A. 
The plan is created for the exclusive benefit of the employees of the employer and shall be interpreted in a manner consistent with its being a qualified plan as defined in IRC § 401(a). The corpus or income of the trust may not be diverted to or used for other than the exclusive benefit of the participants or their beneficiaries.
B. 
Notwithstanding the above, any contribution made by the employer because of a mistake of fact must be returned to the employer within one year of the contribution. Further, a reversion to the employer is permissible upon plan termination in accordance with § 91-33C.
No benefit or interest available hereunder, including any annuity contract distributed herefrom, shall be subject to assignment or alienation, either voluntarily or involuntarily. The preceding sentence shall also apply to the creation, assignment, or recognition of a right to any benefit payable with respect to a participant pursuant to a domestic relations order, unless such order is determined to be an acceptable domestic relations order as defined in IRC § 414(p), or any domestic relations order entered before January 1, 1985.
This plan is not to be construed as creating or changing any contract of employment between the employer and its employees, and the employer retains the right to deal with its employees in the same manner as though this plan had not been created.
This plan shall be binding on the heirs, executors, administrators, successors and assigns as such terms may be applicable to any or all parties hereto, and on any participants, present or future.
Any ordinance or resolution with an effective date prior to the adoption date of this amendment and restatement of the plan shall be of no effect.
If any provision of this plan shall be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision hereof, and this plan shall be construed and enforced as if such provision had not been included.
A. 
The plan shall be construed in accordance with the laws of the Commonwealth of Pennsylvania and with the applicable portions of the Internal Revenue Code. It is intended that the plan comply with the interpretations of P.L. 1804, as amended (53 P.S. 767) (Act 600), issued by the judicial and regulatory bodies of the Commonwealth of Pennsylvania.
B. 
Nothing herein will be deemed to amend, change or repeal any of the provisions of Chapter 91, except for the provisions of Chapter 91 which are contrary to the requirements of Act 30 of 2002 and to the specific provisions of this ordinance. The amendments to this ordinance shall be retroactive and take effect on April 17, 2002.
[Added 6-16-2003 by Ord. No. 581]
This plan may be executed in any number of counterparts, each of which shall be deemed as an original, and said counterparts shall constitute but one and the same instrument that may be sufficiently evidenced by any one counterpart.
Wherever appropriate, words used in this plan in the singular may include the plural or the plural may be read as singular, and the masculine may include the feminine.
[Added 12-15-2003 by Ord. No. 588, approved 12-15-2003; amended 12-18-2006 by Ord. No. 607, approved 12-18-2006]
A. 
Whereas, Athens Borough previously established the Athens Borough Police Pension Plan; and
B. 
Whereas, Athens Borough amended and restated the plan in order to continue its compliance with the tax exempt retirement plan requirements of Internal Revenue Code of 1986 (as amended), § 401(a), and desires to enact an amendment to the plan;
C. 
Now therefore, be it ordained and enacted by Athens Borough that the attached amendment of the Athens Borough Police Pension Plan is enacted. Maria K. Worden, President, and as the agent of the employer, is authorized and directed to execute the attached amendment of the plan.[1]
[1]
Editor's Note: The plan amendments referred to in this section are incorporated in the appropriate sections of this chapter.