[HISTORY: Adopted by the Board of Supervisors of the Township
of Richland 3-23-2015 by Ord. No.
331. Amendments noted where applicable.]
A.
The Township adopts the restated trust agreement and agrees to participate
in the Trust in accordance with the amended and updated terms of the
restated trust agreement, and the Chairman of the Board and Secretary
of the Township are hereby authorized to sign the restated trust agreement
and any other agreements necessary for the Township's participation
in the Trust.
B.
The restated trust agreement is on file for inspection and review
at the Township's offices at 322 Schoolhouse Road, Suite 110,
Johnstown, Pennsylvania. 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 Trust. 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.
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.
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:
A.
Each participating employer must meet the admission and eligibility
requirements set forth therein;
B.
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
C.
Each participating employer complies with all other conditions of
the restated trust agreement.
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.
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 January 1, 2015.
Each participating employer delegates to the Board of Trustees
the powers enumerated in the restated trust agreement.
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.
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.
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.
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.
The Secretary of the Township shall provide a certified copy
of this chapter upon its enactment to the Board of Trustees of the
Trust.
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[1] and any duly adopted amendments thereto.
[1]
Editor’s Note: The restated trust agreement is on file
in the Township offices.
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.
The Board of Supervisors of Richland Township hereby specifically
finds and determines as follows:
A.
The conditions of the intergovernmental cooperative agreement are
set forth in the restated trust agreement incorporated by reference
herein.
B.
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.
C.
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.
E.
The Trust shall be managed by the Board of Trustees pursuant to the
terms of the restated trust agreement.
F.
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.
G.
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.
The provisions of this chapter are severable and in the event
that any provision is held invalid, void, illegal, or unconstitutional
by any court, it is the intent of the Township that such determination
by the court shall not affect or render void the remaining provisions
of this chapter. It is the declared intent of the Township that this
chapter would have been enacted if any provision subsequently declared
to be void, invalid, illegal or unconstitutional had not been included
at the time of enactment.
Nothing in this chapter shall be interpreted to affect any rights
or liabilities of the Township, or to affect any cause of action,
existing prior to the enactment of this chapter.
This chapter shall take effect five (5) days from the date of
adoption.
This chapter is being enacted pursuant to the provisions of
the Pennsylvania Intergovernmental Cooperation Law, Act of July 12,
1972, No. 180, as amended, 53 Pa.C.S.A. § 2301 et seq.
