The following words and phrases as used herein shall have the following meanings unless a different meaning is plainly required by the context:
The accrued benefit of a member expressed in terms of a monthly single life annuity beginning at normal retirement date determined under § 39-3A on the basis of the member's years of service and average monthly compensation.
The Manager of Tredyffrin Township, or any other person that the Board of Supervisors may appoint.
Each December 31.
The average of an officer's compensation from the Township for the 60 consecutive calendar months of employment ending immediately prior to the earliest of the member's actual retirement date, his or her death or any other termination of service as applicable. If an officer is employed by the Township for less than 60 consecutive calendar months prior to the event which causes his or her employment as an officer to terminate, his or her "average monthly compensation" means the average of the officer's compensation for all consecutive calendar months of employment ending immediately prior to the event; provided, however, that with respect to officers hired before January 1, 1991, and retiring or otherwise terminating service with the Township on or after January 1, 1983, the number "36" shall be substituted for the number "60" wherever that number appears in this definition.
[Amended 2-4-1991 by Ord. No. HR-162]
The person, persons or trust designated by the member as direct or contingent beneficiary in a manner prescribed by the Administrator or, in the absence of a beneficiary designation (or if all beneficiary designations are ineffective), the member's spouse, if living, or if his spouse is not living, the member's heirs under the Pennsylvania intestate law.
The Board of Supervisors of Tredyffrin Township.
For the purpose of computing an officer's years of service, an event other than the officer's retirement, death or disability which results in the officer's termination of service with the Township.
An officer's wages from the Township, as reported on the officer's Internal Revenue Service Form W-2, but excluding amounts attributable to overtime pay, on-call pay and educational allowance. Also excluded shall be Township contributions to this or any other employee benefit plan or plans to which the Township contributes for its officers, and amounts identified by the Township as expense allowances or reimbursements.
[Amended 2-4-1991 by Ord. No. HR-162]
The index published by the Bureau of Labor Statistics, United States Department of Labor (1967-100), United States, All Items, Major Group Figures for Urban Wage Earners and Clerical Workers (including single workers), or any replacement index or successor thereto. Should the Bureau of Labor Statistics discontinue publication of this index, the Township, with the consent of the officers' bargaining representative, shall determine the appropriate figure to be applied under the plan. Should the parties fail to reach agreement, the Township shall obtain from the Bureau of Labor Statistics a conversion table for the new index.
The first day of the month after a member's normal retirement date on which the member actually retires.
August 11, 1952.
The assets and earnings, appreciation or additions thereto held by the trustees under the Trust for the exclusive benefit of members, their contingent annuitants or their beneficiaries.
A legal reserve life insurance company which is qualified to do business in Pennsylvania.
Any group or individual insurance or annuity contract entered into by the trustees with an insurance company to provide benefits under the plan.
Any person or entity appointed by the Board of Supervisors pursuant to Section 2.4 of the trust agreement for the Trust, with the power to manage, acquire or dispose of plan assets and who is:
An officer who has completed the eligibility requirements of § 39-2 and who participates in the plan by authorizing the withholding of member contributions for him.
The contributions which an officer agrees to make as a condition of being a member of the plan, as provided in § 39-4A, plus interest at the rate or rates specified in Appendix A,[1] provided that in the case of an officer in the employ of the Township on or after January 1, 1983, interest shall be at the rate of 5% per year, compounded, for years after 1982.
[Amended 2-4-1991 by Ord. No. HR-162]
The first day of the month coincidental with or immediately following the earliest of the date the officer:
A sworn police officer employed on a full-time basis by the Police Department of the Township. For this purpose, "full-time" means an average rate of at least 40 hours per week.
The pension plan set forth in this document and the trust agreement pursuant to which the related Trust is maintained.
The year ending December 31.
Only in the case of an officer who does not qualify for payments under any long-term disability insurance coverage or program then maintained by the Township, a service-connected disability of a permanent nature which has been established to the Township's satisfaction by the report of a physician satisfactory to it and which renders the officer incapable of being gainfully employed.
Tredyffrin Township, a Home Rule Municipality in Chester County, Pennsylvania.
The contributions that the Township is required to make to provide those benefits under the plan that are not provided by member contributions.
The legal entity created by the trust agreement between the Township and the trustees, fixing the rights and liabilities of each with respect to managing and controlling the fund for the purposes of the plan.
The trustees or any successor trustee or trustees hereafter designated by the Board of Supervisors and named in the trust agreement or any amendment thereto.
[Amended 2-4-1991 by Ord. No. HR-162]
A year of employment with the Township for which an officer agrees to make member contributions, and:
During which he is actively employed as an officer; or
For purposes of accrual of benefits under § 39-3A and for vesting in accrued pension benefits under § 39-5A, during which he or she is in the active military service of the United States, including a period before becoming an officer and while an officer, except that no credit shall be given for military service in excess of three such years or, in the case of an officer in the employ of the Township on or after January 1, 1983, four such years.
A period of employment after an officer reaches age 65 shall not be taken into account in determining the number of his years of service.
All of an officer's years of service with the Township, up to 20 such years, shall be used in computing the amount of his or her accrued pension benefit under § 39-3 and his or her vested percentage under § 39-5. Except as in Subsection B of the definition of "normal retirement date" in § 39-1 above, if an officer has a break in service and returns to employment as an officer, the years of service prior to the break shall be counted in computing his or her accrued pension benefit and his or her vested percentage, provided that such officer left his or her member contributions in the plan at the time of his or her break in service or, if after returning to employment and before his or her actual retirement date, contributes a member contribution to the plan in an amount actuarially determined by the Plan Administrator; if otherwise, such prior years shall be disregarded.
[1]
Editor's Note: Appendix A is included at the end of this chapter.