Township of Spring, PA Part 3 POLICE DEPARTMENT

A Police Department.

§ 1-301 Establishment of Police Department.

[Ord. 92-1968, 1/22/1968, § 1]

There is hereby established for the Township of Spring a Police Department to exercise all of the rights, duties and privileges and powers as set forth in the Second Class Township Code.

§ 1-302 Chief of Police.

[Ord. 92-1968, 1/22/1968, § 2; as amended by Ord. 103-1968, 5/6/1968, §§ 1, 2; and by Ord. 09-00, 10/2/2000]

The Chief of Police of the Police Department of Spring Township shall be the person who from time to time is designated as such by the Board of Supervisors.

§ 1-303 Township Employees Service Committee.

[Ord. 92-1968, 1/22/1968, § 3]

There is hereby established a Township Employees Service Committee, which shall consist of not less than three nor more than five residents and electors of the Township of Spring, which committee shall be charged with the administration and control of the Police Department and all personnel thereunder, shall prescribe the duties, shall fix the salary for the policemen in conjunction with the specific authority and authorization of the Township Supervisors and shall exercise all the necessary powers over the police force and the policemen. The Township Employees' Service Committee shall also exercise the power and administration over all Township employees and shall be charged by the Supervisors with the responsibility of making investigations and conducting hearings in the event of the proposed dismissal of any of the police officers and employees of the Township. Appointments to said committee shall be made for one-year terms by the Township Supervisors.

§ 1-304 Auxiliary Police.

[Ord. 92-1968, 1/22/1968, § 4]

The Chief of Police is authorized to employ not more than three auxiliary police to assist in carrying out the police functions of the Department for the Township in accordance with the Act of Assembly of the Commonwealth of Pennsylvania, which auxiliary police shall serve at the discretion of the Chief of Police and shall exercise all of the powers and duties as set forth in the Act of Assembly.

§ 1-305 Appropriation of Funds.

[Ord. 92-1968, 1/22/1968, § 5]

There is hereby appropriated from the general funds of the Township to the specific purpose of providing police duty, such amount as may be necessary to defray the expenses of the police in accordance with the terms of the agreement between the Township and the Chief of Police.

B Police Pension Fund.

§ 1-311 Amendment and Restatement of Police Pension Plan.

[Ord. 02-01, 3/4/2002; as amended by Ord. 03-04, 10/6/2003; by Ord. 2005-01, 3/7/2005; by Ord. 2007-01, 1/2/2007; and by Ord. 2009-01, 1/5/2009]

All previous ordinances or resolutions relating to the Spring Township Police Pension Plan with an effective date prior to the adoption date of the amendment and restatement of the plan are hereby repealed with respect to the benefits accruing on or after the amendment and restatement effective date and the attached amendment and restatement of the plan[1] is reenacted.

[1] Editor's Note: The amendment and restatement of the police pension plan and plan's trust fund are on file at the Township offices.

§ 1-312 Police Pension Plan's Trust Fund.

[Ord. 02-01, 3/4/2002]

Be it further ordained and enacted by Spring Township that the previous ordinances and resolutions relating to the plan's trust fund with an effective date prior to the adoption of plan of the amendment and restatement of the trust are hereby repealed and the amendment and restatement of the trust[1] as presented is enacted.

[1] Editor's Note: The amendment and restatement of the police pension plan and plan's trust fund are on file at the Township offices.

§ 1-313 Appointment of Chief Administrative Officer of the Plan and Trustee of the Trust.

[Ord. 02-01, 3/4/2002; as amended by Ord. 02-04, 4/1/2002; and by Ord. 03-04, 10/6/2003]

Terry M. Perryman is hereby appointed the Chief Administrative Officer of the plan and as agent of the employer is authorized and directed to execute the amendment and restatement of the plan as submitted. Weinken and Associates is hereby confirmed as the trustee of the trust.

§ 1-314 Appointment of Investment Manager and Trustee of the Police Pension Plan.

[Ord. 02-04, 4/1/2002]

Weinken and Associates is appointed Investment Manager and the Township of Spring, acting through the Board of Supervisors, is appointed trustee of the pension plan.

§ 1-315 Police Pension Plan Amendments.

[Ord. 2011-02, 1/3/2011; as amended by Ord. 2011-05, 11/7/2011; and by Ord. 2014-02, 11/3/2014]

1. 2009 Compliance Amendment to the Spring Township Police Pension Plan. As authorized by Section 9.2 of the Spring Township Police Pension Plan ("Plan") as amended and restated effective January 1, 2008, the employer, Spring Township, 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 October 9, 2009.
	THIRD:	Remaining Plan Provisions. All other provisions of the Plan remain in full force and effect.

2. 2011 Heart Compliance Amendment to the Spring Township Police Pension Plan. As authorized by Section 9.2 of the Spring Township Police Pension Plan ("Plan") as amended and restated effective January 1, 2008, the employer, Spring Township, hereby amends the Plan to comply with the law and regulatory changes effective as of or prior to the 2011 plan year and now required to be incorporated into the Plan. 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:	USERRA Break in Service. Section 1.10 is amended to comply with the Heroes Earning Assistance and Relief Tax Act of 2008 (HEART) with respect to deaths occurring on or after January 1, 2007. As amended, Section 1.10(e) shall contain a final paragraph that shall read as follows:
		Effective with respect to deaths occurring on or after January 1, 2007, in the case of a participant who dies while performing qualified military service, the beneficiary(ies) of the participant shall be entitled to any benefits payable under Sections 4.1 and 4.2(b) and (c) that would have been payable had the participant resumed and then terminated employment on account of death. Years of vesting service shall be credited under this provision for purposes of determining the amount of any death benefit payable.
	SECOND:	IRC Section 402(f) Notice Period. Effective for notices issued on or after January 1, 2007, Section 6.2(d)(2) is amended to comply with the Pension Protection Act of 2006 by reflecting that a participant's written notice of his eligible rollover distribution rights as required under IRC Section 402(f) may be given as much as 180 days before the annuity starting date. As amended, the first paragraph of Section 6.2(d)(2) shall read as follows:
		Effective for distributions made on or after January 1, 1993, for any distribution in excess of $200 that may be paid in the form of a lump sum, the plan administrator shall give the participant written notice of his eligible rollover distribution rights as required under IRC Section 402(f) no less than 30 days and no more than 180 days (90 days for notices issued before January 1, 2007) before the annuity starting date with respect to the distribution. Effective for distributions made on or after January 1, 1994, such distribution may commence less than 30 days after the notice is given, provided that:
			* * *
	THIRD:	Definitions (IRC Section 415 Limitations) — Compensation. Effective for limitation years beginning on or after July 1, 2007, Section 7.1(e)(3) is amended to comply with the final regulations issued under IRC Section 415 with respect to the treatment of severance compensation following a termination of employment. Effective for limitation years beginning on or after January 1, 2009, Section 7.1(e)(3) is amended to comply with IRC Section 414(u)(12) as added by the Heroes Earnings Assistance and Relief Tax Act of 2008 (HEART) regarding differential wage payments. As amended, Section 7.1(e)(3) shall contain the following additional paragraphs that shall read as follows:
		In order to be taken into account for a limitation year, compensation must be paid or treated as paid prior to severance from employment with the employer. Effective for limitation years beginning on or after July 1, 2007, an includable payment shall be treated as paid prior to severance from employment if it is paid by the later of 2 1/2 months after severance or the last day of the calendar year that includes the severance date. For this purpose, includable payments are those that absent the severance would have been paid and are regular compensation for services during regular working hours or outside working hours (such as overtime or shift differentials), commissions, bonuses, or other similar compensation. Includable payments shall also include accrued sick, vacation, or other leave if such payments would have been included in compensation as defined in Section 1.3 if they were paid prior to the employee's severance from employment.
		For limitation years beginning after December 31, 2008, compensation for a limitation year shall include amounts paid as differential wages to a participant on qualified military service leave of more than 30 days and otherwise meeting the requirements of IRC Section 3401(h)(2).
	FOURTH:	Effective Date of Amendment. These amendments are effective as provided herein.
	FIFTH:	All other provisions of the Plan remain in full force and effect.

3. 2014 Compliance Amendment to Spring Township Police Pension Plan. As authorized by Section 9.2 of the Spring Township Police Pension Plan ("Plan") as amended and restated effective January 1, 2008, the employer, Spring Township, hereby amends the Plan to comply with certain law and regulatory changes effective as of the 2013 and 2014 plan years not otherwise incorporated into the Plan. 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:	Spouse. In response to the overturning of the Defense of Marriage Act, 110 Stat. 2419, section 3 by the Supreme Court in United States v. Windsor and in response to the subsequent ruling in Deb Whitewood, et al v, Michael Wolf that 23 Pa.C.S. sections 1102 and 1704 are unconstitutional, Section 1.8(c) is amended to redefine the definition of "spouse" for purposes of the Plan. As amended, Section 1.8(c) shall read as follows:
		(c)	Spouse means the person married to the participant at the time of the determination as evidenced by a marriage license valid under the laws of the place of issuance.
	SECOND:	Effective Date. This amendment is effective as of May 20, 2014.
	THIRD:	Remaining Plan Provisions. All other provisions of the Plan remain in full force and effect.