For the purposes of this article, the following definitions
shall apply:
ACCRUED BENEFIT
One-half of the participant's final average monthly compensation
multiplied by the ratio of years of service to the date of determination
over potential years of service to the date of retirement.
ACT 205
Act 205 of 1984, the Municipal Pension Plan Funding Standard
and Recovery Act.
AGE
Age at nearest birthday.
DISABILITY
A total and permanent disability which renders a participant
incapable of performing all normal police duties permanently. In determining
total and permanent "disability," the opinion of a physician selected
by the Borough shall be controlling. The condition of permanence shall
require a six-month waiting period, during the entire length of which
the participant shall be totally and permanently disabled. Benefits
shall commence on the first day of the month following the six-month
waiting period and the determination of total and permanent "disability"
by the selected physician.
EFFECTIVE DATE
The original effective date of the plan is October 14, 1958.
EMPLOYER
The Borough of Boyertown, Berks County, Commonwealth of Pennsylvania.
FINAL AVERAGE MONTHLY COMPENSATION
Total monthly compensation during the last 36 months of employment
as a full-time police officer of the Borough of Boyertown including
longevity pay and night differential pay, and also including court
pay, holiday pay, overtime pay and any other remuneration, but excluding
accumulated unused sick leave payable as a lump sum.
[Amended 12-30-1998 by Ord. No. 3-98; 6-3-2002 by Ord. No. 5-02]
FUND
The Borough of Boyertown Police Pension Plan Trust Fund.
PARTICIPANT
Any police officer who meets the requirements set forth in §
33-4 of this article. The masculine will include the feminine.
PLAN
The Borough of Boyertown Police Pension Plan.
SERVICE
Continuous employment with the employer. All military service
shall be credited if a police officer has been employed for at least
six months before entering the military service, provided that the
officer returns to the police force within six months after the officer's
discharge.
This plan is to be funded and maintained by any of the following
methods, or a combination of each:
A. Contributions by participants. All participants shall make contributions
which shall be 5% of their total compensation but no more than 8%
of their total compensation. Borough Council may, on an annual basis,
by ordinance or resolution, reduce or eliminate contributions into
the plan by participants. The Borough may, but need not, have an actuarial
study performed prior to reducing or eliminating participants' contributions
into the plan.
[Amended 12-29-2003 by Ord. No. 07-03]
B. State aid. Funds which are received from the Commonwealth of Pennsylvania
pursuant to Act 205, which are directed to this plan as approved by
the Borough Council, may be used.
C. Borough contributions. Contributions from the Borough of Boyertown,
as necessary, with appropriate approval by the Borough Council, may
be used.
D. Gifts, grants, devises or bequests. The sums which may be received
by the Borough of Boyertown in the form of gifts, grants, devises
or bequests may, to the extent authorized by law, be contributed to
said fund with the approval of the Borough Council.
E. Any other sums received or contributed to the Borough, to the extent
authorized by law and with prior approval of the Borough Council,
may be used.
Each police officer of the Borough of Boyertown will be eligible
to participate upon becoming a full-time police officer.
[Amended 10-2-1995 by Ord. No. 13-95; 12-29-2003 by Ord. No. 07-03]
Every participant who shall receive an honorable discharge from
the police force of the Borough of Boyertown by reason of his or her
service-related disability shall, upon such discharge (following the
required six-month waiting period), be paid out of the plan a monthly
pension which shall be calculated at a rate of 50% of the participant's
salary at the time the disability was incurred; provided, however
that any participant who receives benefits for the same injuries under
the Social Security Act, 49 Stat. 620, 42 U.S.C. § 301 et
seq., shall have his or her disability benefits received under this
section offset or reduced by the amount of such Social Security Act
benefits.
[Amended 4-5-1993 by Ord.
No. 1-93; 12-29-2003 by Ord. No. 07-03; 12-3-2012 by Ord. No. 08-2012]
In the event of the death of a participant or a participant
who retires or is honorably discharged on pension, the surviving spouse,
or if no spouse survives or if he or she survives and subsequently
dies, then the child(ren) under the age of 18 or, if then attending
college, under or reaching the age of 23, shall, during his or her
lifetime in the case of a surviving spouse, or, in the case of a child(ren),
until reaching the age of 18 or, if then attending college, under
or reaching the age of 23, be entitled to receive a pension calculated
at 50% of the pension the participant was receiving or would have
been receiving had he or she been retired or honorably discharged
on pension at the time of his or her death. For the purposes of this
section, the phrase "attending college" shall mean the eligible child(ren)
is registered at an accredited institution of higher learning and
is carrying a minimum course load of seven credit hours per semester.
The pension payments herein provided for shall not be subject
to attachment, execution, levy, garnishment or other legal process
and shall be payable only to the participant or his or her designated
beneficiary. No participant or his or her beneficiary shall have any
right to alienate, encumber or assign any assets of the fund held
by the Police Pension Fund Committee on his or her behalf or any of
the benefits or payments or proceeds of any contract or agreement
purchased or acquired by the Borough hereunder.
This chapter shall become effective on the date of enactment as provided by law, except that §§
33-5 and
33-7 shall be considered to have been effective as of January 1, 1987.