[HISTORY: Adopted by the Board of Commissioners of the Township
of Lower Moreland as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-4-1957 by Ord. No. 57]
[Amended 2-20-2002 by Ord. No. 528[1]]
A.
The
Township hereby creates a Municipal Police Pension Fund to be maintained
by a charge against each member of the police force, by annual appropriations
made by the Township and by payments made by the State Treasurer to
the Township Treasurer from moneys received from taxes upon premiums
by foreign casualty insurance companies for the purpose of pension
retirement for policemen and by gifts, grants, devises or bequests
which may be granted to the pension fund.
B.
The
Township of Lower Moreland hereby adopts the Amended and Restated
Municipal Police Pension Plan effective January 1, 2014, including
an extension to the DROP period from 36 months to 48 months, all as
set forth on the attached 2014 Amended and Restated Municipal Police
Pension Plan document, a copy of which is incorporated herein as Exhibit
A to this subsection.[2]
[Amended 1-21-2004 by Ord. No. 552; 1-17-2007 by Ord. No. 593; 1-21-2009 by Ord. No. 611; 7-12-2011 by Ord. No. 641; 11-16-2011 by Ord. No.
646; 7-8-2014 by Ord. No. 686]
[2]
Editor's Note: Said exhibit is on file in the Township offices.
C.
The
Lower Moreland Township Manager is designated as the Chief Administrative
Officer of the plan. The Township Manager or the agent of the employer
is authorized and directed to execute the attached amendment and restatement
of the plan.[3]
[3]
Editor's Note: The amended and restated plan is on file in
the Township offices.
[1]
Editor's Note: This ordinance provided for an effective date
of 1-1-2001. This ordinance also provided that each employee who was
previously a participant shall remain a participant, and no employee
who was a participant in the plan before the date of amendment shall
receive a benefit under this amended plan that is less than the benefit
he was then entitled to receive under the plan as of the day prior
to the amendment.
[Amended 8-15-1990 by Ord. No. 397; 7-8-2014 by Ord. No. 686; 9-13-2022 by Ord. No. 766]
A.
Contributions
to fund. Annual contribution rates for members shall be determined
by the Township's actuary, after conducting an actuarial study of
the plan. The actuarial study conducted for purposes of determining
the members' contribution rate shall be completed no later than December
15 of the previous year. The rate of the members' contribution shall
be calculated in accordance with Section 6 of Act 600, 53 P.S. § 772.
Except in the event of fraud or mistake, the contribution rate recommended
by the actuary shall be final and binding and shall not be subject
to the grievance and arbitration procedure under the collective bargaining
agreement between the Township and the Police Benevolent Association.
B.
Payments
to DROP account. The monthly retirement benefits that would have been
payable had the police officer elected to cease employment and receive
a retirement benefit shall, upon commencement of participation in
the DROP program, be held under the plan trust. A separate accounting
shall be made for each participant's DROP account. In accordance with
the collective bargaining agreement between the Township and the Lower
Moreland Township Police Benevolent Association, a police officer
participating in the DROP program shall elect between the following
two methods of crediting earnings to the officer's DROP account:
(1)
The
account is credited with the same annual rate of return as the trust.
Such annual return shall be prorated for the first partial calendar
year of the DROP participation. For the last partial calendar year
of DROP participation, the return on the trust shall be determined
based upon the return from January through the date of termination
of employment.
(2)
The
account is credited with 0.5% interest each month for the period of
the DROP participation.
[Amended 11-10-1969 by Ord. No. 156]
A.
The
Municipal Police Pension Fund shall be administered by the Township
Commissioners.
B.
The
Township Commissioners shall appoint a corporate fiduciary to serve
in that capacity at any time of reference. The trust shall be administered
and managed under an appropriate deed of trust to be prepared by the
Township Solicitor and approved by the Commissioners of the Township
of Lower Moreland.
[Amended 10-9-1967 by Ord. No. 134; 6-17-1982 by Ord. No. 320; 8-17-1983 by Ord. No. 329; 4-18-2001 by Ord. No. 518; 7-8-2014 by Ord. No.
686]
A.
Full
monthly retirement benefits shall be paid out of the pension fund
to each police officer who has honorably served in the Township for
an aggregate of at least 25 years and has attained the age of at least
50 years.
B.
Any full-time police officer who has completed at least 12 years of total service with the Township and who then retires before becoming eligible for full pension benefits shall be paid a partial superannuation retirement allowance determined by applying the percentage which his years of actual service bears to the years of service which he would have rendered had he continued to work until his superannuation retirement date and then applying such percentage to the full monthly pension benefits to which he would have been entitled had he worked to his superannuation retirement date; provided, nevertheless, that, for this purpose, such full monthly pension benefits shall be computed by using the police officer's average monthly salary for the thirty-six-month period preceding his date of actual retirement. Such superannuation benefit shall be payable to an officer commencing on the date on which he would have satisfied the service and age requirements for full pension benefits had he lived and continued in service as a police officer for Lower Moreland Township. A police officer may elect, in place of the foregoing benefits, to take a full refund of contributions, with interest, computed in accordance with § 45-14, in which case the right to any further benefits is thereby terminated and forfeited. The election provided for above shall be made in writing within 30 days of the retirement of the officer from the service of Lower Moreland Township. The provisions of this subsection shall apply to termination of service as a full-time police officer for any reason, except death or disability. In the event of death or disability, the benefits applicable in such events under this article shall apply.
C.
In the case of a police officer who has completed 20 years of total uniformed service with the Township, the police officer may terminate employment and file a written application for an early retirement benefit. The early retirement benefit shall be equal to the partial superannuation benefit as described in § 45-4B for his years of service as of his early retirement date actuarially reduced as determined by the Township's actuary.
[Amended 11-10-1969 by Ord. No. 156; 3-18-1987 by Ord. No. 364; 8-15-1990 by Ord. No. 397; 6-16-1993 by Ord. No. 435; 7-16-1997 by Ord. No. 476]
Monthly disability benefits shall be paid out of the pension
fund to police officers who have sustained permanent injuries incurred
as a result of the performance of duties of police officers for the
Township and are disabled to such an extent that they are unable to
engage in any substantial, gainful employment as a police officer
as determined by a physician designated by the Board of Commissioners.
[Amended 6-17-1982 by Ord. No. 320; 8-17-1983 by Ord. No. 329; 8-15-1990 by Ord. No. 397; 6-16-1993 by Ord. No. 435; 11-20-1996 by Ord. No.
467; 2-19-2003 by Ord. No. 540]
A.
Monthly
dependency benefits shall be provided to a surviving spouse, and on
the spouse's death, in equal shares to children until age 18, or if
attending college until age 23, of a police officer who dies after
having obtained eligibility to obtain dependency benefits, which shall
be construed to mean that such police officer was receiving pension
benefits or was eligible for a retirement pension when he died.
[Amended 7-8-2014 by Ord. No. 686]
B.
Benefits
payable to a dependent minor child shall continue until age 18, or
if attending college until age 23. A child is considered to be attending
college if he or she is enrolled at an accredited institution of higher
learning and is carrying at least seven credit hours per semester.
C.
Such
dependency benefits shall apply to all officers who die by reason
of a nonservice event, subject to the following:
[Amended 7-8-2014 by Ord. No. 686]
(1)
Such benefits shall not be payable until the date on which the officer would have attained the age of retirement called for in § 45-4 and had 25 years of service had he lived and then shall be payable only at 50% of the rates called for under § 45-9 and shall be subject to the income limitations set forth under this section; or in place thereof, to take a full refund of contributions, with interest, computed in accordance with § 45-14, in which case the right to any further benefits is thereby terminated and forfeited.
(2)
The election provided for above shall be made, in writing, within
30 days of death of the officer.
[Amended 6-17-1982 by Ord. No. 320; 8-17-1983 by Ord. No. 329; 6-16-1993 by Ord. No. 435; 4-18-2001 by Ord. No. 518; 9-18-2002 by Ord. No. 536; 7-8-2014 by Ord. No. 686]
A.
The basis for determining the amount of the full monthly pension benefits to police officers retiring under § 45-4 of this article shall be 1/2 of the average monthly salary during the last 36 months of employment.
B.
Cost-of-living
adjustments shall not be applicable to dependency benefits.
C.
Cost-of-living
allowances ("COLA") shall be included in the Police Pension Plan for
officers who retire after reaching 50 years of age and 25 years of
service, subject to the following conditions:
(1)
The cost-of-living adjustment shall be granted each January 1 after
one full year of retirement, based on the most recent available twelve-month
increase in the Consumer Price Index, Urban Wage Earners.
(2)
The total cost-of-living increase shall not exceed the percentage
increase in the Consumer Price Index, Urban Wage Earners, from the
year in which the officer last worked.
(3)
The total cost-of-living increase shall not exceed 30% of the retiree's
initial benefit.
(4)
The total pension benefit, including cost of living, shall not exceed
75% of the officer's final average earnings used for computing retirement
benefits.
D.
In
the event that the Township's actuary determines that the Township
must make financial contributions to the plan, then:
(1)
For officers who have retired as of the date of the actuary's determination,
no further COLA increases shall be granted until they can be provided
without Township contributions.
(2)
Officers who retire after the date of the actuary's determination
shall not be entitled to any COLA increase until it can be provided
without a need for Township contributions.
(3)
Officers who retire after the actuary's determination shall have
their monthly pension benefit based upon 1/2 of the average monthly
salary during the last 36 months of employment without contribution
from the Township.
E.
Each
eligible participant shall receive a service increment benefit of
$100 per month for each completed year of benefit service in excess
of 25. The total service increment benefit shall not exceed $100 per
month for officers who retired prior to January 1, 2022. Effective
January 1, 2022, the total service increment shall not exceed $500
per month. This benefit shall be payable in addition to the monthly
benefit payable under the pension benefit formula for eligible participants.
[Amended 9-13-2022 by Ord. No. 766]
[Amended 2-19-2003 by Ord. No. 540; 7-8-2014 by Ord. No. 686]
The basis for determining monthly benefits to a police officer retiring under § 45-5 shall be 50% of the officer's salary at the time of disability.
[Amended 6-17-1982 by Ord. No. 320; 6-16-1993 by Ord. No. 435; 2-19-2003 by Ord. No. 540]
Monthly benefits payable to the dependents of police officers
shall be the following:
A.
For
those police officers who are killed in the performance of their duties
as police officers for the Township, dependency benefits shall be
100% of the annual salary at the time of the officer's death payable
upon the death of the officer.
B.
For those officers who are receiving or are eligible to receive pension benefits at the time of their death, to a surviving spouse who is living, 50% of the benefit to which the police officer would have been entitled, payable at the time the officer would have received them had he lived or was receiving on death, whichever is applicable, following the death of the surviving spouse, then to the child or children under the age of 18 years, or if attending college until age 23, in accordance with provisions of § 45-6B in equal shares.
[Amended 10-9-1967 by Ord. No. 134; 12-18-1973 by Ord. No. 214]
Such pension benefits for any month as called for under §§ 45-7, 45-8 and 45-9 shall be computed as the sum of:
A.
Seventy-five percent of the primary benefits under federal social
security laws for which the police officer may be eligible because
of age as, if and when such benefits become payable to police officers
of the Township.
B.
Any pension benefits from any pension plans heretofore established
by a private organization or association for the members of the police
force but only to the extent that this commonwealth or any of its
municipalities shall have contributed to such pension plan moneys
raised by taxation.
[Amended 7-10-2018 by Ord. No. 737]
A.
Intervening military service. Any member of the Township police force
who has been in service or who thereafter enters the military service
of the United States shall have credited to his employment record
for pension benefits all of his time in the military service if he
returns to his employment within six months after his separation from
military service.
B.
Nonintervening military service credit. The amount due for the purchase
of credit for military service other than intervening military service
shall be computed by complying the average normal cost rate for Borough,
Town, Township and Regional Police Pension Plans as certified by the
Public Retirement Commission, but not to exceed 10%, to the members
average annual rate of compensation over the first three years of
municipal service and multiplying the result by the number of years
and fractional part of a year of creditable non-intervening military
service being purchased together with interest at a rate of 4 3/4
% annually from the date of initial entry into military service to
the date of payment.
Payments made under the provisions of this article shall not
be a charge on any other fund in the treasury of the Township or under
its control, save the Municipal Police Pension Fund herein created
and provided for.
The Township shall employ an actuary at a compensation to be determined from time to time by the Board of Township Commissioners. The actuary shall determine the present value of the liability for pensions payable under §§ 45-7, 45-8 and 45-9 of this article to police officers for service prior to the effective date of this article. The unfunded liability shall be paid by the Township over a period not to exceed 25 years, except that the value of any assets transferred to the fund from previous pension funds heretofore established shall be used toward the payment of such unfunded liability. The actuary shall also determine the amount which shall be contributed annually into the fund for the service of police officers subsequent to the establishment of this Police Pension Fund, such payments to be known as "future service costs."
[Amended 4-10-1972 by Ord. No. 184; 8-11-1976 by Ord. No. 244]
Any member of the police force who, for any reason, shall be ineligible to receive a pension hereunder after having contributed to the Police Pension Fund created hereby shall be entitled to a refund for all such moneys paid by him into said fund immediately upon discontinuance of his employment with the police force, plus interest on said moneys payable at the rate of 4% per annum compounded annually at the end of each calendar year. If such discontinuance is due to death, the refund shall be paid to his designated beneficiary or to his estate to the extent that it has not been paid to his family under § 45-9 above. The existing private pension fund for the benefit of members of the police force of the Township may be continued; however, no Township fund or funds received from said Treasurer as aforesaid shall be paid to such private fund, and no police officer shall be required to make any contributions toward this fund.
The pensions herein provided shall not be subject to attachment
or any other legal process and shall be payable only to those persons
indicated to be eligible for pension payments and shall not be subject
to assignment or transfer.
[Amended 11-10-1969 by Ord. No. 156; 3-18-1987 by Ord. No. 364]
The expenses of administration and management of the fund, including
the compensation of the actuary, shall be paid by the plan.
[Adopted 3-12-1962 by Ord. No. 1988; amended in its entirety 3-8-2016 by Ord. No. 713]
The Township of Lower Moreland hereby adopts the ICMA Retirement
Corporation Governmental Purchase Plan and Trust, a copy of which
is incorporated herein as Exhibit A to this article.[1]
[1]
Editor's Note: Said exhibit is on file in the Township offices.
Former Art. III, Employee Pension Plan and Trust, adopted 7-9-1973
by Ord. No. 202, as amended, which immediately followed this article,
was repealed 3-8-2016 by Ord. No. 713.
