[HISTORY: Adopted by the Borough Council
of the Borough of Media as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-12-1966 by Ord. No. 504]
[1]
Editor's Note: Ordinance No. 930, adopted
6-18-1998, provided as follows: Effective as of August 21, 1997, the
accompanying joinder agreement and the terms of the Pennsylvania State
Association of Boroughs Master Retirement Trust are hereby adopted
by the Employer (Borough), to be known as the Borough of Media Nonuniformed
Employees Pension Plan, and that said plan shall be deemed to be a
successor to and a continuation of the prior plan.
Ordinance No. 963, adopted 12-19-2002, provided
as follows: Effective as of December 31, 2002, the accompanying joinder
agreement and the terms of the Pennsylvania State Association of Boroughs
Master Retirement Trust are hereby adopted by the employer, to be
known as the Borough of Media Nonuniformed Employees Pension Plan,
and that said plan shall be deemed to be a successor to and a continuation
of the prior plan.
This article is adopted pursuant to the provisions
of the Borough Code, Act of Assembly, P.L. 519 of May 4, 1927, Article
XI, Section 1104.1 (added 1945) and the Pennsylvania Borough Code
of 1966, Act No. 5081 of February 1, 1966, Section 1105 (53 P.S. §§ 46104
and 46105, respectively).
[Amended 3-21-1968 by Ord. No. 541; 10-19-1972 by Ord. No. 611; 10-17-2013 by Ord. No. 1107; 4-20-2014 by Ord. No. 1110]
Eligibility for this pension plan shall be closed
for any non-union employee of the Borough hired on or after July 1,
2013, and any union employee of the Borough hired on or after January
1, 2014. All Borough appointees and employees who were hired prior
to the applicable aforementioned cutoff dates and who have been in
the employ of the Borough of Media for a continuous period of 10 years
or more of satisfactory service and have attained the age of at least
60 years and are not members of or entitled to receive any benefits
from any pension plan or other retirement system of the Borough of
Media shall be paid from the general tax levy of the Borough of Media
upon cessation of service and, while this article remains in effect,
compensation in an amount computed according to a schedule of age
attained on the date of cessation of service, less any benefits they
may receive or be entitled to receive on the date of cessation under
the Social Security Act, so that the total amount received by them
from the Borough and from social security shall equal the percentage
of compensation last paid, as determined in joinder agreements entered
into by the Borough from time to time.
[Amended 2-15-1968 by Ord. No. 539]
A.
For purposes of computing the amounts to be paid hereunder, the Borough Treasurer, upon an employee's cessation of service, shall ascertain the total compensation paid to that employee in the immediately preceding 52 weeks of service, exclusive of overtime pay or compensation. He shall then divide that total compensation by 24 to arrive at 50% of that employee's last monthly compensation and, by subtracting therefrom the social security benefit to be received by the employee, shall thereby determine the allowable monthly retirement benefit to be paid by the Borough hereunder and as provided in § 53-2 hereof.
B.
Payments hereunder shall be paid monthly at the end
of each calendar month for that month, commencing with the first full
calendar month after cessation of service; for employees terminating
service during a month, the total allowable retirement benefit shall
be apportioned for the balance of the month and added to and paid
with the first payment at the end of the first full calendar month.
C.
Upon an employee's death, payments shall cease with
the last payment paid to him, unless his wife survives, in which event
the monthly payment for the month in which he died shall be paid to
her.
The proper Borough officials are hereby authorized
to establish the procedures and make regulations in accordance herewith
to carry out the terms and provisions hereof and to make the payments
provided for hereunder and to make such payments out of the general
fund of the Borough, derived from the general tax levy.
Nothing herein shall preclude any appointee
or employee from joining in any pension plan or retirement system
now or hereafter adopted or established or created by the Borough
of Media; the sole purpose hereof is to provide compensation to qualifying
employees and appointees who, by reason of age, cannot advantageously
join a Borough pension or retirement system.
This article shall become effective immediately
and be applied to any qualifying Borough employees or appointees who
have ceased their employment on or after March 1 of this year.
This article may be repealed at any time and
the payments made hereunder are entirely in the discretion of the
Borough of Media, and this article is notice to all Borough appointees
and employees that no rights to payment or benefit hereunder are or
shall hereby vest in any such appointees and employees.
[Added 12-17-1992 by Ord. No. 850; amended 1-2-1996 by Ord. No. 900]
A.
The Non-Uniformed Employees Pension Plan is amended
by the adoption of the Defined Benefit Pension Plan established in
the joinder agreement as propounded by the Pennsylvania State Association
of Boroughs.
B.
The Defined Benefit Pension Plan of the Borough of
Media shall consist of the following:
(1)
Accrued benefit. "Accrued benefit" shall mean, as
of any given date, the participant's monthly benefit determined in
accordance with the formula provided under Section 4.01, which amount
shall be based upon the participant's years of credited service determined
as of such date and which shall represent, as of a given date, the
monthly benefit that would be payable at the participant's normal
retirement date (or the actuarial equivalent thereof), provided that
the participant satisfies any requirements set forth hereafter for
entitlement to receive such benefit.
[Amended 8-21-1997 by Ord. No. 923]
(2)
Compensation. "Compensation" shall mean the total
compensation paid to the employee by the employer within the plan
year which is subject to tax under Section 3101(a) of the Internal
Revenue Code without regard to the dollar limitation of Section 3121(a).
(3)
Determination of compensation. The period over which
compensation shall be averaged in order to determine the average monthly
compensation shall be 12 months. The average monthly compensation
shall be averaged over the averaging period of 12 months which is
the averaging period immediately preceding the participant's retirement
or other termination of employment.
(4)
Eligibility.
(a)
The term "employee" excludes the following class
of employees of the Borough of Media: any uniformed employee or any
other employee employed less than full-time.
(b)
The age of retirement shall be not less than
the attainment of the age of 62 years (or such younger age as may
be agreed to in any collective bargaining agreement entered into by
the Borough from time to time for employees who are members of the
bargaining unit subject to such collective bargaining agreement).
The year of credited service shall refer to the twelve-month period
of continuous employment during which a participant is employed by
the employer and making any mandatory contributions which are required
as a condition of participation hereunder. Years of credited service
shall be calculated in whole years and completed months of continuous
employment.
[Amended 4-20-2014 by Ord. No. 1110]
(5)
Entry dates. The entry date upon which employees who
have satisfied the plan's eligibility requirement may enter the plan
immediately upon employment.
(6)
General eligibility requirements.
(a)
Each employee shall become a participant in
the plan when he or she satisfies the eligibility requirement of attaining
the age of 18 years.
(b)
Participants in the plan shall be required to
make mandatory contributions to the plan as a condition of employment
with the employer and each participant shall, as a condition of participation,
make contributions to the plan at the rate of 6 1/2% of total compensation,
subject to such limitations as may be contained in any collective
bargaining agreements entered into by the Borough from time to time
applicable to employees whom are members of the bargaining unit subject
to such collective bargaining agreement). If the employee is reemployed
by the employer subsequent to incurring a break in service, his prior
continuous service shall be recredited with his prior service only
if the employee repays any refund of contributions plus interest which
he received prior to his termination with the employer. Participants
are permitted to make voluntary contributions to the plan in accordance
with the provisions as stated herein.
[Amended 4-20-2014 by Ord. No. 1110]
(7)
Form of retirement benefits.
(a)
The normal form of retirement benefits shall
be an annuity with 120 months for payment of benefits.
(b)
The benefit formula for determining the amount
of the participant's normal monthly retirement benefit referred to
above shall be 1% of the average monthly compensation multiplied by
the years of credited service prior to January 1, 1981, plus 1.25%
of average monthly compensation multiplied by the years of credited
service between December 31, 1980, and December 31, 1991, plus 2%
of the average monthly compensation multiplied by the years of credited
service after January 1, 1992. Notwithstanding the above, the maximum
normal retirement benefit payable shall be 70% of the average monthly
compensation. The plan does not provide for early retirement benefits.
(8)
Late retirement benefits. A participant who retires
on a late retirement date shall be permitted to receive a pension
based on the normal retirement benefit formula and such late retirement
benefits equal to the participant's accrued benefit determined as
of his late retirement date and reflecting compensation and service
credited subsequent to his normal retirement date.
(9)
Disability benefits. Participants shall be eligible
to receive a disability benefit upon becoming totally and permanently
disabled. As a condition of totally or permanently disabled shall
mean a condition of physical or mental impairment due to which a participant
is unable to perform any and every duty of gainful occupation for
which he is reasonably fitted through training, education and experience
which continues to run for a period of at least six months and will
be permanently and continuously for the remainder of the participant's
lifetime and due to which a participant is certified by the Social
Security Administration as being eligible for social security disability
benefits. Disability benefit payments shall be a disability retirement
benefit commencing after six months of total and permanent disability
and continuing throughout the participant's life until the first day
of the month in which the participant's death occurs. The amount of
participant's disability benefits shall be equal to his accrued benefit
determined as of the date when his employment terminates due to his
total and permanent disability. In the event a person is reemployed
subsequent to receiving disability benefits, such participant's service
shall be determined as of the date when his employment terminated
due to his total and permanent disability.
(10)
Preretirement death benefits. The plan shall
not provide for any preretirement death benefits, except only a refund
of employee contributions.
(11)
Post-retirement death benefit. The post-retirement
death benefit, if any, provided by the plan shall be limited to the
form of benefit in force for such participant at the time death occurs.
(13)
Vesting schedule. A participant is 100% vested
in the accrued benefit upon plan participation.
(14)
Administration costs. Administration costs can
be taken directly from the plan's assets.
C.
The Officers of the Council of the Borough of Media
are authorized to enter into the Defined Benefit Pension Plan Joinder
Agreement of the Pennsylvania State Association of Boroughs. This
Plan may be amended by the Council of the Borough of Media by approved
amendments to the Plan.
D.
This section is retroactive effective back to December
31, 1995.
[Adopted 4-19-1979 by Ord. No. 691; amended in its entirety 2-21-1980 by Ord. No. 700]
[1]
Editor’s Note: The current Police Pension Plan was amended
6-18-1996 by Ord. No. 929, effective 1-1-1996; 12-19-2002 by Ord.
No. 964, effective 12-31-2002; 10-18-2007 by Ord. No. 1039, effective
9-25-2007; 2-19-2009, adopted by Ord. No. 1056, effective 2-19-2009;
6-20-2013 by Ord. No. 1106, effective 1-1-2013; 8-16-2018 by Ord.
No. 1132, effective 1-1-2018.
A complete copy of the Police Pension Plan with any amendments
thereto is on file in the Borough offices.
Pursuant to the Act of Assembly known as the
Act of May 29, 1956, P.L. 1804 et seq., as amended, 53 P.S. § 767
et seq., the Police Pension Fund of the Borough of Media shall be
in conformance with and operate according to all of the provisions
of the aforesaid Act.
The total of interim service of any member of
the police force for whom the pension fund has been established shall
be 25 years in the Borough of Media, and the minimum age of a member
of the police force shall be 55 years, after which the member may
retire from active duty. If members of the police force have served
a period with the Borough of Media of no fewer than 20 years, such
a member may retire and be entitled to the police pension at the attainment
of the age of 60 years.
A.
The monthly pension or retirement benefits, other
than length-of-service increments, shall be computed at 1/2 of the
monthly average salary of such members during the last 36 months of
employment.
B.
Such pension or retirement benefits for any month
shall be computed as the sum of:
(1)
Any pension benefits from 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; and
(2)
Benefits from the Police Pension Fund established
pursuant to this article, to the extent necessary to bring the total
benefits in any month up to 1/2 the aforesaid monthly average salary.
C.
Members shall pay into the fund weekly an amount equal
to 5% of compensation in order to accomplish the elimination of the
social security offset as provided by statute.
In addition to the aforesaid, each retired police
officer, pursuant to this article, shall be entitled to a length-of-service
increment for years of service beyond 25 years of $100 for each year
of such service up to the maximum amount authorized by statute.
Each retired officer receiving retirement benefits
pursuant to this article shall receive a cost-of-living increase,
which increase shall be measured by the percentage increase in the
all items index of the consumer price index for the Philadelphia area
from the year in which the police member last worked; provided, however,
that in no case shall the total police benefits exceed 75% of the
salary used for computing retirement benefits and provided, further,
that the total cost-of-living increase shall not exceed 30%.
Retirement of any police officer in the Borough
of Media is mandatory at age 60. Such mandatory retirement is found
necessary by the Council of the Borough of Media as a result of the
rigors of police duty.
Payments made to anyone entitled to benefits
under the police pension herein established shall not be a charge
on any other fund of the treasury of the Borough of Media but shall
be a charge upon the Police Pension Fund only.
All other rights and privileges and immunities
established by statute are deemed to be unaffected by this article.
[Added 8-17-1996 by Ord. No. 895]
A.
Establishment of plan. The Borough of Media Police
Pension Plan is amended by the adoption of the Defined Benefit Pension
Plan established in the joinder agreement as proposed by the Pennsylvania
State Association of Boroughs.
B.
Eligibility for participation in program.
(1)
Each full-time police person now or hereafter employed
by the Borough of Media shall be eligible to participate and shall
be a participant in the Police Pension Plan immediately following
the completion of the mandatory probationary period of six months
following his/her hiring.
(2)
The term "full-time police person" shall mean any
police person who completes at least 40 hours of work-related duty
per week for the "employer" who is specified as the Borough of Media,
located in Delaware County, Pennsylvania.
C.
Age and service requirements. After January 1, 1997,
each participant who has been in the employ of the Borough of Media
as a police officer for 25 years of aggregate service, and who has
attained the age of 50 years may retire and shall, upon his/her actual
retirement from his/her employment with the Borough of Media, be entitled
to receive full pension or retirement benefits as are hereinafter
provided.
D.
Contribution rate.
(1)
Each participant shall pay into the fund, monthly,
an amount equal to 5% on the total compensation paid to the participant
by the employer within the plan year which is subject to tax under
Section 3101(a) of the Internal Revenue Code without regard to the
dollar limitation of Section 3121(a).
(2)
Interest shall be credited on each participant's contribution
at the rate of 6% per annum. Such interest shall be credited annually
in the form of a compound interest rate.
(3)
Effective upon approval by the Internal Revenue Service,
the Borough of Media shall "pickup" the contribution requirement of
the participants outlined in the foregoing subsection. No participant
shall have the option to forego this contribution and receive the
amount as compensation. A corresponding reduction in the participant's
salary shall be made in the amount of the pickup consideration. For
purposes of the Internal Revenue Code, such contributions shall be
treated as employer contributions pursuant to Section 414(h)(2) of
the Internal Revenue Code of 1986.
E.
Retirement or pension benefits.
(1)
The normal form of retirement benefits shall be a
single life annuity.
(2)
The pension or retirement benefits shall be payable
during the balance of the participant's life following actual retirement,
and after fulfillment of the age and service requirements set forth
above. The monthly benefit shall be a sum equal to 1/2 of the final
monthly average salary earned by the participant and paid by the employer
during the final 36 months immediately preceding retirement which
are included in the averaging period.
(3)
There shall be no social security offset.
F.
Service increments.
(1)
The Borough of Media provides for increments in pensions
for individuals who have more than 25 years of service of $150 per
year for each additional year of service over 25 years. However, at
no time may these increments increase the pension more than $100 per
month.
(2)
This benefit is provided in addition to the above-noted
monthly pension benefit.
G.
Cost of living increase. A cost of living increment
shall be provided to retired officers receiving normal retirement
or pension benefits, and such increment shall not exceed the percentage
increase in the Philadelphia Area Consumer Price Index from the year
in which the participant was last employed by the employer. Provided,
further, that:
(1)
In no case may the total police pension benefits exceed
75% of the retired officer's final monthly average salary;
(2)
The retired officer's total cost of living increase
shall not exceed 30%; and
(3)
No cost of living increase shall be granted which
would impair the actuarial soundness of the Police Pension Fund.
H.
Total and permanent disability.
(1)
In the event of any participant's total and permanent
disability incurred in the service, such participant shall become
eligible for a monthly disability pension as set forth below. Such
disability benefits shall commence when such participant has been
totally and permanently disabled.
(2)
"Total and permanent disability" shall mean a condition
of physical or mental impairment due to which a participant is unable
to perform any customary duties of his/her employment with the employer.
(3)
If any officer is permanently or totally disabled
from performing police work for the Borough of Media from a service
connected cause, he/she shall receive 70% of his/her wages at the
time of his/her retirement therefor, less a credit to the Borough
for any amount paid under the Workmen's Compensation Law.
[Amended 4-20-2014 by Ord. No. 1110]
I.
Death benefits. A member of the police force, as shall
receive honorable discharge therefrom by reason of age or disability,
and subsequently dies, the spouse of such member shall, during said
spouse's lifetime or so long as such surviving spouse does not remarry,
be entitled to receive a pension calculated at the rate of 50% of
the pension that the member had been receiving at the time of his
or her death. In the event that there is no surviving spouse, or if
there is a spouses, but he or she subsequently dies or remarries,
then the child or children under the age of 18 years of the deceased
member shall be entitled to receive a pension calculated at the rate
of 50% of the pension that the member had been receiving at the time
of his or her death. The aforesaid benefits shall also apply in the
event the member dies before receiving pension benefits, provided
that he or she was entitled to receive such benefits at the time of
death; in this case, the amount of benefits that the above-described
survivors will be entitled will be calculated at the rate of 50% of
the pension the member would have been entitled to receive at the
time of death.
J.
Expenses of administration. Administration costs can
be taken directly from the plan's assets.
