As used in this article, the following terms shall have the
meanings indicated:
ACCRUED BENEFIT PERCENTAGE
A fraction, the numerator of which represents the participant's total cumulative calendar months of service earned to the date of determination, and the denominator of which represents the total possible calendar months of service he could earn from his date of hire to his normal retirement date. For purposes of the current definition only, service at any time during a calendar month shall constitute one whole month. In addition and notwithstanding the foregoing, a participant's accrued benefit percentage may never exceed the number one. The "accrued benefit" shall be (a x b) as such are defined in §
81-32B.
BENEFICIARY
The person specified by each participant on becoming a participant
by way of written notice which designates his beneficiary or beneficiaries
to the plan administrator. The participant's election of any such
beneficiary or beneficiaries may be rescinded or changed without the
consent of the beneficiary or beneficiaries at any time, provided
the participant provides the plan administrator with written notice
of the changed designation pursuant to any procedures as may be required
by the plan administrator.
CITY
The City of Warren, located in Warren County, Pennsylvania.
COMPENSATION
The amount of a participant's fixed monthly salary or fixed
wage paid, including longevity but excluding all back pay, overtime
and other compensation.
DEPENDENT CHILD
Any natural-born child, any legally-adopted child, any stepchild
or any foster child of a participant, which child is unmarried, has
not yet attained age 18 and, in the case of a foster child, resides
in such participant's household.
DISABLED or DISABILITY
A condition of permanent and total physical or mental impairment
which prevents a person from engaging in gainful activity as a fireman
of the City. A participant must submit satisfactory evidence and other
proof of such disability as required by the administrator.
ELIGIBLE EMPLOYEE
A regularly scheduled, full-time, permanent member of the
Fire Department who shall participate herein as of the date of his
appointment to such permanent position. Any fireman employed as a
temporary probationary, special, part-time, permanent part-time or
utility firefighter of the City shall not be considered an eligible
employee for purposes of this plan.
FINAL AVERAGE MONTHLY COMPENSATION
The greater of the compensation of a participant averaged
over the sixty-month period of service which produces the highest
average monthly compensation or the participant's rate of compensation
at the date that the participant terminates employment, except for
the purpose of computing the disability benefit, for which the final
60 months of service shall be utilized.
FORMER PARTICIPANT
A person who had become a participant but who subsequently
ceased to be an eligible employee on account of death or other termination
of employment with the City.
MEMBER(S)
Participant(s) and former participant(s) who are entitled
to current or future benefits from the plan.
NORMAL RETIREMENT DATE
Other than incurring a disability, shall mean the date on
which a participant attains age 55 or completes 20 years of service,
whichever is later.
PARTICIPANT
An eligible employee, effective as of the date on which such
employee first commences as an eligible employee with the City and
who has not for any reason ceased to be a participant hereunder.
PENSION FUND or FUND
The fire pension fund administered under the terms of this
plan and which shall include all money, property, investments, policies
and contracts standing in the name of the plan.
SERVICE
The number of full years of continuous service and fraction
thereof with the employer, as determined by the administrator, completed
by the employee from his first date of employment to the date of termination
of employment. Continuous service with the employer shall not be broken
in the event of:
A.
Absence with the consent of the administrator during any period
not in excess of one year, except that the administrator may consent
to extend the period of leave.
B.
Absence from work because of occupational injury or disease
incurred as a result of employment with the employer, for which absence
an employee shall be entitled to workers' compensation payments.
C.
Absence in the service of the armed forces of the United States,
provided the employee shall reenter the employ of the employer within
the statutory period during which his right of reemployment is guaranteed
after he has first become eligible for discharge or separation from
active duty. In interpreting this subsection, the administrator will
apply uniform rules in a like manner to all employees under similar
circumstances.
D.
An employee shall not receive any credit of service in the case
of any of the periods of absence set forth above but shall retain
credited service accrued prior to such absence. Upon return to employment
after an approved absence, the employee will again accrue credited
service.
E.
Failure to return to the employ of the employer by the end of any period specified in the definition above shall be considered a termination of employment. Any other absence shall also be considered a termination of employment. Any employee whose employment has been terminated shall, for the purpose of this plan, be deemed a new employee upon resumption of his employment unless he is vested in accordance with §
81-32E hereof.
YEAR OF SERVICE
Twelve calendar months of service, whether or not such months
are consecutive, where service at any time during a calendar month
constitutes one whole month.
[Amended 5-18-2015 by Ord. No. 1855]
A. Preretirement death benefits. Upon the death of a participant prior to his normal retirement date, a monthly benefit shall be payable to the participant's eligible spouse equal to one-half of the member's vested accrued benefit as of the date of his death. Such benefit shall be payable effective as of the first day of the month following the death of the participant, and each following month for the remaining life of the eligible spouse. Benefits shall not be payable under both this section and under Subsection
B. (See Subsection
C below.)
B. Survivor benefit. The eligible spouse of a member who retires on pension or dies while in the service shall be eligible to receive the same monthly benefit that the member was receiving or was eligible to receive at the date of his death, for the remainder of her life. If no eligible spouse survives the member, or if the eligible spouse subsequently dies, the benefit shall be payable to the child or children, if any, of the member until attaining age 18. In the case of a member who dies while in the service prior to normal retirement date, the survivor benefit shall commence at the date that would have been the member's normal retirement date had they continued in employment until such date. Benefits shall not be payable under both this section and under Subsection
A. (See Subsection
C below.)
C. Coordination with Subsections
A and
B. Under no circumstances shall a benefit be payable under both Subsections
A and
B above. Should a surviving spouse become entitled to a benefit under both sections, then such eligible spouse shall be provided the opportunity to elect either the benefit payable under Subsection
A or the benefit payable under Subsection
B. Such election shall be made in writing on a form acceptable to the Plan Administrator and shall be binding and irrevocable thereafter.
As used in this article, the following terms shall have the
meanings indicated:
ACT 205
The Municipal Pension Plan Funding Standard and Recovery
Act, Act of December 18, 1984, P.L. 1005, No. 205, as amended, 53
P.S. § 895.101 et seq.
ACTUARY
A person who has at least five years of actuarial experience
with public pension plans and who is either enrolled as a member of
the American Academy of Actuaries or enrolled as an actuary pursuant
to the Federal employee Retirement Income Security Act of 1974.
CHIEF ADMINISTRATIVE OFFICER
The individual designated by Council who shall have the power
and authority to perform all acts and to execute, acknowledge and
deliver all instruments necessary to implement and effectuate the
purpose of the plan. Where Council fails to designate a chief administrative
officer, the chief administrative officer shall be the Manager of
the City. Any decision or determination made by the chief administrative
officer may be reviewed by Council with the right reserved by Council
to overrule, amend, modify, alter or change any decisions or determinations
of said chief administrative officer in such manner and to such extent
as may seem proper to Council.
CITY
The City of Warren and any successor which shall maintain
this plan, and any predecessor which has maintained this plan. The
City is situated in Warren County in the Commonwealth of Pennsylvania.
CODE
The Internal Revenue Code of 1986, as amended or replaced
from time to time.
COMMITTEE or FIREFIGHTERS PENSION FUND COMMITTEE
A.
Shall, in general, be advisory in nature and shall have such
powers as are specifically delegated by Council in writing. The Committee
shall consist of a member of Council appointed by the Mayor for a
two-year term and during his or her tenure in office; the Fire Chief
and Finance Officer and the Manager; two members of the City of Warren
Fire Department, who shall be elected by a majority vote of all the
members of the City of Warren Fire Department to serve for a term
of two years from the date of his/her election; and one citizen of
the City of Warren, to be appointed by Council, to serve for a term
of two years.
B.
The Committee shall be deemed to exist subject to the power
and authority of the Council of the City, and any decision or determination
of said Committee may be reviewed by said Council with the right reserved
by Council to overrule, amend, modify, alter or change any decisions
or determinations of said Committee in such manner and to such extent
as may seem proper to Council.
COUNCIL
The Council of the City of Warren in whom rests the responsibility
for appointing the chief administrative officer and for deciding and
approving any matter of finance that affects or could affect the plan,
its participants or beneficiaries. All powers relative to the operation
and administration of the plan shall specifically reside with Council
unless delegated pursuant to this article.
PLAN
The current instrument, including all amendments hereto.
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 a 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.
TRUST AGREEMENT
The legal agreement entered into between the City and any
fiduciary that shall provide specifically for all objectives, powers
and responsibilities concerning the management of the trust's assets.
TRUST or FUND
The fund administered and established under the terms of
the plan, which fund shall include all money, property, investments,
policies and contracts standing in the name of the plan.