[Amended 12-7-1971 by Ord. No. 189; 12-5-1972 by Ord. No. 202; 5-10-1983 by Ord. No. 83-6; 10-13-1987 by Ord. No. 87-13; 2-19-1991 by Ord. No. 91-2; 6-19-1995 by Ord. No. 95-2; 10-21-1997 by Ord. No. 97-5; 12-15-1998 by Ord. No. 98-11]
The following terms shall have the meanings indicated, unless otherwise specifically stated:
The average monthly pay which the member received during the three consecutive calendar years (36 months) which occurred during the ten-year period immediately preceding the member’s retirement and during which (three-year period or 36 months) the employee received the highest average monthly pay.
[Amended 12-16-2008 by Ord. No. 2008-5[1]]
The Borough of Malvern.
That option to be elected by an eligible employee prior to retiring, which provides for a reduced pension to the retired employee and, in event of his death, provides an income for his spouse during the spouse's lifetime.
The years (and completed twelfths thereof) of employment as a member (as that term is defined herein) with the Borough, beginning (as to employees hired after July 1, 1969) after the completion of one hour of service with the Borough and ending with the date of retirement, death or other termination of employment, whichever shall first occur. Temporary absence, not to exceed one year, authorized by the Borough, such as for sickness or leave of absence, shall not be considered an interruption of continuous service. Any member who shall enter upon active duty in the Armed Forces of the United States (whether or not such entry is voluntary or involuntary) in response to an order or call to such active duty shall be credited to his or her employment record, for pension or retirement benefits, all of the time so spent in such military service, provided that such member shall have received an official certificate or other document establishing satisfactory completion of such military service; and provided further that such member shall have made application for reemployment within 90 days from his or her discharge or release from such active duty; and provided further that such continuous service credit in such instance shall not exceed four years; and provided further that nothing herein shall be construed to limit or interrupt continuous service where such individual shall be a member of the active reserve of any branch of the armed forces, as long as such participation does not require duty days exceeding 90 in number during any calendar year.
That date beyond normal retirement date when an employee shall actually retire. Deferred retirement beyond the employee's 70th birthday shall be solely at the Borough's option.
The date which is the first day before the member's normal retirement date when the member may elect to retire with benefits as provided in § 32-3D hereof.
July 1, 1969.
A regular, full-time employee of the Borough of Malvern, other than policemen, elected officials and employees hired by the Borough after their 60th birthday. (Exceptions: Anyone hired after September 1, 1976, and before January 1, 1983, is eligible if hired before his 62nd birthday.) An employee hired after July 1, 1969, will be required to complete one hour of service with the Borough to be eligible to participate in the plan.
In the case of each member, 2% of his or her monthly pay.
For purposes of computing member contributions and average monthly pay rate, the member's salary or wage which shall include the following: base pay, overtime pay and longevity pay, if any; any salary or wage paid after the member's normal retirement date shall be included in the calculation; any salary or wage paid into a Section 457 Plan for the member shall be included in the calculation. The following forms of compensation shall be excluded from the definition of “monthly pay”: bonuses, educational allowances, reimbursed expenses or payments in lieu of expenses, lump sum severance payments and fringe benefits such as unused holiday pay, unused sick pay and unused vacation pay. Any other form of compensation which is not paid in set, regular predetermined monthly or annual payments shall be excluded.
For each member the last day of the month in which his 65th birthday occurs, but not earlier than July 1, 1970.
The pension plan set forth herein, as amended from time to time, which shall be known as the "Malvern Borough Employees' Pension Plan."
The twelve-month period beginning January 1 and ending December 31, commencing January 1, 1984. Prior to January 1, 1984, the plan year began on July 1 and ended on June 30, except that the plan year starting July 1, 1983, will end on December 31, 1983.
That financial institution designated by resolution by the majority of Malvern Borough Council.
That provision whereby an eligible employee who is terminated prior to retirement has a nonforfeitable right to all of his or her pension accrued to the date of termination which has been provided by contributions other than his or her own. A member becomes 100% vested after he or she completes five years of service or after he or she attains his or her 65th birthday, whichever occurs first.
That option which an eligible employee may elect before retiring to provide a reduced pension and provide for its continuation to his named beneficiary for the remainder of an elected certain period. If the retiree lives beyond the period selected, he will continue to receive payments until his death.
[1]
Editor's Note: This ordinance provided an effective date of 12-31-2008.