[Adopted 10-28-1975 by Ord. No. 75-4 (Ch. 1, Part 2, Subpart
B, of the 1991 Code of Ordinances)]
[Amended 12-14-1998 by Ord. No. 98-9; 8-30-2004 by Ord. No. 2004-6; 7-27-2009 by Ord. No. 2009-7; 10-31-2011 by Ord. No. 2011-6]
The Fairview Township Non-Uniformed Employees' Pension
Plan, as amended and restated, is attached hereto and marked as Exhibit
NU2009, replacing that which was previously listed as Exhibit
B, and is hereby adopted as the retirement benefits plan for Fairview
Township nonuniformed employees for the purpose of providing certain
retirement benefits to non-uniformed employees of Fairview Township.
[Amended 12-14-1998 by Ord. No. 98-9]
The Board of Supervisors shall designate the administrator of
the retirement system and shall determine the form in which the system
shall operate, either as a retirement fund, a retirement annuity or
any combination of the same.
[Added 2-14-1995 by Ord. No. 95-2; amended 8-28-1997 by Ord. No.
97-9]
A. A pension board is hereby established for the purpose of administrating
the Fairview Township Nonuniform Pension Plan and Nonuniform Pension
Fund, and which Board shall be known as the "Fairview Township Nonuniform
Pension Board."
B. The Board shall consist of five members appointed by the Board of
Supervisors, at least two of whom shall be duly elected or appointed
Supervisors serving in such position, and at least two of whom shall
be nonuniform employees, in the active employment of the Township
and duly elected by all of the nonuniform employees of said Township.
The fifth person appointed to the Board shall be a person mutually
agreeable to the Board of Supervisors and the nonuniform employees
representatives on the Board. The Board of Supervisors shall also
designate the Chairman of the Nonuniform Pension Board and shall appoint
persons to fill vacancies on the Board, except that vacancies in the
nonuniform employee representatives on the Board shall be filled by
election by the nonuniform employees.
C. Members of the Board shall serve without compensation.
D. The term of office for members of the Board shall be two years; provided
that any member of the Board who is a nonuniform employee shall cease
to be a member of the Board on the last day of his employment as a
nonuniform employee in the Township; and provided, further, that any
member of the Board who shall also be a member of the Board of Supervisors
of Fairview Township shall cease to be a member of the Board on the
day he ceases to hold office as a Supervisor.
E. The duly appointed Manager of Fairview Township shall serve as the
Secretary of the Board in a nonvoting capacity and shall keep minutes
of the Board's proceedings and all dates, records and documents
pertaining to the Board's administration of the pension plan.
F. No member of the Board shall be liable for any act or omission of
any other member of the Board nor for any act or omission on his own
part excepting only his own willful misconduct. The Township shall
indemnify and save harmless each and every member of the Board against
any and all expenses, claims or liabilities arising from his or her
membership on the Board, except in only expenses and liabilities arising
out of the Board member's own willful misconduct. Members of
the Board shall serve without bond.
G. No member of the Board shall vote on any matter in which he has a
personal interest.
H. The action of the Board shall be determined by the vote or other
affirmative expression of a majority of its members. All actions of
the Board shall be certified by its Chairman and attested to by its
Secretary.
I. The Board shall meet annually on the fourth Monday of April and at
such other times at the call of the Chairman or at the request of
the majority of the Board.
[Added 2-14-1995 by Ord. No. 95-2]
The Board shall have the following powers and duties:
A. To oversee the administration of the Fairview Township Nonuniform
Plan.
B. To provide guidance to the trustee of the Fairview Township Pension
Fund for the investment of all monies deposited in such fund.
C. To make rules and regulations for the governance of the affairs of
the Board to better enable it to carry out its powers and duties imposed
hereunder.
D. To employ and compensate actuaries, accountants and attorneys, as
it may deem necessary to carry out is duties hereunder. The expenses
of the administration of the fund and the plan shall be paid from
the assets of the fund.
E. The Board shall have no authority to retain any trustee for the management
of the pension fund, nor shall it have any power to determine what
amounts, if any, shall be deposited in such fund, all of said matters
being reserved solely to the Board of Supervisors of Fairview Township.
[Adopted 5-27-1986 by Ord. No. 86-3 (Ch. 1, Part 2, Subpart
A, of the 1991 Code of Ordinances)]
[Amended 8-28-1997 by Ord. No. 97-9]
A. A pension board is hereby established for the purpose of administering
the Fairview Township Police Pension Plan and Police Pension Fund,
and which Board shall be known as the "Fairview Township Police Pension
Board."
B. The Board shall consist of five members appointed by the Board of
Supervisors, at least two of whom shall be duly elected or appointed
Supervisors serving in such position, and at least two of whom shall
be police officers, excepting the Chief of Police, in the active employment
of the Township and duly elected by all of the police officers of
said Township. The fifth person appointed to the Board shall be a
person mutually agreeable to the Board of Supervisors and the police
officer representatives on the Board. The Board of Supervisors shall
also designate the Chairman of the Police Pension Board and shall
appoint persons to fill vacancies on the Board, except that vacancies
in the police officer representatives on the Board shall be filled
by election by the police officers.
C. Members of the Board shall serve without compensation.
D. The term of office for members of the Board shall be two years, provided
that any member of the Board who is a police officer shall cease to
be a member of the Board on the last day of his employment as a police
officer in the Township, and provided further that any member of the
Board who shall also be a member of the Board of Supervisors of Fairview
Township shall cease to be a member of the Board on the day he ceases
to hold office as a Supervisor.
E. The duly appointed Manager of Fairview Township shall serve as the
Secretary of the Board in a nonvoting capacity and shall keep minutes
of the Board's proceedings and all dates, records and documents
pertaining to the Board's administration of the Pension Plan.
F. No member of the Board shall be liable for any act or omission of
any other member of the Board nor for any act or omission on his own
part excepting only his own willful misconduct. The Township shall
indemnify and save harmless each and every member of the Board against
any and all expenses, claims or liabilities arising from his or her
membership on the Board, except in only expenses and liabilities arising
out of the Board member's own willful misconduct. Members of
the Board shall serve without bond.
G. No member of the Board shall vote on any matter in which he has a
personal interest.
H. The action of the Board shall be determined by the vote or other
affirmative expression of a majority of its members. All actions of
the Board shall be certified by its Chairman and attested to by its
Secretary.
I. The Board shall meet annually on the fourth Monday of April and at
such other times at the call of the Chairman or the request of the
majority of the Board.
The Board shall have the following powers and duties:
A. To administer the Fairview Township Police Pension Plan as set out
in the agreement between the Board of Supervisors of Fairview Township
and the police officers of the Township, and any amendments thereto,
and the terms of a trust agreement entered into by the Board of Supervisors
of Fairview Township and The Commonwealth National Bank, as Trustee,
and all other applicable statutes, ordinances and regulations.
B. To provide guidance to the Trustee of the Fairview Township Police
Pension Fund for the investment of all monies deposited in such fund.
C. To make rules and regulations for the governance of the affairs of
the Board to better enable it to carry out its powers and duties imposed
hereunder.
D. To employ and compensate actuaries, accountants and attorneys as
it may deem necessary to carry out its duties hereunder. The expenses
of the administration of the Fund and the Plan shall be paid from
the assets of the Fund.
E. To make all decisions pertinent to the award of any pension to any
applicant or participant or for the return of any individual contributions
to any person who may be entitled to the same under the Pension Plan.
F. The Pension Board shall have no authority to retain any Trustee for
the management of the Pension Fund, nor shall it have any power to
determine what amounts, if any, shall be deposited in such fund, all
of the said matters being reserved solely to the Board of Supervisors
of Fairview Township.
The Fairview Township Police Pension Fund shall be created and
maintained in the following manner:
A. All funds on deposit and held for the pension or retirement benefits
of the Fairview Township police officers shall be transferred to the
Pension Fund created hereby subject to any liabilities which may exist
against such fund.
B. The allocation by the Board of Supervisors of payments made by the
Treasurer of the Commonwealth from monies received from taxes paid
upon premiums by foreign casualty insurance companies and foreign
fire insurance companies pursuant to the general municipal pension
system state aid program.
C. Payments made by contributions of the police officers in accordance
with the Fairview Township Police Pension Plan as may be in effect
from time to time.
D. Payments made by other gifts, grants, devises or bequests made to
the fund.
E. Such other payments as may, from time to time, be made by the Board
of Supervisors to the fund from the general revenue by the Township.
F. All such payments received shall be deemed to be part of the Pension
Fund and shall not be applied to any other account or disbursed in
any manner except as provided herein.
G. Payments required under the Pension Plan shall be charged only on
the Police Pension Fund and upon other monies or funds of the Township.
The amounts of the payments made by the Treasurer of the Commonwealth
from the monies received from taxes paid upon premiums by foreign
casualty insurance companies and foreign fire companies, which are
determined by the Board of Supervisors to be deposited in the Pension
Plan, shall be used and applied as follows:
A. To pay expenses incurred for the administration of the Pension Fund
and the Pension Plan.
B. To reduce any unfunded liability, defined as the present value of
the liability of the fund on account of retirement benefits payable
under this article to members of the Police Department for service
prior to the date upon which they first made contributions to the
Plan, offset by the value of any assets in the fund; or after such
liability has been funded.
C. To apply against the annual obligation of the Township for future
service cost, defined as the amount of money required to be contributed
annually into the plan on account of benefits payable under the Pension
Plan to members of the Police Department for service subsequent to
the date of the establishment of the Plan; or to the extent that the
payment made be in excess of such obligation.
(1) To reduce member contributions.
(2) Any other monies paid into the fund shall be applied equally against
the member and Township obligations for future service cost.
The Pension Fund shall be deposited with, managed and invested
by a corporation Trustee, designated by the Board of Supervisors,
which shall carry out its responsibilities in accordance with the
terms of the trust agreement and further subject to such investment
policy and guidance as the Pension Board shall, from time to time,
give to the Trustee for the investment of the Pension Fund assets.
[Amended 8-30-2004 by Ord. No. 2004-6; 7-27-2009 by Ord. No. 2009-7; 2-22-2010 by Ord. No. 2010-1; 10-31-2011 by Ord. No. 2011-5]
The Fairview Township Police Pension Plan, as amended and restated,
is attached hereto and marked as Exhibit PP 2009, replacing that which was previously listed as Exhibit
A, and is hereby adopted as the retirement benefits plan for the Fairview
Township police officers. The Board shall have the full power and
authority to make all decisions in accordance with the terms of this
article to carry out the benefit provisions for the police officers
of the Township as set out in the Fairview Township Police Pension
Plan Agreement between the Board of Supervisors of Fairview Township
and the police officers of the Township, and any amendments or modifications
thereto, and which powers shall include, but not be limited to, the
following:
A. To determine all questions relating to the eligibility of officers
to become participants in the Plan.
B. To compute and certify to the corporate fiduciary appointed by the
Board of Supervisors, the amount and kind of benefits payable to participants.
C. To make and publish such rules and regulations for the administration
of the Pension Plan as are not inconsistent with the terms of the
Pension Plan.
D. The Board of Supervisors shall supply full and timely information
to the Pension Board on all matters relating to the pay of all members
of the police force, their retirement, death or other cause for termination
of employment and such other pertinent data as the Board may require
to carry out its duties and responsibilities hereunder. The Pension
Board shall be responsible to transmit to the corporate fiduciary
of the Pension Fund such information as is required to carry out its
responsibilities under its agreement with the Township.
Any participant in the Police Pension Plan shall have the right:
A. To inquire of the Pension Board as to his or her status or condition
in the Pension Plan, including prospective benefits to which such
participant may be entitled in the future.
B. To examine records of the Board pertaining to his or her pension
records.
C. To appear personally before the Board with or without counsel and
to be heard on any matter pertaining to his or her rights under the
Plan.