[Adopted 6-12-1995 by Ord. No. 8-1994 (Ch. 1, Part 5B, of
the 1989 Code); amended in its entirety 1-4-2016 by Ord. No. 2-2016]
The following words and phrases as used in this article shall
have the meaning set forth in this section, unless a different meaning
is otherwise clearly required by the context:
ACCRUED BENEFIT
As of any given date, the benefit determined under §
46-4B, calculated on the basis of final monthly average salary as of the date of determination and multiplied by a fraction, the numerator of which shall be the participant's aggregate service determined as of such date and the denominator of which shall be the projected aggregate service of the participant as if the participant continues in employment until attainment of normal retirement age. Notwithstanding anything contained herein to the contrary, in no event shall the fraction exceed one. In no event, however, shall the accrued benefit exceed the maximum limitation, determined as of the date of computation, provided under §
46-4F. All accrued benefits are subject to all applicable limitations, reductions, offsets, and actuarial adjustments provided pursuant to the terms of the plan prior to the actual payment thereof.
ACCUMULATED CONTRIBUTIONS
The total amount contributed by any participant to this fund or its predecessor by way of payroll deduction or otherwise, plus interest credited at a rate equal to 4% per annum. Interest shall be credited in the form of a simple interest rate from the midpoint of the plan year during which the contributions were paid to the first day of the month preceding the date that a distribution of accumulated contributions under §§
46-6C and
46-7B shall be paid or payment of benefits shall commence.
ACT
The Municipal Pension Plan Funding Standard and Recovery
Act which was enacted as Act 205 of 1984, as amended, 53 P.S. § 895.101
et seq.
ACTUARIAL EQUIVALENT
Two forms of payment of equal actuarial present value on
a specified date. The actuarial present value shall be determined
by use of the 1983 Group Annuity Mortality Table and 7% interest unless
otherwise specifically provided herein.
ACTUARY
The person, partnership, association or corporation which
at any given time is serving as actuary; provided that such actuary
must be an "approved actuary" as defined in the Act.
AGGREGATE SERVICE
The total period or periods of the participant's employment
with the employer whether or not interrupted and shall be computed
in terms of completed years. Notwithstanding the preceding sentence,
should any such participant receive a distribution of accumulated
contributions which are otherwise required to be maintained in the
plan with respect to a period of employment, such period of employment
shall not be included in aggregate service thereafter unless, at the
commencement of the next period of employment, the participant repays
to the fund the amount of such distribution with interest. For purposes
of this section, interest shall accrue as of the date the employee
receives a distribution of accumulated contributions and shall be
computed at the same rate and in the same manner as described in the
definition of "accumulated contributions."
ATTENDING COLLEGE
The eligible children are registered at an accredited institution
of higher learning and are carrying a minimum course load of seven
credit hours per semester.
BENEFICIARY
The person or entity designated by the participant to receive
a distribution of the participant's accumulated contributions
should the participant die prior to becoming entitled to a retirement
benefit. In the event that a participant does not designate a beneficiary
or the beneficiary does not survive the participant, the beneficiary
shall be the surviving spouse, or if there is no surviving spouse,
the issue, per stirpes, or if there is no surviving issue, the estate;
but if no personal representative has been appointed, to those persons
who would be entitled to the estate under the intestacy laws of the
Commonwealth of Pennsylvania if the participant had died intestate
and a resident of Pennsylvania.
BOARD
The Board of Commissioners of the Township of Robinson, Allegheny
County, Pennsylvania.
CHIEF ADMINISTRATIVE OFFICER
The person designated by the employer who has the primary
responsibility for the execution of the administrative affairs for
the plan.
CODE
The Internal Revenue Code of 1986, as amended.
COMMITTEE
The Police Pension Review Committee as determined pursuant to §
46-8B.
COMPENSATION
The total remuneration of the employee, whether salary or
hourly wages, including overtime pay, holiday pay, longevity pay,
night differential pay, payments for accumulated unused sick leave,
and any other form of compensation paid by the employer for police
services rendered. Compensation shall be limited on an annual basis
to the amount specified for government plans pursuant to Code § 401(a)(17),
as adjusted under Code § 415(d).
DISABILITY DATE
The date when a participant is determined by the plan administrator
to be incapacitated due to total and permanent disability, or the
date when the participant's employment terminates due to such
total and permanent disability, if later.
EMPLOYEE
Any individual employed by the employer on a regular, full-time
basis as a police officer of the employer's police force.
EMPLOYER
The Township of Robinson, Allegheny County, Pennsylvania.
EMPLOYMENT
For the purpose of determining aggregate service:
A.
The period of time for which an employee is directly or indirectly
compensated or entitled to compensation by the employer for the performance
of duties as a police officer;
B.
Any period of time for which an employee is paid, either directly
by the employer or through a program to which the employer has made
contributions on behalf of the employee, a fixed, periodic amount
in the nature of salary continuation payments for reasons other than
the performance of duties (such as vacation, holidays, sickness, entitlement
to benefits under workers' compensation or similar laws);
C.
Any period during which an employee is entitled to disability
benefits under this article, provided that the employee returns to
employment within three months of the date on which it is determined
that the employee is no longer totally and permanently disabled if
such determination occurs prior to the date a participant attains
normal retirement age;
D.
Any period of voluntary or involuntary military service with
the armed forces of the United States of America, provided that the
participant has been employed as a regular, full-time member of the
employer's police force for a period of at least six months immediately
prior to the period of military service; and the participant returns
to employment within six months following discharge from military
service or within such longer period during which employment rights
are guaranteed by applicable law or under the terms of a collective
bargaining agreement with the employer;
E.
Any period of qualified military service as determined under
the requirements of Chapter 43 of Title 38, United States Code, provided
that the participant returns to employment following such period of
qualified military service, and the participant makes payment to the
plan in an amount equal to the participant contributions that would
otherwise have been paid to the plan during such period of qualified
military service. The amount of participant contributions shall be
based upon an estimate of the compensation that would have been paid
to the participant during such period of qualified military service
as determined by the average compensation paid to the participant
during the 12 months immediately preceding the period of qualified
military service. The amount of participant contributions so calculated
must be paid into the plan before the end of the period that begins
on the date of reemployment and ends on the earlier of the date that
ends the period that has a duration of three times the period of qualified
military service, or the date that is five years after the date of
reemployment; and
F.
Any period of voluntary or involuntary military service with
the armed forces of the United States of America not to exceed a total
of five years which occurred prior to the date on which a participant
first became employed as an employee of the employer; provided that
the participant shall purchase such credit and that such participant
is not entitled to receive, eligible to receive or is receiving retirement
benefits for such military service under a retirement system administered
and wholly or partially paid for by any other governmental agency
except military retirement pay earned by a combination of active and
non-active duty with a reserve or national guard component of the
armed forces which is payable upon the attainment of a specified age
and period of service under 10 U.S.C. Ch. 67 (relating to retired
pay for nonregular service). The purchase price for such service shall
be computed by multiplying the average normal cost rate for the plan
as certified by the Public Employee Retirement Commission and not
to exceed 10% times the participant's average annual rate of
compensation during the first three years of employment as an employee
of the employer and multiplying the result times the number of years
and fractions thereof being purchased. Interest shall be paid at a
rate of 4.75% compounded annually from the first date of employment
as an employee of the employer to the date of payment.
FINAL MONTHLY AVERAGE SALARY
The average monthly salary earned by the participant and
paid by the employer during the final 36 months immediately preceding
termination of active employment. "Salary" shall include the employee's
regular salary and other forms of compensation which are fixed amounts
paid at periodic intervals such as longevity pay, holiday pay, and
night differential pay, and shall also include irregular forms of
compensation such as overtime pay and court pay.
A.
Final monthly average salary shall be calculated by taking into
account only those periods during which an employee receives salary,
as that term is defined in this section. Therefore, for example, the
final monthly average salary for a participant who receives disability
benefits from this article or who is voluntarily or involuntarily
serving in the United States armed forces during the final 36 months
of aggregate service shall be based on the period during which the
employee last received salary (as defined in the preceding paragraph)
from the employer.
B.
Salary used to determine final monthly average salary shall
be limited on an annual basis to the amount specified for government
plans in accordance with Code § 401(a)(17), as adjusted
under Code § 415(d).
NORMAL RETIREMENT AGE
The date on which the participant has completed 25 years
of aggregate service with the employer and has attained age 50.
NOTICE or ELECTION
A written document prepared in the form specified by the
plan administrator and delivered as follows: If such notice or election
is to be provided by the employer or the plan administrator, it shall
be mailed in a properly addressed envelope, postage prepaid, to the
last known address of the person entitled thereto, on or before the
last day of the specified notice or election period; or, if such notice
or election is to be provided to the employer or the plan administrator,
it must be received by the recipient on or before the last day of
the specified notice or election period.
PARTICIPANT
An employee who has met the eligibility requirements to participate in the plan as provided in §
46-2A and who has not for any reason ceased to be a participant hereunder.
PENSION FUND or FUND
The police pension fund administered under the terms of this
article and which shall include all money, property, investments,
policies and contracts standing in the name of the plan.
PLAN
The plan set forth herein, as amended from time to time and
designated as the "Township of Robinson Police Pension Plan."
PLAN ADMINISTRATOR
The committee or the individual appointed for the purpose
of supervising and administering the provisions of the plan. In the
event that no such appointment is made, the plan administrator shall
be the Board.
PLAN YEAR
The twelve-month period beginning on January 1 and ending
on December 31 of each year.
POLICY or CONTRACT
A retirement annuity or retirement income endowment policy
(or a combination of both) or any other form of insurance contract
or policy which shall be deemed appropriate in accordance with the
provisions of applicable law.
RESTATEMENT DATE
January 1, 2015, the date upon which this amendment and restatement
of the plan becomes effective.
RETIREMENT DATE
The actual date on which the participant retires from employment.
TOTAL AND PERMANENT DISABILITY
A condition of physical or mental impairment due to which
a participant is unable to perform the usual and customary duties
of employment, which condition was not caused in the line of duty
and which condition is reasonably expected to be permanent.