As used in this article, the following terms
shall have the meanings indicated:
ACCRUED BENEFIT
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.
ACCUMULATED CONTRIBUTIONS
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.
ACT
The Municipal Pension Plan Funding Standard and Recovery
Act, enacted as P.L. 1005 (Act 205 of 1984), as amended.
ACT 24 RETIREMENT DATE
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, 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]
ACTUARIAL EQUIVALENT
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%.
ACTUARY
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.
AGGREGATE SERVICE
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]
BASIC MONTHLY EARNINGS
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]
BENEFICIARY
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.
BOARD
The Board of Commissioners of the Township of Radnor.
CODE
The Internal Revenue Code of 1986, as amended.
DISABILITY DATE
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.
EMPLOYEE
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.
EMPLOYER
Radnor Township, a home rule municipality located in Delaware
County, Pennsylvania.
EMPLOYMENT
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]
A.
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;
B.
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
C.
Any period of voluntary or involuntary military service with
the armed forces of the United States of America, provided that:
(1)
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
(2)
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.
D.
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.
FINAL MONTHLY AVERAGE SALARY
A.
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.
B.
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.
NORMAL RETIREMENT DATE
[Amended 3-8-2004 by Ord.
No. 2004-4; 11-12-2018 by Ord. No. 2018-12]
A.
For participants who began employment prior to January 1, 2007,
the earlier of the:
(1)
Date on which the participant has both completed 25 years of
aggregate service with the employer and has attained age 50 while
an employee; or
(2)
Date on which the participant has both completed 20 years of
aggregate service with the employer and has attained age 60 while
an employee.
B.
For participants who began employment on or after January 1,
2007, the date on which the participant has both completed 25 years
of aggregate service with the employer and has attained age 50 while
an employee.
PARTICIPANT
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.
PENSION FUND or FUND
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.
PLAN
The plan set forth herein, as amended from time to time,
and designated as the "Radnor Township Police Pension Plan."
PLAN ADMINISTRATOR
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.
PLAN YEAR
The twelve-month period beginning on January 1 and ending
on December 31 of each year.
POLICY or CONTRACT
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.
RESTATEMENT DATE
January 1, 1998, the date upon which this amendment and restatement
of the plan becomes effective.
SALARY
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]
TOTAL AND PERMANENT DISABILITY
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.
Such actuarial reports shall be prepared and
filed under the supervision of the Chief Administrative Officer ("CAO").
The CAO shall determine the financial requirements of the plan on
the basis of the most recent actuarial report and shall determine
the minimum obligation of the employer with respect to funding the
plan for any given plan year. The CAO shall submit the financial requirements
of the plan and the minimum obligation of the employer to the Board
annually and shall certify the accuracy of such calculations in conformance
with the Act.
Prior to the adoption of any benefit plan modification
by the employer, the CAO shall provide to the Board a cost estimate
of the proposed benefit plan modification. Such estimate shall be
prepared by an approved actuary and shall disclose to the Board the
impact of the proposed benefit plan modification on the future financial
requirements of the plan and the future minimum obligation of the
employer with respect to the plan.