[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:
ACTUARY
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.
FUND
The Police Pension Fund of the Borough of Bristol.
MEMBER
A regularly appointed full-time police officer of the Borough of Bristol.
TRUSTEE
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]
BASE SALARY
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.
COMMITTEE
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.
DISABLED
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.
MEMBER
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.
POLICE FORCE
The Borough of Bristol police force.
SERVICE-CONNECTED
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:
(1) 
To reduce the unfunded past services liability and after such liability has been funded.
(2) 
To reduce the amount obligation of the Borough for future service cost, or to the extent that the payment may be in excess or such obligation to reduce any required police officer contributions.
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.