[Ord. 956, 6/8/1981, § 1]
Unless otherwise expressly stated, the following terms shall
have for the purpose of interpreting this Plan the meaning set after
them:
A person skilled in calculating the value of life interest,
annuities and insurances, who shall have been retained by Council
to advise them upon the establishment, regulation and maintenance
of the Pension Fund.
The Police Pension Fund of the Borough of Bristol.
A regularly appointed full-time police officer of the Borough
of Bristol.
The four persons appointed by Borough Council to administer
the Fund established by this Plan. Said trustees shall serve at the
pleasure of Borough Council.
[Ord. 956, 6/8/1981, § 2]
The Borough hereby establishes and creates a Police Pension
Fund to be maintained by a charge against each member of the police
force, by annual appropriations to be made by the Borough, by payments
made by the State Treasurer to the Borough Treasurer from the monies
received from taxes paid upon premiums by foreign casualty insurance
companies for purposes of pension retirement for policemen, by gifts,
grants, devises or bequests granted to the Pension Fund, and by transfer
of funds from the police pension fund heretofore existing.
[Ord. 956, 6/8/1981, § 3]
All regularly appointed full-time police officers of the Borough
of Bristol are members of the Fund.
[Ord. 956, 6/8/1981, § 4]
Any member of the Borough police force who has been a regularly
appointed employee of the Borough for a period of at least six months,
and who thereafter shall enter into the military service of the United
States, shall have credited to his employment record for pension or
retirement benefits, all of the time spent by him in such military
service, if such person returns or has heretofore returned to his
employment within six months after his separation from the service.
[Ord. 956, 6/8/1981, § 5]
Borough Council shall have the right to grant leaves of absence
for a period of not more than six months; such absences shall be credited
to the member's employment record for pension purposes.
[Ord. 956, 6/8/1981, § 6]
Each member who has completed total service of 25 years in the
aggregate and has attained the age of 55 years may then retire from
active service, and such members as are retired shall be subject to
service, from time to time, as a police reserve, in case of riot,
tumult, or preservation of the public peace until unfitted for such
service, when they may be finally discharged by reason of age or disability.
[Ord. 956, 6/8/1981, § 7, as amended by Ord. 1037,
12/27/1988; by Ord. 1160, 6/11/2001; by Ord. 1236, 4/9/2007; and by
Ord. 1291, 10/10/2012]
1.
Any member who has completed at least 25 years of total service in
the aggregate, and attained the age of 50 years, upon retiring from
active service shall receive a monthly pension for life in an amount
equal to 1/2 of the average monthly salary of such member during the
last 36 months of employment.
2.
An early retirement benefit shall be provided to a member of the
police force with 20 or more years of service.
A partial superannuation retirement benefit shall be determined
by applying the percentage that the member's years of service bear
to the years of service that the member would have rendered had the
member continued to be employed until his superannuation retirement
date to the gross pension amount calculated using the monthly average
salary during the appropriate period prior to his termination of employment.
The actuarial equivalent of the partial superannuation retirement
benefit shall be determined by actuarially reducing the partial superannuation
retirement benefit to reflect that it will commence on the effective
date of the early retirement rather than on the date on which the
member would have completed superannuation age and service requirements.
The actuarial reduction shall be calculated using the actuarial assumptions
reported in the last actuarial valuation report filed with the Public
Employee Retirement Commission under the act of December 18, 1984,
P.L. 1005, No. 205, 53 P.S. § 895.101 et seq., known as
the "Municipal Pension Plan Funding Standard and Recovery Act."
[Ord. 956, 6/8/1981, § 8; as amended by Ord. 1037,
12/27/1988; by Ord. 1064, 5/13/1991; and by Ord. 1291, 10/10/2012]
Members shall pay into the fund, monthly, an amount equal to
6% of their monthly salaries as approved by Council by resolution
on a yearly basis.
[Ord. 956, 6/8/1981, § 9]
Payments under the provisions of this Plan shall not be a charge
on any other fund in the Borough treasury or under its control save
the Police Pension Fund.
[Ord. 956, 6/8/1981, § 10]
The Borough may retain an actuary to determine its liability
to the Fund, and to advise the Council and the Police Pension Fund
Committee and the trustees regarding the maintenance of the Fund and
the placing of the insurance contracts.
[Ord. 956, 6/8/1981, § 11]
Any member who, for any reason whatsoever, shall be ineligible
to receive a pension after having contributed any charges to the Fund
hereby established or to the prior police pension fund hereby supplanted,
shall be entitled to a refund of all such moneys paid by him into
such funds immediately upon discontinuance in his employment with
the police force. If such discontinuance is due to his death, such
moneys shall be paid to his designated beneficiary or, in the absence
thereof, to his estate.
[Ord. 956, 6/8/1981, § 12]
No person participating in this Fund who has become entitled
to receive a benefit therefrom shall be deprived of his right to an
equal proportionate share therein upon the basis upon which he first
became entitled thereto.
[Ord. 956, 6/8/1981, § 14]
Each member shall designate in writing to Borough Council, the
trustees, or any insurer, the person or persons to whom any benefits
to which he is entitled upon his death, shall be paid.
[Ord. 956, 6/8/1981, § 15]
Council shall by resolution designate the trustees to hold,
manage, invest and distribute the Fund in accordance with this Plan.
[Ord. 956, 6/8/1981, § 16]
The pension payments herein provided shall not be subject to
attachment, execution, levy, garnishment or other legal processes
and shall be payable only to the member or his designated beneficiary
and shall not be subjected to assignment or transfer.
[Ord. 956, 6/8/1981, § 17]
The Borough shall annually appropriate a sum to defray the expense
of the administration of the Police Pension Fund, including the fee,
if any, of the actuary and the custodian of the Fund.
[Ord. 956, 6/8/1981, § 18]
The Police Pension Fund of the Borough of Bristol heretofore
established shall continue in full force and effect except that same
is hereby amended to comply with the terms and conditions set forth
herein.
[Ord. 956, 6/8/1981, § 19; as amended by Ord. 984,
4/16/1984; by Ord. 1018, 3/9/1987; by Ord. 1037, 12/27/1988; by Ord.
1064, 5/13/1991; and by Ord. 1236, 4/9/2007]
A member's average basic monthly salary for his last 36 months
employment on the police force in active-duty status. Such basic monthly
salary shall include overtime pay, court time pay, vacation pay, holidays,
sick pay, longevity increments, and other direct monetary compensation,
but not including any reimbursement of expenses.
The Police Pension Fund Committee consisting up to five Borough
residents one of whom shall be a member of the police force appointed
annually by Borough Council. The Committee shall adopt rules and regulations
necessary to create and administer the Police Pension Fund hereby
created, and to assist Borough Council in its choice of the actuary
and trustee who shall perform the various duties hereinafter described.
The Committee shall serve only in an advisory capacity to Borough
Council and all actions in connection with the Police Pension Fund
shall be at the direction and undertaken by Borough Council.
The state of being totally and permanently disabled which
prevents the member from performing his principal duties of his regular
occupation. The Committee will select a physician to determine whether
disability exists and may require medical examinations at regular
intervals when a disability does exist.
Any person who is employed in active-duty status by the police
force or any person who has previously been employed by the police
force and who by reason of age and service or disability has become
eligible for and is receiving benefits of any nature under this Plan.
The Borough of Bristol police force.
Describing the disability or death of a member who suffered
such disability or death directly as the result of an injury sustained
while he was on duty and acting within the realm of his responsibilities
while on duty on the police force.
[Ord. 956, 6/8/1981, § 20; as amended by Ord. 1037,
12/27/1988; by Ord. 1079, 2/8/1993; by Ord. 1095, 6/12/1995; and by
Ord. 1233, 2/12/2007; and by Ord. 1236, 4/9/2007]
1.
The Police Pension Fund shall be supported by:
A.
Members shall contribute 2 1/2% of his total monthly compensation
to the fund in 2002, 2003, 2004, 2005 and 2006. Members shall not
be required to contribute to the pension plan beginning on January
1, 2007.
B.
Payments from the State Treasury based on taxes paid upon premiums
by foreign casualty insurance companies. The payments shall be applied
as follows:
C.
Payments by the Borough Council.
[Ord. 956, 6/8/1981, § 21; as amended by Ord. 1037,
12/27/1988; by Ord. 1064, 5/13/1991; by Ord. 1095, 6/12/1995; by Ord.
1160, 6/11/2001; by Ord. 1236, 4/9/2007; and by Ord. 1291, 10/10/2012]
1.
In computing the time served by a member of the police force:
A.
Each member shall receive full credit for his service on the police
force prior to the effective date of this Plan.
B.
Any member who has served on the police force at least six months
shall receive credit for any time spent on active duty in the military
service in the United States, provided he rejoins the Borough police
force within six months of his release from active duty.
2.
Any member who incurs a service-connected disability shall receive
monthly benefits equal to 60% of his salary at the time of the disability.
A member is entitled to receive benefits hereunder regardless of his
term of service with the police force.
[Amended by Ord. No. 1354, 4/4/2022]
A.
For the purposes of this section, salary shall be defined as the
annual salary of the officer, including longevity but expressly excluding
overtime and the lump sum payment of sick leave, at the time the office
is honorably discharged or otherwise qualifies for the disability
annuity.
B.
In no event shall a member qualify for disability benefits hereunder
if his disability is intentionally self-inflicted or is caused by
addiction to narcotics, drugs or alcohol.
C.
All disability payments under this section shall be reduced by any
Social Security benefits received for the same injury.
[Ord. 956, 6/8/1981, § 22; as amended by Ord. 1037,
12/27/1988; by Ord. 1064, 5/13/1991; by Ord. 1160, 6/11/2001; by Ord.
1236, 4/9/2007; by Ord. 1243, 10/9/2007; and by Ord. 1291, 10/10/2012]
1.
Upon the death of a member who was receiving a pension or would have
been receiving a pension had he been retired at the time of his death,
the following benefits shall be payable:
A.
To the surviving "spouse" of the police employee there will be paid
a monthly pension commencing as of the first day of the month next
following the date on which the police employee's death occurred and
terminating as of the first day of the month in which the surviving
"spouse" of the police employee dies, that sum equal to 1/2 or 50%
of the monthly pension benefit including the longevity pay provision
which was then being paid to the retired police employee or which
would have otherwise been payable to the police employee had he or
she been qualified for benefits as above provided under the retirement
or disability pension plan as of the date on which the police employee's
death occurred.
B.
In the event of a police officer who is killed in the line of duty,
the surviving "spouse" of the police officer shall be entitled to
those benefits provided by the Commonwealth of Pennsylvania pursuant
to Pennsylvania Act 51, or any successor legislation.
C.
If the police employee should die without leaving a "spouse" to survive
him or her, then there will be paid a monthly pension to the guardian
of the estate of each surviving dependent child of the police employee,
and included in the definition of "dependent child" of the police
employee shall be those step children who had resided in the same
household of the police employee as of the date of his or her death,
and any adopted children, commencing as of the first day of the month
which next follows that date on which the police employee's death
occurs, or his or her spouse dies and terminating on the first day
of the month in which the dependent child either dies, or attains
the age of 18 years or age 23 if the child is attending college, whichever
event first occurs. The monthly pension benefit shall be proportionately
allocated to each dependent child the total amount of which will not
exceed 50% of the monthly pension benefit that was then being paid
to the police employee or which would have been payable to the police
employee had he or she been qualified to receive benefits, as above
provided under the pension plan and as determined as of the date on
which the police employee's death occurred In accordance therewith
the aggregate payment of the monthly dependent child benefit payments
hereunder may not exceed the monthly benefit that was then being paid
to the police employee's surviving "spouse," or which would have been
payable to the police employee's surviving "spouse" if one would have
survived or qualified. "Attending college" shall mean the eligible
children are registered at an accredited institution of higher learning
and are carrying a minimum course load of seven credit hours per semester.
D.
As each dependent child attains the age of 18 years of age or age
23 if the child is attending college, and becomes ineligible for the
pension benefit provided, that child's share will be allocated among
and become payable to the remaining dependent children who do qualified
hereunder. It is understood that the monthly pension benefit formerly
paid to the guardian of the estate for a dependent child who either
dies or has attained the age of 18 years or age 23 if the child is
attending college, will then be divided among the remaining surviving
dependent children who are then eligible for such benefits in order
that the monthly benefit of the remaining dependent children will
be increased equally; provided, however, that no such increased benefit
may exceed the monthly pension which would have been payable hereunder.
The aggregate monthly dependent child benefit shall not exceed the
monthly spousal benefit that either had been paid to the spouse or
would have been payable.
[Ord. 956, 6/8/1981, § 23; as amended by Ord. 1037,
12/27/1988]
If any member severs his employment with the police force, voluntarily
or involuntarily, before he becomes eligible to receive any benefits
under this Plan, he shall be paid from the assets of the Police Pension
Fund hereby created an amount equal to his total mandatory contributions
while he was a member with 6% interest while such money was in the
Police Pension Fund. The payment provided herein shall be in lieu
of any other payment or liability of the Police Pension Fund to such
member upon her severing of employment with the police force. If such
discontinuance is due to death, such moneys shall be paid to his designated
beneficiary or, in the absence thereof, to his estate.
[Ord. 956, 6/8/1981, § 24]
Council hereby terminates its Police Pension Fund Contract with
Pacific Mutual Life Insurance Company effective July 1, 1970, and
directs that the Borough Manager give written notice thereof together
with a notice directing said Company to transfer to the trustee hereinafter
appointed the accumulated present value of said fund held by said
Company as of July 1, 1970; provided, however, the Group Life Coverage
thereunder shall remain in full force and effect and Borough shall
continue making premium payments for life coverage.
[Ord. 956, 6/8/1981, § 25]
The Fidelity Bank is hereby appointed trustee to hold, invest
and administer all the assets of the Police Pension Fund in accordance
with the terms of the plan. The officers of Council are hereby authorized
and directed to enter into an agreement with said trustee including
payment of compensation to trustee for its services hereunder. Upon
receipt by trustee of the accumulated present value as hereinbefore
provided, trustee shall release to the Borough of Bristol the excess
over the accrued liability as determined by the actuary hereinafter
appointed for use by Borough in making deposits to the Fund required
of Borough.
[Ord. 956, 6/8/1981, § 26]
Alexander and Alexander of Philadelphia, Pennsylvania, is hereby
appointed actuary to make the various calculations from time to time
necessary under this Plan required to properly fund and administer
the Police Pension Fund. The officers of Council are hereby authorized
and directed to enter into an agreement with said actuary including
payment of compensation to actuary for its services hereunder.
[Ord. 956, 6/8/1981, § 27]
No portion of the assets of the Police Pension Fund created
under this Plan shall be subject to voluntary or involuntary assignment
by any member nor shall such assets be subject to attachment or any
other legal process.
[Ord. 956, 6/8/1981, § 28; as amended by Ord. 1079,
2/8/1993; and by Ord. 1095, 6/12/1995]
The expenses of administration of the plan, including the compensation
of the actuary and the trustee, shall be paid from the Police Pension
Fund.
[Ord. 956, 6/8/1981, § 29]
It is the purpose of this Plan to implement and supplement the
various Acts of the Pennsylvania General Assembly, adopted and amended
from time to time, at present contained in the Act of 1957, July 10,
P.L. 676, as amended, 53 P.S. § 767 et seq., and which may
from time to time be enacted and/or amended subsequent to the date
hereof; any such changes mandated by Acts of the Pennsylvania General
Assembly, becoming effective subsequent to the effective date hereof
shall be deemed automatically adopted and included under this plan
and shall automatically be incorporated herein.
[Ord. 956, 6/8/1981, § 30 as amended by Ord. 1095,
6/12/1995]
In addition to the monthly pension allowances, a police employee
who has 25 years of service with the Borough will for each year of
service rendered in excess of 25 years receive a length of service
increment to their pension of $50 per month for each year of service
in excess of 25 years up to a maximum benefit of $100.
[Ord. 956, 6/8/1981, § 31]
In addition to the other monthly allowances, each member shall
be entitled to a cost of living increase. Such cost of living increase
shall be equal to the percentage increase in the Consumer Price Index
from the year in which the member last worked. Provided, however,
that in no one year shall the cost of living increase exceed 4%. Provided,
further, that in no case shall the total Police Pension Benefits exceed
75% of the salary for computing retirement benefits; and, provided,
further, that the total cost of living increase shall not exceed 30%.
No cost of living increase shall be granted which would impair the
actuarial soundness of the Pension Fund.
[Ord. 956, 6/8/1981, § 32]
Should a member before completing superannuation retirement
age and service requirements but after having completed 12 years of
total service, for any reason cease to be employed as a full-time
member by the Borough of Bristol, said member shall be entitled to
vest his retirement benefits by filing with the Borough Manager within
90 days of the date he ceases to be a full-time police officer a written
notice of his intention to vest. Upon reaching the date which would
have been his superannuation retirement date if he had continued to
be employed as a full-time police officer said member shall be paid
a partial superannuation retirement allowance determined by applying
the percentage his years of service bears to the years of service
which he would have rendered had he continued to work until his superannuation
retirement date to the gross pension, using, however, the monthly
average salary during the appropriate period prior to his termination
of employment.
[Ord. 956, 6/8/1981; as added by Ord. 1075A, 8/10/1992]
If a member leaves the employment of the police force and receives
a reimbursement of his contribution to the pension fund, such member
shall be entitled to reimburse the pension fund for his previous contributions
if the member is rehired by the Borough as a member of the police
force, upon reimbursement of the prior contributions with interest
at the rate of 4% per annum, the member shall be entitled to credit
the former length of service during his prior employment for all pension
purposes.
[Ord. 956, 6/8/1981; as added by Ord. 1084, 9/13/1994]
1.
A member of the police force who had been [a] regularly appointed
member of the police force for a period of six months and who shall
thereafter enter into the military service of the United States shall
have credited to his employment record for pension or retirement benefits
all the time spent by him in such military service, if such person
returns or has heretofore returned to his employment within six months
after separation from military service.
2.
A member of the police force may receive full credit service for
each year of military service, or a fraction thereof, not to exceed
five years, if the member was not an employee prior to the military
service. The amount due for purchase of credit for military service
other than intervening military service shall be computed by applying
the average normal cost rate for Borough pension plans as certified
by the Public Employee Retirement Study Commission, but not to exceed
10%, to each member's average annual rate of compensation over the
first three years of municipal service and multiplying the result
by the number of years and fractional part of a year of credible non-intervening
military service being purchased together with interest at the rate
of 4 3/4% compounded annually from the date of initial entry
into municipal service to the date of payment.
