[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[1]]
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").[2]
[1]
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.
[2]
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[1]]
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,[2] 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.
[1]
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.
[2]
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.
