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:
As of any given date, the benefit determined under § 33-14, 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 projected aggregate service of the participant as if the participant continues in employment until attainment of normal retirement age. Notwithstanding anything contained herein to the contrary, in no event shall the fraction exceed one. The accrued benefit shall not exceed the maximum limitation, determined as of the date of computation, provided under § 33-17. All accrued benefits are subject to all applicable limitations, reductions, offsets, and actuarial adjustments provided pursuant to the terms of the plan prior to the actual payment thereof.
The total amount contributed by any participant to this fund or its predecessor by way of payroll deduction or otherwise, plus interest credited at 5% per annum. Interest shall be credited in the form of a simple interest rate from the midpoint of the plan year during which the contributions were paid to the first day of the month preceding the date that a distribution of accumulated contributions under §§ 33-32 or 33-36 shall be paid or payment of benefits shall commence.
The Municipal Pension Plan Funding Standard and Recovery
Act which was enacted as Act 205 of 1984, as amended, 53 P.S. § 895.101
et seq.
Two forms of payment of equal actuarial present value on
a specified date. The actuarial present value shall be determined
by use of the UP-1984 Mortality Table and 7% interest unless otherwise
specifically provided herein.
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.
The total period or periods of the participant’s employment
with the employer whether or not interrupted. Notwithstanding the
preceding sentence, should any such participant receive a distribution
of accumulated contributions with respect to a period of employment
for which employee contributions are required, such period of employment
shall not be included in aggregate service thereafter unless, at the
commencement of the next period of employment, the participant repays
to the fund the amount of such distribution with interest. For purposes
of this definition, interest shall accrue as of the date the employee
receives a distribution of accumulated contributions and shall be
computed at the same rate and in the same manner as described in the
definition of “accumulated contributions.” Aggregate service
shall be calculated in completed years, and shall not include any
period of a voluntary leave of absence without pay.
That the eligible children are registered at an accredited
institution of higher learning and are carrying a minimum course load
of seven credit hours per semester.
[1]The person or entity designated by the participant to receive
a distribution 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 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 of Pennsylvania if the participant had died intestate
and a resident of Pennsylvania.
The person designated by the Borough who has the primary
responsibility for the execution of the administrative affairs for
the plan.
The Police Pension Review Committee as determined pursuant to § 33-39.
The Commonwealth of Pennsylvania.
The total remuneration of the employee as reported on Internal
Revenue Service Form W-2, 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. Compensation shall
be limited on an annual basis to the amount specified for government
plans pursuant to Internal Revenue Code Section 401(a)(17), as amended,
as adjusted under Internal Revenue Code Section 415(d), as amended.
The Council of the Borough of Crafton.
The date when a participant is determined by the plan administrator
to be incapacitated due to total and permanent disability, or the
date when the participant’s employment terminates due to such
total and permanent disability, if later.
Any individual employed by the employer on a regular, full-time
basis as a police officer of the employer’s police force.
Borough of Crafton, Allegheny County, Pennsylvania.
For the purpose of determining aggregate service:
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;
Any period of time for which an employee is
paid, either directly by the employer or through a program to which
the employer has made contributions on behalf of the employee, 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
or similar laws);
Any period during which an employee is entitled
to disability benefits under this plan, provided that the employee
returns to employment within three months of the date on which it
is determined that the employee is no longer totally and permanently
disabled if such determination occurs prior to the date a participant
attains normal retirement age;
Any period of voluntary or involuntary military
service with the armed forces of the United States of America, provided
that the participant has 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 the
participant returns to employment within six months following discharge
from military service or within such longer period during which employment
rights are guaranteed by applicable law or under the terms of a collective
bargaining agreement with the employer; and
Any period of qualified military service as
determined under the requirements of Chapter 43 of Title 38, United
States Code, as amended, 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 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.
The average monthly salary earned by the participant
and paid by the employer during the final 36 months immediately preceding
termination of active employment. Salary shall include the regular
gross pay of the employee as reported on Internal Revenue Service
Form W-2, whether salary or hourly wages, including overtime pay,
holiday pay, longevity pay and any other types of additions to compensation
by the employer for police services rendered. However, salary shall
not include for this purpose any single sum or extraordinary payments
made which are not directly attributable to active employment during
the averaging period, including but not limited to payment for accumulated
sick leave, payment of a longevity bonus or payment of a back pay
damage award. To the extent that any such single sum or extraordinary
payments should be allocated to a particular period of employment
they shall be so allocated on a proportionate basis and may be included
in the determination of compensation for any given month in which
they are so allocated.
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 definition. Therefore,
for example, the final monthly average salary for a participant who
receives disability benefits from this plan or who is voluntarily
or involuntarily serving in the United States armed forces during
the final 36 months of aggregate service shall be based on the period
during which the employee last received salary (as defined in the
preceding paragraph) from the employer.
Salary used to determine final monthly average
salary shall be limited on an annual basis to the amount specified
for government plans in accordance with Internal Revenue Code Section
401(a)(17), as amended, as adjusted under Internal Revenue Code Section
415(d), as amended.
A legal reserve life insurance company authorized to do business
in the Commonwealth of Pennsylvania.
The Internal Revenue Code of 1986, as amended.
The first day of the month coincident with or next following
the date on which the participant retires from employment on which
the payment of retirement benefits pursuant to this plan shall commence.
The fixed, periodic payment for the final completed month
of active employment. [2]
The fixed, periodic payment for the final completed month
of active employment during the year the disability occurred. [3]
The minimum obligation of the municipality as determined
by the actuary pursuant to the provisions of the Act.
The date on which the participant has completed 25 years
of aggregate service with the employer and has attained age 50.
The first day of the month coincident with or next following
the date on which the participant attains normal retirement age and
retires from employment.
A written document prepared in the form specified by the
plan administrator. If such notice or election is to be provided by
the employer or the plan administrator, it shall be mailed in a properly
addressed envelope, postage prepaid, to the last known address of
the person entitled thereto, on or before the last day of the specified
notice or election period. If such notice or election is to be provided
to the employer or the plan administrator, it must be received by
the intended recipient on or before the last day of the specified
notice or election period.
An employee who has met the eligibility requirements to participate in the plan as provided in § 33-2 and who has not for any reason ceased to be a participant hereunder.
The Police Pension Fund administered under the terms of this
plan and which shall include all money, property, investments, policies
and contracts standing in the name of the plan.
The plan set forth herein, as amended from time to time,
and designated as the “Borough of Crafton Police Pension Plan.”
The committee or the individual appointed for the purpose
of supervising and administering the provisions of the plan. In the
event that no such appointment is made, the plan administrator shall
be the Board.
The twelve-month period beginning on January 1 and ending
on December 31 of each year.
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 applicable law.
January 1, 2001, the date upon which this amendment and restatement
of the plan becomes effective.
The unreduced social security old age insurance benefit calculated
under the provisions of the federal Social Security Act in effect
on the date of determination, using only the compensation earned in
employment.
A condition of physical or mental impairment due to which a participant is unable to perform the usual and customary duties of employment and which is reasonably expected to continue to be permanent for the remainder of the participant’s lifetime and which qualifies the participant for federal social security disability benefits. For purposes of this definition and Article V, a condition shall not be treated as a total and permanent disability unless such condition is a direct result of and occurs in the line of duty of employment. Therefore, an employee whose physical or mental impairment does not occur in the line of duty or which is the result of alcoholism, addiction to narcotics, perpetration of a felonious criminal activity or is willfully self-inflicted, is not entitled to receive disability benefits under the plan.
