[Adopted 2-17-2015 by Ord. No. 2015-5]
The Board of Supervisors hereby 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 of Supervisors 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. The
Restated Trust Agreement shall remain on file for inspection and review
at the Township's offices at 1039 Wilmington Pike, West Chester,
PA 19382, during normal business hours. 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 obtaining high-quality, cost-effective medical,
prescription, dental, life, disability, vision and/or other employee
welfare benefit insurance at a reasonable cost to the Township and
its employees.
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. That each participating employer, as that term is defined in the
Restated Trust Agreement, must meet the admission and eligibility
requirements set forth therein;
B. 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
C. That 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 February 22, 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 article upon its enactment to the Board of Trustees of the
Trust.
The Township Manager is hereby authorized to take any and all
such other actions as may be necessary or appropriate to carry out
the purposes of this article and comply with the requirements of the
Restated Trust Agreement and any duly adopted amendments thereto.
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 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 at least 90 days in advance to become effective
on either June 30 or December 31 of a given plan year; or in the case
of an initial year of participation in the Trust shall participate
for a minimum of one year.
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.
D. The manner and extent of financing of the Restated Trust Agreement
are that:
(1) Funds to implement the Township's obligations under the Restated
Trust Agreement shall come from the normal and usual budgeted amounts
for Township employee compensation and employee benefits; and
(2) No borrowing is anticipated to be required.
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 employee and dependents.
This article 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. §§ 2301, et seq.