[HISTORY: Adopted by the Borough Council of the Borough of
Lemoyne as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-6-1991 by Ord.
No. 595 (Ch. 1, Part 7A, of the 1984 Code of Ordinances)]
The Police Pension Trust Fund previously ordained and in existence,
is hereby continued under the authority of the Act of May 29, 1956,
P.L. (1955) 1804 (hereafter referred to as "Act 600"),[1] as amended, and any other statutes now or hereafter pertaining
or applicable hereto and any ordinance and resolution that may be
lawfully enacted for the purpose hereof. Such fund shall be under
the direction of the Borough of Lemoyne (hereinafter "Lemoyne") who
shall be the "Trustee" of the plan, and shall be applied under such
regulations as Lemoyne may prescribe.
[1]
Editor's Note: See 53 P.S. § 761 et seq.
Each full-time police officer now or hereafter employed by Lemoyne
shall be eligible to participate and shall be a participating in Lemoyne's
Police Pension Plan in which the Principal Mutual Life Insurance Company
is the "insurer" and signed by Lemoyne on the second day of May 1991
(hereinafter referred to as the "plan"). Full-time officers are defined
as those not working less than 40 hours per week at a definite salary
or wage.
Each participant who has been an employee of Lemoyne as a police
officer for 25 years in the aggregate and who has attained the age
of 50 years may retire and shall, upon his or her actual retirement
from employment with Lemoyne, be entitled to receive pension or retirement
benefits as are hereinafter provided and as are provided in the plan.
Any member of the police force employed by Lemoyne who has been
a regular appointed policeman of Lemoyne 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.
Each participating police officer (a "participant") shall contribute
between 5% and 8% of his compensation as determined annually by Lemoyne.
Any member of the police force who, for any reason whatsoever, shall
be ineligible to receive a pension after having made any contributions
to a Lemoyne Borough Police Pension Fund established pursuant to the
provisions of the Act 600, shall be entitled to a refund of all such
monies paid by him into such fund; plus interest earned on such monies
calculated at the rate of 5%, upon discontinuance of his employment
with the police force. If such discontinuance is due to death, a refund
of such money with interest as determined above, shall be made to
his designated beneficiary or, in the absence thereof, to his estate.
If a participant is killed in service with Lemoyne and is survived
by a spouse or a dependent child, that monthly death benefit set forth
in the plan will be paid to the participant's spouse or will be paid
to the appropriate person responsible (as determined by Lemoyne) for
the principal support of a dependent child as set forth in said plan.
The pension and retirement benefits shall be payable during
the balance of that participant's life who receives an honorable discharge
from the police force by reason of age and service. The monthly benefit
will be a sum equal to 50% of the average monthly salary of the participant
during the last 36 months of his or her employment.
The payments by the State Treasurer to the Lemoyne Treasurer
from the monies received from taxes paid upon the premiums of foreign
casualty insurance companies or for any other source for purposes
of pension retirement shall to the extent necessary be used in the
following order:
The monthly contributions of the participants may be reduced
or eliminated if any actuarial study annually indicates that such
reduction or elimination for that year will not adversely affect the
actuarial soundness of the fund. If the actuarial study so indicates,
the reduction or elimination shall be effected by an annual resolution
and it shall be effective for one year. No reduction or elimination
shall be made if any contributions by Lemoyne will be required to
keep the pension fund actuarially sound.
Lemoyne is hereby authorized to make application for the purchase
of pension or annuity contracts and to pay premiums of said contracts
as they become due from the fund, in accordance with applicable laws
and ordinances. Lemoyne shall be trustee of the plan.
Should a police officer before completing retirement age and
service requirements heretofore provided in this article, but after
having completed 12 years of total service, for any reason cease to
be employed as a full-time officer by Lemoyne in whose pension fund
he has been a participant, he shall be entitled to vest his retirement
benefits by filing with Lemoyne within 90 days of the date he ceased
to be a full-time police officer, a written notice of his intention
to vest. Upon reaching the date which would have been his normal retirement
date, if he had continued to be employed as a full-time police officer,
he shall be paid a partial retirement allowance determined by applying
the percentage his years of service bears to the 25 years of service
he would have rendered had he continued to work until his normal retirement
day, to the pension as computed herein using, however, the monthly
average salary during the last 36 months prior to his or her termination
of employment.
Providing that Lemoyne receives annually an opinion from an
actuary that a cost-of-living adjustment for that year will not impair
the soundness of the pension fund, participants shall be granted that
cost-of-living increase provided in the plan.
The pension fund and benefits hereunder are intended for the
personal enjoyment and protection of the members of the plan and their
beneficiaries. No member of the plan or beneficiary shall have the
right to transfer, assign, alienate, pledge, encumber or otherwise
anticipate his expectant interest hereunder, nor shall his or her
interest herein be subject to seizure by execution, bankruptcy, garnishment,
attachment, receivership or any process in law or equity.
It is the intent of this article to comply with Act 600.[1] If any provision of this article or the plan conflicts
with the provisions of Act 600, the provisions of Act 600 shall control.
[1]
Editor's Note: See 53 P.S. § 761 et seq.
Lemoyne is authorized to take by gift, grant, devise or bequest
any money or property real, personal or mixed, in trust for the benefit
of the fund. The care, management, investment and disposal of such
trust funds or property shall be vested in Lemoyne.
[Adopted 3-10-2016 by Ord. No. 736]
A pension plan for the nonuniformed employees of Lemoyne Borough
is hereby established through the adoption of the nonuniform document,
as restated on January 1, 2013, which is incorporated herein by reference,
pursuant to authority granted under Section 1105 of the Borough Code,
8 Pa.C.S.A. § 1105.
