The Municipality of Kingston hereby elects and
ordains to establish and does hereby establish a pension and retirement
plan for the full-time nonuniformed employees of the Municipality
of Kingston, retroactive to January 1, 1987, as said plan is attached
hereto and incorporated by reference herein in its entirety.
Membership in the pension and retirement plan
established by this Article shall be mandatory for all full-time nonuniformed
employees of the Municipality of Kingston, except for the Municipal
Administrator and Solicitor. Membership for employees hired on a temporary
or seasonal basis shall be prohibited, and officers and employees
paid wholly on a fee basis shall be ineligible for membership in the
plan.
The Municipality of Kingston hereby acknowledges
responsibility and liability for all obligations due members of the
plan pursuant to and by reason of the prior participation of the municipality
in the Pennsylvania Municipal Retirement System and prior pension
plan, as well as the plan agreement as attached hereto, incorporating
and acknowledging such liability, which plan is incorporated by reference
herein in its entirety as if fully set forth in this section.
The Municipal Administrator, Mayor and Secretary
are hereby authorized and empowered to execute the plan and any and
all documents and undertakings necessary to accomplish the aforestated
objectives and purposes, retroactive to January 1, 1987.
The plan shall be construed according to the
laws of the Commonwealth of Pennsylvania, and all provisions hereof
shall be administered to, and validity shall be determined under the
laws of such commonwealth, except where preempted by federal law.
Should any provision of the plan or any regulation adopted thereunder
be deemed or held to be unlawful or invalid for any reason, such unlawfulness
or invalidity shall not adversely affect the other provisions or regulations
unless such invalidity or unlawfulness shall render impossible or
impractical the functioning of the plan, and in such case, the parties
shall forthwith adopt a new plan or regulations in accordance with
law.
[Added 4-18-1990 by Ord. No. 1990-8]
A. The Municipality of Kingston hereby elects and ordains
to establish and does hereby establish a Board of Trustees for the
administration of the Nonuniformed Employees' Pension Plan, all in
conformance with an ordinance of the Municipality of Kingston, dated
March 14, 1988.
B. Composition. The Board of Trustees shall consist of
10 members: three Public Works Department employees; two Administration
Department employees; one Recreation Department employee; two members
of Town Council, more specifically the Chairman and Vice Chairman
of Town Council or their duly appointed representative(s); and the
Municipal Administrator, who shall serve as the Plan Administrator
and Secretary to the Board. In addition, he shall be deemed to be
a nonvoting member. All other members herein named shall be considered
voting members.
C. Duties. The Board of Trustees shall meet on a quarterly
basis each year and shall be charged with the administration of the
plan, in cooperation with the Plan Administrator, and the depositing
of funds. The Board shall engage a professional actuary to perform
all studies and give reports necessary to ensure compliance with Act
205. The Board of Trustees shall give regular notice of its
meetings and shall publish minutes and reports to accurately reflect
the conduct of affairs by the Board. The Board shall select from its
members a Chairman and Vice Chairman, who shall serve for one-year
terms. The Board shall reorganize at its first quarterly meeting each
year.
D. Terms of office.
(1) The full-time nonuniformed employees shall elect from
their membership six individuals upon representation from the departments
previously aforementioned. Their terms shall be staggered and shall
be for durations of one, two and three years, respectively.
(2) The term of office for each representative shall be
as follows:
(a)
Public Works Department: one employee for three
years; one employee for two years; and one employee for one year.
(b)
In the Department of Administration: one employee
for one year; one employee for two years.
(c)
In the Department of Recreation: one employee
for one year.
(3) The municipality shall be represented by its Council
President and Vice President, where terms shall coincide with their
respective terms of appointment by Town Council.
(4) The Mayor shall serve as a standing member of the
Board of Trustees.
E. Severability. This section shall be consistent with
all other applicable laws of the Commonwealth of Pennsylvania and
all provisions hereof shall be administered to and validity shall
be determined under the laws of such commonwealth except where preempted
by federal law. Should any provisions of the Plan or any regulation
adopted thereunder be deemed or held to be unlawful or invalid for
any reason, such unlawfulness or invalidity shall not adversely affect
the provisions or regulations unless such invalidity or unlawfulness
shall render impossible or impractical the functioning of the Plan,
and in such case, the parties shall forthwith adopt a new plan or
regulation in accordance with the law.