[HISTORY: Adopted by the Borough Council of the Borough of
Kittanning as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-1-2006 by Ord.
No. 437-2006]
The Borough of Kittanning Police Pension Plan ("plan"), which
is established under the provisions of Pub. Law 1804, 53 P.S. § 767
et seq. (sometimes referred to as "Act 600"), for the benefit of the
Borough's police officers that shall be amended and restated hereafter
from time to time is hereinafter set forth.
Any ordinances, resolutions or parts thereof, which conflict
with the provisions of this article shall be, and the same are, hereby
repealed so far as they shall affect this article. Such repeal shall
not affect any act done or any right or liability accrued under any
such ordinance or resolution which shall be hereunder repealed or
superseded and all such rights or liabilities shall continue and may
be enforced in the same manner as if such repeal had not been made
but only to the extent otherwise permitted under the laws of the Commonwealth
of Pennsylvania.
Effective January 1, 2006, the plan shall be amended and restated
as set forth, in the following manner.[1]
[1]
Editor's Note: The 2006 plan is included as an attachment
to this chapter. The pension plan, as amended by subsequent ordinances,
is on file in the Borough office.
[Adopted 2-7-2022 by Ord. No. 546-2021[1]]
[1]
Editor's Note: This ordinance also superseded former Art.
II, Nonuniform Pension Plan, adopted 11-2-2020 by Ord. No. 539-2020.
Kittanning Borough (the Borough), having established a Nonuniform
Pension Plan administered by the Pennsylvania Municipal Retirement
System (the System), hereby elects to amend its Nonuniform Pension
Plan administered by the System in accordance with Article IV of the
Pennsylvania Municipal Retirement Law, 53 P.S. § 881.101
et seq. (Retirement Law), and does hereby agree to be bound by all
the requirements and provisions of the Retirement Law and the Municipal
Pension Plan Funding Standard and Recovery Act, 53 P.S. § 895.101
et seq., and to assume all obligations, financial and otherwise, placed
upon member municipalities.
As part of this article, the Borough agrees that the System
shall administer and provide the benefits set forth in the amended
Nonuniform Pension Plan document entered into between the Pennsylvania
Municipal Retirement Board and the Borough effective as of the date
specified in the adoption agreement (the contract).
The Borough acknowledges that by passage and adoption of this
article, the Borough officially accepts the contract and the financial
obligations resulting from the administration of the contract.
Payment for any obligation established by the adoption of this
article and the contract shall be made by the Borough in accordance
with the Retirement Law and the Municipal Pension Plan Funding Standard
and Recovery Act.[1] The Borough hereby assumes all liability for any unfundedness
created due to the benefit structure set forth in the contract.
[1]
Editor's Note: See 53 P.S. § 881.101 et seq. and
53 P.S. § 895.101 et seq., respectively.
The Borough intends this article to be the complete authorization
of the contract, as amended, and it shall become effective as of the
date specified in the adoption agreement, which is the effective date
of the contract, as amended.
A duly certified copy of this article and an executed contract
shall be filed with the System.
