[HISTORY: Adopted by the Borough Council of the Borough of Bellefonte as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 292 of the 1979 Codified Ordinances]
Editor's Note: Ordinance No. 1117, adopted 4-21-1997, adopted a new Police Pension Plan in and for the Borough. Ordinance No. 1149, adopted 2-7-2000; Ord. No. 1161, adopted 2-28-2002; Ord. No. 1174, adopted 12-16-2002; Ord. No. 1202, adopted 6-5-2006; and Ord. No. 080513-01, adopted 8-5-2013, amended such Plan. Copies of these ordinances and of the Plan may be obtained, at cost, from the Borough Secretary.
There is hereby established a Police Pension Fund, to be maintained and provided for as set forth in the Amendatory Act of Assembly of July 10, 1957, P.L. 676, as amended.
Editor's Note: See 53 P.S. § 767 et seq.
[Amended 12-15-1997 by Ord. No. 1127]
Upon the completion of service as a police officer of the Borough, after a total service of not less than an aggregate of 25 years in the Borough and on attainment of the age of 50 years, a police officer of the Borough shall be eligible for retirement and to participate in the Police Pension Fund, but subject to service, from time to time, as a Police Reserve, as provided for in the Act of Assembly referred to in § 97-1. The retirement age may be extended beyond 55 years, subject to the mutual agreement of the officer and the Borough.
[Amended 12-15-1997 by Ord. No. 1127]
The Police Pension Fund shall consist of the following:
In accordance with the separate pension agreement negotiated on December 19, 1996, prior to settlement of the arbitrated contract for 1997, the police officers, effective January 1, 1997, will contribute 3.9% of their gross wages on all pay as defined in § 97-6.
As per the agreement dated December 19, 1996, the Borough will pay into the Fund annually an amount of $11,200 toward lowering the retirement age to 50 years with 25 years of service.
Any money or property, real, personal or mixed, which the Borough may, by gift, grant, devise or bequest, receive for the benefit of the Fund.
Any and all contributions that may be lawfully made by the Borough to such Fund in accordance with the Act of Assembly referred to in § 97-1.
Receipts from investments of such Fund or any part thereof.
Any sum or sums paid to the Borough and inuring to the Fund from any official or department of the commonwealth under any present or future law pertinent thereto.
There shall be levied, if need be, to meet the actuarial requirements of the Police Pension Fund, a tax from time to time to meet the Borough appropriations, but at no time exceeding 1/2 mill, which tax shall be kept in a separate fund and used only for the purposes herein specified in accordance with the Amendatory Act of Assembly of July 10, 1947, P.L. 1621, § 41, as amended.
The Police Pension Fund shall be managed by three trustees, who shall be the Mayor, the President of Council and the Borough Manager. The duties of the trustees shall be to receive and disburse all sums of money applicable to the purposes herein set forth and in accordance with the requirements and restrictions of the Act of Assembly referred to in § 97-1, two of such trustees to constitute a majority to carry out any necessary transactions.
[Amended 12-15-1997 by Ord. No. 1127; 11-18-2002 by Ord. No. 1169]
The Police Pension Fund shall meet all actuarial requirements for the purpose of paying pensions to police officers fulfilling the requirements hereof, which monthly pension benefits shall be 1/2 the monthly average salary (as defined and set forth in Paylock vs. the Borough of West Mifflin, No. 81 W.D., Appeal Docket, 1989) of each such police officer during the last 36 months of employment, but computed and paid for from such Fund and the sources of such Fund. However, compensation for other benefits not associated with hours worked will not be included in the pension calculation, nor will a pension deduction be made from these other payments. These other pay benefits that are excluded from the pension calculation are: retirement bonuses; sell-back of sick leave; uniform maintenance fees; and any other sell-back of benefits at retirement or termination that are not associated with actual hours worked.
[Amended 12-9-1985 by Ord. No. 941]
Upon termination of employment by a police officer prior to retirement, any contribution made by him shall be returned to him with interest. The interest rate to be paid on such contribution shall be established from time to time by the trustees of the Police Pension Fund.
The Borough Manager is hereby authorized to execute all forms and documents required to establish the contracts and obligations necessary to fulfill the required benefits under the law and this article and to advise the trustees of the payment of premiums and deposits as they may become due and payable from such Police Pension Fund.
The Borough shall be the sole owner of all contracts and/or deposits referred to in this article except such values as may be vested in police officers by act of assembly in accordance with the laws relating to the use of certain funds secured by the Borough from the commonwealth for welfare benefit purposes.
[Amended 3-16-1992 by Ord. No. 1061]
Any police officer who, after having completed 12 years of total service, for any reason leaves the employment of the Borough prior to retirement age and service requirements shall be entitled to vest his or her retirement benefits by filing with the Borough, within 90 days, a written notice of his or her intention to vest.
[Amended 3-16-1992 by Ord. No. 1061]
Widows' and orphans' benefits are hereby made available under the terms of the Police Pension Fund, all in accordance with the agreement of November 17, 1986, between the Bellefonte Borough police officers and Council. Widows and/or orphans qualifying for pensions of deceased officers must meet the criteria outlined in the agreement of November 17, 1986. Pension benefits will be paid in accordance with that agreement to qualifying widows and/or orphans.
[Adopted 4-6-2009 by Ord. No. 040609-01]
Bellefonte Borough ("the Borough"), being a member municipality of the Pennsylvania Municipal Retirement System ("the System"), hereby elects to change its member benefits in that system as authorized by the Pennsylvania Municipal Retirement Law, as amended, and does hereby agree to be bound by all the requirements and provisions of said article and the law, as the case may be, and to assume all obligations, financial and otherwise, placed upon member municipalities by said amendment, as the case may be. All references hereafter shall be based on benefits negotiated between the Pennsylvania Municipal Retirement Board ("the Board") and the Borough under the provisions of Article IV of the Pennsylvania Municipal Retirement Law.
Editor's Note: See 53 P.S. § 881.101 et seq.
Membership in the System shall be mandatory for all full-time municipal employees of the Borough. Membership for part-time employees is optional. The election by part-time employees to join the System must be made within one year after the employee first enters the service of the Borough. Membership for elected officials, employees hired on a temporary or seasonal basis, and individuals paid only on a fee basis is prohibited. Individual membership shall be effective as of the date the Borough entered into the System or the date of hire, whichever is more recent.
Credit for prior service for original members is granted for each year or partial year thereof that the member was employed by the Borough from original date of hire. Benefits provided to members in the Agreement dated April 6, 2009 ("the Agreement") shall accrue based on all credited service granted and earned in accordance with this section.
Payment for any obligation established by the adoption of this article and the Agreement between the Board and the Borough shall be made by the Borough in accordance with the 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 agrees that the System shall provide the benefits set forth in the Agreement. The passage and adoption of this article by the Borough is an official acceptance of said Agreement and the financial obligations resulting from the administration of said benefit package. The Borough hereby assumes all liability for any unfundedness created or which may be created due to the acceptance of the benefit structure outlined in the above-referenced Agreement.
The Borough intends this article to be the complete authorization of the Borough's municipal pension plan and it shall become effective and specifically repeal Ordinance No. 1137 either immediately or on January 1, 2009, which is the effective date of the Agreement, whichever is later.
A duly certified copy of this article and the referenced Agreement shall be filed with the Pennsylvania Municipal Retirement System of the Commonwealth of Pennsylvania. Membership for the municipal employees of the Borough in the Pennsylvania Municipal Retirement System shall be effective the first day of April 1964, with the revised plan structure reflected in the Agreement effective the first day of January 2009.