[Adopted 8-11-1977 by Ord. No. 1977-06 (Ch. 1, Part 9, of the 2003 Code)]
[Amended 9-25-2003 by Ord. No. 2003-14]
A. Title. This article shall be titled and known as the
"Springettsbury Township Police Pension, Death and Disability Fund
Ordinance of 1977."
B. Purpose. The purpose of this article is to amend the
Police Pension, Death and Disability Fund for the benefit of members
of the police force of the Township pursuant to the Police Pension
Fund Act of May 29, 1956, P.L. 1804, Act No. 600, as amended (53 P.S.
§ 767 et seq.), commonly known as "Act 600." The fund was
originally established by Ordinance No. 63-3, adopted April 4, 1963,
and was reestablished by Ordinance No. 77-06, adopted August 11, 1977,
as amended; and supplemented and restated by the Plan Document prepared
by Conrad M. Siegel, Inc., adopted September 25, 2003, by Ordinance
No. 03-14. The intent of this article is for the Township Police Pension,
Death and Disability Fund to comply and be consistent with Internal
Revenue Service Rulings 2001-62, 2002-27, and the final regulations
issued under the Internal Revenue Service Code Section 401(a)(9).
[Amended 12-11-2003 by Ord. No. 2003-19]
[Added 12-11-2003 by Ord. No. 2003-19; amended 12-14-2006 by Ord. No.
2006-13]
The Springettsbury Township Police Pension and
Disability Fund Document as previously established, amended, and restated
is now hereby amended in order to continue its compliance with the
tax-exempt retirement plan requirements of the Internal Revenue Code
of 1986, as amended, Section 401(a). This is more fully set forth
in the 2006 Compliance Amendment to the Springettsbury Township Police
Pension, Death, and Disability Fund attached hereto as Exhibit A and
incorporated herein by reference.
[Added 12-11-2003 by Ord. No. 2003-19]
The Chairman of the Board of Supervisors is
authorized to execute the amended Plan Document incorporated herein
together with any and all other documents or instruments as shall
be necessary to effectuate the Plan, including fund custodian agreements,
trust agreements, investment management agreements and any other agreements
required for the proper administration of the fund.
[Added 12-11-2003 by Ord. No. 2003-19]
The effective date of the Plan amendment shall
be the first day of the Plan year beginning on or after January 1,
2002, as provided for in the 2003 Compliance Amendment attached hereto.
[Amended 3-22-1984 by Ord. No. 1984-05; 4-24-1997 by Ord. No. 1997-04]
The following words, terms and phrases shall
have ascribed to them the meanings herein set forth, unless the use
of such word, term or phrase in context clearly indicates a different
meaning:
ATTENDING COLLEGE
An eligible child of a deceased retired officer or of an
officer killed in service, who is registered at an accredited institution
of higher learning and carrying a minimum course load of seven credit
hours per semester.
[Added 6-23-2011 by Ord. No. 2011-06]
BENEFICIARY
Any person who receives or is entitled to receive any benefit
or value pursuant to the provisions of this article.
BENEFIT
The value received or to be received by any person pursuant
to the provisions of this article.
BOARD
The Springettsbury Township Police Pension, Death and Disability
Fund Board.
BOARD OF SUPERVISORS
The duly elected members of the Board of Supervisors of Springettsbury
Township.
COMMISSION
The Public Employee Retirement Study Commission established
pursuant to the Act of July 9, 1981, (P.L. 208, No. 66) known as the
"Public Employee Study Commission Act."
DISABLED
A permanent impairment of physical or mental ability incurred
in service which totally prevents a member from performing police
work for the Township.
FUND
The Springettsbury Township Police Pension, Death and Disability
Fund.
FUTURE SERVICE COST
The amount of money required to be contributed annually into
the fund on account of benefits payable under this article to members
of the police force for service subsequent to the date of the establishment
of the fund.
GENERAL FUND
The moneys of the Township derived from its taxing authority
under the laws of the Commonwealth of Pennsylvania.
MEMBER
A duly appointed police officer of the Springettsbury Township
police force.
MONTHLY AVERAGE SALARY
A member's average gross direct monetary monthly compensation
for the period of the last 36 months prior to the date he or his beneficiary
becomes entitled to any benefit under this article; provided, however,
that if a member or his beneficiary becomes entitled to a benefit
before he has been employed as a police officer for a period of 36
months, then "monthly average salary" shall be the average gross direct
monthly compensation for all of the months he has been so employed.
"Monthly average salary" shall not include any lump sum paid to the
member as accumulated unused sick leave.
POLICE FORCE
The body of duly appointed full-time police officers of Springettsbury
Township.
TOWNSHIP
Springettsbury Township, York County, Pennsylvania.
UNFUNDED LIABILITY
The present value of the liability of the fund on account
of retirement benefits payable under this article to members of the
police force for service prior to the date upon which they first made
contributions to the fund, offset by the value of assets transferred
to the fund from a previous pension fund.
[Amended 4-24-1997 by Ord. No. 1997-04]
A. Establishment of fund. There is hereby established
(and reestablished) a Police Pension, Death and Disability Fund for
members of the police force of Springettsbury Township.
B. Initial funding. All moneys, equities and assets (including
member contributions) of the Police Pension, Death and Disability
Fund established under and pursuant to Springettsbury Township Ord.
1963-3, 4-4-1963, are hereby transferred to and incorporated into
the fund established by this article. Such moneys, equities and assets
shall hereafter be administered and applied pursuant to the provisions
of this article.
C. Maintenance of fund. The fund hereby established shall
be maintained by moneys or other assets received from the following
sources:
(1) Payments received from the state pursuant to the General
Municipal Pension System State Aid Program.
(2) By contribution from each member of the police force.
(3) By appropriations made by the Board of Supervisors
from the General Fund of the Township.
(4) By gift, grant, devise or bequest of money or property,
real, personal or mixed, to or in trust for the use of the fund.
D. Liability for payment.
(1) Unfunded liability. The unfunded liability of the
fund, if any, determined by the actuary, shall be paid entirely by
the Township.
(2) Future service cost. The future service cost of the
fund shall be paid as follows:
(a) Each member of the police force shall contribute and
pay unto the fund an amount equal to:
[1]
Two and three-fourths percent of his gross compensation
upon which federal social security taxes are payable.
[2]
Five percent on that portion of his gross compensation
in excess of that upon which federal social security taxes are payable.
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The members' contributions shall be paid by
the Township, deducting such amounts from each member's compensation
for each pay period. Such contributions shall continue until such
time as the same may be adjusted as hereinafter provided.
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(b) The Township shall be liable for the remainder of
the required annual contributions, as determined by the actuary, to
meet the future service cost of the fund. Such contributions shall
be made from the monies received from the state pursuant to the General
Municipal Pension System State Aid Program.
E. Application of certain receipts.
(1) The payments received from the state pursuant to the
General Municipal Pension System State Aid Program which are allocated
to the fund shall be used and applied as follows:
(a) To reduce any unfunded liability and after such liability
has been funded.
(b) To apply against the annual obligation of the Township
for future service cost and to the extent that the payment may be
in excess of such obligation.
(c) To reduce member contributions.
(2) Monies from sources other than member or Township
contributions shall be applied equally against the member and Township
obligations for future service cost.
F. Adjustment of member contributions. If an actuarial study shows that the condition of the fund is such that payments into the fund by members may be reduced below the percentages prescribed in Subsection
D hereof, or eliminated, and that if such payments are reduced or eliminated, contributions from the General Fund of the Township will not be required to keep the fund actuarially sound, the Board of Supervisors may, by resolution, on an annual basis, reduce or eliminate payments into the fund by members.
G. Actuarial valuation report.
(1) The Board of Supervisors shall employ and retain an
actuary who shall make an actuarial valuation report of the sufficiency
of the fund to pay the benefits to members as prescribed by this article.
(2) Actuarial valuation reports shall be made and filed
in accordance with Act 205 of 1984, and any other applicable state
law.
[Amended 4-24-1980 by Ord. No. 1980-05; 4-9-1981 by Ord. No. 1981-02; 3-22-1984 by Ord. No. 1984-5; 4-24-1997 by Ord. No. 1997-04]
A. Minimum service and age requirements.
(1) A member of the police force may retire from active
duty after a minimum period of 25 years of total service with the
Township and having attained a minimum age of 50 years.
(2) A member of the police force who has been a regularly
appointed officer of the Township for a period of at least six months
and who thereafter shall involuntarily be inducted into the military
service of the United States, shall have credited to this length of
service requirement all of the time spent by him in such military
service, if such member returns or has heretofore returned to his
employment within six months after his separation from the military
service.
(3) A member of the police force who was not employed
by the Township prior to his military service may purchase credit
for each year of military service or fraction thereof, not to exceed
five years, of such nonintervening military service. The amount due
for the purchase shall be computed by applying the average normal
cost rate for borough and township police pension plans as certified
by the Commission, but not to exceed 10%, to the member's average
annual rate of compensation over the first three years of Township
service and multiplying the result by the number of years and fractional
part of a year of nonintervening military service being purchased
together with interest at the rate of 4 3/4% compounded annually
from the date of initial entry into Township service to the date of
payment.
(4) A member of the police force shall not be eligible to receive service credit for intervening or nonintervening military service as provided in Subsection
A(2) and
(3) of this section if such member is entitled to receive, eligible to receive now or in the future, or is receiving retirement benefits for such military service under a retirement system administered and wholly or partially paid for by any government 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 specific age and period of service under 10 U.S.C., Chapter 67 (relating to retired pay for nonregular service).
(5) A member of the police force meeting the minimum age
and service requirements of this section may be retired by the Township
at any time upon 60 days' written notice from the Township and such
member shall be retired upon attaining the age of 65 years.
B. Retirement benefits. Upon retirement, a member of
the police force shall receive a monthly pension equal to 1/2 his
month average salary during the last 36 months of his employment as
a police officer.
C. Adjustment of benefits. In addition to the regular monthly retirement benefit provided in Subsection
B, a member of the police force shall upon retirement be eligible to receive the following:
(1) A length of service increment equal to $50 per month
for each year of service beyond 25 years, not to exceed an aggregate
of $100 per month.
(2) A cost of living increase subject to the following
conditions:
(a) The annual cost of living increase shall be payable
commencing on the fifth anniversary of the member's retirement.
(b) Such cost of living increase shall not exceed the
percentage increase in the Consumer Price Index from the year in which
the member last worked.
(c) In no case shall the member's total benefit exceed 75% of the salary for computing retirement benefit described in Subsection
B of this section.
(d) The total cost of living increase shall not exceed 30% of the retirement benefit provided in Subsection
B of this section.
(e) The cost of living increase shall not impair the actuarial
soundness of the fund.
D. Vesting.
(1) Should a member of the police force, before meeting the minimum service and age requirements of Subsection
A of this section, but after having completed 12 years of total service with the Township, for any reason cease to be employed as a full-time police officer of the Township, such member shall be entitled to vest his retirement benefits by filing with the Board of Supervisors within 90 days of the date he ceases to be a full-time police officer, a written notice of his intention to vest.
(2) A member vesting his retirement benefits, upon reaching
the date he would have qualified to receive such benefits if he had
continued to be employed as a full-time police officer by the Township,
shall be paid a partial retirement benefit determined as follows:
(a) The percentage which such member's actual years of service bears to the years of service he would have rendered had he continued to work until reaching the minimum service and age requirements of Subsection
A of this section shall be applied to an amount equal to 1/2 such member's monthly average salary during the last 36 months of his employment with Township as a full-time police officer and the amount so determined shall be such member's retirement benefit.
[Amended 4-24-1997 by Ord. No. 1997-04]
A. Eligibility. In the event that a member of the police force shall be disabled as a result of injury incurred in service, such disabled member shall be retired and be entitled to receive the benefits provided in Subsection
B of this section regardless of age or length of service.
B. Total disability benefits.
(1) Upon becoming totally disabled, a member of the police
force shall receive a monthly disability benefit equal to 1/2 his
monthly average salary during the last 36 months of his employment
as a police officer, reduced, however, by an equal amount to the sum
of:
(a) Any benefits received under the Workmen's Compensation
Act of the Occupation Disease Act of the Commonwealth of Pennsylvania.
(b) Any benefits received under the federal social security
laws.
(c) Any benefits received from a disability insurance
contract for which premiums have been paid in whole or in part by
the Township.
(2) No benefits shall be paid under this section until
the disabled member's total accumulated sick leave has been paid to
him by the Township.
[Amended 3-22-1984 by Ord. No. 1984-05; 6-23-2011 by Ord. No. 2011-06]
A. Persons entitled. In the event that an active member of the police force shall die while an active member of the police force but while eligible for retirement pursuant to §
56-7 or a retired member dies after becoming entitled to benefits under this article, and such member is survived by a spouse or, if no spouse survives, by a child or children not having attained the age of 18 years, or if attending college, as defined herein, under or attaining the age of 23, such spouse, child or children shall be entitled to receive the benefits described in §
56-9C of this article.
B. Killed-in-service
survivor's benefit. The survivors of any officer killed in the line
of duty shall be entitled to a survivor's benefit that will be paid
by the Commonwealth of Pennsylvania pursuant to the terms of Act 51
of 2009.
C. Survivor's
benefits.
(1) Spouse.
An eligible surviving spouse shall receive a monthly benefit equal
to 50% of the amount a deceased active member would have been entitled
to receive had he been eligible for retirement as of the date of his
death, or was receiving, if retired. The benefits of an eligible surviving
spouse shall cease and terminate upon the occurrence of the death
of the surviving spouse.
(2) Children.
The child or children of a deceased member not survived by a spouse
shall receive a monthly benefit equal to 50% of the amount a deceased
active member would have been entitled to receive had he been eligible
for retirement as of the date of his death, or was receiving, if retired.
The benefit being received by a child or children shall cease upon
the youngest child attaining the age of 18 years or, if attending
college as defined herein, under or attaining the age of 23. There
shall be no reduction in the total benefit payable under this subsection
to the remaining child or children of a class upon one or more of
them attaining the age of 18 years.
[Amended 4-24-1997 by Ord. No. 1997-04]
A. Benefit payments limited to fund. The payments for
the benefits under this article shall not be a charge on any other
fund in the treasury of the Township or under its control, except
the fund herein established.
B. Right to share in fund. No person participating in
the fund established by this article, who becomes entitled to receive
a benefit therefrom, shall be deprived of his right to an equal proportionate
share therein upon the basis upon which he first became entitled thereto.
C. Refunds upon termination of employment. Any member
of the police force who, for any reason whatsoever, shall be ineligible
to receive a benefit after having contributed any moneys to the fund
established by this article, or any predecessor funds incorporated
therein, shall be entitled to a refund of all such moneys paid by
him into the fund, together with interest calculated at the rate of
5% compounded as of December 31 of each year. If such ineligibility
is due to the death of a member without a spouse or a child or children
surviving him, then the refund shall be made to his designated beneficiary
or, in the absence thereof, to his estate. All such refunds shall
be made within 60 days of the date of last employment.
D. Benefits not subject to attachment of assignment.
The benefit payments provided for in this article shall not be subject
to attachment, execution, levy, garnishment or other legal process
and shall be payable only to the person entitled thereto, or his legal
representative. The said benefit payments shall further not be subject
to voluntary assignment or transfer by the person entitled thereto.
[Amended 4-24-1997 by Ord. No. 1997-04]
A. Established. The fund established by this article
shall be administered by the Township Police Pension, Death and Disability
Fund Board (Police Pension Board) which shall be composed of the five
elected or appointed members of the Township Board of Supervisors
and two members of the police force designated by the Springettsbury
Township Police Officer's Association.
B. Officers. The Police Pension Board shall reorganize
annually on the first Monday of January, immediately following the
reorganization meeting of the Board of Supervisors. The members shall
elect a Chairperson, a Vice Chairperson and a Secretary. The Secretary
need not be a member of the Board.
C. Administrator. The Police Pension Board may appoint
and employ a trust administrator to hold, invest and administer all
monies, equities and assets of the fund. Such administrator shall
hold, invest and administer the same in accordance with the terms
and conditions of the instrument creating said trust which shall not
be inconsistent with the provisions of this article and any enabling
legislation. The Board may also appoint an alternate trust administrator
who shall have the power and authority to act in the absence of the
administrator.
D. Expenses. The expense of the administration of the
fund, including the compensations of the actuary and a trust administrator
shall be paid by the Township from the fund.
E. Determinations of eligibility. The Police Pension
Board shall determine and settle all questions of the eligibility
of persons for benefits under this article; provided, however, that
whenever the just determination and settlement of the question requires
medical opinion and the Board and the applicant are in dispute, such
dispute shall be determined and settled as follows:
(1) The Board shall select a qualified physician (or other
specialist) as the disputed question may indicate.
(2) The applicant shall select a qualified physician (or
other specialist) as the disputed question may indicate.
(3) The two selected physicians (or other specialists)
shall select a third qualified physician (or other specialist) as
the disputed question may indicate.
(4) The concurring finding of two of the selected physicians
(or other specialist) shall be conclusive and binding upon both the
Board and the applicant.
(5) The cost of all three physicians (or other specialists)
shall be paid by the Township from the General Fund.