[HISTORY: Adopted by the Board of Supervisors of the Township
of Middle Smithfield 1-22-2015 by Ord. No. 202.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Intermunicipal agreements — See Ch. 30.
Investments — See Ch. 32.
Pensions — See Ch. 48.
Salaries and compensation — See Ch. 61.
[1]
Editor's Note: This chapter also provided that it take
effect five days after its enactment date, and that its enactment
is pursuant to the Pennsylvania Intergovernmental Cooperation Law,
Act of July 12, 1972, No. 180, as amended, 53 Pa.C.S.A. § 2301
et seq.
A.
The Board of Supervisors hereby authorizes the Township's participation
in the PSATS Unemployment Compensation Group Trust and adopts, and
approves the execution of, the Restated Trust Agreement, marked as
Exhibit "A", attached hereto and incorporated herein by reference,[1] and any other agreements necessary for the Township's
participation in the trust.
(1)
The Restated Trust Agreement is on file for inspection and review
at the Township Municipal Building. The Restated Trust Agreement may
be subsequently modified or amended in accordance with its terms,
but in no event shall such modifications or amendments divert any
of the trust funds from the purposes of the rust. The Township may
withdraw from the trust in accordance with the Restated Trust Agreement,
including if the Board of Supervisors determines the modifications
or amendments are not in the best interests of the Township.
[1]
Editor's Note: Said exhibit is on file in the Township
offices.
B.
The participation of the Township in the trust is authorized for
the purpose of pooling resources for the purpose of providing unemployment
compensation insurance for participating employers at reasonable cost.
C.
As set forth in greater detail in the Restated Trust Agreement and
as otherwise stated herein, the following conditions apply to the
participation of the Township in the trust:
(1)
That each participating employer must meet the admission and eligibility
requirements set forth therein;
(2)
That each participating employer agrees to pay all contributions
when due as provided in the Restated Trust Agreement or as otherwise
established by the Board of Trustees; and
(3)
That each participating employer complies with all other conditions
of the Restated Trust Agreement.
D.
The Township agrees to participate in the trust and may withdraw
for any reason and in accordance with the Restated Trust Agreement,
provided that it has fulfilled all its financial obligations to the
trust upon withdrawal.
E.
The effective date of the Township's agreement to and joinder
in the Restated Trust Agreement and the participation of the Township
in the trust pursuant to the terms of the Restated Trust Agreement
will be the same as the effective date of the ordinance authorizing
the Township's participation in the Restated Trust Agreement,
or January 31, 2015, whichever is earlier.
F.
Each participating employer delegates to the Board of Trustees the
powers enumerated in the Restated Trust Agreement.
G.
The organizational structure of the trust shall consist of a Board
of Trustees. Under the Restated Trust Agreement, the Board of Trustees
is authorized to, among other things, enter into contracts with third
parties to perform various services necessary for the administration
of the trust.
H.
The funds required for the operation of the trust shall be provided
by the participating employers through scheduled appropriations as
determined by the Board of Trustees.
I.
The trust is empowered to enter into contracts for policies of group
insurance and employee benefits, including social security, for employees
of the trust, if any.
J.
As a condition of participating in the trust, the Township agrees
to comply with all of the terms and conditions in the Restated Trust
Agreement.
K.
The Board of Supervisors of the Township is hereby authorized to
take any and all such other actions as may be necessary or appropriate
to carry out the purposes of this chapter and comply with the requirements
of the attached Restated Trust Agreement and any duly adopted amendments
thereto.
L.
The duration of the term of the Township's participation in
the trust and obligations under the Restated Trust Agreement shall
continue until withdrawal from the trust by the Township in accordance
with the terms of the Restated Trust Agreement.
M.
The Board of Supervisors hereby specifically finds and determines
as follows:
(1)
The conditions of the intergovernmental cooperative agreement are
set forth in the Restated Trust Agreement incorporated by reference
herein.
(2)
The Township shall participate in the trust in accordance with the
Restated Trust Agreement until it withdraws by giving notice to the
Board of Trustees in accordance with the terms of the Restated Trust
Agreement.
(3)
The purpose and objectives of the intergovernmental cooperative arrangement,
including powers and scope of authority delegated to the Board of
Trustees, are set forth in the incorporated Restated Trust Agreement.
(5)
The trust shall be managed by the Board of Trustees pursuant to the
terms of the Restated Trust Agreement.
(6)
All assets and property, real or personal, of the trust shall be
titled to, acquired, managed, licensed or disposed of by the trust,
and its Board of Trustees, in accordance with the terms of the Restated
Trust Agreement.
(7)
The trust in accordance with the Restated Trust Agreement shall be
empowered to enter into contracts for policies of group insurance
and employee welfare benefits to be offered to participating employers
for their eligible employees and dependents.
