No employee of the employer nor anyone else shall have any rights whatsoever against the employer or the plan administrator as a result of this plan except those expressly granted to them hereunder. Nothing herein shall be construed to give any employee the right to remain in the employment of the employer.
For purposes of this plan, the masculine shall be read for the feminine, and the singular shall be read for the plural, wherever the person or context shall plainly so require.
This plan may be executed and/or conformed in any number of counterparts, each of which shall be deemed an original and shall be construed and enforced according to the laws of the Commonwealth of Pennsylvania, except that such commonwealth's choice of law rules.
The headings of articles are included solely for convenience of reference, and if there be any conflict between such headings and the text of the plan, the text shall control.
In case any provisions of this plan shall be held illegal or invalid for any reason, said illegality or invalidity shall not affect the remaining parts of this plan, and the plan shall be construed and enforced as if said illegal and invalid provisions had never been inserted therein.
If any participant shall be physically or mentally incapable of receiving or acknowledging receipt of any payment of pension benefits hereunder, the plan administrator, upon the receipt of satisfactory evidence that such participant is so incapacitated and that another person or institution is maintaining him, may provide for such payment of pension benefits hereunder to such person or institution so maintaining him, and any such payments so made shall be deemed for every purpose to have been made to such participant.
Subject to the provisions of the Act and unless otherwise specifically required by other applicable laws, no past, present or future officer of the employer shall be personally liable to any participant, beneficiary or other person under any provision of the plan.
Nothing contained herein shall be deemed to give any participant or beneficiary any interest in any specific property of the Pension Fund or any right except to receive such distributions as are expressly provided for under the plan.
The income and principal of the Pension Fund are for the sole use and benefit of the participants covered hereunder and, to the extent permitted by law, shall be free, clear and discharged from and are not to be in any way liable for debts, contracts or agreements now contracted or which may hereafter be contracted and from all claims and liabilities now or hereafter incurred by any participant or beneficiary.
[Added 12-13-2011 by Ord. No. 1900]
The following provisions are added to the plan. Any prior provisions that are inconsistent with the provisions in this section are hereby superseded.
A. 
The purpose of this section is to comply with the Pension Protection Act of 2006 (PPA)[1] and the Heroes Earnings Assistance Relief Tax Act (HEART Act).[2] Notwithstanding anything in this plan to the contrary, this plan shall be interpreted so as to comply with the applicable required provisions of the PPA and the HEART Act.
[1]
Editor's Note: See 29 U.S.C. § 1001 et seq.
[2]
Editor's Note: See 26 U.S.C. § 1 et seq.
B. 
For the purposes of Code Section 415(b)(1)(A), effective as of January 1, 2008, the "applicable mortality table" and "applicable interest rate" are found in Rev. Rul. 2007-67. The "applicable mortality table" in Rev. Rul. 2001-62 was effective from December 31, 2002 through December 31, 2007.
C. 
Section 415(c) compensation. For the purposes of this section, "compensation" includes only those items specified in Treas. Reg. § 1.415(c)-2(b)(1) or (2) and excludes all items listed in Treas. Reg. § 1.415(c)-2(c), the terms of which are specifically incorporated herein by reference. Effective as of January 1, 2009, to the extent required by the Heroes Earnings Assistance Relief Tax Act of 2008 (HEART Act), differential wage payments shall be included in compensation.
D. 
Effective as of January 1, 2007, an "eligible rollover distribution" shall include any eligible rollover distribution (including distributions containing after-tax contributions) that is transferred in a direct trustee-to-trustee transfer to a Section 403(b) annuity contract or a qualified trust under Code Section 401(a) that agrees to separately account for amounts so transferred, including separately accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible.
E. 
Effective as of January 1, 2008, a Roth IRA is an eligible retirement plan.
F. 
Nonspousal rollover. Effective January 1, 2007, if a beneficiary who is not a surviving spouse is entitled to receive what would otherwise be an eligible rollover distribution, the beneficiary may, in accordance with Code Section 402(c)(11), make a trustee-to-trustee transfer of that amount to an IRA or individual retirement annuity (other than an endowment contract), provided that:
(1) 
The transfer is made not later than the end of the fourth year after the year of the participant's death; and
(2) 
The account or annuity to which the amount is transferred is treated as an inherited IRA or individual retirement annuity in accordance with Code Section 408(d)(3)(C).
G. 
HEART Act. Effective for participant deaths occurring while performing qualified military service [as defined in Code Section 414(u)] on or after January 1, 2007, the plan will provide retirement benefits and service credit to the extent required by the HEART Act.