[HISTORY: Adopted by the Borough Council
of the Borough of Lake City as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-10-2004 by Ord. No. 359-04[1]]
[1]
Editor's Note: This ordinance also superseded
former Ch. 10, Police Pension Plan, adopted 1-20-1997 by Ord. No.
328-97, as amended 11-17-1997 by Ord. No. 331-97.
The Borough of Lake City shall and hereby does
adopt the within provisions as the Police Pension Plan of the Borough
of Lake City.
The care, distribution and disposal of the fund
shall be vested in the Pension Board and Lake City Borough Council.
The Pension Board shall be as follows: Council President will be President
of the Board, the Mayor shall act as Secretary of the Board, two police
officers and one additional Councilperson. An approved financial institution
will be the plan administrator and investment manager for the Lake
City Police Pension Plan. The Board shall meet as needed with its
members and an investment consultant and a report will be submitted
to Lake City Borough Council.
All full-time members, as of the date of the
adoption of this chapter, shall be eligible without any waiting period.
All full-time members, engaged after the adoption of this chapter,
shall only become eligible six months after the date of the employment
of such police officer. All eligible officers shall participate.
The plan shall be funded by the cash value of
the earnings of the funds. Liquid funds may be placed for management
or invested as the Borough Council, by the recommendation of the Police
Pension Board, may, from time to time, by resolution require.
A.
In order to adequately fund the pension plan, participating
members shall be required to contribute to the pension fund 5% of
their compensation as recommended by the actuary engaged by the Borough.
B.
The Lake City Borough Council may, on an annual basis,
by ordinance or resolution, reduce or eliminate payments into the
fund by members.
C.
Members who are ineligible to receive a pension benefit for any reason must have their total contributions, plus interest at 5% per annum compounded annually, refunded by the plan upon termination of employment. Each annual contribution is credited with interest from the mid-point of the year (or part of a year) when made through the date of termination. If the reason for payment is due to the death of the employee, then the refund is paid to the beneficiary. See § 10-11.
If the monies payable into the pension fund
from the State of Pennsylvania and the contributions by employees
are not sufficient to fund the plan in accordance with recommendation
of such actuary as may be engaged by the Borough, then the Borough
of Lake City will contribute the balance required to properly fund
the pension plan.
If a police officer terminates after completing
12 or more years of total vesting service, then he or she is eligible
to receive his or her accrued benefit payable at normal retirement
by filing written notice of his or her intention to vest with the
Borough of Lake City within 90 days of the date he or she ceases to
be a full-time police officer. The accrued benefit is equal to the
prospective normal retirement benefit times service to date, divided
by projected service to normal retirement.
The minimum period of service for retirement
shall be a total period of service in the aggregate of 25 years for
the Borough of Lake City, and the minimum age of the officer retiring
shall be age 50.
[Amended 11-10-2008 by Ord. No. 382-08]
After retirement of a member, he/she shall receive
a monthly retirement benefit in the amount of 50% of his/her average
monthly wage from the Borough of Lake City over the final 36 months
of his/her employment, including nonfixed components of pay such as
overtime. Social security offset is reduced to 0% of the primary insurance
amount based on earnings as a Lake City police officer and on the
FICA laws in effect at the time of his/her termination.
[Amended 11-10-2008 by Ord. No. 382-08; 11-22-2010 by Ord. No. 395-10]
Any member who qualifies for a retirement benefit
shall be entitled to a cost of living adjustments (COLAs) not beginning
until the calendar year after the member's 62nd birthday. A cost of
living adjustments shall be provided for all members retiring based
on the increase in the Consumer Price Index. The total increase in
the benefit shall not exceed 30% of the original benefit, nor shall
the total benefit exceed 75% of the member’s final average salary.
No COLA benefit shall be granted which would impair the actuarial
soundness of the fund.
[1]
Editor's Note: Former § 10-11, Killed in service,
was repealed 11-22-2010 by Ord. No. 395-10.
A.
The surviving spouse of a member of the police force
or a member who retires on pension who dies or if no spouse survives
or if he or she survives and subsequently dies, then the child or
children under the age of 18 years or, if attending college, under
or attaining the age of 23 years, will be entitled to receive a monthly
benefit calculated at 50% of the pension the member was receiving
or would have been entitled to receive had he or she been retired
at the time death.
B.
“Attending college" shall mean the eligible
child or children are registered at an accredited institution of higher
learning and are carrying a minimum course load of seven credit hours
per semester.
C.
A member of the police force who dies before his/her
pension has vested the surviving spouse, and if no spouse survives
or if he or she survives and subsequently dies, then the child or
children under the age of 18 years or, if attending college, under
or attaining the age of 23 years, of the member of the police force
shall be entitled to receive repayment of all money which the member
invested in the pension fund, plus interest at 5% per annum compounded
annually of the member's investment in the pension fund, unless the
member has designated another beneficiary for this purpose.
A.
Any member who, in the line of service, becomes totally
and permanently disabled, with such disability confirmed by a qualified
physician designated by the Pension Board, shall be eligible to receive
a disability benefit from the plan.
B.
The service-related disability benefit shall be equal
to 50% of the member's salary at the time the disability was incurred,
reduced by the amount of social security disability benefits received
for the same injury.
C.
Service-related disability benefits awarded because
of total and permanent disability shall be regulated by the law, legislation,
rulings and judgments in place at the time of the disability.
Any member of the police force employed by the
Borough of Lake City for at least six months and who enters into military
service of the United States of America shall have credited to his
employment record for pension or retirement benefits all of the time
spent in such military service if such member returns to his employment
within six months after his separation from military service.
All ordinances or parts of ordinances or resolutions
conflicting with the provisions of this chapter are hereby repealed
to the extent of such conflict.
This chapter shall become effective on May 10,
2004.
[Adopted 4-14-2008 by Ord. No. 379-08]
The Borough hereby adopts the following guidelines
that apply to arrests made without warrants:
A.
Each police officer employed by the Borough of Lake
City, when making an arrest without warrant upon probable cause for
certain summary offenses as authorized by Section 8902(a) of the Judicial
Code, 42 Pa.C.S.A. § 8902(a), shall follow the procedures
set forth in Rule 441 of the Pennsylvania Rules of Criminal Procedure
(relating to arrest without warrant in summary cases), and any Borough
of Lake City procedures, now or hereafter established, relating to
warrantless arrest upon probable cause for summary offense.
B.
The procedures provided in Subsection A hereof shall constitute the promulgated guidelines required by Section 8902(b) of the Judicial Code, 42 Pa.C.S.A. § 8902(6), to be followed by a police officer employed by the Borough of Lake City in making a warrantless arrest under Section 8902(a) of the Judicial Code, 42 Pa.C.S.A. § 8902(a).
