[HISTORY: Adopted by the Board of Commissioners of York County 12-21-1959. Amendments
of the Board of Commissioners and/or the York County Retirement Board
noted where applicable.]
GENERAL REFERENCES
Personnel policies — See Ch. 263.
A.
Whereas the Commissioners of the County of York have given very careful
study to the establishment of a county employees retirement system
for employees of the County of York; and
The Commissioners of the County of York do hereby establish
a County Employees Retirement System for the employees of the County
of York on the first Monday of January 1960 on the one-one-hundred-twentieth
basis or class by virtue of and pursuant to the terms of said Act
of July 8, 1941, Act 136, and the various amendments and supplements
thereto.[1]
[1]
Editor's Note: See now 16 P.S. § 11651 et seq.
[Added 8-4-1960]
An employee, upon reaching the age of 72, shall be permitted
to continue employment until the end of such month in which he reaches
the age of seventy-two (72.)
[Added 4-19-1965]
The County Employees Retirement System provides substantial
benefits upon retirement because of age, disability or service. Members
can also provide for benefits to a beneficiary. The system began January
4, 1960.
A.
Administration. The retirement system is administered by a Board
consisting of five members, including the three County Commissioners,
the County Controller and the County Treasurer. The Chairman of the
Board of County Commissioners is the Chairman of the Retirement Board;
the County Controller is the Secretary; and the Treasurer is the County
Treasurer. Three members of the Board constitute a quorum.
B.
Eligibility. The elected officials may elect to become members, but
all appointed county employees who are not on a per-diem basis and
whose salary or compensation is paid in regular periodical installments
must be members of the retirement system if the money used to pay
their salaries is county money.
C.
Original and new members. Employees of the county in service at the
time the retirement system was established are classed as original
members and receive credit for the years of service to the county
prior to the effective date (January 4, 1960) as well as during membership
thereafter, while those entering the service of the county after the
date of the retirement system are classed as new members and receive
credit for service during membership.
D.
Employees' contribution rates. Contributions of the employees
are percentages of their salary determined according to the age at
the nearest birthday at the date of membership in the retirement system.
The rates for the female lives are slightly higher than those for
the male lives because of their greater longevity. The Secretary of
the retirement system has these rates in his file.
E.
Source of moneys. Employee contributions plus moneys contributed
by the county and interest on investments provide a retirement reserve
for the payment of annuities.
F.
Benefits under County Employees Retirement System.
(2)
The retirement allowance is based upon age at retirement, length
of service and salary. It is payable for life. Options are available
with a reduction in the pension. Option 1 provides the payment to
the beneficiary of the balance of the reserve value at time of retirement
if the annuitant dies before he has received that much. Option 2 provides
for continuation of the annuity to the beneficiary. Option 3 provides
for the continuation of one-half (1/2) of the annuity to the beneficiary.
(3)
Contributions are credited with three and one-half percent (3 1/2%)
interest annually. If service is terminated and the member does not
qualify for retirement benefits, his money, with interest, is refunded.
(4)
Any further information may be procured from the County Controller,
who is the Secretary of the retirement fund.
[Added 1-21-1969]
The employees of the York/Adams County Mental Health and Mental
Retardation Board shall be allowed to participate in the York County
Retirement Fund.
[Added 2-16-1977]
Members of the York County Retirement System will be permitted
to initiate a change in their retirement contribution percentage only
at the beginning of a calendar year.
[Added 12-9-1981[1]]
A.
Voluntary contributions to the county pension plan shall not be allowable
as deductible contributions to an individual retirement account (IRA).
B.
Each employee shall be notified of this decision but shall be reminded
that he or she continues to have the option of voluntarily contributing
up to 17% of his or her salary into the county pension plan and in
so doing will build up the member annuity received at retirement.
[1]
Editor's Note: The preamble to this resolution reads
as follows:
"Whereas the Economic Recovery Tax Act of 1982, signed into
law by President Reagan on August 13, 1981, provides a new tax break
for active members of the York County Employees Retirement Plan, so
that, in addition to being a member of the county's pension plan,
it is now permissible to establish individual retirement accounts
(IRA) and contribute to them a maximum of 100% of their compensation
or $2,000, whichever is less;
"Whereas the Act further provides that voluntary contributions
to a pension plan may be made and treated as deductible contributions
to an IRA if the pension plan so permits and the Retirement Board
approves; and
"Whereas there would be considerable administrative problems
and costs associated with administering this program."
[Added 12-28-1983[1]]
As of January 1, 1983, the York County Commissioners do hereby
elect to contribute on behalf of each active member for current service
the amount of regular member contributions known as "pickup contributions."
[1]
Editor's Note: The preamble to this resolution reads
as follows:
"Whereas Section 414(h)(2) of the Internal Revenue Code permits
a government of any state or political subdivision thereof to establish
a plan where the contributions of employing units are designated as
employee contributions but where the employing unit picks up the contributions,
the contributions so picked up shall be treated as employer contributions;
and
"Whereas the Act of August 31, 1971 (P.L. 398, No. 96), known
as the 'County Pension Law,' has been amended to allow the
County Commissioners to adopt a resolution electing to contribute
on behalf of each active member for current service the amount of
regular member contributions."
A.
In the event that a retiree or office holder regains employment with
the County of York, then such health and life insurance benefits as
provided herein shall be postponed during such employment. Upon final
retirement and termination from the County of York, the health and
life insurance benefits shall be reinstated as provided herein, with
the retiree or retired office holder receiving the highest level of
health and life insurance benefits or plans as he or she was eligible
for as calculated and provided hereinabove.
B.
All said costs of medical insurance and life insurance shall be paid
by the County of York.
[1]
Editor's Note: The preamble to this resolution reads
as follows:
"Whereas the York County Retirement Board by resolution on
January 5, 1983, and amended January 5, 1983, December 7, 1983, February
22, 1984, and December 31, 1986, modified the York County Retirement
Plan;
"Whereas the York County Retirement Board and York County
desire to amend and clarify the intentions of said resolution; and
"Whereas the County Pension Law, Act 96, provides in Section
19 (16 P.S. § 11669) that the Board may grant to retired
employees certain benefits that the county has granted to other employees;
"Now, therefore, be it resolved that the resolution of January
5, 1983, as amended January 5, 1983, December 7, 1983, February 22,
1984, and December 31, 1986, be hereby amended and substituted in
its entirety by the following."
[Added 9-4-1985[1]
The York County Employees Retirement Board resolves to authorize
the additional option in accordance with Section 15.1 of Act 96 of
1971[2] for its members effective retroactive to September 1,
1985.
[1]
Editor's Note: The preamble to this resolution reads
as follows:
"Whereas on July 3, 1985, Governor Thornburgh approved Senate
Bill No. 123, which became Act 35 of 1985, amending Act 96 of 1971
as the County Pension Law; and
"Whereas Section 15.1 of the County Pension Law, entitled 'Option
to Withdraw Accumulated Deductions and Accumulated Interest,'
was added stating 'If authorized by action of the Board, as an
option for its members, any member of the county retirement system
who is eligible to retire and receive a superannuation retirement
allowance, an involuntary retirement allowance or a voluntary retirement
allowance after 20 years of service may elect to receive, in one payment,
the full amount of the accumulated deductions and accumulated interest
thereon standing to his credit in the member's annuity reserve
account at the time of his retirement. Any member who makes such an
election shall forfeit the member's annuity portion of his retirement
allowance but shall continue to be entitled to the county annuity
portion upon retirement if he is otherwise so entitled."]
[2]
Editor's Note: See 16 P.S. § 11665.1.
[Added 8-29-1990]
Regardless of whether hired before or after January 1, 1989,
an employee discharged for cause is and shall be thereafter ineligible
for any paid health or life insurance coverage under the York County
Retirement Benefits Program.
[Added 9-12-1990]
A.
Qualification/eligibility for any paid health or life insurance coverage
under the York County Retirement Benefits Program shall be determined
based on the employee's most recent date of hire by the county.
B.
This limitation shall not disqualify from such benefits any retired
employee of the County of York who has been receiving such benefits
or who is eligible for such benefits.
[Added 3-3-1993]
C.
The level of insurance benefits provided at any subsequent retirement
will be identical to those insurance benefits provided prior to the
employee's reemployment by the County of York.
[Added 3-3-1993]
[Added 12-19-1990[1]]
The York County Employees Retirement Board resolves to authorize
the members of the retirement system to reduce their contributions
in accordance with Section 7 of Act 96 of 1971, as amended effective
January 2, 1991.[2]
[1]
Editor's Note: The preamble to this resolution reads
as follows:
"Whereas on November 21, 1990, Governor Casey approved House
Bill No. 16, which became Act 136 of 1990, amending Act 96 of 1971,
known as the 'County Pension Law'; and
"Whereas Section 7 of the County Pension Law, entitled 'County
Employees' Retirement Fund; transfers between classes,'
was amended by adding:
(e) 'The Board may at any time, by rule, authorize members
of the retirement system, whether original or new members, to individually
elect to reduce the contribution to any of the percentages required
herein for any class lower than the class otherwise designated by
the Board as applicable to the retirement system to which the member
belongs. Any such election shall in no way affect the calculation
of the county annuity portion of the member's retirement allowance
as provided in Section 14, which county annuity portion shall be calculated
as though the member had not made that election.
(f) 'All contributions, including optional additional
payments by members, shall be credited to the member's annuity
reserve account.
(g) 'The Board may at any time, by rule, authorize members
of the retirement system, whether original or new members, to transfer
from the one-one-hundred-twentieth class or from the one-one-hundredth
class to the one-eightieth class, to the one-seventieth class or to
the one-sixtieth class. Whenever such transfers are authorized, salary
deductions or pickup contributions applicable to the transferred members
shall be based upon the percent of salary deduction applicable while
in each class, notwithstanding the provisions of Subsection (e).'"
[2]
Editor's Note: See 16 P.S. § 11657.
[Added 9-14-1994]
A refund of the employee's accumulated retirement deductions
and contributions shall be withheld, including all accrued interest,
until final conclusion and disposition of any administrative and/or
court proceedings relevant to the employee's termination. Interest
would continue to accrue during the time said action is taking place,
from the time of the employee's termination until the final conclusion
and disposition of any administrative and/or court action. The rate
of interest would be the same rate as is applied in Section 7 of the
Summary Plan Description [currently five and one-half percent (5 1/2%)].
