The purpose of this article is to establish
certain benefits payable, to Fire Fighters or beneficiaries of Fire
Fighters under the direction of an organization consisting of City
officials and Fire Fighters. The purpose is also to establish a funding
policy for the Bureau of Firefighters' Relief for the City of Lancaster.
Whenever used herein, the following terms shall
have the following meanings unless a different meaning is clearly
required by the context or by the Third Class City Code:
ACTIVE FIRE FIGHTER
Any Fire Fighter who is actively employed by or on a leave
approved by the Fire Bureau (sometimes referred to herein as an "approved
leave") and who has Civil Service status.
ASSOCIATION
The Lancaster City Fire Fighter's Relief Association, a corporation
charted by the Court of Common Pleas of Lancaster County on September
8, 1897, in the Charter Book No. 2, page 50.
BASE PENSION BENEFIT
The benefits determined in accordance with Schedule A attached
to this article based on the Member's Base Rate Compensation and Longevity
Pay (as set forth in Schedule A) as of the date of termination, retirement
or death, as applicable, except as otherwise provided in this article.
This definition shall apply to all members who retire after January
1, 1993.
[Amended 5-23-2000 by Ord. No. 2-2000]
BASE RATE COMPENSATION
The Member's basic monthly compensation plus Longevity pay
(as described in Schedule A), as an employee of the Fire Bureau excluding
overtime pay, educational incentive pay, acting officers' pay and
other compensation, provided that, irrespective of his/her actual
rank, a Member's Base Rate Compensation shall be based on the lowest
base salary for such rank as may from time to time be paid by the
City in accordance with the schedule attached as Schedule A to this
article. This definition shall apply to all Members who retire after
January 1, 1993.
BUREAU
The Bureau of Fire Fighter's Relief for the City of Lancaster.
CITY
The City of Lancaster, Pennsylvania.
CODE
The Optional Third Class City Charter Law as amended from
time to time. See 53 P. S. § 41101 et seq.
CONTINUOUS
Without interruption or break in service for any cause whatsoever,
except service in the Armed Forces of the United States during any
period of armed conflict or as otherwise required by law.
[Amended 5-23-2000 by Ord. No. 2-2000]
EXPOSURE
Any disease or ailment, including heart attack or disease
of the heart, that a Member is liable to, or experiences in performing
his/her duties in the fire house, on a fire run or on the fire grounds.
FIRE BUREAU
The Fire Bureau of the City of Lancaster, Pennsylvania.
FUND
The Lancaster Bureau of Fire Fighter's Relief Fund, as described in §
64-22 of this article.
LONGEVITY or LONGEVITY PAY
As used in this article and the attached Schedule A, an additional amount of income added to a Member's Base
Rate Compensation. Longevity pay may be calculated in accordance with
the provisions of the Collective Bargaining Agreement in effect at
the time of separation of service.
MEMBER
Any Active Fire Fighter, Retired Fire Fighter or Pensioner.
PENSION LIST
The list of Active Fire Fighters or Retired Fire Fighters
eligible to receive pension benefits.
PENSIONER
Any former Active Fire fighter who is receiving pension benefits
under this article.
PLAN YEAR
The twelve-consecutive month period ending each December
31.
RETIRED FIRE FIGHTER
Any former Active Firefighter who has qualified for the payment
of retirement benefits.
SERVICE INCREMENT
Has the meaning ascribed to the term in Section 39322 of
the Third Class City Code and §
64-27 of this article.
SPOUSE
The husband or wife of any Active Fire Fighter, Disabled
Fire Fighter, Retired Fire Fighter or Pensioner.
UNION
The Lancaster Professional Firefighters Association Local
319 of the International Association of Fire Fighters.
YEAR OF SERVICE
Each period of 12 consecutive months during which an Active
Fire Fighter receives compensation for services performed for the
City as an Active Fire Fighter or while on approved leave, provided
that such Years of Service are Continuous.
YEARS OF SERVICE
For purposes of computing benefits, the number of Continuous
Years of Service.
There is hereby established a Fund to be administered
by the Bureau of Fire Fighters' Relief for the City of Lancaster.
The Bureau shall be composed of the Mayor, the City Treasurer, the
City Controller, the Chief of the Fire Bureau, one other officer of
the Fire Bureau, one Fire Fighter and one Pensioner; the latter three
to be elected by the Association.
The Bureau shall be the custodian of the Fund,
as at present or formerly constituted, and all moneys which may hereafter
be paid into the Fund. From the Fund, the Bureau shall maintain an
account which shall be kept invested and to which shall be added all
contributions, additions or income, from any source whatsoever, not
disbursed for benefits as hereinafter provided.
All Active Firefighters shall resign from their employment with the Fire Bureau upon attaining the age of 60 years. The terms of this §
64-25 shall be self-executing without any action on the part of an Active Fire Fighter who attains the age of 60 years.
[Amended 5-23-2000 by Ord. No. 2-2000; 12-16-2003 by Ord. No. 19-2003]
Each Member entitled to any pension benefit
under this article after January 1, 2003, shall be entitled to receive
a Service Increment (in accordance with and subject to the terms described
in the Third Class City Code) to his/her monthly pension benefit equal
to 2.5% of the Member's monthly Base Pension Benefit (determined as
of the date of termination, retirement, death or disability, as applicable)
times the number of Years of Service of such Member in excess of 20,
provided that no Years of Service after the Member has reached age
60 shall be counted and provided, further, that the maximum Service
Increment payable hereunder shall be $300 per month. Each Member under
age 60 shall pay into the fund the sum of $3 per month as his/her
contribution towards the Service Increments of all Members.
No Member shall be placed on the Pension List
as a result of Permanent and Total Disability nor shall any disability
benefits be paid to a Member where there are no external or visible
signs or symptoms of disease or bodily injury, or where the nature,
cause and name of the disability is unknown or incapable of direct
and positive proof, or where the disability arises directly or indirectly
from intemperate or immoral conduct; and the Bureau may at any reasonable
time, at the expense of the Bureau, require a physical examination
or examinations or other satisfactory proof or proofs of the beginning
or continuance of a disability as a prerequisite to making any payments
to any Member for disability, pension benefits or other benefits.
No Member shall receive any benefits under this
article by reason of Permanent and Total Disability except on the
written statement of at least two of three physicians to be named
by the Association, each of whom shall examine the Member.
A. The Bureau shall pay such physician's for each such
service rendered.
[Amended 5-23-2000 by Ord. No. 2-2000]
B. No Disabled Fire Fighter who is in the active employ
of any employer shall continue to receive disability benefits under
this article, except with the written permission of the Association,
which shall be granted unless the Association determines that the
Member's ability to perform the duties of such other employment indicate
an ability to perform the duties of an Active Fire Fighter.
C. A Disabled Fire Fighter shall be subject to reexamination
for Fire Bureau service at all times until the commencement of pension
benefits.
No Member shall be entitled to receive from
the Bureau concurrently both disability benefits and pension benefits.
The Bureau may require that:
A. All applications for disability benefits or pension
benefits payable on account of death shall be made to the Secretary
of the Bureau in writing within 30 days after death or 12 months after
the commencement of Permanent and Total Disability.
B. All applications for benefits shall be accompanied
by proof of disability or death and/or other information reasonably
necessary to enable the Bureau to make a determination as to the entitlement
to benefits under this article.
If at any time the funds available for the payment
of pension benefits, death benefits or disability benefits under this
article are insufficient to pay all beneficiaries in full, such funds
shall be divided among the beneficiaries pro rata on the relative
amounts of benefits to which each is entitled until such time, if
any, as available Funds are sufficient to pay all beneficiaries in
full.
All funds disbursed by the Bureau shall be paid
by check signed by the City Treasurer and the City Controller, on
orders drawn by any two of the Chairman, the Secretary or the Treasurer
of the Bureau.
The Funding policy for the Fund will at all
times be consistent with the Third Class City Code to the extent applicable
as amended by the Municipal Pension Plan Funding Standard and Recovery
Act, 53 P.S. § 895.101 et. seq.
All funds, assets and securities now and heretofore
held and administered by the Bureau known as the "Fire Fighters' Pension
and Benefits Fund" shall be held and administered by the Bureau (as
herein defined) as part of the Fund (as herein defined) in accordance
with the provisions of this article.