The Board will establish an advanced payments account in the system for the City to make payments in excess or in advance of those due pursuant to §
2-709.45. Funds in the advanced payments account may be used by the City to satisfy any obligations it owes to the system up to the amount in the account. Advanced payments, once made, must be used to satisfy obligations of the City to the system. Upon the enrollment of former Plan B members and former Plan A members in the system, the City may place the assets of Plan B and Plan A (including member contributions made to Plan B and Plan A) in the advanced payment account. If the City wishes to so place Plan B and Plan A member contributions in the advanced payments account, it will be liable for fully funding member contributions accounts in the system pursuant to §
2-709.45. Payments, once earmarked and credited to a member's account in the system, may be used only to fund benefits due to that member.
Except for the accounts of vestees or when a member transfers
his or her membership due to portability, no interest or excess interest
shall be credited to a member's account after termination of
employment with the City that entitles him or her to membership in
the system under this chapter.
[Amended 4-27-2016 by Ord. No. 3-2016]
A. Members shall receive no service credits for employment with the
City prior to September 1, 1984, except as provided in the sections
of this chapter pertaining to portability, return to service and purchase
of prior service or military service credit.
B. Former Plan A members and Plan B members shall be credited with the
service and accumulated deductions to which they are properly entitled
under the terms of Plan A and Plan B as of the date of their enrolment
in the system, subject to the terms of this chapter.
For the purposes of the sections in this chapter requiring filing
of documents by the member with the Board, the date of filing will
be deemed to be the date postmarked if deposited and mailed by first-class
service or better by the United States Postal Service. If delivered
by any other means to the Board, the date filed shall be the date
received in the offices of the Board. A written or oral application
or communication made by a member to the City shall not be deemed
filed with the Board until it has been received in the office of the
Board.
A member eligible to receive a superannuation retirement allowance,
an early retirement allowance or a disability retirement allowance
shall file with the Board a written statement, duly attested, setting
forth on what date he or she desires to be retired. Said application
shall make the retirement allowance effective on the date so specified,
if such application was filed in the office of the Board before the
date specified in the application and before the death of the member,
but the date so specified in the application shall not be more than
90 days after the date of the filing. A member who files an annuity
application 90 days or less after terminating service shall have an
effective retirement date of the date service was terminated. When
a member files an annuity application more than 90 days after terminating
service, the effective retirement date shall be when the application
was filed.
Upon the enrollment of the former Plan A members and former
Plan B members, the City will certify to the Board their names, addresses,
social security numbers, sexes, birth dates, dates of enrollment,
service credits received, member contributions made, rates of contribution,
and any debts owed to Plan A or Plan B.
The retirement allowance and the contributions of members to
the fund and all contributions and interest, including excess interest,
returned to the members under this chapter shall not be subject to
attachment or execution and shall not be the subject of assignment
or transfer except to a duly designated beneficiary.
The Board retains the right to correct any errors in collection
of contributions or payment of benefits, and awarding of service credit
or amount credited to the accumulated deduction accounts, excess interest
accounts or other accounts, whether caused by mistakes of fact or
law, regardless of the fault or lack thereof of the members, the City
or Board, whether the errors were made under this chapter or Plan
A or Plan B prior to enrollment in the system.
Matters of procedure and substance not covered in this agreement
shall be as set forth in Act 15 of 1974, as it shall from time to
time be amended. In all cases of conflict, Act 15 of 1974, as it may be
amended, and the regulations promulgated thereunder shall control
over the terms of this chapter. All references to the Pennsylvania
Municipal Retirement Law incorporate the regulations promulgated thereunder
and any amendments enacted subsequent to the execution of this chapter.