As used in this article, the following terms shall have the meanings indicated:
As of any given date, the benefit determined under § 62-18B, calculated on the basis of final monthly average salary as of the date of determination and multiplied by a fraction, the numerator of which shall be the participant's aggregate service determined as of such date and the denominator of which shall be the aggregate service which would be credited to the participant as of his/her normal retirement date if s/he were to continue to be employed as an employee until such date. In no event shall this fraction exceed 1.0.
The total amount contributed by any participant to this fund or its predecessor by way of payroll deduction, plus interest credited at 2% per annum. Such interest shall be credited annually in the form of a compound interest rate from the last day of the plan year in which the contribution is deposited up to the first day of the month in which the participant's employment is terminated.
The Municipal Pension Plan Funding Standard and Recovery Act, enacted as P.L. 1005 (Act 205 of 1984), as amended.[1]
For a participant who has not attained his/her normal retirement date, the date on which the participant has completed 20 years of service, regardless of age, pursuant to Act 24 of 1998,[2] as may be amended from time to time.
[Added 6-17-2002 by Ord. No. 2002-21; amended 11-12-2018 by Ord. No. 2018-12]
Two forms of payment of equal actuarial present value on a specified date based on mortality according to the UP-1984 Mortality Table and an interest rate of 7%.
The person, partnership, association or corporation which at any given time is serving as Actuary, provided that such Actuary must be an Approved Actuary as defined in the Act.
The total period or periods of the participant's employment as a sworn police officer with the employer, whether or not interrupted; provided, however, that for purposes only of qualifying for service increment benefits under § 62-18C of the Township Code, aggregate service shall be the total period or periods of the participant's employment as a sworn police officer plus as an employee as defined in § 62-1 of the Township Code. Notwithstanding the preceding sentence, should any such participant receive a distribution of his/her accumulated contributions with respect to a period of employment, such period of employment shall not be included in his/her aggregate service thereafter unless, at the commencement of his/her next period of employment, he repays to the fund the amount of such withdrawal with interest. For purposes of this definition, interest shall accrue as of the date the employee receives a refund of his/her accumulated contributions and shall be computed at an interest rate of 7% and in the same manner as described in the definition of "accumulated contributions."
[Amended 3-8-2004 by Ord. No. 2004-4]
The total compensation of the employee, whether salary or hourly wages, including overtime pay, holiday pay, longevity pay and any other form of compensation paid by the employer for police services rendered, but shall exclude extra duty pay and uniform allowances. Basic monthly earnings shall also include fixed, periodic amounts paid for periods during which the participant is not actively employed as a member of the employer's regular full-time police force, which amounts are paid directly by the employer or through a program to which the employer has made contributions on behalf of the employee, other than under this plan (including, without limitation, workers' compensation and payments made under or pursuant to the Pennsylvania Heart and Lung Act, the Family and Medical Leave Act of 1993 and other applicable laws). The compensation used in determining an employee's basic monthly earnings shall be limited on an annual basis to the amount specified for government plans pursuant to Code Section 401(a)(17), as adjusted under Code Section 415(d).
[Amended 3-8-2004 by Ord. No. 2004-4]
The person or entity designated by the participant to receive a refund of the participant's accumulated contributions should the participant die prior to becoming entitled to a retirement benefit. In the event that a participant does not designate a beneficiary or his/her beneficiary does not survive him, his/her beneficiary shall be his/her surviving spouse; or if there is no surviving spouse, his/her issue, per stirpes; or if there is no surviving spouse or surviving issue, his/her parents, if then surviving, or if there is no surviving spouse, issue or parents, his/her brothers and sisters, if then surviving, or if there is no surviving spouse, issue, parents or brothers or sisters, his/her estate; but if no personal representative has been appointed, to those persons who would be entitled to his/her estate under the intestacy laws of the Commonwealth of Pennsylvania if s/he had died intestate and a resident of Pennsylvania.
The Board of Commissioners of the Township of Radnor.
The Township Manager (Manager) appointed by the Board.
The Internal Revenue Code of 1986, as amended.
The date on which a participant is determined by the Plan Administrator to be incapacitated due to total and permanent disability or, if later, the date on which the participant's employment terminates because of such total and permanent disability.
Any individual employed by the employer on a regular, full-time, nonseasonal basis as a sworn officer of the employer's police force. For purposes of this definition, "employed on a full-time basis" means that the individual is regularly scheduled to work a minimum of 40 hours per week.
Radnor Township, a home rule municipality located in Delaware County, Pennsylvania.
For purposes of determining aggregate service, shall mean:
[Amended 6-17-2012 by Ord. No. 2002-21; 11-12-2018 by Ord. No. 2018-12]
The period of time for which an employee is directly or indirectly compensated or entitled to compensation by the employer for the performance of duties as a police officer;
Any period of time for which an employee is paid a fixed, periodic amount in the nature of salary continuation payments for reasons other than the performance of duties (such as vacation, holidays, sickness, entitlement to benefits under workers' compensation and the Heart and Lung Act, the Family and Medical Leave Act of 1993 or other laws), either directly by the employer or through a program to which the employer has made contributions on behalf of the employee, excepting any time during which the employee is entitled to benefits under this plan; and
Any period of voluntary or involuntary military service with the armed forces of the United States of America, provided that:
The participant had been employed as a regular, full-time member of the employer's police force for a period of at least six months immediately prior to the period of military service; and
The participant returns to employment within six months following his/her discharge from military service or within such longer period during which his/her employment rights are guaranteed by applicable law or under the terms of a collective bargaining agreement with the employer.
For plan years beginning January 1, 2001, 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 employee contributions that would otherwise have been paid to the plan during such period of qualified military service. The amount of employee 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 employee 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.
The average monthly salary as defined in this section earned by the participant and paid by the employer during the final 36 months immediately preceding retirement. Any single sum payments for accumulated but unused sick time or back pay awards shall not be included in the calculation of final monthly average salary.
Final monthly average salary shall be calculated by taking into account only those periods during which an employee receives salary, as that term is defined in this section. Therefore, for example, the final monthly average salary for a participant who is voluntarily or involuntarily serving in the United States Armed Forces during the final 36 months of his/her aggregate service shall be based on the thirty-six-month period during which the employee last received salary (as defined in the preceding subsection) from the employer.
A legal reserve life insurance company that may issue a policy under this plan.
[Amended 3-8-2004 by Ord. No. 2004-4; 11-12-2018 by Ord. No. 2018-12]
An employee who has met the participation requirements of the plan as provided in § 62-16A and who has not for any reason ceased to be a participant hereunder.
The fund or funds administered under the terms of this plan, which shall include all money, property, investments, policies and contracts standing in the name of the plan.
The plan set forth herein, as amended from time to time, and designated as the "Radnor Township Police Pension Plan."
The Police Pension Board appointed by the Board of Commissioners to administer the provisions of the plan pursuant to § 62-15B. In the event that no appointment of such Pension Board is made, the Plan Administrator shall consist of the Township Manager, the Finance Director and the Assistant Finance Director or another management official selected by the Manager.
The twelve-month period beginning on January 1 and ending on December 31 of each year.
A retirement annuity or retirement income endowment policy (or a combination of both) or any other form of insurance contract or policy which shall be deemed appropriate in accordance with the provisions of the Act.
January 1, 1998, the date upon which this amendment and restatement of the plan becomes effective.
The employee's regular base salary or hourly wages and the following additional forms of compensation: fixed amounts that are paid at periodic intervals such as longevity pay, holiday pay, and night differential pay and any irregular or extra forms of compensation, such as overtime or court pay. Salary, as used herein, shall not include extra duty pay and uniform allowances. Salary used to calculate benefits hereunder shall be limited on an annual basis to the amount specified for government plans pursuant to Code Section 401(a)(17), as adjusted under Code Section 415(d).
[Amended 3-8-2004 by Ord. No. 2004-4]
Whether a service-connected disability or non-service-connected disability (pursuant to § 62-19A), a condition of physical or mental impairment due to which a participant is permanently unable to perform the usual and customary duties of his/her employment as a uniformed police officer with the employer, as approved by the Plan Administrator in consultation with one or more qualified health care providers.