Under authority vested by the Act of May 23, 1945 (P.L. 903), as amended, 53 P.S. § 39371 to 39384, a retirement system for officers and employees in the active service of the City, except policemen, firemen and part-time or occasional workers, is hereby established and created to replace and supersede the present retirement system existing under prior ordinances. The newly created retirement system shall assume, administer and control and have transferred to it all funds, accounts, claims and liabilities of the existing retirement system, subject to the rights of all persons now on pension under prior ordinances.
[Adopted 6-11-1963 by Ord. No. 24-1963 (Art. 145 of the 1979 Codified Ordinances)]
[Amended 9-29-1987 by Ord. No. 14-1987; 4-27-2011 by Ord. No. 3-2011]
A. BOARD CITY COMPENSATION EMPLOYEE FUND HE JOINT COVERAGE MEMBER MEMBER OFFICER PERSON SALARY SINGLE COVERAGE MEMBER YEARS OF SERVICE
Certain words and phrases, as used in this article, shall have the following meanings:
Means the City of Chester Aggregated Pension Fund Board.
Means the City of Chester, Pennsylvania.
Means retirement allowance or compensation.
Means a person in the service of the City, except policemen, firemen, and part-time or occasional workers, who is either, or who is not now adequately protected under all circumstances by pensions authorized by the laws of this Commonwealth, and in force at the time of passage of this section.
Means the City of Chester Aggregated Pension Fund.
Includes the masculine and feminine pronouns.
Means a City employee who becomes a member of the retirement system subsequent to the last date permitted by the City for statement of preference concerning social security coverage, or who, having become a member on or before such date, has filed with the City of Chester Aggregated Pension Fund Board a written statement that he elects social security coverage under an agreement with the Federal Secretary of Health, Education and Welfare entered into by the Commonwealth.
Means a person who is a member of the retirement system.
Means a person elected or appointed to City service.
Means an officer or employee of the City.
Is the fixed amount of compensation paid at regular, periodic intervals by the City to the employee and from which pension contributions have been deducted.
Means a City employee who becomes a member of the retirement system on or before the last date permitted by the City for statement of preference concerning social security coverage, and who either has filed with the retirement board a written statement that he does not elect social security coverage under any agreement with the Federal Secretary of Health, Education and Welfare entered into by the Commonwealth, or has not filed any written statement with the City of Chester Aggregated Pension Fund Board.
Includes any time not exceeding six years spent by the employee on active duty with the armed forces of the United States, providing he received an honorable discharge or a certificate of satisfactory service and he pays to the Board an amount equal to 3% of his monthly salary or wage prior to entering on active duty for each month he is not employed by the City, because of his active duty with the armed forces.
B.
The singular includes the plural and the masculine includes the feminine and the neuter.
[Amended 9-29-1987 by Ord. No. 14-1987]
A.
The members of the existing employees pension retirement system having voted to adopt the retirement system for officers and employees, as herein set forth, and as provided by the Act of May 23, 1945 (P.L. 903), as amended, 53 P.S. § 39371 to 39384, the presently existing retirement system shall continue as to rights and obligations of all employees who have retired as of the effective date of this section. The funds, accounts, claims and liabilities of the existing retirement system shall be transferred to the system herein created, the members of the City of Chester Aggregated Pension Fund Board of which shall assume, administer and control the existing retirement system and the system herein created.
B.
Effective January 1, 1988, all funds, assets, accounts, claims and liabilities of the Officers and Employees Optional Retirement System shall be transferred to the City of Chester Aggregated Pension Fund. The presently existing retirement system shall continue as to the rights and obligations of all employees who have retired or who have been hired prior to the effective date of this subsection. However, as to all employees who are first hired by the City on or after January 1, 1988, a revised pension benefit plan as set forth hereinafter shall apply.
[Amended 9-29-1987 by Ord. No. 14-1987]
A.
Effective January 1, 1988, the City of Chester Aggregated Pension Fund Board shall act as trustee of the City of Chester Aggregated Pension Fund and shall have legal title to the assets being transferred as aforesaid from the Officers and Employees Optional Retirement System to such Fund.
B.
The Board shall register all persons employed by the City, except policemen, firemen and part-time or occasional employees, shall administer the collection and distribution of the Fund hereinbefore provided for, and shall make such reasonable rules and regulations as it deems necessary to carry into effect the provisions of this article.
[Amended 9-29-1987 by Ord. No. 14-1987]
A.
Within 30 days after enactment of this section, the head of every City department and office employing persons entitled under the provisions of this article to receive compensation, shall submit to the City of Chester Aggregated Pension Fund Board statements, showing the name, sex, title, compensation, duties, date of birth and length of service as a City employee, of every City employee under his department or office.
B.
The head of every City department and office shall, on the first day of each calendar month, notify the City of Chester Aggregated Pension Fund Board of the employment or the entering into office of new City officers and employees, submit to the City of Chester Aggregated Pension Fund Board a statement showing the name, sex, title, compensation, duties, date of birth of each such new City officers and employees; and also certify to the City of Chester Aggregated Pension Fund Board at the same time all dismissals, resignations or termination of service together with any changes in salary of any member of the City of Chester Aggregated Pension Fund, which occurred during the preceding month.
[Amended 9-29-1987 by Ord. No. 14-1987; 7-11-1996 by Ord. No. 24-1996; 1-27-2016 by Ord. No. 2-2016]
A.
All officers and employees of the City, who are members of the City of Chester Aggregated Pension Fund, shall pay to the Board an amount equal to 6% of their monthly salaries or wages as such officers and/or employee contribution to the fund. Such contributions are to be made by the City's deduction of same from the salary or wages of each of such officers and employees at each and every payroll period, which sum so deducted shall be applied to the purpose of this article.
B.
All officers and employees of the City, who are first hired by the City on or after January 1, 1988, until February 29, 2016, who are members of the Fund and who are integrated into the Federal Social Security System, shall pay to the Board an amount equal to 1% of his or her salary or wages as such officer's and/or employee's contribution to the Fund. Commencing March 1, 2016, all officers and employees of the City who are members of the Fund and who are integrated into the Federal Social Security System shall pay to the Board an amount equal to 3.5% of their salary or wages as such officer's and/or employee's contribution to the Fund. Such contributions are to be made by the City's deduction of same from the salary or wages of each of such officers and employees at each and every payroll period, which sum so deducted shall be applied to the purposes of this article.
C.
Laborers, on a per diem wage, who elect to become members of the retirement system shall pay the same rates.
D.
Such deductions shall be paid into the City of Chester Aggregated Pension Fund, and a detailed statement of all amounts so transmitted shall be furnished monthly to the Secretary of the City of Chester Aggregated Pension Fund Board.
[Amended 7-9-1980 by Ord. No. 15-1980; 9-29-1987 by Ord. No. 14-1987; 7-8-2015 by Ord. No. 4-2015]
A.
Twenty years of service.
(1)
Every person now or hereafter elected or appointed to an office or employed by the City, except policemen, firemen and part-time or occasional workers, of the age of 60 years or more who has served as an officer or employee for a period of 20 years or more, shall, upon application to the City of Chester Aggregated Pension Fund Board, be retired from service, and shall during the remainder of his life receive the compensation fixed by the Act of May 23, 1945, (P.L. 903), as amended, 53 P.S. § 39371 to 39384, and this article.
(2)
Any person who has served 20 years and voluntarily retires shall, by continuing his contributions until the age of 55 years, be entitled to the above compensation.
(3)
During the lifetime of any such person, they shall be entitled to receive as compensation annually from the City of Chester Aggregated Pension Fund, 50% of the amount which would constitute the highest average salary or wages which they earned during any five years of their service for the City, or which they would be determined by the rate of the monthly pay of such person at the date of retirement, whichever is higher. Such compensation to be paid in monthly payments.
B.
Twenty-five years of service.
(1)
On or after January 1, 1988, every person first elected or first appointed to an office or first employed by the City, except policemen, firemen and part-time or occasional workers, of the age of 65 years or more who has served as an officer or employee for a period of 25 years or more, shall upon application to the Board be retired from service, and shall during the remainder of his or her life receive the compensation fixed as set forth hereinafter.
(2)
Any person who is first elected, appointed and/or employed as aforesaid and who has served 25 years and voluntarily retires shall, by continuing his or her contributions until the age of 60 years, be entitled to the compensation fixed as set forth hereinafter.
(3)
During the lifetime of any such person, he or she shall be entitled to receive as compensation annually from the Fund an amount equal to 0.75% of the average annual salary which such employee received during the last five years of service immediately preceding retirement times the number of full years of service. Such compensation shall be paid in semi-monthly payments.
C.
Where an officer or employee has served for 12 years or more, has attained the age of 60 years and his tenure of office or employment is terminated for reasons other than misconduct, without his voluntary action and before the expiration of 20 years of service, he shall, in such event, during the remainder of his life, be entitled to receive such portion of the full compensation as the period of his service up to date of its termination bears to the full twenty-year period of service.
D.
Where an officer or employee, first elected or appointed or employed by the City on or after January 1, 1988, has served for 12 years or more, has attained the age of 65 years and his or her tenure of office or employment is terminated for reasons other than misconduct, without his or her voluntary action and before the expiration of 25 years of service, he or shall, in such event, during the remainder of his or her life, be entitled to receive such portion of the full pension benefit set forth hereinbefore as the period of his or her service up to the date of termination bears to the full twenty-five-year period of service.
E.
Where an officer or employee has served for 12 years or more, has not attained the age of 60 years, and his tenure of office or employment is terminated for reasons other than misconduct, without his voluntary action and before the expiration of 20 years of service, he shall, in such event, during the remainder of his life, after attaining the age of 60 years, be entitled to receive such portion of the full compensation as the period of his service up to the date of its termination bears to the full twenty-year period of service.
F.
Where an officer or employee, first elected or appointed or employed by the City on or after January 1, 1988, has served for 12 years or more, has not attained the age of 65 years and his or her tenure of office and employment is terminated for reasons other than misconduct, without his or her voluntary action and before the expiration of 25 years of service, he or she shall in such event, during the remainder of his or her life, after attaining the age of 65 years, be entitled to receive such portion of the full pension benefit as set forth hereinbefore as the period of his or her service up to the date of termination bears to the full twenty-five-year period of service.
G.
Where an officer or employee has served for 20 years or more, and his tenure of office or employment is terminated for reasons other than misconduct, and without his voluntary action, he shall be entitled to full compensation for the remainder of his life, after attaining age 55 years, and conditioned upon his continuing his contributions into the City of Chester Aggregated Pension Fund at the same rate as when he was dismissed until he attains the age of 55 years.
H.
Where an officer or employee, first elected or appointed or employed by the City on or after January 1, 1988, has served for 25 years or more, and his or her tenure of office or employment is terminated for reasons other than misconduct, and without his or her voluntary action, he or she shall be entitled to full compensation for the remainder of his or her life, after attaining the age of 65 years and conditioned upon his or her continuing his or her contributions into the Fund at the same rate as when he or she was dismissed until he or she attains the age of 60 years.
[Amended 9-29-1987 by Ord. No. 14-1987]
Should an officer or employee become so permanently disabled as to render him unable to perform the duties of his position or office after 15 years of service, and before attaining the age of 55 years, he shall be entitled to full compensation during such disability. Proof of such disability shall consist of the sworn statement of three practicing physicians, designated by the City of Chester Aggregated Pension Fund Board, that the employee is in a condition of health which would permanently disable him from performing the duties of his position or office. Such person shall thereafter be subject to physical examination at any reasonable time, upon order of the City of Chester Aggregated Pension Fund Board, and upon his refusal to submit to any such examination, his compensation shall cease.
[Amended 9-3-1963 by Ord. No. 38-1963; 9-29-1987 by Ord. No. 14-1987]
A.
Where the City has entered into an agreement with the Commonwealth to place certain employees under the Federal Social Security Act, the compensation to be paid such joint coverage members according to the provisions of this article payable after the age and upon that portion of annual compensation on which social security benefits are payable shall be reduced by an amount equal to 40% of the primary insurance amount of social security paid or payable to the member, in accordance with the provisions of the Federal Social Security Act and the Statutes of the Commonwealth then in effect.
B.
Compensation without reduction; lump-sum payment.
(1)
Where a City has entered into an agreement with the Commonwealth to place certain employees under the Federal Social Security Act, the City of Chester Aggregated Pension Fund Board may authorize any joint coverage member of the retirement system to elect according to the provisions of this subsection to receive compensation without the reduction provided for in Subsection A hereof, provided he makes a lump sum payment to the City of Chester Aggregated Pension Fund Board equal to the difference between the amount of the accumulated fund to his credit in the City of Chester Aggregated Pension Fund as of the last date for which salary or wages was paid and the amount which would have been to his credit in such City of Chester Aggregated Pension Fund if contributions had been made on that portion of his salary or wages on which social security allowances are payable at the same rate as made on that portion of his salary or wages in excess thereof from the time that such salary or wages became subject to social security coverage. Such election shall be made in writing in the form prescribed by the City of Chester Aggregated Pension Fund Board and shall be accompanied by the lump-sum payment herein required.
(2)
The City of Chester Aggregated Pension Fund Board may authorize any such member to make the election herein provided at any time, and if made prior to retirement, such member shall, in addition to any lump-sum payments required, pay to the City of Chester Aggregated Pension Fund Board contributions on his entire salary or wages thereafter received at the rate provided in § 97-31, for monthly salary or wages in excess of that on which social security allowances are payable.
C.
In determining such age eligibility and such amounts, only wages and compensation received in the employ of the City shall be included.
[Amended 3-11-1969 by Ord. No. 17-1969]
The widow or widower of a member who retires on pension or is killed in the service of the City or who is eligible for retirement, shall during her or his lifetime, or so long as she or he does not remarry, be entitled to receive a pension calculated at the rate of 50% of the pension the member was receiving or would have been receiving had she or he been retired at the time of her or his death.
The time of service herein specified shall be computed from the time of the first or original service to the City, and need not be continuous.
The benefits conferred by this article shall apply to all persons employed on or after the effective date of this section, in any capacity by or holding positions in the City, except policemen, firemen and part-time or occasional workers.
Those officers and employees, not now on retirement, who are members of the presently existing City retirement or pension system covering its municipal officers and employees, shall not become members of the retirement system established by this article unless the members of such presently existing retirement or pension system elect, by affirmative vote of 75% of all the members thereof, to be covered by the retirement system established by this article.
[Amended 9-29-1987 by Ord. No. 14-1987]
No person holding a position in the City as a laborer, at a per diem wage, shall be compelled to join this retirement system and to pay or contribute toward the City of Chester Aggregated Pension Fund herein provided for, but he has the option or choice of so doing, and shall only, upon electing to contribute to the City of Chester Aggregated Pension Fund, become entitled to the compensation provided by this article. Such election shall be made within 90 days of the date of employment for new employees and within 90 days of the date of the final passage of this section for present employees. He shall contribute to the City of Chester Aggregated Pension Fund at the same rate as other members thereof. Once a laborer, at a per diem wage, elects to join the City of Chester Aggregated Pension Fund and is accepted by the City of Chester Aggregated Pension Fund Board, he cannot withdraw as a member at a later date.
All officers and employees, except elected officers, eligible for full pension hereunder, shall retire at the age of 70 years.
[Amended 9-29-1987 by Ord. No. 14-1987]
The City of Chester Aggregated Pension Fund Board shall receive and retain and, when deemed advisable, invest the funds payable in accordance with this article and the Statutes of the Commonwealth, and pay over by warrant or check, the amounts due to such officers and employees.
The compensation herein provided for shall not be subject to attachment or execution, shall be payable only to the beneficiary designated by this article, and shall not be subject to assignment or transfer.
[Amended 9-29-1987 by Ord. No. 14-1987]
Any person who has been in City service for a period of less than 12 years and whose service terminates for any cause whatever, shall be entitled only to the return of the total amount of the contributions paid into the City of Chester Aggregated Pension Fund by him, without interest.
[Amended 9-29-1987 by Ord. No. 14-1987]
Any person who has been in City service for a period of less than 20 years and who is under the age of 55 years, who voluntarily retires from such service, shall be entitled only to the return of the total amount of the contributions paid into the City of Chester Aggregated Pension Fund by him, without interest.
[Amended 9-29-1987 by Ord. No. 14-1987]
Any person whose service with the City has terminated and whose contributions to the City of Chester Aggregated Pension Fund have been returned to him and who afterwards re-enters the City service, shall not be entitled to the compensation provided for in this article unless he repays to the City of Chester Aggregated Pension Fund the total amount returned to him, in which event, the required period of service under this article shall be computed from the time he first entered the service of the City, otherwise his period of service shall commence on the date of his re-entry.
[Amended 9-29-1987 by Ord. No. 14-1987]
A.
Any person or employee of the City who is a contributor to the City of Chester Aggregated Pension Fund who enters active duty in the military service shall have his years of active duty military service credited to his retirement, provided that:
(1)
He is a City employee and a contributor to the City of Chester Aggregated Pension Fund on the date he enters the active military service.
(2)
He is re-employed by the City.
(3)
He receives an honorable discharge or a certificate of satisfactory service and produces the same to the City of Chester Aggregated Pension Fund Board.
(4)
For each month of active military service, he pays unto the City of Chester Aggregated Pension Fund an amount equal to 3% of that portion of his last monthly salary or wages as a City employee on which social security allowances are payable and 5% of any salary or wages in excess of that on which social security allowances are payable, the same to be paid upon his re-employment by the City.
B.
Credit for military service shall not exceed six years on active duty in the military service.
[Amended 7-13-1977 by Ord. No. 13-1977; 9-29-1987 by Ord. No. 14-1987]
In the event of the death of a member of the City of Chester Aggregated Pension Fund before such member has received any benefits under this article, there shall be paid to his designated beneficiary, or in case no such beneficiary shall have been designated by him, there shall be paid to his estate, the total amount of the contributions paid into the City of Chester Aggregated Pension Fund by him, without interest.
This article shall be effective 10 days after its final adoption.