Borough of Emmaus, PA C Police Pension Plan.

§ 1-731 Establishment of Police Pension Plan.

[Ord. 1051, 2/2/2009]

The amended and restated plan, which is attached hereto as Exhibit A[1] involving the Borough of Emmaus Police Pension Plan, is enacted. President of Borough Council, as an agent of the employer, is authorized and directed to execute the attached amended and restated plan.

[1] Editor's Note: Exhibit A, the "Borough of Emmaus Police Pension Plan," as amended, is on file in the Borough office.

§ 1-732 Police Pension Plan Amendments.

[Ord. 1065, 1/18/2010]

As authorized by Section 9.2 of the Borough of Emmaus Police Pension Plan ("Plan") as amended and restated effective January 1, 2008, the employer, Borough of Emmaus, hereby amends the Plan to comply with Act 600 of 1956, as amended by Act 51 of 2009, the Emergency and Law Enforcement Personnel Death Benefits Act. This amendment shall be effective as provided herein. This amendment shall supersede the provisions of the Plan to the extent those provisions are inconsistent with the provisions of this amendment. The employer hereby amends the Plan in the following manner:

	FIRST: Repeal of Killed-in-Service Benefit. Section 4.2(a) and (b) are amended to remove the killed-in-service benefit. As amended, Section 4.2(a) and (b) shall read as follows:
		(a)	Killed-in-Service Benefit - Effective with respect to deaths occurring on or after October 9, 2009, the killed-in-service death benefit shall no longer be payable under this Plan or by the employer. A deceased participant's surviving spouse or eligible child who is eligible to receive such benefit due to the qualifying death of the participant on or after April 17, 2002, and prior to October 9, 2009, shall continue to receive the benefit as formerly awarded.
		(b)	Survivor Benefit - If a retired or disabled participant who is receiving a pension benefit dies or if a participant dies after satisfying the requirements for retirement, whether or not he had previously terminated employment, the participant's surviving spouse or eligible child (if any and as further described in Section 4.1(c)) shall receive a benefit equal to 50% of the retirement benefit that the participant was receiving or would have been receiving if the participant had been retired on the date of death.
	SECOND: Effective Date. This amendment is made effective as of January 4, 2010.
	THIRD: Remaining Plan Provisions. All other provisions of the Plan remain in full force and effect.