The Pension Plan Board shall be the plan administrator
and shall have the power and authority to do all acts and to execute,
acknowledge and deliver all instruments necessary to implement and
effectuate the purpose of this plan. The plan administrator may delegate
authority to act on its behalf to any persons it deems appropriate.
If a plan administrator is not appointed, the Council shall be the
plan administrator.
A.
The Pension Plan Board shall consist of the Mayor,
Director of Public Safety, the City Controller, the Director of Finance,
City Treasurer, Chief of Police, the City Clerk and one member from
the active members of the Bureau of Police and one retired former
member of the Bureau of Police. The active police and retired police
representatives shall be elected for a term of two years. Each member
of the Pension Plan Board shall serve in that capacity until the earliest
of death, resignation or removal. Any vacancy on the Pension Plan
Board shall be filled in accord with the provisions governing initial
appointment as a member of the Pension Plan Board.
B.
The Pension Plan Board may organize itself in any
manner deemed appropriate to effectuate its purposes hereunder, provided
that it shall act by a majority of its members at the time in office
either by vote at a meeting or in writing without a meeting; the Mayor
shall be the President, the City Clerk, the Secretary, the City Treasurer,
the Treasurer and the City Solicitor legal counselor for the Board,
it may authorize any one or more of its members to execute any document
or documents, including any application, request, certificate, notice,
consent, waiver or direction and shall notify the Council, in writing,
of each such member so authorized; however, if no such member is so
authorized, the President shall be deemed to be so authorized; it
shall meet at least one time in each plan year; and it shall maintain
and keep such records as are necessary for the efficient operation
of the plan and preservation of the pension fund or as may be required
by any applicable law, regulation or ruling, and shall provide for
the preparation and filing of such forms, reports or documents as
may be required to be filed with any governmental agency or department
and with the participants and/or other persons entitled to benefits
under the plan. The Board shall meet at the call of the President
or of any five members.
A.
The plan administrator shall have full power and authority
to do whatever shall, in its judgment, be reasonably necessary for
the proper administration and operation of the plan. The interpretation
or construction placed upon any term or provision of the plan by the
plan administrator or any action of the plan administrator taken in
good faith shall be final and conclusive upon all parties hereto,
whether employees, participants or other persons concerned. By way
of specification and not limitation and except as specifically limited
hereafter, the plan administrator is authorized:
(1)
To construe this plan;
(2)
To determine all questions affecting the eligibility
of any employee to participate herein;
(3)
To compute the amount and source of any benefit payable
hereunder to any participant or beneficiary;
(4)
To authorize any and all disbursements;
(5)
To prescribe any procedure to be followed by any participant
and/or other person in filing any application or election;
(6)
To prepare and distribute, in such manner as may be
required by law or as the plan administrator deems appropriate, information
explaining the plan;
(7)
To require from the employer or any participant such
information as shall be necessary for the proper administration of
the plan.
B.
The plan administrator, in its capacity as plan administrator,
shall have no power to add to, subtract from or modify the terms of
the plan or change or add to any benefits provided by the plan or
to waive or fail to apply any requirements of eligibility for benefits
under the plan. Further, the plan administrator shall have no power
to adopt, amend, or terminate the plan or to determine or require
any contributions to the plan, said powers being exclusively reserved
to the Council in its capacity as the governing body of the employer.
All reasonable expenses incident to the functioning
of the plan administrator, including, but not limited to, fees of
accountants, legal fees incurred for advice or to defend the fund
(not including fees to defend the fund's trustee or the City), actuaries
and other specialists and other costs of administering the plan, may
be paid from the pension fund upon approval by the plan administrator
to the extent permitted under applicable law and not otherwise paid
by the employer.
No member of the Council nor the plan administrator
nor the actuary nor any other person involved in the administration
of the plan shall be liable to any person on account of any act or
failure to act which is taken or omitted to be taken in good faith
in performing their respective duties under the terms of this plan.
To the extent permitted by law, the employer shall, and hereby does
agree to, indemnify and hold harmless the plan administrator and each
successor and each of any such individual's heirs, executors and administrators,
and the plan administrator's delegates and appointees (other than
any person, bank, firm or corporation which is independent of the
employer and which renders services to the plan for a fee) from any
and all liability and expenses, including counsel fees, reasonably
incurred in any action, suit or proceeding to which he is or may be
made a party by reason of being or having been the plan administrator
or a delegate or appointee of the plan administrator except in matters
involving criminal liability, intentional or willful misconduct. If
the employer purchases insurance to cover claims of a nature described
above, then there shall be no right of indemnification except to the
extent of any deductible amount under the insurance coverage or to
the extent of the amount the claims exceed the insured amount.
The plan administrator shall review and approve
or deny any application for retirement benefits within 30 days following
receipt thereof or within such longer time as may be necessary under
the circumstances. Any denial of an application for retirement benefits
shall be in writing and shall specify the reason for such denial.
Any person whose application for retirement
benefits is denied, who questions the amount of benefit paid, who
believes a benefit should have commenced which did not so commence
or who has some other claim arising under the plan ("claimant") shall
first seek a resolution of such claim under the procedure hereinafter
set forth.
A.
Any claimant shall file a notice of the claim with
the plan administrator which shall fully describe the nature of the
claim. The plan administrator shall review the claim and make an initial
determination approving or denying the claim.
B.
If the claim is denied in whole or in part, the plan
administrator shall, within 90 days (or such other period as may be
established by applicable law) from the time the application is received,
mail notice of such denial to the claimant. Such ninety-day period
may be extended by the plan administrator if special circumstances
so require for up to 90 additional days by the plan administrator's
delivering notice of such extension to the claimant within the first
ninety-day period. Any notice hereunder shall be written in a manner
calculated to be understood by the claimant and, if a notice of denial,
shall set forth the specific plan provisions on which the denial is
based, an explanation of additional material or information, if any,
necessary to perfect such claim and a statement of why such material
or information is necessary and an explanation of the review procedure.
C.
Upon receipt of notice denying the claim, the claimant
shall have the right to request a full and fair review by the Council
of the initial determination. Such request for review must be made
by notice to the Council within 60 days of receipt of such notice
of denial. During such review, the claimant or a duly authorized representative
shall have the right to review any pertinent documents and to submit
any issues or comments in writing. The Council shall, within 60 days
after receipt of the notice requesting such review (or in special
circumstances, such as where the Council in its sole discretion holds
a hearing, within 120 days of receipt of such notice), submit its
decision in writing to the person or persons whose claim has been
denied. The decision shall be final, conclusive and binding on all
parties, shall be written in a manner calculated to be understood
by the claimant and shall contain specific references to the pertinent
plan provisions on which the decision is based.
D.
Any notice of a claim questioning the amount of a
benefit in pay status shall be filed within 90 days following the
date of the first payment which would be adjusted if the claim is
granted unless the plan administrator allows a later filing for good
cause shown.
E.
A claimant who does not submit a notice of a claim
or a notice requesting a review of a denial of a claim within the
time limitations specified above shall be deemed to have waived such
claim or right to review.
F.
Nothing contained herein is intended to abridge any right of a claimant to appeal any final decision hereunder to a court of competent jurisdiction under 2 Pa.C.S.A. § 752. No decision hereunder is a final decision from which such an appeal may be taken until the entire appeal procedure of this § 57-113 of the plan has been exhausted.