East Greenville Borough ("Borough") hereby elects to establish
a Police Pension Plan for its police officers to be administered by
the Pennsylvania Municipal Retirement System (the "System") in accordance
with Article IV of the Pennsylvania Municipal Retirement Law, 53 P.S.
§ 881.101 et seq. ("Retirement Law"). The Borough hereby
agrees to be bound by all the requirements and provisions of the Retirement
Law and the Municipal Pension Plan Funding Standard and Recovery Act,
53 P.S. § 895.101 et seq., and to assume all obligations,
financial and otherwise, placed upon member municipalities.
As part of this article, the Borough agrees that the System
shall administer and provide the benefits set forth in the East Greenville
Borough Police Pension Plan entered into between the Pennsylvania
Municipal Retirement Board and the Borough effective as of the date
specified in the adoption agreement.
The Borough acknowledges that by passage and adoption of this
article the Borough officially accepts the provisions of the base
plan document and the associated adoption agreement (collectively
referred to as the "Plan") and the financial obligations resulting
from the administration of the Plan.
Payment for any obligation established by the adoption of this
article and the Plan shall be made by the Borough in accordance with
the Retirement Law and the Municipal Pension Plan Funding Standard
and Recovery Act. The Borough hereby assumes all liability for any unfundedness
created due to the benefit structure set forth in the Plan.
The Borough intends this article to be the complete authorization
of the Plan and the Plan shall become effective on the Plan effective
date specified in the adoption agreement.
A duly certified copy of this article and the executed Plan
shall be filed with the System as soon as administratively feasible
after their execution.
The Borough hereby acknowledges that an affirmative vote representing
at least 75% of the plan members approved the establishment of the
contract with the System.
The terms, conditions and provisions of this article are hereby
declared to be severable, and, should any portion, part or provision
of this article be found by a court of competent jurisdiction to be
invalid, non-enforceable or unconstitutional, the Council hereby declares
its intent that the article shall have been enacted without regard
to the invalid, non-enforceable, or unconstitutional portion, part
or provision of this article.
Any and all other ordinances or parts of ordinances in violation
or in conflict with the terms, conditions and provisions of this article
are hereby repealed to the extent of such irreconcilable conflict.
This article shall become effective immediately.