[HISTORY: Adopted by the Borough Council of the Borough of Danville as indicated in article histories. Amendments noted where applicable.]
Police Department — See Ch. 49.
[Adopted 11-18-1957 by Ord. No. 126 (Ch. 27, Art. I, of the 1975 Code)]
Editor's Note: Original Section 18 of this ordinance, which incorporated the provisions of certain unnamed resolutions into this article, was repealed 5-14-1975 by Ord. No. 258.
[Amended 5-14-1975 by Ord. No. 258]
There is hereby established a Police Pension Fund, hereinafter referred to as the "fund," under the authority granted by the Act of 1956, May 29, P.L. (1956) 1804, known as Act No. 600, as amended, and other statutes now or hereafter pertaining or applicable hereto and any ordinance that may be lawfully enacted for the purposes hereof. The fund shall be created and maintained by an equal and proportionate monthly charge against each member of the police force in the maximum amount of 5% of the pay of such member and also from other sources of revenue. The fund shall be for the benefit of all members of the police force who elect to become members thereof, and shall be under the direction of the Borough Council, unless and until the Council shall designate a committee therefor. While under the direction of Council, the officers of the fund shall be as follows: the President of Council shall be President of the fund, the Borough Secretary shall be Secretary of the fund and the Borough Treasurer shall be Treasurer of the fund.
Editor's Note: See 53 P.S. § 767 et seq.
The fund shall be applied in accordance with present and future laws, and shall be under such regulations, herein or hereafter, as the Council may lawfully prescribe for the benefit of such members of the police force as shall receive honorable discharge therefrom by reason of age or disability, and the families of such as may be injured or killed in the service. Any allowance made to those who are retired by reason of disability or age shall be in conformity with a uniform scale. For the purpose of this article, unless and until changed by statute or ordinance, a "policeman" means a full-time paid policeman or policewoman.
Any policeman, as defined, may elect to join the fund by notifying the Borough Secretary in writing and therein authorizing the proper Borough authorities to deduct a maximum of 5% from his pay as his contribution to the fund, and in such communication naming a beneficiary or beneficiaries to whom payments shall be made in the event of his death while a member of the police force and the fund, and further stipulating and agreeing that he shall be bound by the provisions of the law pertaining hereto and of this article and by any future statutes and ordinances pertaining hereto.
The contribution deducted from any member of the police force shall be forthwith deposited to the credit of the fund, and into the fund shall likewise be deposited and credited any and all contributions that may be lawfully made by the Borough to the fund, and the Borough Council or said Committee, if and while it functions, is hereby authorized to accept and likewise deposit and credit any and all contributions, revenues or proceeds from any source and gifts, grants, devises, bequests, money or profit, and any sum or sums paid to the Borough and inuring to the fund from any official of the department of the Commonwealth of Pennsylvania under any present or future law pertinent thereto.
The assets of the fund shall be kept separate and apart from other Borough funds. All funds shall be subject to regulations as the Borough Council may prescribe from time to time.
The books and records of the fund shall be open for inspection by any interested party, and the accounts shall be audited as Council or Committee directs.
The Borough Council or the Committee may formulate rules or bylaws to implement and effectuate the intent and purpose of the statutes and ordinances relating to police pensions.
All officers may retire and receive benefits after 25 years of service and at least 55 years of age. Policemen so retired shall be subject to service as police reserve until unfit therefor by age or disability, when they may be finally discharged. While on duty as a police reserve, they shall be paid as wages, in addition to the regular pension, such sum as the Council may determine.
[Amended 5-10-1983 by Ord. No. 294]
Should a policeman be discharged or voluntarily withdraw from service or otherwise cease to become a member of the fund before vesting his pension as hereinafter provided, he shall be paid from the fund the full amount of the deductions from his pay, with interest at the rate of 4% per annum.
[Amended 1-13-1987 by Ord. No. 314]
Should a policeman not eligible to pension, but in good standing in the fund, be honorably discharged because of disability, he shall likewise be paid from the fund the full amount of the deductions from his pay, with interest at the rate of 4% per annum, and shall, if he shall have been in the service at least one full year, be granted, in addition to any other grants or privileges to which he may be entitled, leave of absence for one month with pay from the fund.
[Amended 1-13-1987 by Ord. No. 314]
Should a policeman die in service before vesting of his pension as hereinafter provided, there shall be paid to his widow or other beneficiary named by the decedent, or to his family, or, in the discretion of the Council or Committee, to other proper persons, including, in proportionate shares, medical and hospital services during the last illness or funeral expenses, from the fund the full amount of the deductions from the decedent's pay with interest at the rate of 4% per annum, and in addition, there shall be paid from the fund the full amount of the deductions from the decedent's pay, with interest at the rate of 4% per annum, in Subsection B, an amount equal to the last month's salary paid to the decedent as an earned leave of absence for a month for the purpose. The payments provided in Subsections B and C are alternative and not cumulative.
[Amended 1-13-1987 by Ord. No. 314]
Any police officer who has completed 12 years of total service and who for any reason ceases to be employed as a full-time police officer by the Borough before attaining his normal retirement age and completing the number of years of service required for normal retirement pension benefits may elect to vest his retirement benefits by filing with the Borough an election to vest retirement benefits. Such election shall be written and must be filed within 90 days of the date he ceases to be a full-time police officer.
Provided that the election is made in a timely manner, the retirement benefits shall commence to be paid on the date which would have been the police officer's normal retirement date had he continued to be employed as a full-time police officer. The retirement benefits shall be calculated as follows:
Upon application in writing stating a reason deemed good and sufficient to it, the Borough Council may grant any policeman leave of absence without pay for a period not exceeding six months, unless such period shall be extended by a majority vote of the entire Council, during which time the member shall be considered in relation to the fund as being in active service, and he shall not lose any rights to pension or benefits hereunder, provided that while on leave of absence he regularly makes a contribution to the fund in the amount that would be deducted from his pay, if he were on active duty. The provisions of this section may likewise apply where any member is prevented by injury or illness from performing his regular duties if he remains a member of the police force and of the fund, provided that such leave of absence shall not affect any law, ordinance or action of Council providing for sick leave or vacations.
All officers may retire and receive benefits after 25 years of service and at least 55 years of age. All officers shall be entitled to be retired and eligible for a pension upon the recommendation of the Police Pension Fund Committee or upon application by the officer to the said Committee for retirement, and said Committee, in either case, shall order and direct said officer to be paid out of said Police Pension Fund the yearly pension, payable in monthly installments, equal to a sum not in excess of 50% of the average salary which he received for the 60 months immediately preceding his retirement, provided further that any federal social security payments due any officer covered by the Police Pension Fund shall not be computed in determining the amount to be paid said officer out of the Police Pension Fund.
In the event of an officer's death after retirement, a widow shall receive 50% of the officer's pension until such time as she remarries or dies; and if there are children under 18 years of age at the time of her death or remarriage, such children may receive the same pension as the unmarried widow would have been entitled to receive, but the right of the child shall only continue until he or she reaches 18 years of age.
Any policeman aggrieved by any ruling or action of Council regarding the fund and his relation thereto shall have the right to a hearing before Council, to be held within 10 days of his written request therefor, at which he may attend in person, be represented by counsel and may further require the attendance of any witnesses on his behalf by subpoena to be issued by the Borough Council on his written request. Minutes and records shall be kept of testimony and facts produced, and Council may thereupon make such order and ruling in the matter as may seem just and lawful.
Editor's Note: Original Section 12, which immediately preceded this section and which authorized the discontinuance of benefits for cause, was repealed 5-14-1975 by Ord. No. 258.
No payments under this article may be assigned or attached in any manner or for any purpose, reason or cause or under any circumstances.
The provisions of this article, insofar as they are the same as the statutory provisions, shall be subject to change or repeal in order to comply with any future statutory provisions, and the provisions of this article may be amended or repealed if statutory authority be granted therefor or statutory restrictions or mandates are eliminated and discretion vested in the Borough authorities.
The policeman applying for membership in the fund agrees to be bound by the provisions of this article and by any future laws or ordinances pertinent to the subject matter of this article.
[Adopted 2-10-1987 by Ord. No. 315 (Ch. 27, Art. II, of the 1975 Code)]
The Borough of Danville hereby elects to enroll their police officers in the Pennsylvania Municipal Retirement System, established by the Pennsylvania Municipal Retirement Law, Act 15 of 1974, as amended, for the express purpose of having the Pennsylvania Municipal Retirement System administer the pension plan established by the Borough for the police officers of the Borough. The Borough of Danville does hereby agree to be bound by all the requirements and provisions of the Pennsylvania Municipal Retirement Law, and the amendments thereto, and to assume all obligations, financial and otherwise, placed upon member municipalities. All references hereafter shall be based on benefits negotiated between the Board and the municipality under the provisions of Article IV.
Membership in the Pennsylvania Municipal Retirement System shall be mandatory for all police officers holding a full-time position with the Police Department.
Credit for prior service toward the annuity of each original member shall be for all years of service to the Borough of Danville. The Borough does hereby assume the liability for any unfunded liability created by the crediting of said prior service that is not met upon the transfer of accumulated assets, both municipal and member, upon enrollment in the system.
Payment for the obligation as set forth in this article and the agreement between the Board and the Borough of Danville shall be made by the Borough in accordance with said Pennsylvania Municipal Retirement Law and Act 205 of 1984, the Municipal Pension Plan Funding Standard and Recovery Act.
Editor's Note: See 53 P.S. § 895.101 et seq.
As part of this article, the Borough of Danville agrees to the outline of benefits set forth in the agreement between the Board and the Borough of Danville, dated February 10, 1986. The passage and adoption of this article by the Council of the Borough of Danville is an official acceptance of said benefit structure and the financial obligations in the administration of said benefit package.
The Borough of Danville acknowledges that a referendum was conducted among the existing pension plan members for the purpose of obtaining the consent of the employees to transfer the administration of the Danville Borough Police Pension Plan to the Pennsylvania Municipal Retirement System in accordance with the above-referenced agreement and that at least 75% of the members concurred in the enrollment in the Pennsylvania Municipal Retirement System.
By adoption of this article, the Borough of Danville agrees to terminate, upon the effective date of membership in the Pennsylvania Municipal Retirement System, the previously maintained police pension program. The Borough elects, as provided in the agreement, for the existing retirees of the previous plan to also become members of the Pennsylvania Municipal Retirement System and to have their benefits also administered by the system. All assets and liability associated with the existing retirees and their beneficiaries are to be transferred to the Pennsylvania Municipal Retirement System.
A duly certified copy of this article and the accompanying agreement shall be filed with the Pennsylvania Municipal Retirement Board of the Commonwealth of Pennsylvania. Membership for the police officers of the Borough of Danville in the Pennsylvania Municipal Retirement System shall be effective the first day of January 1987.