[Ord. No. 1014, 6/8/2020[1]]
1.
The Borough has maintained a pension plan for the benefit of full-time
police officers known as the Borough of Bridgeville Police Pension
Plan (the "prior plan").
2.
Effective January 1, 2020, except to the extent a different date
is indicated in the text herein, the Borough desires to amend and
restate the prior plan, in its entirety, the terms of which are hereinafter
set forth. This document shall continue to be known as the Borough
of Bridgeville Police Pension Plan (hereinafter referred to as the
"plan").
3.
The purpose of this plan continues to be to provide retirement income
for the benefit of its eligible employees and their beneficiaries
but limited to those who qualify in accordance with the terms and
conditions of the plan as set forth herein.
4.
The Borough intends that this plan, together with any related trust
agreement, shall meet all the pertinent requirements for qualification
under the Internal Revenue Code of 1986, as amended, and the plan
and trust agreement shall be interpreted, wherever possible, to comply
with the terms of said Code and all formal regulations and rulings
pertinent to the plan and trust agreement issued thereunder.
5.
Each retired member or beneficiary who was receiving monthly benefits
or eligible to receive benefits on December 31, 2019 under the prior
plan shall receive payments on or after January 1, 2020 in accordance
with the terms of prior plan.
6.
Each terminated member who terminated employment prior to January
1, 2020 with a vested interest in his accrued benefit under the prior
plan and who had not commenced receiving his retirement benefit on
such date will be eligible to receive retirement benefit on such benefit
commencement date as set forth in the prior plan.
7.
The provisions of this plan shall apply only to any member who terminates
employment on and after January 1, 2020. The provisions of this plan
shall for all purposes be interpreted and administered in compliance
with Act 600.
[1]
Editor's Note: This ordinance also repealed former Part 6,
which was adopted by Ord. 888, 3/11/2002; as amended by Ord. 896,
12/8/2003; by Ord. 914, 7/11/2005; by Ord. 952, 10/11/2010; by Ord.
964, 11/14/2011; and by Ord. 985, 12/14/2015.
[Ord. No. 1014, 6/8/2020]
1.
WHEREAS, the Borough of Bridgeville (hereinafter referred to as "employer"
or "Borough") has established the Borough of Bridgeville Police Pension
Plan (hereinafter referred to as the "plan").
2.
WHEREAS, the provisions of the plan have been amended and restated
several times thereafter by ordinances of the employer and bargaining
agreements pursuant to the provisions of Pub. Law 1804, 53 Pa. Con.
Stat. Ann. 767 et seq. (sometimes referred to as Act 600); and
3.
WHEREAS, the employer now desires to restate the plan and to make
certain additional changes to the plan's provisions;
4.
NOW, THEREFORE, the plan now known as "Borough of Bridgeville Police
Pension Plan" is hereby amended and restated in its entirety effective
for participants who terminate employment on or after January 1, 2020
as provided in this plan document and to that extent this document
supersedes and repeals all prior plan documents. The benefits of any
former participant who left employment prior to January 1, 2020 shall
be determined by the applicable pension documentation in place prior
to this plan document.
[Ord. No. 1014, 6/8/2020]
The accrued benefit percentage times 50% of final average
monthly compensation.
A fraction, the numerator of which represents the participant's
total cumulative calendar months of service earned to the date of
determination, and the denominator of which represents the total possible
calendar months of service he could earn from his date of hire to
his normal retirement date. For purposes of the current definition
only, service at any time during a calendar month shall constitute
one whole month. In addition, and notwithstanding the foregoing, a
participant's accrued benefit percentage may never exceed the number
one if he were to continue to be employed as a full-time permanent
police officer with the employer until such date.
The person specified by each member on becoming a participant
by way of written notice which designates his beneficiary or beneficiaries
to the Plan Administrator. The member's election of any such beneficiary
or beneficiaries may be rescinded or changed without the consent of
the beneficiary or beneficiaries, at any time provided the member
provides the Plan Administrator with written notice of the changed
designation.
The Borough of Bridgeville, located in Allegheny County,
Pennsylvania.
The amount of a participant's earnings, received during the
participant's employment with the Borough as an eligible employee,
that shall be considered under the plan for purposes of calculating
benefits and contributions, and, unless otherwise provided, in applying
any applicable limitations to such benefits or contributions. For
the foregoing purposes, compensation shall be total gross wages paid
for police services rendered including overtime paid by the employer
for police services rendered but does not include any single sum or
extraordinary payments, including, but not limited to, the payment
for accumulated sick, vacation or personal leave, payment for back
pay, or any other similar lump-sum distribution made to an officer
during his/her final 36 months of employment. Compensation shall not
exceed that permitted by the Internal Revenue Code with respect to
governmental plans.
The elected Council of the Borough of Bridgeville.
Any natural-born child, any legally-adopted child, any stepchild,
or any foster child of a participant, which child is unmarried, has
not yet attained age 18, and, in the case of a foster child, resides
in such participant's household.
A permanent condition of physical or mental impairment due
to which a police officer is unable to perform the usual and customary
duties of a police officer and which in the opinion of a physician
acceptable to the Plan Administrator is reasonably expected to continue
to be permanent for the remainder of the police officer's lifetime.
A participant must submit satisfactory evidence and other proof of
such disability as required by the Administrator.
A regularly scheduled, full-time police officer of the Borough.
Any police officer employed as a temporary, special, part-time, or
permanent part-time officer of the Borough shall not be considered
an eligible employee for purposes of this plan.
The spouse to whom a participant is married.
An additional monthly benefit of $25 per month for each year
of completed service in excess of 25 years to a maximum of $100 per
month.
The compensation of a participant averaged over the participant's
final 36 months of service.
A person who had become a participant, but who subsequently
ceased to be an eligible employee on account of death, retirement
or other termination of employment with the Borough.
Former participant(s) who are entitled to current or future
benefits from the plan and participant(s).
Other than incurring a disability shall mean the date on
which a participant attains age 50 or completes 25 years of service,
whichever is later.
An eligible employee, effective as of the date on which such
eligible employee first commences or recommences service with the
Borough and who has not for any reason ceased to be a participant
hereunder.
The police pension fund administered under the terms of this
plan and which shall include all money, property, investments, policies
and contracts standing in the name of the plan.
Any specified period for which an eligible employee is directly
or indirectly compensated or entitled to compensation by the Borough
for the performance of duties as a full-time police officer or receives,
or is entitled to receive, payment for:
"Service" shall also include:
Any period of voluntary or involuntary military service with
the armed forces of the United States of America, provided that the
participant has been employed as a regular full-time member of the
Borough's police force for a period of at least six months immediately
prior to the period of military service, and the participant returns
as an eligible employee within six months following discharge from
military service or within such longer period during which employment
rights are guaranteed by applicable law or under the terms of the
collective bargaining agreement with the Borough and provided that
the member is not entitled to receive, eligible to receive now or
in the future or has received retirement benefits for such service
under a retirement system administered and wholly or partially paid
for by any other governmental agency with the exception of a member
eligible to receive or receiving military retirement pay earned by
a combination of active duty and nonactive duty with a reserve or
national guard component of the armed forces which retirement pay
is payable only upon the attainment of a specified age and a period
of service under 10 U.S.C. Ch. 67 (relating to retired pay for nonregular
service); and
Any period during which a member is entitled to disability benefits
under this plan, provided that the member returns to employment within
three months of the date on which it is determined that he is no longer
totally and permanently disabled if such determination occurs prior
to the date a member attains normal retirement date.
Twelve calendar months of service, whether or not such months
are consecutive, where service at any time during a calendar month
constitutes one whole month.
