[Adopted 3-2-1982 as Ch. I, Part 6, Section B, of the 1982 Code of Ordinances]
[Amended 2-4-1997 by Ord. No. 1091]
There is hereby created and established a Borough non-police employees pension, death benefit, disability benefit, and welfare plan (hereinafter referred to as "the Plan").
Editor’s Note: The Borough of Brentwood Non-Police Employees Pension Plan, originally established effective 2-15-1958 and amended from time to time, was amended and restated in its entirety 10-27-2014 by Ord. No. 1231, effective 1-1-2014. A complete copy of the pension plan is on file in the Borough’s offices.
Editor's Note: Former § 322, Transfer of funds, which immediately followed this section was deleted 2-4-1997 by Ord. No. 1091.
[Amended 9-1-1987 by Ord. No. 956]
The fund hereby created shall be under the control, direction and administration of a Board of Trustees for the non-police employees pension and benefit plan (hereinafter referred to as the "Board") composed of the Mayor, President of Council, Borough Secretary, Borough Treasurer, chairman of the Borough Public Works Committee (or its equivalent) and one representative selected from the class of employees including the Borough Street Department and the Borough clerical staff, said representative to be other than an elected Borough official or an appointed Borough official, and said representative to be selected by simple majority vote of all of the members of said class of non-police employees, subject to the approval of Borough Council. No action, decision or recommendation of the Board of Trustees pursuant to their control, direction and administration of this plan and fund shall have any validity, force or effect unless and until such action, decision or recommendation is approved, adopted or ratified by Borough Council, in the manner set forth below in § 35-8.
The Board shall have the power, by majority vote of the entire six-member Board, and with the approval of the Borough Council, expressed by a majority vote of those Council members present at any regular Council meeting at which a quorum is present, to negotiate and execute all contracts and written agreements, and perform all other necessary and lawful actions, to administer the Plan effectively, including the powers to make and/or terminate all lawful and prudent investments of moneys available to the fund; to secure the assistance of investment counselors, advisors, consultants; and to secure the assistance of any and all other professional services, which in the opinion of the Board will best serve to assure the sound and effective maintenance of the fund and the Plan.
[Amended 9-1-1987 by Ord. No. 956]
In the performance of its powers and duties set forth in §§ 35-6 and 35-7 above, Borough Council may approve and implement the recommendations of the Board and the actions of the Board by simple resolution, adopted without the formalities of approval and enactment of a formal ordinance, said resolution to be approved by a simple majority of the Council members present at any regular meeting at which a quorum of Council is present.
All sums of money to be deposited in, transferred from, or paid from said Fund shall be deposited, transferred or paid by the Borough Treasurer under and pursuant to a written order or warrant drawn on the Borough treasury and directed to the Borough Treasurer and signed by the President of Council and the Mayor and attested to by the Borough Secretary. In the absence or unavailability of the Council President, said written order or warrant may be signed, in his stead, by the Vice President of Council.
All funds deposited in, and accruing to, the Fund created and maintained under this article and said Plan shall be maintained as a separate and distinct fund, designated the Brentwood Borough Non-Police Employees Pension and Benefit Fund.
The municipality shall make annual appropriations to said Fund of all amounts necessary, which, with other funds and benefits available to the Borough, shall be sufficient to provide benefits as set forth and required by said Plan, with the amounts to be limited to those necessary to meet premiums and deposits required for the effectuation of the provisions of said Plan.
All non-police full-time employees of the Borough shall be eligible to participate in said Plan upon written notification of election to so participate and upon completion of 12 months of continuous employment with the Borough. The term "full-time" shall be construed as defined by Federal and State laws applicable to the maintenance and operation of such employee pension and benefit plans.
Each participating employee shall contribute 3% of his or her earnings, exclusive of overtime payments, toward the cost of his or her benefits. The Borough shall advance the necessary annual payments and shall deduct an amount sufficient from the employee's salary to reimburse the Borough.
[Amended 9-1-1987 by Ord. No. 955]
Subject to the provisions of § 35-20 set forth below in this article, any and all moneys hereby transferred to said Fund shall be used exclusively for the purposes of said fund and solely for the purposes of providing pension, death, disability and other benefits as required and permitted under the Plan. Such benefits shall be paid on a uniform scale in accordance with regulations prescribed by Borough Council from time to time for the benefit of participants in the Plan.
Each participant in the Plan shall be provided for by necessary contracts and agreements of pension, insurance and disability benefits issued by an underwriting insurance company selected by the Board of Trustees with the approval of Borough Council.
The Borough Secretary is hereby authorized to prepare all forms and documents for benefits required under the law, to arrange for the payments and premiums and deposits as they might become due and payable from the fund, and to prepare all necessary applications for contracts of insurance required under the Plan. All such contracts shall be delivered to the custody of the Borough of Brentwood. The Board of Trustees are hereby authorized and directed to pay all premiums on insurance contracts now in force and on additional contracts purchased as they become due. The Borough of Brentwood shall be the sole owner of such contracts and/or deposits, except for such values as might become payable by reason of death, disability or other benefits vested in the Plan participants.
[Amended 9-1-1992 by Ord. No. 1030]
All procedures set forth herein for Plan administration; investment, transfer and/or distribution of funds; continuance of present contracts and purchase of additional contracts and making application therefor, under the General (Non-Police) Pension and Benefit Plan, may be effected, after Council's consideration of the recommendation of the Board of Trustees, by approval by Borough Council expressed in a simple motion, which may be adopted without the formalities required in the adoption of an ordinance or a resolution of a legislative nature.
The pension payments herein provided for shall not be subject to attachment, execution, levy, garnishment or other legal process, and shall be payable only to the participant or his designated beneficiary. No participant or his beneficiary shall have any right to alienate, encumber or assign any assets of the fund held by the Trustees on his behalf, or any of the benefits or payments or proceeds of any contract or agreement purchased or acquired by the Borough hereunder. Any contract or agreement purchased or acquired pursuant to this article upon the life of such participant shall contain a provision, in substance, that to the extent permitted by law none of the benefits or payments or proceeds of such contract or agreement shall be subject to any legal process by any creditor of such participant or beneficiary of such participant.
All contracts, agreements or funds held by the Borough for the purpose of providing pensions, annuities or retirement income or any of them, on any employee who shall be a participant in the program herein established, shall be and hereby are transferred and assigned to the fund herein created. After such transfer, the fund shall assume the liability, if any, of continuing the payment of pensions to employees retired prior to such transfer in accordance with the laws and regulations under which such employees were retired.
[Amended 9-1-1987 by Ord. No. 955]
The expenses and costs incurred in administering this pension and benefit plan shall be paid according to the provisions of the Pennsylvania Municipal Pension Plan Funding Standard and Recovery Act of 1984, Act No. 205 of 1984, as those provisions are interpreted by the Pennsylvania Authority General and by other appropriate Commonwealth officials and courts. In particular, but not by way of limitation, expenses attributable to the preparation of any actuarial valuation report or experience investigation required pursuant to Act No. 205 of 1984 shall be payable from the assets of this pension and benefit plan, and the costs of this pension and benefit plan shall be defrayed by application of any general municipal pension system State aid received by Brentwood.
Editor's Note: Section 3 of this ordinance stated that, upon enactment of this ordinance, all provisions of this ordinance shall be effective retroactively to December 18, 1984, the effective date of the Pennsylvania Municipal Pension Plan Funding Standard and Recovery Act of 1984, P.L. 1005, No. 205. Brentwood Borough Council hereby ratifies all disbursements for administrative expenses and costs made since December 18, 1984, which disbursements would be proper under the provisions of said Act No. 205 of 1984 as interpreted by appropriate Commonwealth officials, and which disbursements were made from any general municipal pension system State aid funds received by Brentwood or from other funds of either the Brentwood non-police employee pension and benefit fund or from the Brentwood police pension and benefit fund.
Editor's Note: See 53 P.S. § 895.101 et seq.
Pursuant to its discretion and determination, Borough Council shall, if and when it deems necessary or beneficial, order and provide for the preparation of any official Borough Non-Police Employees Pension and Benefit Plan Description, to be prepared by persons or entities designated by the Borough Council, and setting forth the provisions and conditions of said Pension and Benefit Plan then in effect. Said Plan Description shall refer expressly to this article and, immediately upon Council's adoption and approval of said Plan Description, it shall be incorporated herein by reference, as completely as though expressly set forth herein.