[HISTORY: Adopted by the City Council of the City of Hazleton 12-17-2024 by Ord. No. 2024-21. Amendments noted where applicable.]
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section, unless the context clearly requires otherwise:
SALARY
Is defined as the fixed amount of compensation paid at regular, periodic intervals by the City to the member and from which pension contributions have been deducted.
TOTAL DISABILITY
Shall mean permanent mental or physical impairment which renders the police officer unable to perform the officer's duties.
The fund shall be under the direction and control of Council but may be committed to the custody and management of such officers of the City or to such other persons or entities, as may be designated by Council by ordinance.
All current and all subsequently employed members shall be considered members of the Police Pension Fund.
The fund shall be maintained by an equal and proportionate monthly charge against each member of the police force, which shall not exceed annually 4% of the pay of the member and an additional amount not to exceed 1% of the pay of the member to be paid by the member or the municipal corporation to provide sufficient funds for payments required by Section 4303 of the Third Class City Code to surviving spouses even if they remarry, or if no spouse survives or if such person survives and subsequently dies, then to the child or children under the age of 18 years, of members of the police force or of members retired on pension or who die in service.
Unless otherwise required by the act of December 18, 1984 (P.L. 1005, No. 205), known as the "Municipal Pension Plan Funding Standard and Recovery Act,"[1] or by any other provision of law, this section shall govern the payment to the Police Pension Fund of moneys raised by taxes levied by the City. A City shall pay annually to the Police Pension Fund a sum of money sufficient to meet the requirements of and to maintain the fund which sum in no year shall be less than 1/2 of 1% nor more than 3% of all City taxes levied by the City, other than taxes levied to pay interest on or extinguish the debt of the City.
[1]
Editor's Note: See 53 P.S. § 895.101 et seq.
A. 
Retirement rights generally. The fund shall be applied, under such regulations as Council may, by ordinance, prescribe, for the benefit of such members of the police force as shall receive honorable discharge therefrom by reason of age or disability, surviving spouses even if they remarry, or if no spouse survives or if such person survives and subsequently dies, then to the child or children under the age of 18 years, of members of the police force or of members retired on pension.
B. 
Requirements. Every present policeman of the Police Department and including those who hereafter shall have passed the civil service examination, who shall have served the City for a term of 20 years, shall be entitled to be retired upon his or her request on a pension. The City Council shall have the right, at any time, to retire such police officer who is disabled or incapacitated, provided that such physical condition has not been caused by his intemperate habits or immoral practices.
C. 
Full-time service prerequisite to benefits. No police officer shall be eligible to benefits from the Aggregated Pension Trust Fund, except those who give their time exclusively to the Police Department.
A. 
Except as otherwise provided in § 88-11, Subsections B through D below, that in accordance with the settlement, the pension benefits of all other current City police officers, and any police officers shall be governed and controlled by the provisions of the Aggregated Pension Trust Fund.[1]
(1) 
When an officer becomes entitled to a pension under this chapter, or in pursuance of this chapter, the amount of pension shall be 1/2 of the salary which such officer or employee received from the City at the time he makes application to be placed upon the pension list or is placed there by the administration of the fund.
(2) 
There shall also be an annual cost-of-living adjustment in the amount of 3% of the annual pension payment; provided, however, that the total of the annual cost-of-living adjustments shall not exceed the police officer's contractual base pay during the last year of employment with the City.
[1]
Editor's Note: See Ch. 87, Aggregated Pension Trust Fund.
B. 
That in accordance with the Settlement, Retired Officers Daniel J. Coll, Ralph Lindsey, Anthony J. Franzosa and Robert B. Macuch, and Active Officers Steve N. Bumbera, Louis W. Callavini, Gino D. Fedullo, Robert K. Ferdinand, Edward A. Harry, Jr., Joseph T. Jones, Jr., Edward McAlarney, James K. Shellhamer, Michael J. Strenchock, Christopher P. Tessitore, Gerald W. Tray, and Kenneth E. Zipovsky, Steven M. Whiteko shall receive or be eligible for the following police pension benefits: Each above-named active officer may retire at the completion of 20 years of service. The City shall provide the above-named retired officers and those above-named active officers who complete 20 years of service, with a police pension, which shall include any and all premium pay due the police officer, of 50% of final average salary with 20 years of service, and add service increments of 5%, which shall include any and all premium pay due the police officer, of the final average salary for each year of service beyond 20 years to a maximum of 75%, which shall include any and all premium pay due the police officer of the final salary after 25 years of service.
(1) 
Each above-named retired officer and those above-named active officers who complete 20 years of service shall receive full cost-of-living benefit in which the City shall annually increase the allowances of each such officer by reason of and after the termination of services of such officer, members of said fund. Said increases shall be in conformity with a uniform scale based upon 50% or up to 75% of the current salary being paid, to include any and all premium pay due the police officer of whichever is greater, a patrolman of the highest grade, or the highest grade or rank or title at which the Hazleton City police officer retired.
(2) 
All eligible Hazleton City police officers shall receive the aforementioned annual full cost-of-living increase benefit in accordance with the following example. When any eligible Hazleton City police officer retires, that retired police officer shall receive the appropriate annual full cost-of-living pension raise based upon that retired police officer's total years of City service (to include military time up to four years), total retirement percentage scale (from 50% through 75%) based on years of City service, and the appropriate rank, grade or title the police officer help upon retirement from the Hazleton City police. All eligible retired Hazleton City police officers shall receive the adjusted pension full cost-of-living increases based upon the current yearly salaries of the Hazleton City Police.
(3) 
There shall be a cap on the cost-of-living benefit equaling 100% of the total salary at the time of retirement.
(4) 
In the event of the death of the eligible retired Hazleton City police officer, the spouse shall continue to receive the aforementioned benefits and full cost-of-living increases until the time of the death of the retired Hazleton City police officer's spouse.
C. 
That in accordance with the settlement Officers Albert G. Barnhart, and Mark D. Koch shall receive the following police pension benefits.
(1) 
Each above-named officer shall retire within two calendar days of the settlement and shall receive a pension of 50% of their total salary and an annual cost-of-living adjustment of 3% of their total salary, capped at 100% of total salary at the time of retirement.
D. 
That in accordance with the settlement, Officers Ronald A. Christopher and Peter J. Quinn shall retire within 42 calendar days of the settlement and shall receive the pension benefit set forth in Subsection B(1) above and the annual cost-of-living adjustment set forth in Subsection B(2) above.
A. 
Payments for allowances shall only be a charge on the Police Pension Fund and shall not be a charge on any other fund under the control, or in the treasury, of the City.
B. 
The basis of the apportionment of the pension shall be determined by the rate of the monthly pay of the member at the date of injury, death, honorable discharge, vesting under Section 4302.1 of the Third Class City Code or retirement, or the highest average annual salary which the member received during any five years of service preceding injury, death, honorable discharge, vesting under Section 4302.1 of the Third Class City Code or retirement, whichever is the higher.
C. 
The provisions of Subsection B providing that the apportionment of the pension shall not in any case exceed in any year 1/2 the annual pay of the member computed at the monthly or average annual rate, whichever is the higher.
D. 
In addition to the retirement allowance which is authorized to be paid from the Police Pension Fund by this chapter, and notwithstanding the limitations therein placed upon such retirement allowances and upon contributions, every contributor who shall become entitled to the retirement allowance shall also be entitled to the payment of a "service increment" in accordance with and subject to the conditions hereinafter set forth.
(1) 
Service increment shall be the sum obtained by computing the number of whole years after having served the minimum required by this chapter during which a contributor has been employed by the City and paid out of the City treasury, including credit for military service as provided in Section 4302 of the Third Class City Code, and multiplying the said number of years so computed by an amount equal to 1/40 of the retirement allowance which has become payable to the contributor in accordance with the provisions of this chapter. In computing the service increment, no employment after the contributor has reached the age of 65 years shall be included, and no service increment shall be paid in excess of $100 per month.
(2) 
Each contributor, from and after January 1, 1952, shall pay into the retirement fund a monthly sum in addition to the contributor's retirement contribution, which shall be equal to 1/2 of 1% of the contributor's salary; provided, however, that the payment shall not exceed the sum of $1 per month, and, further, provided, that the service increment contribution shall not be paid after a contributor has reached the age of 65 years.
(3) 
Service increment contributions shall be paid at the same time and in the same manner as retirement contributions, and may be withdrawn in full, without interest, by persons who leave the employment of the City, subject to the same conditions by which retirement contributions may be withdrawn, or by persons who retire before becoming entitled to any service increment.
(4) 
All members of the police force who are now contributors to the retirement fund and all those employed by the City after January 1, 1952, if required to become contributors to the retirement fund, shall be subject to the provisions of this chapter.
Whenever any person shall become entitled to receive an allowance from the Police Pension Fund, and shall have been admitted to participate, the person shall not be deprived of the person's right to an equal and proportionate participation therein on the basis upon which the person first became entitled thereto.
A. 
If a contributing member of the Police Pension Fund shall cease to be a member of the police force before becoming entitled to a pension, the total amount of the contributions paid into the pension fund by the member shall be refunded to the member in full, without interest.
B. 
If a member shall have returned to the member the amount contributed and shall afterward again become a member of the police force, the member shall not be entitled to the pension designated until 20 years after the member's reemployment, unless the member returns to the pension fund the amount withdrawn, in which event the period of 20 years shall be computed from the time the member first became a member of the police force, excluding therefrom any period of time during which the member was not employed by the police force.
C. 
In the event of the death of a member of the police force not in the line of service before the member becomes entitled to a pension and if the member is not survived by a spouse or family entitled to payments as provided in this subdivision, the total amount of contributions paid into the pension fund by the member shall be paid over to the member's estate.
A. 
The ordinance establishing a Police Pension Fund may provide for a limited vested benefit if such would conform to Section 305 of the act of December 18, 1984 (P.L. 1005, No. 205), known as the "Municipal Pension Plan Funding Standard and Recovery Act."
B. 
Under a limited vested benefit, a member of the Police Pension Fund, who has not completed the minimum period of continuous service requirement and satisfied any applicable minimum age requirement, but who has completed 12 years of full-time service, shall be entitled to vest the member's retirement benefits subject to each of the following conditions:
(1) 
The member must file with the management board of the Police Pension Fund a written notice of the member's intention to vest.
(2) 
The member must include in the notice, the date the member intends to terminate the member's service as a full-time police officer.
(3) 
The termination date shall be at least 30 days later than the date of notice to vest.
(4) 
The member must be in good standing with the Police Department on the date of notice to vest.
(5) 
The board shall indicate on the notice to vest the rate of the monthly pay of the member as of the date of the notice to vest or the highest average annual salary which the member received during any five years of service preceding said date, whichever is the higher.
C. 
Upon reaching the date which would have been the member's retirement date had the member continued the member's full-time employment with the Police Department, the member shall notify the board, in writing, that the member desires to collect the member's pension. The amount of retirement benefits the member is entitled to receive under this section shall be computed as follows:
(1) 
The initial determination of the member's base retirement benefits shall be computed on the salary indicated on the notice to vest.
(2) 
The portion of the base retirement benefits due the member shall be determined by applying to the base amount the percentage that the member's years of service rendered bears to the years of service which would have been rendered had the member continued to be employed by the Department until the member's minimum retirement date.
A. 
Notwithstanding any provision of this chapter, any police officer who becomes totally disabled due to injuries sustained in the line of duty shall be deemed to be fully vested in the Police Pension Fund, regardless of the actual number of years of credited service and shall be eligible for immediate retirement benefits.
B. 
Claims under this section shall be decided by the governing body of the City. Proof of disability shall be proven by competent medical evidence provided by the claimant. The governing body of the City may at any time have the claimant examined by its own physician.
C. 
Claims under this section may be brought as the regulations of the City Council prescribe. Hearings and appeals shall be as provided in 2 Pa.C.S. (relating to administrative law and procedure).
D. 
The pension fund shall be subrogated to the right of the claimant to the extent of any payments made under the act of June 2, 1915 (P.L. 736, No. 338), known as the "Workers' Compensation Act,"[1] or the act of June 28, 1935 (P.L. 477, No. 193), referred to as "the Enforcement Officer Disability Benefits Law."
[1]
Editor's Note: See 77 P.S. § 1 et seq.
The spouse of a member of the police force or a member who retires on pension who dies or if no spouse survives or if such person survives and subsequently dies or remarries, then the child or children under the age of 18 years of a member of the police force or a member who retires on pension who dies on or after August 1, 1963, shall, during the lifetime of the surviving spouse, even if the surviving spouse remarries, or until reaching the age of 18 years in the case of a child or children, 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 the member been retired at the time of the member's death and may receive the pension the member was receiving or would have been receiving had the member been retired at the time of the member's death.