This article hereby amends and recodifies all
prior and existing ordinances and resolutions relating to the Police
Pension Fund or police annuities of the Borough, so that henceforth
all rights, pensions or annuities for full-time members of the police
force be governed by this article.
A Police Pension Fund or pension annuity is
hereby established for the Borough to be administered by the Borough
Council or such agency as may be created by the Council. The funds
and property of the existing police pension plan shall be administered
under the terms of this article.
This plan shall apply to existing and future
full-time or regular members of the police force of the Borough who
work for a stated salary or compensation; it does not apply to part-time
or special policemen.
If a police officer ceases employment before
reaching retirement age and the service requirements, but has completed
at least 12 years of total service, the officer would be able to vest
his retirement by filing with the municipality within 90 days of leaving,
a written notice of his intention to vest. Then upon reaching his
retirement date, had he continued to be an officer, he would be paid
a partial retirement base benefit, based on the percentage of years
of actual service versus the years of service had he continued employment.
For calculating purposes, the monthly average salary during the appropriate
period prior to leaving would apply.
[Amended 10-22-2007 by Ord. No. 556-2007]
A. Effective as of April 17, 2002, in the event of total
and permanent disability, benefits shall become payable to the injured
member equal to 75% of the salary of the member as of the date such
total and permanent disability is incurred.
B. For the purposes of this section, the term "total
and permanent disability" means a physical or mental condition of
a police member resulting from bodily injury or disease or a mental
disorder incurred while perforating police duties for this Borough
which renders the police member permanently and totally disabled from
performing police work for the Borough.
C. A determination by the Council or its agent or agency
that a member is totally and permanently disabled shall be required
for such member to receive a disability benefit under this section.
Before making such determination, the Council or its agent or agency
shall secure the opinion of one or more practicing physicians licensed
to practice medicine in the Commonwealth of Pennsylvania stating the
opinion that a member is permanently and totally disabled from performing
police work within a reasonable degree of medical certainty.
D. A member shall be ineligible to receive, at the same time, both his normal retirement benefit and disability benefits under the plan during any period in which he is disabled if he elects to receive the disability retirement benefits. During the time benefits shall be paid to a police member for disability under this article, any benefits under the Workers' Compensation Act or the Social Security Act received or collected for the same injuries by any such police member for such period shall be turned over to the Borough which shall deposit said funds into the Fund; and, if such payment shall not be so made by the police member, the amount of said benefits so due the Borough shall be deducted from any disability benefit under the plan then or thereafter becoming due and owing. Notwithstanding the above, the disability benefit payable under this §
23-18 shall not be less than 50% of the member's salary at the time the disability was incurred, provided that any member who receives benefits for the same injuries under the Social Security Act shall have his disability benefits offset or reduced by the amount of such benefits.
[Amended 8-20-2002 by Ord. No. 517; 10-22-2007 by Ord. No.
556-2007]
A. The following applies for non-service-related deaths after retirement: Effective as of April 17, 2002, if the member shall die after retirement or after completing the requirements for eligibility in §§
23-14 and
23-15, the surviving spouse of such member, including surviving spouses whose spouse died on or before April 17, 2002, and who were not remarried as of such date, shall receive, for life, a pension equal to no less than 50% of the pension the member was receiving or was eligible to receive at the time of his death. If there is no surviving spouse or the spouse subsequently dies, the child or children of the deceased member shall share equally in a pension equal to no less than 50% of the pension the member was receiving or was eligible to receive at the time of his death until each reach the age of 18 years or, if attending college, until each such child is under or attaining the age of 23.
C. For purposes of this article, the phrase "attending
college" shall have the meaning described in 53 P.S. § 767(b).
Any member of the police force who has been
a legally appointed employee for a period of at least six months and
thereafter shall enter into the military service of the United States
shall have credited to his employment record for pension or retirement
benefits all of the time spent by him in such military service, if
such person returns or has heretofore returned to his employment within
six months after his separation from the service.
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 void,
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 of the collection of debts
or liable for or subject to the debts, contract, liabilities, engagements
or torts of the person entitled to such benefit. In the event Council
or its agency shall find that any member or beneficiary under the
plan has become incompetent, bankrupt or insolvent or that any attempt
has been made to anticipate, alienate, sell, transfer, assign, pledge,
encumber or charge any of his benefits under the plan, except as specifically
provided in the plan, then such benefit shall cease and terminate,
and in the event Council or its agency shall hold or apply the same
to or for the benefit of such member or beneficiary, his spouse, children
or other dependents, or any of them, in such manner as the Borough
Council may find proper from time to time.
The monthly benefit as determined in this article,
payable to retirees and survivors of retirees shall be increased the
sum of $50 from the amount as set forth and/or established under original
Ordinance No. 276-A on or about December 12, 1973, or such lesser
amount for retirees and/or survivors of retirees who may have reached
the maximum amount allowable under Pennsylvania Act 600 of 1955. This increase shall become effective retroactively as
of January 1, 1987.
In addition to the normal retirement benefits
and any other benefits provided by this article, retirement benefits
payable to a member receiving benefits shall be increased each year
by a cost of living increase under the applicable provisions of 53
P.S. § 771, also known as "Act 600." This increase shall
become effective retroactively as of January 1, 1993.
[Added 1-24-2011 by Ord. No. 592-2011]
A. Deferred Retirement Option Program.
(1) Effective March 1, 2011, an active participant who has satisfied the eligibility requirements for normal retirement under §
23-15 may elect to participate in the DROP, defer receipt of his/her normal retirement benefit, and continue employment with the Borough by filing a written application with the Borough before the participant's specified date of participation in the DROP. Participation in the DROP shall be for a period of not less than 12 months nor more than 60 months.
(2) Prior to participating in the DROP, an eligible participant must
do the following:
(a)
Identify a binding and irrevocable resignation date from employment
with the Borough that also discloses the date on which the employee
will begin participation in the DROP.
(b)
Execute an irrevocable written election to participate in the
DROP that includes the following acknowledgements:
[1]
That, as of the date on which participation in the DROP commences,
the participant's pension calculation will freeze and no service
rendered nor compensation received during the period of participation
in the DROP will be considered for pension calculation purposes;
[2]
As of the date on which the participant's participation
in the DROP commences, the participant will no longer make any pension
contributions to the pension fund;
[3]
Participation in the DROP in no way limits or diminishes the
Borough's right to discipline or discharge an employee for proper
cause.
(c)
Complete all other retirement documents requested by the Pension
Committee.
B. Benefit under Deferred Retirement Option Program.
(1) Effective with the participant's date of participation in the
DROP, the participant's normal retirement benefit under the plan,
effective date of participation in the DROP, and effective date of
termination of participation in the DROP shall be fixed.
(2) The participant's effective date of participation in the DROP
shall begin on the day specified in his election.
(3) The participant's participation in the DROP shall end on the
last day of the participation period specified in his election.
(4) The participant's normal retirement benefit shall be calculated under §
23-16 as of his effective date of participation in the DROP.
(5) The participant's normal retirement benefit may be increased by cost-of-living increases as provided by §
23-27.
(6) The participant's participation in the DROP does not guarantee
his employment with the Borough during the participation period specified
in his election.
(7) In the event that the participant is temporarily unable to perform
his duties due to sickness or injury, his participation in the DROP
shall continue. However, notwithstanding any other provision in this
subsection, if the participant is disabled and has not returned to
work as of the date of his required resignation, then such resignation
shall take precedence over all other provisions herein and the participant
shall be required to resign. In addition, as a condition of participation
in the DROP, the participant shall not be eligible to receive a disability
benefit from the plan. In no event shall a participant on temporary
disability have the ability to draw from or access his DROP account.
(8) Notwithstanding a participant's election to participate in the
DROP, a participant who is convicted or pleads guilty to engaging
in criminal misconduct which constitutes a "crime related to public
office or public employment," as that phrase is defined in Pennsylvania's
Pension Forfeiture Act, 43 P.S. §§ 1311 to 1314, shall
forfeit his right to receive a pension, including amounts currently
deposited in the participant's DROP account. In such case, the
participant shall only be entitled to receive the contributions, if
any, made by the participant to the fund, without interest.
C. Deferred Retirement Option Program account.
(1) During the period of participation in the DROP, the participant's
monthly normal retirement benefit shall be credited to his DROP account
on the first day of each month.
(2) Interest shall be credited on the balance in the DROP account at
the rate of 1% per annum.
(3) The participant shall receive an annual statement showing the accumulated
balance in the DROP account.
(4) The monthly normal retirement benefit credited to the DROP account
during the month of the participant's death or termination of
participation in the DROP, if earlier, shall be a fraction of the
final monthly normal retirement benefit credited to the DROP account
pro rated for the month.
(5) The participant may not draw from nor access his DROP account during
the period of participation in the DROP.
D. Termination of participation in Deferred Retirement Option Program.
(1) A participant in the DROP may change the termination date of participation
in the DROP to an earlier date without penalty.
(2) Upon termination of participation in the DROP:
(a)
The participant shall be separated from employment with the
Borough.
(b)
The participant shall receive distribution of the balance in
his DROP account in a lump sum within 30 days following the participant's
separation from employment with the Borough.
(c)
The monthly normal retirement benefit shall commence to the participant as described in §
23-16.
(d)
The participant shall be ineligible to reparticipate in the
DROP.
E. Death benefits.
(1) Upon the death of a participant during his participation in the DROP, the participant's named beneficiary shall be entitled to payment of the balance in the participant's DROP account in a lump sum. The survivor benefit under §
23-19 shall be payable to the participant's surviving spouse or eligible child.
(2) If the participant dies on or after the effective date of his participation
in the DROP but before the first monthly normal retirement benefit
has been credited to the DROP account, the participant's election
to participate in the DROP shall be null and void.
[Amended 10-22-2007 by Ord. No. 556-2007]
In addition to the normal retirement benefits
and any other benefits provided by this article, length-of-service
increments shall be provided to each member, which will be the maximum
allowable length-of-service benefit under the applicable provisions
of 53 P.S. § 771, also known as "Act 600." This increase
shall become effective retroactively as of January 1, 1993.