The following words and phrases, as used in this chapter, shall have the meanings hereby ascribed thereto unless the context clearly indicates a different meaning:
ACCRUED BENEFIT PERCENTAGEShall mean a fraction, the numerator of which represents the Participant's total cumulative calendar months of Service earned to the date of determination, and the denominator of which represents the total possible calendar months of Service he could earn from his date of hire to his Normal Retirement Date. For purposes of the current definition only, Service at any time during a calendar month shall constitute one whole month. In addition and notwithstanding the foregoing, a Participant's Accrued Benefit Percentage may never exceed the number one. "Accrued Benefit" shall mean the Accrued Benefit Percentage times 50% of Final Average Monthly Compensation.
BENEFICIARYShall mean the person specified by each Member on becoming a Participant by way of written notice which designates his beneficiary or beneficiaries to the Plan Administrator. The Member's election of any such beneficiary or beneficiaries may be rescinded or changed without the consent of the beneficiary or beneficiaries at any time, provided the Member provides the Plan Administrator with written notice of the changed designation.
BOARDShall mean the elected Board of Supervisors of Washington Township.
COMPENSATIONShall mean the amount of a Participant's earnings, received or receivable during the Participant's employment with the Township as an Eligible Employee, that shall be considered under the Plan for purposes of calculating benefits and contributions, and, unless otherwise provided, in applying any applicable limitations to such benefits or contributions. For the foregoing purposes, Compensation shall be total gross wages during a plan year including base pay, longevity, night differential, court pay, holiday pay, overtime, and any amounts deferred by the Eligible Employee to an Internal Revenue Code Section
457 deferred compensation plan. Compensation is limited to amounts that are permitted to be included in the calculation of Final Average Monthly Compensation by the Auditor General's Bulletin Number 2001-01, as clarified. In no event shall Compensation include payment for any accumulated leave that was earned outside the final 36 months of service. For Eligible Employees hired after April 1, 2020, no payment for unused sick, vacation, personal, or other paid time off shall be treated as Compensation or included in their pension benefit calculation.
Shall mean any natural-born child, any legally-adopted child, any stepchild, or any foster child of a Participant, which child is unmarried, has not yet attained age 18, and, in the case of a foster child, resides in such Participant's household.
DISABLED or DISABILITYShall mean a permanent condition of physical or mental impairment due to which a police officer is unable to perform the usual and customary duties of a police officer, which condition continues for six months and which in the opinion of a physician acceptable to the Plan Administrator is reasonably expected to continue to be permanent for the remainder of the police officer's lifetime. A condition shall not be a total and permanent disability for purposes of this Plan unless such condition is a direct result of and occurs in the line of duty of the police officer's employment as a police officer for the Township. A Member whose physical or mental impairment does not occur in the line of employment is not entitled to receive disability benefits under the Plan. The Plan Administrator shall determine whether a Participant is Disabled, and a Participant must submit satisfactory evidence and other proof of such Disability as required by the Administrator.
ELIGIBLE EMPLOYEEShall mean a regularly scheduled, full-time police officer of the Township. Any police officer employed as a temporary, special, part-time, or permanent part-time officer of the Township shall not be considered an Eligible Employee for purposes of this Plan.
ELIGIBLE SPOUSEShall mean the spouse to whom a Participant is married in accordance with Pennsylvania law.
EXTRA SERVICE BENEFITShall be an additional monthly benefit of 2% of the retirement benefit otherwise payable for each Year of Service in excess of 25, not to exceed $100 a month.
FINAL AVERAGE MONTHLY COMPENSATIONShall mean the Compensation of a Participant averaged over the Participant's final 36 months of Service, but Compensation for the purpose of calculating Final Average Monthly Compensation is limited to amounts that are permitted by the Auditor General's Bulletin Number 2001-01, as clarified. In no event shall payment for any accumulated leave that was earned outside the final 36 months of service be considered Compensation for the purposes of calculating Final Average Monthly Salary.
FORMER PARTICIPANTShall mean a person who had become a Participant, but who subsequently ceased to be an Eligible Employee on account of death, retirement or other termination of employment with the Township.
MEMBER(S)Shall mean Former Participant(s) who are entitled to current or future benefits from the Plan and Participant(s).
NORMAL RETIREMENT DATEOther than incurring a Disability shall mean the date on which a Participant attains age 50 or completes 25 Years of Service, whichever is later.
PARTICIPANTShall mean an Eligible Employee, effective as of the date on which such Eligible Employee first commences or recommences Service with the Township and who has not for any reason ceased to be a Participant hereunder.
PENSION FUND or FUNDShall mean the police pension fund administered under the terms of this Plan and which shall include all money, property, investments, policies and contracts standing in the name of the Plan.
SERVICEA. Shall mean any specified period for which an Eligible Employee is directly or indirectly compensated or entitled to compensation by the Township for the performance of duties as a full-time police officer or receives, or is entitled to receive, payment for:
(1) The time actually worked for the Township as an Eligible Employee;
Absence due to vacation, holidays, or sickness; and
An authorized leave of absence;
"Service" shall also include:
(1) Any period of voluntary or involuntary military service with the armed forces of the United States of America, provided that the Participant has been employed as a regular full-time member of the Township's police force for a period of at least six months immediately prior to the period of military service, and the Participant returns as an Eligible Employee within six months following discharge from military service or within such longer period during which employment rights are guaranteed by applicable law or under the terms of the collective bargaining agreement with the Township and provided that the Member is not entitled to receive, eligible to receive now or in the future or has received retirement benefits for such Service under a retirement system administered and wholly or partially paid for by any other governmental agency with the exception of a Member eligible to receive or receiving military retirement pay earned by a combination of active duty and nonactive duty with a reserve or national guard component of the armed forces which retirement pay is payable only upon the attainment of a specified age and a period of service under
10 U.S.C. Ch. 67 (relating to retired pay for nonregular service);
Any period during which a Member is entitled to disability benefits under this Plan, provided that the Member returns to Employment within three months of the date on which it is determined that he is no longer totally and permanently disabled if such determination occurs prior to the date a Member attains Normal Retirement Date; and
"Service" shall not include any period of time subsequent to the Participant's Entry Date into the Deferred Retirement Option Program.
TOWNSHIPShall mean Washington Township, located in Franklin County, Pennsylvania.
YEAR OF SERVICEShall mean 12 calendar months of Service, whether or not such months are consecutive, where Service at any time during a calendar month constitutes one whole month.