[Ord. 791, 12/20/2000; as amended by Ord. 809, 11/7/2001; and by Ord. 891, 8/6/2008]
1. 
The Borough Council of the Borough of Stroudsburg approves and adopts the following revised Stroud Area Regional Police Department Police Pension Plan, including the DROP provisions (including release), the QDRO provisions, and the Act 30 changes, as set forth herein:
A. 
The "whereas" provisions of this ordinance are incorporated with the Police Pension Plan as if fully set forth.[1]
[1]
Editor's Note: The "whereas" provisions of the ordinance adopting this Part are on file in the Borough offices.
B. 
The existing Stroud Area Regional Police Department Police Pension Plan is amended in its entirety to read as set forth in Exhibit A.[2]
[2]
Editor's Note: Exhibit A is on file in the Borough offices.
C. 
The DROP Release attached as Exhibit B is hereby adopted and will thereafter be attached as an Exhibit A to the SARPD Police Pension Plan.[3]
[3]
Editor's Note: Exhibit B is on file in the Borough offices.
D. 
All provisions of the existing SARPD Police Pension Plan which are inconsistent herewith are hereby repealed.
E. 
The provisions of this Part are severable. If any sentence, clause, section or part of this Part is for any reason found to be illegal, invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such decision or holding of the court shall not affect or impair the validity of the remaining provisions, sentences, clauses, sections or parts of this Part. It is hereby declared as the intent of Council that this Part would have been adopted had such illegal, invalid or unconstitutional sentence, clause, section or part thereof not been included therein. Furthermore, it is the intent of this Part not to be contrary to any established laws or regulations of the Commonwealth of Pennsylvania regarding municipal police pension plans.
F. 
This Part shall be effective in five days.
[Ord. 917, 5/5/2010, §§ 1, 2]
1. 
The "whereas" provisions of this ordinance are incorporated with the Police Pension Plan as if fully set forth.[1]
[1]
Editor's Note: The "whereas" provisions of the ordinance adopting this Part are on file in the Borough offices.
2. 
The following pages of said Plan are revised, or added, as the case may be, to reflect the amendment, or addition, of the following sections:
Page
Section
Change
Effective Date
(a)
15
4.5(a)
The following language was deleted in its entirety: "However a Death Benefit under this section shall not be paid if the police officer's Beneficiaries are entitled to receive a Killed in Service Death Benefit under subsection (c)."
(b)
16
4.5(c)
The language in 4.5(c) is deleted in its entirety and replaced with the following language: "Repealed; the Killed in Service Death Benefit is deleted from this Police Pension Plan in its entirety."
(c)
16
4.5(d)
The term "Killed in Service Death Benefit" is deleted from 4.5(d) in its entirety.
Said pages, as revised and amended, are attached hereto[2] and made a part thereof.
[2]
Editor's Note: Pages are on file in the Borough offices.
[Ord. 976, 10/16/2013]
1. 
The "whereas" provisions of this ordinance, are incorporated herein as if fully set forth.[1]
[1]
Editor's Note: The "whereas" provisions of the ordinance adopting this Part are on file in the Borough offices.
2. 
The Stroud Area Regional Police Department Nonuniformed Employees Money Purchase Pension is hereby renamed the Nonuniformed Employees Pension Plan, and the Plan document for such Nonuniformed Employees Pension Plan, as amended and restated and attached hereto as Exhibit A,[2] is hereby approved and adopted. The provisions of the prior SARPD Nonuniformed Employees Pension Plan are repealed to the extent that they are in conflict or inconsistent with the amended and restated provisions as adopted herein.
[2]
Editor's Note: Exhibit A is on file in the Borough offices.
3. 
The actions of the SARPD Nonuniformed Employees Pension Board, or its designees, in the negotiating, maintaining, and operating the Nonuniformed Employees Pension Fund pending finalization of the amended and restated Nonuniformed Employees Pension Plan document are hereby approved and ratified. Stroud Area Regional Police Commission in revising the Plan document are hereby approved and ratified.
4. 
The actions of the Stroud Area Regional Police Commission (SARPC) in revising the amended and restated Nonuniformed Employees Pension Plan document and negotiating with the Municipal Retirement Trust of the Pennsylvania State Association of Boroughs (MRT-PSAB) to allow the Nonuniformed Employees Pension Plan to participate in the MRT-PSAB is approved and ratified and the Stroud Area Regional Police Commission shall continue as agent of the participating municipalities to implement and administer the Pension Plan as amended and restated.
5. 
The MRT-PSAB, having complied with the provisions of Act 44, is appointed to be Investment Manager and Custodian of the SARPD Nonuniformed Employees Pension Plan. The MRT-PSAB shall serve at the pleasure of the SARPC and the position of Investment Manager and Custodian may be changed by resolution of the SARPC enacted in accordance with applicable law.
6. 
This Part is adopted conditioned upon the Borough of East Stroudsburg and the Township of Stroud taking the same action, and shall become effective on the latest effective date that either of the governing bodies of the above municipalities takes action to adopt this same amended and restated Pension Plan document by ordinance.
7. 
The effective date of the amended and restated SARPD Nonuniformed Employees Pension Plan for actuarial and tax purposes is established as January 1, 2013.