[Ord. No. 667, §§ 1.01, 1.02, 1.04—1.12, 12-11-1972; Ord. No. 676, § 1, 8-13-1973; Ord. No. 688, § 1, 11-26-1973; Ord. No. 810, § 1, 3-12-1979; Ord. No. 832, § 1, 6-9-1980; Ord. No. 903, § 1, 9-12-1983; Ord. No. 910, § 1, 3-12-1984; Ord. No. 927, § 1, 2-11-1985; Ord. No. 988, § 1, 4-11-1988; Ord. No. 1090, § 1, 12-9-1991; Ord. No. 1104, § 1, 6-8-1992; Ord. No. 1147, § 1, 2-14-1994; Ord. No. 1295, § 1, 7-19-1999; Ord. No. 1310, § 1, 12-13-1999; Ord. No. 1331, § 1, 8-14-2000; Ord. No. 1418, § 1, 3-8-2004]
As used in this article, the following terms shall have the indicated meanings:
ACCRUED MONTHLY PENSION
Sixty-five percent of a member's monthly plan compensation for members employed by the Township as of August 19, 1999, through December 31, 1999, and 50% of a member's monthly plan compensation for members hired on or after January 1, 2000, reduced by 75% of such member's primary insurance amount under the Federal Social Security Act during the period when such amount is payable to a member who terminates or retires in the year 1988 or who had terminated or retired in any year prior thereto; reduced by 56.25% of such member's primary insurance amount under the Federal Social Security Act during the period when such amount is payable to the member who shall terminate or retire in 1989; and reduced by 37.02% of such member's primary insurance amount under the Federal Social Security Act during the period when such amount is payable to the member who shall terminate or retire in 1990 or in 1991. For members who terminate or retire from active service on or after January 1, 1992, no social security offset will be applicable.
AGGREGATE MEMBER CONTRIBUTIONS
In the case of each member the aggregate of the member's contributions which have been withheld from his monthly salary under this plan and predecessors thereto.
BANK
The Girard Trust Bank and any successor thereto that may be appointed by the Township council.
BOARD
The members of the Plymouth Township Council in office from time to time.
CONTINUOUS SERVICE
In the case of each member, the period of his continuous employment by the Township as a policeman. Continuous service shall be computed to the nearest 1/12 of a year. Periods of absence due to:
(1) 
Authorized leave not in excess of one year as to any one such leave;
(2) 
Sick leave, not in excess of one year as to any one such leave;
(3) 
Voluntary or involuntary service in the Armed Forces of the United States while it is engaged in a war or while any law requiring compulsory military service is in effect; shall not interrupt continuous service but shall not, except for item (3) above, be included in continuous service; provided, however, that if a member fails to return to work within the time fixed by the Township (or within such longer time as may be provided by law for the protection of his re-employment rights following military service), his continuous service shall be deemed to have ended at the beginning of such absence; and further provided, however, that if a member returns to work after a sick leave exceeding one year in length and remains continuously employed as a Plymouth Township police officer for at least five years thereafter, that member's total length of actual service for the Township as a police officer shall be deemed to be continuous.
DELAYED RETIREMENT
Retirement pursuant to a member's request in writing, to continue in active service as a member of the Township police department past his/her normal retirement date, and the member's having passed the required physical examination and obtained a certification of fitness to continue in service from the Chief of Police, and the Township having approved the request.
DELAYED RETIREMENT DATE
The last day of the calendar month in which a member reaches his/her sixtieth anniversary of birth or his/her actual date of retirement, if earlier.
DROP
The Deferred Retirement Option Plan.
EFFECTIVE DATE
October 1, 1971.
MEMBER
Each regular full-time policeman in the service of the Township on or after the effective date of this plan. For this purpose, "full-time" means employment by the Township for at least 20 hours per week and five months per year.
MEMBER CONTRIBUTIONS
Effective January 1, 1995, and for each succeeding year, the contribution rate shall be the rate determined by the Township's actuary after conducting an actuarial study of the plan. The actuarial study conducted for the purpose of determining the member's annual contribution rate shall be completed no later than December 15 of the previous year. The rate of contribution shall be in accordance with Section 6 of Act 600, 53 P.S. § 772. Except in the event of fraud or mistake, the contribution rate recommended by the actuary shall be final and binding and shall not be subject to the grievance and arbitration procedure. Effective January 1, 1994, each member's contribution shall be eliminated through December 31, 1994. The contribution rate recommended by the actuary shall be established, reduced or eliminated, from time to time, by resolution adopted by Township Council.
MONTHLY PLAN COMPENSATION
The average of a member's monthly salary rate during the final 36 months of the member's continuous service with the Township.
MONTHLY SALARY RATE
For members retiring in 1992 and thereafter, a member's regular straight time rate of monthly salary as fixed under the then-current collective bargaining agreement in effect on the date of the termination or discontinuance of the member's continuous service with the Township, as well as overtime pay, longevity pay, educational bonus and holiday pay.
NORMAL RETIREMENT DATE
The last day of the calendar month in which a member reaches his 52nd anniversary of birth, provided the member has completed 25 years of continuous service.
PERMANENT DISABILITY
The inability of a member to physically or mentally perform assigned duties as a police officer, as determined by council on the basis of medical evidence, which disability is determined to be permanent and irreversible in nature, so that the member will never again be fit to physically or mentally perform such duties.
PLAN
The pension plan set forth in this division and as amended from time to time, which shall be known as the "Plymouth Township Police Pension Plan."
STUDENT
An individual who is enrolled in an institution of higher learning and carrying a minimum course load of seven (7) credits per semester.
All Township police officers shall retire upon reaching age 55 unless they are physically able to continue to age 60 and the Council agrees to such continuance. In no event shall delayed retirement be extended beyond the delayed retirement date.
[Ord. No. 667, § 2.01, 12-11-1972]
The Township shall pay to the fund held by the bank any cost of the plan in excess of the amounts remitted to the fund from the state and as gifts to the plan and as member contributions, with such payments to be in amounts as determined by an actuary appointed by the Township.
[Ord. No. 667, § 2.02, 12-11-1972]
Payments of pensions to retired members shall not be a charge on any other fund in the treasury of the Township, or under its control, but the same shall be payable only from the fund held by the bank.
[Ord. No. 667, § 3.03, 12-11-1972; Ord. No. 676, § 1, 8-13-1973; Ord. No. 849, § 1, 1-12-1981; Ord. No. 1418, § 2, 3-8-2004]
(a) 
If a member's employment with the Township is terminated after at least 15 years of continuous service (or 12 such years if his termination occurs on or after January 1, 1982), but before his normal retirement date (other than for death or for permanent disability), he shall be eligible for a deferred vested pension, provided that, within 90 days of the date his employment terminates, he files with the board a written notice of his intention to vest. The deferred vested pension will be payable monthly beginning with his normal retirement date and continuing thereafter for his lifetime. The amount of the deferred vested pension will be equal to his accrued monthly pension on the date his employment terminated, multiplied by the percentage that his years of continuous service at termination bears to the years of continuous service which he would have rendered had he continued in service until his normal retirement date. If a member who has filed such intent to vest shall die before his normal retirement date, there shall be paid to his designated beneficiary an amount in one sum equal to his aggregate member contributions, plus all interest earned by such contributions while in the pensions fund, as determined by regulations of the board.
(b) 
If a member's employment with the Township is terminated before his normal retirement date (other than for permanent disability or a termination for which he has filed a notice of intent to vest under paragraph (a) hereof), there shall be refunded to him (or to his designated beneficiary in the case of death) an amount in one sum equal to his aggregate member contributions, plus all interest earned by such contributions while in the pension fund, as determined by regulations of the board.
[Ord. No. 667, §§ 5.01—5.03, 12-11-1972]
(a) 
The Township hopes and expects to continue the plan and the payment of contributions hereunder indefinitely; but such continuance is not assumed as a contractual obligation, and, in order to protect both members and the Township against unforeseen contingencies, the Township expressly reserves the right to amend or to terminate the plan at any time consistent with statutory requirements.
(b) 
If the plan is terminated, all assets of the fund held by the bank shall be transferred to the successor police pension fund established in conformity with the applicable laws of the state.
(c) 
The Township reserves the right to change the medium of funding the plan or to substitute another plan at any time and without the consent of any other party. The plan shall not be considered as having terminated nor shall any benefits be considered as having vested because of such change or substitution.
[Ord. No. 667, § 6.01, 12-11-1972]
To the extent permitted by law, none of the benefits payable hereunder shall be subject to the claims of any creditor of any member or beneficiary nor shall the same be subject to attachment, garnishment or other legal or equitable process by any creditor of any member or beneficiary, nor shall any member or beneficiary have any right to alienate, anticipate, commute, pledge, encumber or assign any of such benefits.
[Ord. No. 667, § 6.04, 12-11-1972]
The plan shall not confer upon any employee any right of employment nor shall any provision interfere with the right of the Council to discharge any employee.
[Ord. No. 667, § 6.05, 12-11-1972]
All provisions of the plan, including definitions, shall be construed according to the laws of this state.