The terms used in this chapter shall have the following meanings
unless the context clearly indicates otherwise:
ACCUMULATED DEDUCTIONS
The total amount contributed by a member through deductions
from compensation paid or through pickup contributions and paid over
by the City or paid by the member or from any existing pension or
retirement system or plan directly into the system and credited to
the member's account, together with regular interest thereon.
[Amended 4-27-2016 by Ord. No. 3-2016]
CREDITED SERVICE
Each day of active membership. Benefits, unless otherwise
stated, shall be based on years, months and days of service, expressed
as whole years and fractions thereof.
DESIGNATED BENEFICIARY
The person or persons last designated in writing by the member
and filed with the Board to receive benefits after the death of the
member. If the designated beneficiary predeceases the member, or no
beneficiary was designated, then the member's estate will be
deemed the designated beneficiary.
ENROLLMENT CONTRACT or AGREEMENT
The agreement negotiated between the Pennsylvania Municipal
Retirement Board and the City under the provisions of Article IV of
the Pennsylvania Municipal Retirement Law, as amended.
EXCESS INTEREST ACCOUNT
The account to which any excess investment earnings allocated
by the Board and the City to a member are credited, plus regular interest
credited on that amount by the Board.
EXCESS INVESTMENT EARNINGS
The investment earnings on the fund in excess of that required
for allocation to regular interest and expenses, calculated according
to the formula established by the Board.
FORMER PLAN A MEMBER
A.
A firefighter who is a member of Plan A on the date the members
of Plan A are enrolled in the system; or
B.
A municipal firefighter hired after the date the members of
Plan A are enrolled in the system who has service under Plan A and
who elects to purchase credit for that service.
FORMER PLAN B MEMBER
A.
A firefighter who is a member of Plan B on the date the members
of Plan B are enrolled in the system; or
B.
A municipal firefighter hired after the date the members of
Plan B are enrolled in the system who has service under Plan B and
who elects to purchase credit for that service.
MEMBER
A firefighter hired on or after September 1, 1984, who is
not a former Plan A member or a former Plan B member, or a firefighter
hired prior to September 1, 1984, who is not enrolled in Plan A or
Plan B and retires prior to April 22, 2014, under the benefit design
established by the City's enrollment contract with an effective
date of September 1, 1984.
[Amended 4-27-2016 by Ord. No. 3-2016]
MUNICIPAL FIREFIGHTER
A person holding a full-time position in the Fire Bureau
of the City who works for a stated salary or compensation.
PICKUP CONTRIBUTIONS
Member contributions which are made by the City on behalf
of City employees for current service. Such contributions shall be
made according to the Act of August 16, 1954, 68A Stat. 5, known as
the "Internal Revenue Code of 1954," as amended, for federal income
tax purposes. For all other purposes, pickup contributions shall be
treated as contributions made by a member in the same manner and to
the same extent as if they were not being picked up.
[Amended 4-27-2016 by Ord. No. 3-2016]
PLAN A
The pension plan established for the firefighters of the
City by Ordinance 171-1974 and closed to additional members by Ordinance
17-1977, including all written or oral amendments establishing or
modifying pension benefits or liabilities made by any means whatsoever,
such as ordinance, regulation, resolution, decision, or decree of
City Council, the office of the Mayor or the Firemen's Pension
Board, collective bargaining agreements, and custom, habit and practice.
[Amended 4-27-2016 by Ord. No. 3-2016]
PLAN B
The pension plan established for the firefighters of the
City by Ordinance 17-1977, which amended Plan A so as to provide for
a new benefit structure for employees hired after August 15, 1977,
including all written and oral amendments thereto establishing or
modifying pension benefits or liabilities made by any means whatsoever,
such as ordinance, regulation, resolution, decision, or decree of
City Council, the office of the Mayor or the Firemen's Pension
Board, collective bargaining agreements, and custom, habit and practice.
SURVIVOR ANNUITANT
The person named by a member in writing filed with the Board
under a joint and survivor annuity option to receive an annuity upon
the death of such member.
VESTEE
A former Plan B member or a member with 10 or more years
of credited service, or a former Plan A member with 20 or more years
of credited service, prior to obtaining superannuation retirement
age, who terminates employment with the City and does not withdraw
his or her accumulated deductions or apply for or receive a benefit
under this agreement.
[Amended 4-27-2016 by Ord. No. 3-2016]
The City hereby elects to join the Pennsylvania Municipal Retirement
System, established by the Pennsylvania Municipal Retirement Law,
Act 15 of 1974, as amended. The City hereby agrees to be bound by all the requirements
and provisions of the Pennsylvania Municipal Retirement Board and
the terms and conditions of the enrollment contract. The enrollment
contract is hereby accepted and ratified by the City as setting forth
the benefits and obligations of the firefighters, the City and the
Pennsylvania Municipal Retirement Board under the pension plans hereby
elected by the City. The City hereby assumes all obligations, financial
and otherwise, placed upon member municipalities by the Pennsylvania
Municipal Retirement Law and regulations promulgated thereunder and
the amendments thereto and the terms of the enrollment contract.
Plan B (fire) is hereby repealed.
All firefighters of the City who are enrolled in Plan B are
hereby enrolled in the Pennsylvania Municipal Retirement System, with
the obligations and benefits set forth in the enrollment contract
and the Pennsylvania Municipal Retirement Law and the regulations
promulgated thereunder and the amendments thereto.
Pursuant to the terms and conditions of the enrollment contract,
the City hereby transfers all assets of Plan B, including contributions
made by the members, to the Pennsylvania Municipal Retirement System,
to be placed in the advanced payment account established by the Pennsylvania
Municipal Retirement Board. Such transfer shall be effective September
1, 1984.
The City hereby transfers the administration of all benefits
of all members and beneficiaries of Plan A receiving benefits as of
August 31, 1984, to the Pennsylvania Municipal Retirement Board, pursuant
to the terms and conditions of the enrollment contract. The City hereby
transfers all of the assets set aside as an actuarial reserve of these
members into the advanced payment account established pursuant to
the enrollment contract. Such pensioners and beneficiaries shall not
be considered members of the Pennsylvania Municipal Retirement System.
On January 1, 1987, all firefighters of the City of Harrisburg
who are enrolled in Plan A hereby shall be enrolled in the Pennsylvania
Municipal Retirement System, with the obligations and benefits set
forth in the enrollment contract and the Pennsylvania Municipal Retirement
Law and regulations promulgated thereunder and the amendments thereto.
Pursuant to the enrollment contract, the City hereby transfers
all assets of Plan A as of January 1, 1987, to the Pennsylvania Retirement
System, to be placed in the advanced payment account established by
the Pennsylvania Municipal Retirement Board.
Pursuant to the enrollment contract, the City hereby transfers
as of January 1, 1987, the administration of benefits of all members
of Plan A or their beneficiaries who first began receiving payment
between September 1, 1984, and December 31, 1986, inclusive, and all
vested members of Plan A who have terminated employment with the City
without receiving benefits to the Pennsylvania Municipal Retirement
Board. The City shall also transfer all of the assets set aside as
an actuarial reserve of these annuitants, beneficiaries and vested
members into the advanced payment account established pursuant to
the enrollment contract. Such annuitants, vestees and beneficiaries
shall not be enrolled in the Pennsylvania Municipal Retirement System.
The City guarantees payment of all benefits which may be payable
under this chapter, the enrollment contract, Plan A, or Plan B.
A duly certified copy of this chapter shall be filed with the
Pennsylvania Municipal Retirement Board of the Commonwealth of Pennsylvania.
This chapter electing membership for the City in the Pennsylvania
Municipal Retirement System shall be effective the first day of September
1984.
[Amended 4-27-2016 by Ord. No. 3-2016]
A. This chapter shall cover all employees and all annuitants and beneficiaries
receiving benefits from Plan A on August 31, 1984. Current annuitants
and beneficiaries of Plan A shall have their existing benefits administered
by the Board according to this chapter. They shall be deemed to be
enrolled in the system. The probationary status of any new municipal
firefighter otherwise covered by this agreement shall not affect that
firefighter's eligibility for membership in the system.
B. Upon the affirmative vote of 75% of all firefighters who are members of Plan B, all members of Plan B will be enrolled in the system and covered by the terms of this chapter. After their enrollment, they will have the benefits and obligations set forth in §§
2-709.12 through
2-709.28 and
2-709.45 through
2-709.56 of this chapter.
C. Upon the affirmative vote of 75% of the vestees and members of Plan A, but not before January 1, 1987, all former Plan A members will be enrolled in the system. Until the former Plan A members are enrolled in the system, they will continue to have their pension plan administered by the City. After enrollment, they will have the benefits set forth in §§
2-709.12,
2-709.13 and
2-709.29 through
2-709.56 of this chapter, unless otherwise agreed by the City and the Board.