Engine and Hose Company
of West Conshohocken for their loyal, diligent, and devoted volunteer
firefighting services to the residents of the Borough of West Conshohocken;
thus providing for the operation and maintenance of said Fire Company,
securing fire protection for the inhabitants of the Borough; and thus
ensuring that fire services are provided within the Borough by the
means and to the extent determined by the Borough, including the appropriate
financial and administrative assistance for these services, as per
consultations with the Borough's Fire Company.
B.
Defined contribution. The LOSAP shall provide for a defined contribution
to a deferred income account for each volunteer firefighter and/or
fire police officer who meets the criteria set forth herein; that
such benefit shall be provided in accordance with a plan that shall
be established by the Borough of West Conshohocken; and that such
plan shall be administered in accordance with the U.S. Internal Revenue
Code and this chapter.
C.
Calculation of years of service. All years of service referenced
herein shall be calculated on a calendar-year basis. To receive credit
for a year of service as a volunteer firefighter, the LOSAP plan shall
require that volunteers:
(1)
Be members in good standing with the George Clay Steam Engine and
Hose Company of West Conshohocken as of November 1, 2020, and shall
meet any additional requirements established by said Fire Company
for active membership as a firefighter including a "point system"
or other methods in accordance with a plan that shall be established
by the Borough of West Conshohocken.
(2)
Meet the requirements of Section 457(e)(11) of the Internal Revenue
Code of 1986, as amended (the "code"), including but not limited to
the qualifications of "bona fide volunteer" and "qualified services"
as those terms are defined in the code.
D.
Funding. The LOSAP shall be funded by contributions as determined between the Borough of West Conshohocken and the George Clay Stem Engine and Hose Company of West Conshohocken every year. All funds shall be deposited into the LOSAP fund pursuant to § 17-8L (LOSAP fund).
E.
Valuation. The Borough of West Conshohocken shall cause to be prepared
a valuation for the LOSAP on a basis determined solely by the Borough.
A valuation may also be prepared prior to any amendment of the LOSAP
to determine the effect of the proposed amendment on the financial
status and funding of the LOSAP. The cost of preparation of these
referenced valuations shall be paid by the Borough.
F.
Eligibility. The LOSAP shall provide that eligible volunteer firefighters
must be members of the George Clay Steam Engine and Hose Company of
West Conshohocken and be age 18 or older. Years of service as a volunteer
firefighter before age 18 or with a fire company or fire department
not located in Borough of West Conshohocken shall not be considered
as service time as an eligible volunteer firefighter for purposes
of this LOSAP.
G.
Benefits.
(1)
The LOSAP shall provide for an annual contribution in an amount determined
solely by the Borough for each year of service eligible volunteer
firefighters complete. Such contributions shall be accumulated in
the LOSAP fund and distributed to eligible volunteer firefighters
in accordance with the terms and conditions of the plan.
(2)
Notwithstanding any provision of this chapter to the contrary, no
benefit shall be paid at any time from any source other than the LOSAP
fund.
H.
Vesting. The LOSAP shall provide for 100% vesting of benefits after
completion of five years of service from the effective date of this
chapter. The LOSAP benefit is payable after a firefighter has attained
age 65 and has completed five years of service. If a firefighter dies
in the line of duty prior to vesting and prior to receiving their
LOSAP benefit, such benefit shall become immediately vested and be
paid in a lump sum to the named beneficiary of the deceased firefighter.
I.
Credit for prior service. Solely for purposes of § 17-8H, Vesting, the LOSAP shall provide credit for prior years of service as an eligible volunteer firefighter prior to the establishment of the LOSAP, with said date of establishment being November 1, 2020. For purposes of this § 17-8I, Credit for prior service, prior service shall be calculated in accordance with § 17-8C, Calculation of years of service.
J.
Annual certification list. In accordance with the chapter the Fire
Chief and President of the George Clay Steam Engine and Hose Company
of West Conshohocken shall furnish to the Borough, notarized under
oath, by no later than January 31 of the new year, an annual certification
list of all volunteer firefighters who have qualified for service
credit under the LOSAP for the prior year. In addition, all firefighters
certified as required herein by their Fire Chief and President shall
provide a statement indicating that they have fulfilled the annual
LOSAP criteria, as herein stated. The Borough shall review the annual
certification lists and individual firefighter member certifications,
furnished as required herein, and approve the final annual certifications
by no later than March 1 of the current year.
K.
Records. The George Clay Steam Engine and Hose Company of West Conshohocken
shall create and maintain sufficient records, suitable to the Borough
to provide for the maintenance of the LOSAP and to ensure accurate
and complete reporting of firefighter credit for years of volunteer
service.
L.
LOSAP fund.
(1)
The Borough shall cause to be created a LOSAP fund in which it will deposit its annual LOSAP contribution, as referenced in § 17-8D, Funding. Said LOSAP contribution shall be deposited on account by the Borough on or before June 30 of each year. LOSAP funds, once deposited in the LOSAP fund, shall be invested in accordance with the Pennsylvania Fiduciaries Act.
(2)
The Borough may, from time to time, make appropriations or contributions to the LOSAP fund from any legal source. However, the Borough shall under no circumstances be required to make any appropriations or contributions to the LOSAP fund at any time, even if the amount in the LOSAP fund shall be or become inadequate to pay the benefits specified in § 17-8G, Benefits.
M.
LOSAP Committee. A LOSAP Committee, consisting of five members, is
hereby established and shall be maintained to provide for the review
of the LOSAP Program and to provide advice on the investment of LOSAP
funds. Said Committee shall be composed of the Borough Manager, Borough
Council Public Safety Committee Chairperson, and Borough Council Finance
Committee Chairperson, and two representatives appointed by the George
Clay Steam Engine and Hose Company of West Conshohocken. The LOSAP
Committee shall serve in an advisory capacity to the LOSAP fund and
shall report directly to Borough Council. The LOSAP Committee shall
meet as needed, but no less frequently than on an annual basis. The
Borough Council's Finance Committee Chairperson shall serve as
the chairperson of the LOSAP Committee.
N.
Effective date. The effective date of this section shall be November
1, 2020.
