A municipal non-police employee pension fund, for the benefit
of all full-time employees of the Township, except police officers
and persons compensated on a fee basis, as constituted on January
1, 1969, shall continue to be maintained. All part-time employees
of the Township who work less than 30 hours per week are expressly
excluded from membership in the fund and are to be completely eliminated
from coverages.
The operation and management of the fund shall be conducted
by the Fund Commissioners, to be composed of the Chairman, Vice Chairman,
and Secretary of the Board of Township Commissioners. The term of
any such officer or Committee Chairman, as a member of the Fund Committee,
shall be coincident with such officer's or Committee Chairman's term
of office. Notwithstanding the foregoing, each member of the Fund
Commissioners shall continue to serve until his successor is appointed,
or elected, and qualified as a member of the Committee. The Fund Commissioners
shall serve as plan trustees.
It is hereby determined that the pensions required hereunder
shall hereafter be provided under the terms of a group annuity contract
entered into by and between the Fund Commissioners and Aetna Life
Insurance Company, a legal reserve life insurance company, duly authorized
to do business in the Commonwealth of Pennsylvania. By reason of this
section, the municipal non-police employee Fund Commissioners shall
be and are hereby authorized and directed to apply such principal
or income in the fund as may be required to maintain the plan on a
currently funded basis. The Commissioners shall look to the plan actuary
in matters pertaining to the proper funding of the plan as constituted
by this article. It shall be the duty of the Commissioners:
A. To hold all monies, property and other assets received by the fund
in trust exclusively for the purposes set forth in this article. The
Commissioners may, however, invest any excess funds in their hands
at any time in securities guaranteed by the United States of America,
or other legal investments as defined and authorized by the Fiduciaries
Investment Act of the Commonwealth of Pennsylvania; and
B. To establish a separate plan document entitled the "Manheim Township
Municipal Non-Police Employees' Pension Plan," setting forth in detail
the pension plan provisions which will be used to implement this document.
C. To do everything necessary to ensure the proper completion and submission
of Form 5005A to the Department of Community and Economic Development,
as required by the Act of December 6, 1972, P.L. 1383, No. 293.
D. To do everything necessary to ensure that the plan would be qualifiable
under Section 401(a) of the Internal Revenue Code; however, nothing
herein contained shall be construed to be an irrevocable election
to have the terms of the Employment Retirement Income Security Act
of 1974 apply to the operation of this plan.
The proper officers of the Township, i.e., the Chairman of the
Board of the Board of Commissioners, or, in his absence, the Vice
Chairman, are herewith authorized and directed to sign and execute
all papers for the continuation of the plan, to be attested by the
Manager-Secretary, and the Seal of the Township impressed thereon.
The Manager-Secretary is hereby authorized and directed to sign all
papers to continuously implement the proper function of the plan.