[Adopted 2-19-1936 by Ord. No. 324 (Ch. 1, Part 8B, of the
1986 Code of Ordinances)]
Pursuant to authority granted cities of the third class by the
provisions of the Act of June 23, 1931, P.L. 932, its supplements
and amendments, the following provisions relating to the establishment
of a police pension fund shall become in force and effect concerning
the Department of Police of the City of Washington.
[Amended 5-26-1994 by Ord. No. 1479]
There shall be established a police pension fund to be governed
by a Board of Directors which shall consist of 12 members, and this
membership shall include the Mayor, Superintendent of Accounts and
Finance, the City Controller, a member of Council as selected by a
majority of Council, Chief of Police, five active police officers
and two pensioned officers. Said five active police officers shall
be selected by a majority vote of all officers qualifying under the
Civil Service Act for membership in the Police Department. Said pensioned
officers to be recommended by majority vote of all pensioned officers.
Thereupon, the said recommendation shall be approved or disapproved
by a majority vote of the Board of Directors of the Police Pension
Fund.
Said Board of Directors shall have full charge and management
of all matters pertaining to the depositing, investment and collection
of funds for and on behalf of the Washington Police Pension Fund and
shall regulate and provide for all activities carried on in the name
of the Washington Police Pension Association.
[Amended 11-17-1958 by Ord. No. 751; 4-24-1986 by Ord. No. 1356; 5-28-1987 by Ord. No. 1372]
A.
There shall be collected monthly from each member of the Police Department a sum of money not exceeding 7 1/2% of the wage for the said period of collection; of this 7 1/2%, 3 1/2% will be for survivors' pension as stated in §§ 49-11 and 49-22, for each police officer on active duty in the Police Department of Washington. Said amount shall be determined from time to time by the Board of Directors, and the same shall be deducted from the pay of each police officer by the Office of Finance and be deposited in a fund as hereinafter provided.
B.
In addition to the amount provided in § 49-4A, there shall also be deducted a service increment contribution from the wage of each member of the Police Department under the age of 65 years. Such payment shall be equal to 1/2% of the wage of each member of the Police Department, but shall not in any case exceed the sum of $1 per month.
[Amended 11-17-1958 by Ord. No. 751]
There shall be appropriated by the City and paid annually to the said pension fund a sum not less than 1/2% of all City taxes collected by the City other than taxes levied to pay interest on or extinguish the debt of the City or any part thereof, which sum shall be deposited by the City Treasurer in a fund hereinafter provided for in § 49-6.
[Amended 4-24-1986 by Ord. No. 1356]
The fund of money provided in §§ 49-4 and 49-5 of this article shall be deposited in a special fund or account by the City Treasurer in an approved depository, on approval by the Board of Directors, under the style and caption of "Police Pension Fund" and shall be used for the benefit of such members of the Police Department as shall receive honorable discharge therefrom by reason of age or disability, and the families of such as may be injured or killed in service, but such allowance as shall be made to those who are retired by reason of the disabilities of age shall be made in conformity with a uniform scale to all. This fund is a trust fund and shall not be subject to any attachment, charges, satisfaction of any judgments, or for any purpose whatsoever except the specific purposes herein set forth and shall be payable only to the beneficiary or beneficiaries designated and shall not be subject to assessment or transfer.
The Board of Directors so constituted in this article shall
draw up and adopt bylaws or regulations for the governing of the respective
activities of the fund.
[Amended 11-17-1958 by Ord. No. 751; 4-24-1986 by Ord. No. 1356; 4-24-1997 by Ord. No. 1548]
A.
The basis of the apportionment of the pension shall be determined
by the rate of the monthly pay of the member at the date of injury,
death, honorable discharge or retirement and, except as to service
increments as provided in the law or the average of the last five
years' annual base salary, or whichever is highest, shall not in any
case exceed in any one year 1/2 of the annual pay of such member computed
at such monthly rate. The pension payment shall be calculated from
the day after retirement.
B.
The amount of pension shall be increased to those who qualify for
such an increase effective October 1, 1996, as follows:
(1)
All persons receiving pension benefits for five years but less than
10 years prior to October 1, 1996, will receive an increase of $200
per year.
(2)
All persons receiving benefits for 10 years but less than 15 years
prior to October 1, 1996, will receive an increase of $300 per year.
(3)
All persons receiving benefits for 15 years but less than 20 years
prior to October 1, 1996, will receive an increase of $400 per year.
(4)
All persons receiving benefits for 20 years or more prior to October
1, 1996, will receive an increase of $500 per year.
C.
Said increase shall be calculated from the effective date of October
1, 1996, and shall be payable in installments each, commencing on
or before June 1, 1997.
D.
This cost-of-living adjustment shall be a one-time increase to pension
benefits for those individuals, as aforesaid, who are receiving disability
benefits or retirement benefits arising from service provided to the
City Police Department, with said benefits received by the recipient
on or before October 1, 1996, as long as they were necessary retirement
benefits at least five years prior to October 1, 1996. This amendment
shall not act to increase the pension benefits for any other recipients
currently receiving a pension from the City of Washington who have
retired on or after October 1, 1996.
Payments for allowances under this article shall not be a charge
on any other funds in the treasury of the City and under its control
save the Police Pension Fund herein provided for.
[Amended 4-24-1986 by Ord. No. 1356]
No officer shall be eligible to become a member of the pension
fund nor be eligible to receive any of the benefits under the terms
and conditions of this article until he shall be a member of the Police
Department and shall have qualified for service in the Police Department
under the terms of the Act of June 23, 1931, P.L. 932, its supplements
and amendments, relating to civil service. Nothing in this section,
however, shall apply to the enactment of the Civil Service Act.
[Added 9-23-1963 by Ord. No. 896; amended 5-28-1987 by Ord. No.
1372; 10-22-1998 by Ord. No. 1598]
A.
The surviving spouse of a member of the Police Department of the
City of Washington and the Police Pension Fund of Washington, Pennsylvania,
who dies while retired on pension or in the service on or after October
1, 1963, shall during her lifetime be entitled to receive a pension
calculated at the rate of 50% of the pension the member was receiving
or would have been receiving had he been retired at the time of his
death.
B.
The surviving spouse of a member of the Police Department of the
City of Washington and of the Police Pension Fund of Washington, Pennsylvania,
who dies while retired on pension, or in the service, on or after
June 1, 1987, shall during his or her lifetime be entitled to receive
a pension calculated at the rate of 100% of the pension the member
was receiving or would have been receiving had the member been retired
at the time of the member's death.
[Added 9-23-1963 by Ord. No. 896; amended 5-28-1987 by Ord. No.
1372; 10-22-1998 by Ord. No. 1598]
A.
In the event that a member of the Police Department of the City of
Washington and of the Police Pension Fund of Washington, Pennsylvania,
dies while retired on pension, or in the service, on or after October
16, 1963, and is not survived by a widow or is survived by a widow
who subsequently dies and the said member is survived by a child or
children who, at the latest of the above dates, is or are under the
age of 18 years, a pension calculated at 50% of the pension the member
was or would have been receiving had he been retired at the time of
his death shall be payable to and divided equally among those children.
No child shall receive any payment after he or she reaches the age
of 18 years.
B.
In the event that a member of the Police Department of the City of
Washington and of the Police Pension Fund of Washington, Pennsylvania,
dies while retired on pension, or in the service, on or after June
1, 1987, and is survived by a widow or is survived by a widow who
subsequently dies and the said member is survived by a child or children
who, at the latest of the above dates, is or are under the age of
18 years, a pension calculated at 100% of the pension the member was
or would have been receiving had he been retired at the time of his
death shall be payable to and divided equally among those children.
No child shall receive any payment after he or she reaches the age
of 18 years.
[Added 10-8-1987 by Ord. No. 1379; amended 5-26-1994 by Ord. No.
1479]
A.
ACT
CODE
COMPENSATION
COUNCIL
DISABILITY
EFFECTIVE DATE
EMPLOYEE
EMPLOYER
FINAL MONTHLY AVERAGE SALARY
MEMBER
PENSION FUND
PLAN
PLAN YEAR
YEAR OF CONTINUOUS SERVICE
Definitions. As used in this article, the following terms shall have
the meanings indicated:
The Municipal Pension Plan Funding Standard and Recovery
Act, enacted as P.L. 1005, (Act 205 of 1984), as amended.[1]
The Third Class City Code, enacted as P.L. 932, as amended.[2]
The salary reported on Form W-2 for federal income tax purposes.
The Council of the City of Washington.
A condition of physical or mental impairment due to which
a member is unable to perform any occupation or work for compensation.
The date upon which this article is first effective, that
is January 1, 1988.
Any police officer employed on or after the effective date
by the employer on a full-time basis as a member of the employer's
police department.
The City of Washington.
The rate of monthly pay of the member as of the date of retirement
or the highest average annual salary which the member received during
any five years of continuous service preceding his date or retirement,
whichever is the greater amount.
An employee who has met the eligibility requirements of § 49-13C, and who has not for any reason ceased his participation hereunder.
The Police Pension Fund administered under the terms of this section and the rules and regulations of the Board of Trustees as set forth in § 49-13B, and which shall include all money, property, investments, policies and contracts that are a part of the plan.
The pension plan set forth herein and designated as the "City
of Washington New Police Pension Plan."
The twelve-month period beginning on January 1 and ending
on the subsequent December 31 of each year.
Shall refer to a twelve-month period of continuous employment
during which a member is employed with the employer and paid out of
the City treasury.
B.
Administration.
(1)
The pension fund shall be aggregated with other pension funds maintained
by the employer to create a single pension trust fund, which shall
thereafter serve as the funding mechanism for all pension plans connected
with the aggregation. Each pension plan subject to the aggregation
shall have an undivided participation in the assets of the combined
pension trust fund. For accounting purposes, the value of the participation
by each plan shall be calculated annually, in accordance with the
requirements of Section 607 of the Act.
(2)
The aggregate pension trust fund shall be managed by a board of trustees
which shall include at least one representative of the active membership
of each plan included in the fund, who shall be elected by the active
membership of said plan. The remaining members of such board shall
be drawn from the managing boards of the associated plans.
(3)
The employer may direct the board of trustees to pay expenses from
the pension fund which are attributable to the preparation of any
actuarial valuation report or experience investigation required by
the Act or any other expense which is permissible under the terms
of the Act and which is directly associated with administering the
plan. Such permissible expenses shall include but are not limited
to investment costs associated with obtaining authorized investments
and investment management fees, accounting expenses, premiums for
insurance coverage on fund assets, reasonable and customary counsel
fees incurred for advice or to defend the pension fund and legitimate
travel and education expenses incurred by plan officials which are
necessary, reasonable and benefit the pension fund.
(4)
It shall be the duty of the board of trustees to receive, retain
and distribute pension fund contributions and pension payments to
the members who are entitled to receive such contributions and payments.
Any contributions or pension payments to a member shall not be made
from any other fund maintained or controlled by the City, except the
pension trust fund.
(5)
The board of trustees may take by gift, grant, devise or bequest
any money or property real, personal or mixed, in trust for the benefit
of such pension fund.
(6)
Legal title to assets in the aggregated pension trust fund shall
be in the municipality as trustee, or its nominees as trustees, for
any person having a beneficial interest in a particular pension plan
that is associated with the pension trust fund.
C.
Participation. Any person who becomes an employee of the employer
on or after January 1, 1988, shall be eligible to become a member
of the plan and to participate hereunder.
D.
Contributions. As of the effective date of this section, each member
shall contribute 5% of his compensation each month to the pension
fund. In addition to such contribution, the member shall contribute
$1 per month as a service increment contribution, but in no case,
however, shall contributions that are attributable to service increments
be required after the date when a member has attained age 65.
E.
Benefits.
(1)
Each member employed with the City of Washington after January 1,
1988, but prior to January 1, 1994, shall be entitled to receive a
pension benefit, provided he has completed 20 years of continuous
service with the employer and has attained the age of 50. Provided,
however, that payment of pension benefits upon retirement shall be
conditioned upon a member being subject to service from time to time
as a police reserve until unfitted for such service, at which time
such member shall be finally discharged by reason of age or disability.
(2)
Any officer currently a member of the police force and hired before January 1, 1975, may retire after 20 years of active duty and be eligible for a pension, notwithstanding the fact that he may not have attained his 50th birthday. However, any member hired after January 1, 1975, and before January 1, 1988, shall be eligible for pension only after 20 years of active duty and after attainment of age 50 in the amount as provided for in § 49-8.
(3)
A member entitled to a pension benefit shall receive during his lifetime
a monthly retirement income which shall be equal to 1/2 of his final
monthly average salary.
(4)
Each member who becomes entitled to a pension benefit shall become entitled to payment of a service increment benefit which shall be equal to the number of whole years in excess of 20 years of continuous service (including therein any credit for military service as provided in Subsection D, Contributions), multiplied by 1/40 of the member's pension benefit which he is entitled to receive. No service increment benefit shall be paid to a member which is in excess of $100 per month, nor shall such increment reflect any employment after the member has reached the age of 65.
(5)
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 member or his survivors, nor shall they
be subject to assignment or transfer.
(6)
If any member, whether active or retired, dies, his spouse, or if
no spouse survives or if a spouse survives and subsequently dies or
remarries, a member's child or children under the age of 18 years
shall receive a monthly income which shall be equal to 50% of the
member's pension benefit he was receiving under the plan or would
have received if his pension had been in pay status at the time of
his death.
(7)
If a member of the employer becomes disabled now in the line of duty,
after having completed 20 years of continuous service with the employer,
he shall be entitled to receive a monthly disability pension benefit
which shall be equal to his pension benefit as of his disability retirement
date. If a member of the employer incurs a disability in the line
of duty, he shall be entitled to receive a monthly disability pension
benefit, regardless of the number of completed years of continuous
service, until his disability pension benefit ceases and he returns
to active employment with the employer or his death, which shall be
equal to his pension benefit as of his disability retirement date.
(8)
In the event a member dies while receiving a disability pension benefit
from the pension fund, the disability pension benefit payments shall
continue to the member's spouse or, if no spouse survives or if the
spouse survives and subsequently dies or remarries, then to the child
or children under the age of 18 years of the deceased member, in an
amount equal to 50% of the disability pension benefit which the member
was receiving prior to his death.
(9)
Each member who becomes entitled to receive a disability pension
benefit from the pension fund shall be required to submit to medical
examination by three physicians designated by the employer.
(10)
Thereafter, the employer may annually require the member to
have a medical examination to certify such member's continued disability,
and if a member refuses to comply with such requirement, payment of
his disability pension benefit shall cease.
F.
Termination of employment and refund of contributions.
(1)
If a member who makes contributions to the pension fund shall cease
to be a member of the police force before he becomes entitled to receive
a pension benefit, the total amount of his contributions paid to the
pension fund shall be refunded in full, without interest.
(2)
If a member terminates his employment and is later reemployed by
the employer as a member of its police department, he shall receive
credit for the years of continuous service earned prior to his date
of termination only if he repays the amount he received at the time
he terminated employment with the employer.
(3)
If a member dies at a time when he is not in the line of service, and prior to his eligibility to receive a pension benefit from the pension fund, the member's surviving spouse or family shall receive any death benefits payable to survivors as provided under Subsection E; if such member is not survived by a spouse or family, however, then the total contribution paid into the pension fund by the member shall be paid to his estate.
G.
Valuation requirements.
(1)
An actuary shall perform an actuarial valuation at least biennially
unless the employer is applying or has applied for supplemental state
assistance pursuant to Section 603 of the Act, whereupon actuarial
valuation reports shall be made annually. Such actuarial valuation
shall be prepared and certified by an "approved actuary," as such
term is defined in the Act.[3]
[3]
Editor's Note: See 53 P.S. § 895.102.
(2)
Such actuarial reports shall be prepared and filed under the supervision
of the chief administrative officer.
(3)
The chief administrative officer of the pension plan shall determine
the financial requirements of the plan on the basis of the most recent
actuarial report and shall determine the minimum obligation of the
employer with respect to funding the plan for any given plan year.
The chief administrative officer shall submit the financial requirements
of the plan and the minimum obligation of the employer to the Council
annually and shall certify the accuracy of such calculations and their
conformance with the Act.
(4)
The employer shall annually contribute to the pension fund such amounts
as are recommended by the plan's actuary or being required to meet
the funding standards of the Act and to provide for the benefits under
the plan.
H.
Benefit plan modifications. Prior to the adoption of any benefit
plan modification by the employer, the chief administrative officer
of the plan shall provide to the Council a cost estimate of the proposed
benefit plan modification. Such estimate shall disclose to the Council
the impact of the proposed benefit plan modification on the future
financial requirements of the plan and the future minimum obligation
of the employer with respect to the plan.
I.
Compliance with the Municipal Pension Plan Funding Standard and Recovery
Act of 1984. This article is hereby created and established under
the provisions of the Act governing severely distressed municipalities
and is intended to comply with the requirements therein governing
the recovery programs of such municipalities.
J.
Effective date. The section will become effective January 1, 1988.
[Added 2-1-1950 by Ord. No. 556; amended 5-26-1994 by Ord. No.
1479]
A.
Participation. Any person who becomes an employee of the employer
after January 1, 1994, shall be eligible to become a member of the
plan established under this section and to participate hereunder.
B.
Contributions. As of the effective date of this section, each member
participating hereunder shall contribute 7.5% of his compensation
each month to the pension fund. In addition to such contribution,
the member shall contribute $1 per month as a service increment contribution,
but in no case, however, shall contributions that are attributable
to service increments be required after the date when the member has
attained the age of 65.
C.
Benefits.
(1)
Each member employed with the City of Washington after January 1,
1994, shall be entitled to receive a pension benefit, provided he
has completed 20 years of active duty with the employer and has attained
the age of 53; provided, however, that payment of pension benefits
upon retirement shall be conditioned upon a member being subject to
service from time to time as a police reserve until unfit for such
service, at which time such member shall be finally discharged by
reason of age or disability.
(2)
A member entitled to a pension benefit shall receive during his lifetime
a monthly retirement income which shall be equal to 1/2 of his final
monthly average salary.
(3)
Each member who becomes entitled to a pension benefit shall become entitled to payment of a service increment benefit, which shall be equal to the number of whole years in excess of 20 years of continuous service (including therein any credit for military service as provided in Subsection B, Contributions), multiplied by 1/40 of the member's pension benefit which he is entitled to receive. No service increment benefit shall be paid to a member which is in excess of $100 per month, nor shall such increment reflect any employment after the member has reached the age of 65.
(4)
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 member or his survivors, nor shall they
be subject to assignment or transfer.
(5)
If any member, whether active or retired, dies, his spouse, or if
no spouse survives or if a spouse survives and subsequently dies or
remarries, a member's child or children under the age of 18 years
shall receive a monthly income which shall be equal to 50% of the
member's pension benefit he was receiving under the plan or would
have received if his pension had been in pay status at the time of
his death.
(6)
If a member of the employer becomes disabled not in the line of duty,
after having completed 20 years of continuous service with the employer,
he shall be entitled to receive a monthly disability pension benefit
which shall be equal to his pension benefit as of his disability retirement
date. If a member of the employer incurs a disability in the line
of duty, he shall be entitled to receive a monthly disability pension
benefit, regardless of the number of completed years of continuous
service, until his disability pension benefit ceases and he returns
to active employment with the employer or his death, which shall be
equal to his pension benefit as of his disability retirement date.
(7)
In the event a member dies while receiving a disability pension benefit
from the pension fund, the disability pension benefit payments shall
continue to the member's spouse or, if no spouse survives or if the
spouse survives and subsequently dies or remarries, then to the child
or children under the age of 18 years of the deceased member, in an
amount equal to 50% of the disability pension benefit which the member
was receiving prior to his death.
(8)
Each member who becomes entitled to receive a disability pension
benefit from the pension fund shall be required to submit to medical
examination by three physicians designated by the employer. Thereafter,
the employer may annually require the member to have a medical examination
to certify such member's continued disability and, if a member refuses
to comply with such requirement, payment of his disability pension
benefit shall cease.
D.
Termination of employment and refund of contributions.
(1)
If a member who makes contributions to the pension fund shall cease
to be a member of the police force before he becomes entitled to receive
a pension benefit, the total amount of his contributions paid to the
pension fund shall be refunded in full, without interest.
(2)
If a member terminates his employment and is later reemployed by
the employer as a member of its police department, he shall receive
credit for the years of continuous service earned prior to his date
of termination only if he repays the amount he received at the time
he terminated employment with the employer.
(3)
If a member dies at a time when he is not in line of service and prior to his eligibility to receive a pension benefit from the pension fund, the member's surviving spouse or family shall receive any death benefits payable to survivors as provided under Subsection C; then, if such member is not survived by a spouse or family, the total contribution paid to the pension fund by the member shall be paid to his estate.
E.
Valuation requirements.
(1)
Any actuary shall perform an actuarial valuation at least biennially
unless the employer is applying or has applied for supplemental state
assistance pursuant to Section 603 of the Act, whereupon actuarial
valuation reports shall be made annually. Such actuarial valuation
shall be prepared and certified by an "approved actuary," as such
term is defined in the Act.[1]
[1]
Editor's Note: See 53 P.S. § 895.102.
(2)
Such actuarial reports shall be prepared and filed under the supervision
of the chief administrative officer.
(3)
The chief administrative officer of the pension plan shall determine
the financial requirement of the plan on the basis of the most recent
actuarial report and shall determine the minimum obligation of the
employer with respect to funding of the plan for any given plan year.
The chief administrative officer shall submit the financial requirements
of the plan and the minimum obligation of the employer to the Council
annually and shall certify the accuracy of such calculations and their
conformance with the Act.
(4)
The employer shall annually contribute to the pension fund such amounts
as are recommended by the plan's actuary or being required to meet
the funding standards of the Act and to provide for the benefits under
the plan.
F.
Benefit plan modification. Prior to the adoption of any benefit plan
modification by the employer, the chief administrative officer of
the plan shall provide to Council a cost estimate of the proposed
benefit plan modification. Such estimate shall disclose to the Council
the impact of the proposed benefit plan modification on the future
financial requirements of the plan and the future minimum obligation
of the employer with respect to the plan.
G.
Compliance with the Municipal Pension Plan Funding Standard and Recovery
Act of 1984. This article is hereby created and established under
the provisions of the Act governing severely distressed municipalities
and is intended to comply with the requirement therein governing the
recovery programs of such municipalities.
