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 participant's benefit determined under § 57-151, calculated on the basis of the participant's final monthly average salary determined as of such date and multiplied by a fraction, the numerator of which shall be the participant's completed years of credited service as of such determination date and the denominator of which shall be the number of years of credited service the participant would be required to complete to attain normal retirement age. Notwithstanding anything contained herein to the contrary, in no event shall the fraction exceed 1.0. The accrued benefit shall not exceed the maximum limitation, determined as of the date of computation, provided under § 57-156. All accrued. benefits are subject to all applicable limitations, reductions, offsets and actuarial adjustments provided by the plan prior to the actual payment thereof, and no accrued benefits shall be paid unless the participant satisfies all requirements hereunder for entitlement to receive such benefit.
[Amended 1-23-2020 by Ord. No. 1783[1]]
The total amount contributed by any participant to this plan
or its predecessor by way of payroll deduction or otherwise. There
shall be no interest credited to this amount.
The Municipal Pension Plan Funding Standard and Recovery
Act (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 factors to be used in determining actuarial
equivalents shall be 7% interest, and UP-1984 Mortality Table rates.
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.
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.
The person or legal entity designated by the participant
to receive any applicable benefits under the plan payable upon the
occurrence of 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 of Pennsylvania
if the participant had died intestate and a resident of Pennsylvania.
Any period of time after employment has commenced during
which an employee fails to maintain a continuous period of employment.
The person designated by the employer who has primary responsibility
for the execution of the administrative affairs of the plan.
The Internal Revenue Code of 1986, as amended.
The Commonwealth of Pennsylvania.
The basic rate of remuneration, including shift differential
and longevity pay, paid to an employee by the employer with respect
to personal services rendered as an employee and shall exclude all
other forms of remuneration, including but not limited to overtime
and expense reimbursements. Amounts paid as lump sums for back-pay,
damage awards or settlements other than to the extent that such amounts
are credited to periods of time when they would otherwise have accrued
or been earned shall be excluded such that no amounts are credited
in a manner which would result in duplication of remuneration for
any particular period of time. Compensation shall be limited on an
annual basis for purposes of this plan to the amount specified in
accordance with Code Section 401(a)(17) for government plans, as adjusted
under Code Section 415(d).
Any insurance or annuity contract issued by an insurance
company in accordance with the requirements of the plan.
The City Council of the City of Butler, Pennsylvania.
Any person who is employed on a full-time basis as a fireman
by the employer and who is not otherwise participating in a pension
plan or retirement program sponsored by the employer which recognizes
credit for the same period of service to the employer.
The City of Butler, Pennsylvania, a political subdivision
of the commonwealth.
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 an employee. Employment may include, for the purpose
of determining years of credited service, an authorized leave of absence
to the extent it is specifically granted in writing by the Council
and permitted pursuant to applicable law.
The average of the monthly compensation of the participant
during the five years of credited service prior to termination of
employment which provide the highest average or the monthly rate of
compensation at the time of termination from employment, whichever
produces the highest monthly amount of compensation. Salary shall
include base pay, longevity and shift differential pay.
Any legal reserve life insurance company licensed to do business
in one or more states of the United States.
The minimum annual obligation of the municipality as determined
and certified by the chief administrative officer pursuant to the
provisions of the Act.
[Amended 1-23-2020 by Ord. No. 1783[2]]
The first day of the month coincident with or next following
the date when an employee attains normal retirement age.
A written document prepared in the form specified by the
plan administrator and delivered as follows: If such notice or election
is to be provided by the employer or 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; or, if such notice
or election is to be provided to the employer or the plan administrator,
it must be received by the recipient on or before the last day of
the specified notice or election period.
Any employee who has commenced participation in this plan in accordance with Article XXVIII, and has not for any reason ceased to participate hereunder.
The assets of the plan, which shall be accounted for separately
from the assets of any other plans maintained by the employer and
which shall be administered under the supervision of the employer
in accordance with the terms of the plan.
The Board appointed pursuant to the provisions of applicable law to administer the plan as more fully described herein under Article XXXV.
The City of Butler Firefighters Pension Plan.
The Pension Plan Board. In the event no such Pension Plan
Board is appointed, the plan administrator shall be the Council.
The twelve-month period beginning on January 1 and ending
on December 31.
January 1, 2002, the effective date of this amended and restated
plan.
The amount determined under § 57-152 on behalf of a participant who accumulates years of credited service in excess of the number of years of credited service which are required for attainment of normal retirement age.
A condition of physical or mental impairment due to which
a participant is unable to perform any duties of employment with the
employer. The plan administrator shall determine whether a participant
has incurred a total and permanent disability.
Any consecutive twelve-month period during which a participant
is continuously employed in employment. Each year of credited service
shall be determined from the date on which participation in the plan
shall commence and annual anniversaries thereof and/or, in the case
of a break in service, the date that reemployment of a participant
shall commence and anniversaries thereof, provided that the employee
has authorized the payment of employee contributions to the plan.
Years of credited service shall include any period of voluntary or
involuntary military service with the Armed Forces of the United States
of America not to exceed a total of three years which occurred prior
to the date on which a participant first became employed as an employee
of the employer, provided that the participant shall purchase such
service credit with the prior approval of Council (such approval shall
not be unreasonably withheld). The purchase price for such service
credit shall be an amount equal to the amount of 5% of current compensation
times the number of years and fractions thereof being purchased, plus
an amount equal to the equivalent of the contributions that the employer
would have been obligated to pay if the participant had been an employee
during such period, plus interest the City would have been required
to pay on the contributions. The purchase price hereunder shall be
paid into the plan within the time prescribed by Council after the
date that the purchase price has been determined and provided to the
participant. If a participant fails to pay such purchase price within
the time prescribed by Council, there shall be no service credit given
for such period of military service. Years of credited service shall
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 final monthly average salary 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 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.
[Amended 8-22-2019 by Ord. No. 1777; 8-11-2020 by Ord. No. 1786]
