[Ord. No. 1014, 6/8/2020]
No benefit shall be authorized hereunder except to the extent
it is compliant with Act 600. All plan features shall be reformed
to the extent necessary to be compliant with Act 600.
[Ord. No. 1014, 6/8/2020]
No employee of the Borough, nor anyone else, shall have any
rights whatsoever against the Borough or the Administrator as a result
of this plan, except those rights expressly granted to them hereunder.
Nothing herein shall be construed to give any employee the right to
remain an employee of the Borough.
[Ord. No. 1014, 6/8/2020]
For purposes of the plan and wherever plainly necessitated by
the person or context, the masculine shall be read for the feminine,
and the singular shall be read for the plural.
[Ord. No. 1014, 6/8/2020]
The validity of the plan or any of its provisions shall be determined
and construed pursuant to the laws of the Commonwealth of Pennsylvania,
the federal government, and the agencies thereof.
[Ord. No. 1014, 6/8/2020]
In the event that any provision, section, subsection, paragraph,
sentence, clause, or other part of the plan shall be held to be invalid,
such invalidity shall not affect or impair any remaining provisions,
sections, subsections, paragraphs, sentences, clauses, or other parts
of the plan.
[Ord. No. 1014, 6/8/2020]
The headings and subheadings employed within the current document
have been inserted for convenience of reference and are to be ignored
in the construction of the provisions hereof.
[Ord. No. 1014, 6/8/2020]
If any participant shall be physically or mentally incapable
of receiving or acknowledging receipt of any payment of benefits hereunder,
the Administrator, upon the receipt of satisfactory evidence that
such participant is incapacitated to the aforesaid extent and that
another person or institution maintains him, may provide for such
payment of benefits hereunder to such person or the institution maintaining
him, and any such payments so made shall be deemed for every purpose
to have been made to such participant.
[Ord. No. 1014, 6/8/2020]
Subject to the provisions of all laws applicable hereto, and
unless otherwise specifically required, no past, present, or future
officer of the Borough shall be personally liable to any participant,
beneficiary, or other person under any provision of the plan. The
above sentence shall not apply to acts of gross negligence or criminal
conduct as determined by a court of competent jurisdiction. After
such a court determination, such person shall be subject to all applicable
laws.
[Ord. No. 1014, 6/8/2020]
The income and principal of the plan are for the sole use and
benefit of the participants covered hereunder and, to the extent permitted
by law, shall be free, clear and not in any way liable for debts,
contracts or agreements and from all claims and liabilities now or
hereafter incurred by any participant, beneficiary, or alternate payee.
[Ord. No. 1014, 6/8/2020]
The pension payments herein provided for shall not be subject
to attachment, execution, levy, garnishment or other legal process,
and shall be payable only to the former participant, his survivors
or his designated beneficiary, or alternate payee and shall not be
subject to assignment or transfer.
