The following words and phrases as used in this
plan shall have the meaning set forth in this article, unless a different
meaning is otherwise clearly required by the context:
ACCOUNT OR ACCRUED BENEFIT
The fair market value of a participant's individual account as determined on each valuation date. Adjustments to the account which will be recognized for any purpose hereunder between each valuation date shall only include distributions from the account and employee contributions under §
60-78. All other adjustments shall only be recognized as of a valuation date.
ACT
The Municipal Pension Plan Funding Standard and Recovery
Act (enacted as Act 205 of 1984), as amended, 53 P.S. § 895.101
et seq.
AUTHORIZED LEAVE OF ABSENCE
Any leave of absence granted in writing by the employer for
reasons including, but not limited to, accident, sickness, pregnancy
or temporary disability, education, training, jury duty or such other
reasons as may necessitate authorized leave from active employment.
"Authorized leave of absence" shall include any period of absence
from employment for the purpose of serving in the Armed Forces of
the United States of America, provided the employee returns to employment
at the time and under the circumstances which provide reemployment
rights pursuant to federal or state law.
BENEFICIARY
The person or entity designated by the participant to receive
such benefits as may be due hereunder upon the death of the participant.
In the event that a participant does not designate a beneficiary or
the beneficiary does not survive the participant, the beneficiary
shall be the surviving spouse, or if there is no surviving spouse,
the issue, per stirpes, or if there is no surviving issue, the estate;
but if no personal representative has been appointed, to those persons
who would be entitled to the estate under the intestacy laws of the
commonwealth if the participant had died intestate and a resident
of the commonwealth.
BOARD
The Board of Commissioners for the Township of South Fayette.
CHIEF ADMINISTRATIVE OFFICER
The person designated by the employer who has the primary
responsibility for the execution of the administrative affairs for
the plan.
CODE
The Internal Revenue Code of 1986, as amended.
COMPENSATION
The base remuneration, whether salary or hourly wages, paid
to an employee by the employer for services rendered in employment.
Compensation shall exclude all extra or additional forms of remuneration,
including but not limited to bonuses, overtime pay, commissions, or
expense reimbursements. Compensation shall be limited on an annual
basis for purposes of this plan to the amount specified pursuant to
Code § 401(a)(17), as adjusted under Code § 415(d).
CONTINUOUS EMPLOYMENT
A.
An employee's period or periods of uninterrupted
employment with the employer. For purposes of this section, employment
shall not be deemed interrupted by any periods of authorized leave
of absence. In the event an employee does not return to employment
at the conclusion of an authorized leave of absence, the employee
shall be deemed to have terminated employment as of the last day on
which the employee rendered active service for the employer.
B.
Continuous employment shall also include 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 participant contributions that would otherwise have been paid to the plan during such period of qualified military service. The amount of participant 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 participant contributions so calculated must be paid into the plan before the end of the period that begins on the date of re-employment 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 re-employment.
CONTRACT OR POLICY
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.
EARLY RETIREMENT AGE
The later of the date that an employee attains age 60 or
completes 25 years of service.
EFFECTIVE DATE
The date upon which the provisions of this plan were first
effective, that is, June 3, 1970.
EMPLOYEE
Any person who is regularly employed as a full-time employee
by the employer other than police or members of a collective bargaining
unit whose retirement benefits are the subject of negotiation with
the employer unless a negotiated collective bargaining agreement provides
for coverage under this plan.
EMPLOYER
The Township of South Fayette, Allegheny County, Pennsylvania.
EMPLOYMENT
Any period of time during which an employee renders services
for the employer for which the employee is entitled to receive compensation.
Employment shall not include any period of time during which an individual
performs services as an independent contractor paid on a contractual
or fee basis.
ENTRY DATE
An employee’s first scheduled workday immediately following the employee’s completion of the eligibility requirements in Article
XIV.
[Amended 1-13-2016 by Ord. No. 1-2016]
HOUR OF SERVICE
Each hour for which an employee is entitled to compensation
for employment. Hours of service may be imputed and calculated in
a manner consistent with the requirements of Department of Labor regulations
found at § 2530.200(b).
PARTICIPANT
Any employee who has commenced participation in this plan in accordance with Article
XIV, and has not for any reason ceased to participate hereunder.
PENSION FUND
The fund administered under the terms of this plan, which
shall include all assets, including but not necessarily limited to
money, property, investments, policies and contracts standing in the
name of the plan.
PLAN
The Township of South Fayette Non-Union Employees' Pension
Plan set forth herein.
PLAN YEAR
The twelve-month period beginning on January 1 and ending
on December 31.
RESTATEMENT DATE
January 1, 2001, the date on which the provisions of this
restated plan are effective.
RETIREMENT DATE
The first day of the month coincident with or next following the date when an employee terminates employment and is eligible for payment of a benefit hereunder pursuant to Article
XIX.
TOTAL AND PERMANENT DISABILITY
A.
A condition of physical or mental impairment
due to which a participant is unable to perform any customary duties
of employment, which continues for a period of at least six months,
which shall be expected to be permanent and continuous for the remainder
of the life of the participant, and due to which the participant shall
be eligible to receive Social Security disability benefits.
B.
Notwithstanding any other provisions of the
plan to the contrary, a participant shall not be deemed to incur a
total and permanent disability under the plan if the condition of
physical or mental impairment results from alcoholism or addiction
to narcotics, participation in a felonious criminal enterprise, an
intentionally self-inflicted injury, or service as a member of the
armed services of any country. The Plan Administrator shall make all
relevant determinations under this paragraph based upon the facts
and circumstances relevant to each such determination.
YEAR OF SERVICE
Each completed twelve-month period of continuous employment
with the employer. Each period of continuous employment shall be aggregated
with all other periods of continuous employment and calculated as
whole years and fractions thereof rounded to the nearest completed
month.