Pursuant to Act 180 of 1972, as amended, there
is hereby established the Stroud Area Regional Police Department Police
Pension Plan, herein after referred to as the "plan." The provisions
of this pension plan shall be retroactive to May 1, 2000.
The plan is to be maintained by the following: a charge against all police officer employees who hold a full-time position in the Stroud Area Regional Police Department and who work an average of not less than 40 hours per week (as set forth in §
40-6B hereof); by payments made to the municipalities which are members of the Department by the Commonwealth of Pennsylvania for the purpose of retirement or disability pensions for police employees under any present or future law providing therefor, by such appropriations thereto as may be lawfully made by the Stroud Area Regional Police Commission; by gifts, grants and bequests received by the plan; and by receipts from investment of the plan. The plan shall be under the direction of the Police Commission under such regulations as it may from time to time, by resolution, prescribe for the benefit of such police employees of the Department as shall receive an honorable discharge therefrom by reason of age and service or service disability. The pension allowed to those who are retired by reason of service-related disabilities shall be in conformity with a uniform scale.
Each police officer employee who is holding
a full-time position in the Police Department and who works not less
than an average of 40 hours per week for a stated salary or compensation
shall become a participant of the plan, with the exception of the
Chief of Police.
The establishment of the plan shall not be construed
as conferring any legal rights upon any police employee or other person
to a continuation of employment, nor shall it interfere with the rights
of the Commission to discharge any police employee or to treat him
or her without regard to the effect which such treatment might have
upon him or her as a member of the plan.
Except insofar as may otherwise be required
by law, no benefit under the plan shall be subject in any manner to
anticipation, alienation, sale, transfer, assignment, pledge, encumbrance
or charge, and any attempt so to do shall be voided, except as specifically
provided in the plan, nor shall any such benefits be in any manner
liable for or subject to garnishment, attachment, execution, levy
or other legal process for the collection of debts or liable for or
subject to the debts, contract, liabilities, engagements or torts
of the person entitled to such benefit.
Any member of the police force of the Stroud Area Regional Police Department who was a member of the Borough of Stroudsburg, the Borough of East Stroudsburg or the Township of Stroud Police Department on the day preceding his commencement of employment with the Stroud Area Regional Police Department shall have credited to his employment record for pension or disability benefits all of the time spent by him or her in the employ of the Borough of Stroudsburg, the Borough of East Stroudsburg and the Township of Stroud Police Department, provided that he/she has repaid to the plan fund any prior refund distribution with interest, as provided for in §
40-6B(5).
Notwithstanding any information that is made
available by the Stroud Area Regional Police Commission, the Police
Pension Board or the trustees to members of the plan through the distribution
of descriptive booklets, bulletin board notices, payroll notices or
oral announcement, any member of the plan may examine the plan and
all amendments thereto at the main office of the Stroud Area Regional
Police Department at such mutually convenient time as is arranged
by the members and a representative of the Commission and/or the Board
of Trustees.