[HISTORY: Adopted by the Township Council of the
Township of Bristol as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-21-2010 by Ord. No. 2010-02]
There is hereby established for Bristol Township a pension plan
and pension fund for the benefit of full-time police officers of the
Township. The pension plan shall be known as the “Township of
Bristol Police Pension Plan” (hereinafter “plan”).
The pension fund shall be known as the “Township of Bristol
Police Pension Fund” (hereinafter “fund”).
A.
A Pension
Board is hereby established for the purpose of administering the Township
of Bristol Police Pension Plan and Pension Fund, and which Board shall
be known as the “Township of Bristol Police Pension Board.”
B.
The Pension
Board shall be comprised of five members, for a term of five years.
The initial appointments shall be one year, one member for two years,
one member for three years, one member for four years, and one member
for five years or until his successor is appointed and qualified.
Said members shall serve without compensation. The members shall consist
of two members from Council, two members from the Bristol Township
Police Benevolent Association, and one neutral member appointed by
the Executive, with the advice and consent of Council. Members of
the Board shall serve as such without compensation.
C.
The term
of the office for members of the Board shall be four years; provided,
that any member of the Board who is a police officer shall cease to
be a member of the Board on the last day of his/her employment as
a police officer of the Township; and, provided further, that any
member of the Board who shall also be a member of the Council shall
cease to be a member of the Board on the day he/she ceases to hold
office as a Council person. Members may be re-appointed or reelected.
D.
The duly
appointed Managing Director of the Township of Bristol shall serve
as a non-voting Secretary of the Board and shall keep minutes of the
Board’s proceedings and all dates, records and documents pertaining
to the Board’s administration of pension plan.
E.
No member
of the Board shall be liable for any act or omission of any other
member of the Board, nor for any act or omission on his/her own part
excepting only his/her own willful misconduct. The Township shall
indemnify and save harmless each and every member of the Board against
any and all expenses, claims or liabilities arising from his or her
member ship on the Board, except in only expenses and liabilities
arising out of the Board member’s own willful misconduct. Members
of the Board shall serve without bond.
F.
No member
of the Board shall vote on any matter in which he/she has a personal
interest.
G.
The action
of the Board shall be determined by the vote or other affirmative
expression of a majority of its members. All actions of the Board
shall be certified by the Chairman and attested to by the Secretary.
H.
The Board
shall meet at least once annually and at other times at the call of
the Chairman or at the request of the majority of the Board.
A.
To administer
the Township of Bristol Police Pension Plan in accordance with an
agreement of trust entered into by the Council of the Township of
Bristol and a corporate fiduciary, which agreement of trust shall
permit the fiduciary to manage and operate the Fund and to receive,
hold, invest and disburse any sum or sums as may be necessary to carry
out the plan, and all other applicable statutes, ordinances and regulations.
B.
To provide
guidance to the Trustee of the Township of Bristol Police Pension
Fund for the investment of all monies deposited in such fund.
C.
To make rules
and regulations for the governance of the affairs of the Board to
better enable it to carry out its powers and duties imposed hereunder.
D.
To employ,
upon appointment of the Executive and approval of the Council, and
to compensate actuaries, accountants, and attorneys as it may deem
necessary to carry out its duties hereunder. The expenses of the administration
of the fund and the plan shall be paid from the assets of the fund.
E.
To recommend
to Executive and Council the award of any pension to any applicant
or participant or for the return of any individual contributions to
any person who may be entitled to the same under the pension plan.
F.
To retain
the professional services of a firm or individual with experience
in pension fund administration and management, as may from time to
time be required with the approval of Council first requested and
received.
The Township of Bristol Police Pension Fund shall be created
and maintained in the following manner:
A.
All funds
on deposit and held for the pension or retirement benefits of the
Township of Bristol police officers shall be transferred to the pension
fund created hereby subject to any liabilities which may exist against
such fund.
B.
The allocation
by the Council of payments made by the Treasurer of the Commonwealth
from monies received from taxes paid upon premiums by foreign casualty
insurance companies and foreign fire insurance companies pursuant
to the General Municipal Pension System State Aid Program.
C.
Payments
made by contributions of the police officers in accordance with the
Township of Bristol Police Pension Plan as may be in effect from time
to time.
D.
Payments
made by other gifts, grants, devises or bequests made to the Fund.
E.
Such other
payments as may, from time to time, be made by the Council to the
fund from the general revenue of the Township.
F.
All such
payments received shall be deemed to be part of the pension fund and
shall not be applied to any other account or disbursed in any manner
except as provided herein.
The amounts of the payments made by the Treasurer of the Commonwealth
from the monies received from taxes paid upon premiums by foreign
casualty insurance companies and foreign fire insurance companies,
which are determined by the Council to be deposited in the pension
fund, shall be used and applied in the following order or preference:
A.
To pay expenses
incurred for the administration of the pension fund and the pension
plan.
B.
To reduce
any unfunded liability, defined as the present value if liability
of the fund on account of retirement benefits payable under this article
to members of the Police Department for service prior to the date
upon which they first made contributions to the plan, offset by the
value of any assets in the fund; or after such liability has been
funded.
C.
To apply
against the annual obligation of the Township for future serve costs,
defined as the amount of money required to be contributed annually
into the fund on account of benefits payable under the pension plan
to members of the Police Department for service subsequent to the
date of the establishment of the plan; or to the extent that the payment
made be in excess of such obligation.
D.
To reduce
member contributions.
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Any other monies paid into the fund shall be applied equally
against the members and Township obligations for future service costs.
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The pension fund shall be deposited with, managed and invested
by a corporate trustee, as designated above, which shall carry out
its responsibilities in accordance with the terms of the trust agreement
and further subject to such investment policy and guidance as the
Pension Board shall, from time to time, give to the trustee for the
investment of the pension fund assets.
The Board shall have full power and authority to make all decisions
in accordance with terms of this article including, but not limited
to, the following:
A.
To determine
all questions relating to the eligibility of police officers to become
participants in the plan.
B.
To compute
and certify to the corporate fiduciary, appointed as above, the amount
and kind of benefits payable to participants.
C.
To make
and publish such rules and regulations for the administration of the
pension plan as are not inconsistent with the terms of this article.
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The Council shall supply full and timely information to the
Pension Board on all matters relating to the pay of all members of
the police force, their retirement, death or other cause for termination
of employment and such other pertinent data as the Board may require
to carry out its duties and responsibilities hereunder. The Pension
Board shall be responsible to transmit to the corporate fiduciary
of the pension fund such information as it requires to carry out its
responsibilities under its agreement with the Township.
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This article shall cover all full-time members of the Police
Department of the Township of Bristol. Every full-time police officer
shall, upon commencement of his employment, be a member covered under
this article and entitled to the benefits provided hereunder.
A.
Any member
employed prior to January 1, 1998, who has served as a police officer
in this Township for an aggregate total of at least 25 years and who
has attained the age of 50 years may retire on the first day of any
month coinciding with or following his meeting both requirements.
Alternatively, a member employed prior to January 1, 1998, who has
served as a police officer in this Township for an aggregate total
of at least 20 years and, in addition, has attained the age of at
least 60 years, may retire on the first day of any month coinciding
with or following his meeting both requirements. The age 60/20 years
served retirement will be eliminated for officers hired on or after
January 1, 2001.
B.
Any member
hired on or after January 1, 1998, who has served as a police officer
in this Township for an aggregate total of at least 25 years and who
has attained the age of 53 years may retire on the first day of any
month coinciding with or following his meeting both requirements.
Alternatively, any member employed on or after January 1, 1998, who
has served as a police officer in this Township for an aggregate total
of at least 20 years and, in addition, has attained the age of at
least 60 years, may retire on the first day of any month coinciding
with or following his meeting both requirements.
A member may retire on or at any time after completing 20 years of service. Upon termination, the member must file with the Township, a written notice of his intention to elect an early retirement benefit. This benefit shall be come effective as of the date of the notice or the date designated in the notice, whichever is later. The amount of the early retirement benefit shall be the vested retirement benefit as computed in § 32-19. The actuarial equivalent of the vested retirement benefit shall be determined by actuarially reducing the vested retirement benefit to reflect that it will commence on the effective date of the early retirement rather than on the member’s normal retirement date. The actuarial reduction shall be calculated using the actuarial assumptions reported in the last actuarial valuation report filed with the Public Employee Retirement Commission.
The basic monthly pension benefit shall be one-half of the member’s
average salary of such member during the last 36 months of the employment.
In addition to the basic retirement allowance, those members
eligible shall receive a monthly service increment in the amount of
$20 per month for each completed year of service in excess of 25 years.
This service increment shall not, however, exceed $100 per month.
Beginning January 1, 1991, the pension plan shall provide for
an annual cost of living increase for those members of the police
force who begin receiving retirement benefits on or about the above
date. Such cost of living increase shall be determined by the Department
of Labor figures in the all Urban Consumers C.P.I. for the Philadelphia
Metropolitan Region; provided, however, that in no case shall the
total police pension benefit exceed 75% of the compensation used in
computing the retirement benefit; and, provided however, that the
total cost of living increment shall not exceed 30%.
The cost of living increment referred to above shall not exceed
15% for any employee hired on or after January 1, 1998.
Any member who shall be eligible for retirement shall be entitled
to receive a monthly pension, as herein provided, which shall commence
on the first day of the month after the member has retired and shall
continue throughout his lifetime, ceasing upon his death.
If a member dies survived by a spouse or dependent children,
after having become eligible to receive a pension benefit, (i.e.,
he was eligible because (A) he was already receiving a pension (B)
he met the age and service requirements, but he had not yet retired),
then a monthly pension benefit shall be provided.
The amount of the monthly pension benefit shall be 50% of the
pension the member was receiving or would have been entitled to receive
if he had been retired at the time of his death.
In the event a member dies after completing 12 or more years of service but was not yet eligible for normal retirement or pre-retirement survivor benefits, the surviving spouse shall act on behalf of the member in selecting the alternative addressed in § 32-11. If a vested benefit is the member’s vested monthly benefit commencing on the first day of the month following the member’s normal retirement date.
In the event a member dies after completing 20 or more years of service but was not yet eligible for normal retirement or pre-retirement survivor benefits, the surviving spouse shall act on behalf of the member in selecting the alternative addressed in § 32-14. If an early retirement benefit is selected, the surviving spouse shall receive 50% of the member’s monthly early retirement benefit commencing on the first day of the month following the election of this benefit.
The monthly pension benefit is payable to the surviving spouse
until death, then to surviving dependent children under the age of
18 years or if attending college, under or attaining the age of 23
years. Attending college shall mean the eligible children are registered
at an accredited institution of high learning and are carrying a minimum
course load of seven credit hours per semester.
If an officer is permanently disabled from performing police
work for the Township of Bristol as a result of a service connected
disability, he shall receive a pension of 100% of his annual rate
of pay upon retirement. The determination of total and permanent disability
shall be in accordance with workmen’s compensation requirements.
There shall be a workmen’s compensation offset to the
Township for any officer granted a disability benefit. Also, the benefit
shall be offset by any Social Security benefits received by the member
for the same injury.
A disabled officer on a disability pension shall be limited
in earnings outside of the pension for an amount of $500 monthly,
subject to verification.
A.
Any active
member of the Police Department of the Township of Bristol who has
been a fulltime employee and a member under this plan for at least
six months and who shall enter into the military service of the United
States, shall have credited to his employment record for pension or
retirement benefits all of the time spent by him in such military
service, if such member returns or has heretofore returned to his
employment within six months after his separation from his service.
B.
Non-intervening
military buy back.
(1)
The
plan provides full service credit for each year of military service
or fraction thereof, not to exceed five years, to a member who was
not employed by the Township prior to such military service.
(2)
The
amount due for the purchase of credit for military service other than
intervening military service shall be computed by applying the average
normal cost rate for the plan as certified by the Public Employee
Retirement Study Commission, but not to exceed 10 per centum, to the
member’s average annual rate of compensation over the first
three years of service and multiplying the result by the number of
years and fractional part of a year of credible non-intervening military
service being purchased, together with interest at the rate of four
and three-quarters per centum compounded annually from the date of
initial entry into service to the date of payment.
(3)
A member
of the plan shall be eligible to receive service credit for intervening
or nonintervening military service provided that he is not entitled
to receive, eligible to receive now or in the future, or is receiving
retirement benefits for such service under a retirement system administered
and wholly or partially paid for by any other governmental agency
with the exception of a member eligible to receive or is receiving
military retirement pay earned by a combination of active duty and
non-active duty with a reserve or national guard component of the
armed forces, which retirement pay is payable only upon the attainment
of a specified age and period of service under 10 U.S.C. Ch. 67 (relating
to retired pay for non-regular service).
All members of the Police Department shall pay into the fund
monthly, 5% of their gross monthly compensation. Said payments shall
be made by each member of the Police Department during such periods
of time as required by the Council. The Council may on an annual basis
by ordinance or resolution reduce or eliminate contributions into
the fund by members.
Upon termination of full time employment, a member who has completed
12 or more years of service may elect either (A) or (B) as described
below:
A.
The member may elect to leave his/her contributions, plus interest in the fund so as to receive a vested pension benefit to start at his normal retirement date. The member must file with the Township within 90 days of the date he/she ceases to be a full-time police officer, a written notice of his intention to vest. The amount of the vested pension benefit shall be (x) divided by (y) where (x) is the number of years of service at the date of termination and (y) is the number of years of service which the member would have had if he/she worked until normal retirement date, multiplied by the benefits described in § 32-10. Years of service shall be measured in years and completed months.
B.
The member may elect to receive a refund of all contributions made by him/her and then on deposit in the Trust Fund, plus interest thereon, computed at the rate described in § 32-20. If he/she elects to receive the refund of his contributions plus interest, he/she would forfeit the pension benefit outlined in Subsection A.
Upon termination of full-time employment before completion of 12 years of service or before reaching normal retirement date in the case of a police officer who does not elect to vest his retirement benefits pursuant to § 32-19 hereof, upon the death of a police officer who is not entitled to pension benefits, and whose family is not entitled survivor’s benefits, a refund shall be made of any monies paid by such officer, with interest. The rate of interest shall be 5% per annum on and after January 1, 1979, until a new rate shall be established. In the case of death, such refund shall be paid to his/her designated beneficiary, or, in the absence of such designation, to his/her estate.
All payments under the Plan shall be, to the fullest extent
permitted by law, free and clear of any debts, contributes, engagements,
anticipations or liability to levy, attachment, execution or sequestration
against the recipient, and shall not be subject to sale, assignment,
transfer, claim, judgment or bankruptcy proceedings against the recipient
of such payments whether voluntary or involuntary.
Any member of the plan shall have the right to:
A.
Inquire
of the Pension Board as to his or her benefits or status in the plan.
B.
To examine
records of the Board pertaining to his or her pension records.
C.
To appear
personally before the Board with or without counsel and to be heard
on any matter pertaining to his or her rights under the plan.
The plan and fund established by this article may be discontinued,
modified, alternated, terminated or repealed according to law, by
resolution.
[Added 11-20-2014 by Ord.
No. 2014-10]
A.
ASSOCIATION
BENEFICIARY or BENEFICIARIES
DROP
DROP ACCOUNTS
DROP NOTICE
DROP PARTICIPANT or PARTICIPANT
DROP PARTICIPATION PERIOD
DROP PERIOD
DROP PROGRAM
FORMER DROP PARTICIPANT
MEMBER or OFFICER
PLAN or PENSION PLAN
PLAN ADMINISTRATOR
RESIGNATION DATE
TOWNSHIP
Definitions.
For the purposes of this DROP, the following words and phrases shall
have the following meaning:
The Bristol Township Police Benevolent Association, the duly
recognized collective bargaining unit representing all eligible full-time
police officers employed by the Bristol Township Police Department.
The individual or individuals identified by a DROP participant
to receive the balance of such DROP participant’s DROP account
in the event of the death of the DROP participant during the DROP
participation period.
Deferred Retirement Option Plan.
Separate accounts created for the exclusive purpose of accepting
monthly pension payments of DROP participants while they are participating
in the DROP program.
The form prescribed by the Township and the association upon
which a member or officer informs the Township of his or her irrevocable
intent to participate in the DROP program pursuant to the terms of
this section/agreement. Once submitted to and approved by the Township,
the DROP notice is irrevocable, except as otherwise provided herein.
A member or officer who has properly submitted a DROP notice
to participate in the DROP, which has been approved by the Township,
and who has commenced his or her DROP participation period. The Township
shall approve the DROP notice if the member/officer is eligible to
participate and properly completes the notice.
The period from the time of the commencement of the officer’s
(i.e., participant’s) participation in the DROP as stated in
the officer’s DROP notice which has been approved by the employer
(i.e., the commencement date) until the officer’s separation
from employment as a police officer of employer (i.e., the resignation
date), which in no event shall exceed 48 months.
The period of time during which an officer can participate
in a DROP, that in no event shall exceed 48 months.
The program implemented by the Township and the association
pursuant to which members of the Township’s Police Department
may establish DROP accounts while continuing to provide police service
for the Township as described herein. The DROP program is an integral
component of the plan.
A DROP participant who is currently receiving his or her
pension following his or her resignation date.
A duly sworn police officer employed by the Township who
was employed as a police officer for Township on or after January
1, 2013.
The Bristol Township Police Pension Plan.
The individual(s) charged with supervising the administration
of the plan.
The date specified in the participant’s irrevocable
DROP notice approved by the Township on which the member or participant
shall resign from employment with the Township police, which shall
be no more than 48 months from the commencement of the officer’s
DROP participation period.
Bristol Township, located in Bucks County, Commonwealth of
Pennsylvania, including its elected and appointed officials. The Township
is also referred to as “employer.”
B.
Eligibility.
Any member who has reached his normal retirement date is eligible
to elect to become a DROP participant. Eligibility shall be for officers
employed on or after December 31, 2012.
(1)
In
addition, in order to be eligible to participate in the DROP, an officer
must complete an irrevocable written election or DROP notice prior
to entering the DROP that details the DROP participant’s rights
and obligations under the DROP and complies with the requirements
of 53 P.S. § 895.1113 and includes the following requirements:
(a)
The DROP notice must include the DROP participants agreement to forego
any active membership in the retirement system, any growth in salary
base used for calculating the regular retirement benefit and any additional
benefit accrual for retirement purposes, including length of service
increments.
(b)
The DROP notice must be signed by the officer and notarized and submitted
to the Township at least 45 days prior to the date on which the officer
wishes his/her DROP participation period to commence (or a shorter
period of time if approved by the Township in its sole discretion)
which shall be specified on the DROP notice.
(c)
The DROP notice shall include a notice to the Township by the member
that the member shall resign from employment with the Township Police
Department effective on a specific date (the “resignation date”)
which shall be no more than 48 months from the commencement of the
officer’s DROP participation period. Once approved by the Township,
an officer’s resignation date shall be irrevocable. An officer
shall cease to work as a police officer on the officer’s resignation
date, unless the Township terminates the officer for cause or for
other lawful reason under applicable law or if the officer resigns,
prior to the resignation date or becomes permanently disabled during
the DROP period.
(d)
That the DROP participant acknowledges that he or she is responsible
for obtaining his or her own tax planning advice, financial planning
advice and advice regarding any other issue relating the decision
to enter the DROP or the receipt or use of any DROP proceeds (hereinafter
“DROP Planning Advice”). The DROP participant further
acknowledges that he or she has not relied upon any financial or tax
advice from the association or any of its officers or attorneys or
the Township or any of its elected or appointed officials, attorneys
or employees.
(2)
Finality
of election and approval by the Township. All retirement documents
required by the police pension plan administrator must be filed and
presented to the Township for approval of retirement, participation
in the DROP and payment of pension benefits. The Township shall complete
its review prior to the date specified as the start of the participation
period. The Township shall approve the DROP notice if the member is
eligible and has submitted the necessary documents; i.e., approval
is not discretionary. Once the Township approves a DROP notice, it
is irrevocable. The DROP participant shall be ineligible to reenroll
in the DROP after his or her resignation date under any circumstances.
C.
Pension
contributions. After an officer’s DROP participation period
commences, the officer shall not be required to make any contributions
to the plan during his/her DROP participation period.
D.
Other
benefits. After an officer elects to participate in the DROP program,
all other aspects of employment shall remain as other members of the
bargaining unit who are not members of the DROP. DROP participants
shall be considered to be employees of the Township and subject to
the same rules of conduct and terms and conditions of employment contained
in all Township policies, directives, Police Department general orders
and orders and collective bargaining agreement between the Township
and the association, including, but not limited to, any obligation
to make health care contributions if such are required by the CBA
and to satisfy any other obligation or responsibility, including all
training and certification requirements, required by the Township
or the Commonwealth of Pennsylvania. The DROP participant’s
retirement benefits, if any, to which he or she is entitled during
retirement after the DROP participation period ends, shall be those
in effect on the officer’s resignation date.
E.
Disability
during DROP period. If a DROP participant becomes permanently disabled
during his or her DROP participation period, such DROP participant’s
employment with the Township shall immediately be severed or separated.
If the discharge is due to a workrelated disability the pension shall
be at the amount of the normal retirement pension calculated when
the officer entered the DROP but the pension shall be classified as
a disability pension payable at the normal retirement pension amount.
F.
Death
during DROP period. If a DROP participant dies during the DROP participation
period, the DROP participants DROP notice shall be revoked, the designated
beneficiary shall be entitled to a lump-sum payment of the DROP account
balance, and the participant’s survivor(s), shall receive the
applicable benefit in the event of the death of a retired officer
or while killed in service, whichever is applicable.
G.
The monthly
pension benefit calculation and limitation on pension accrual. After
the commencement of the DROP participation period and the effective
date of the DROP notice, the officer shall no longer earn or accrue
additional years of service for pension calculation purposes under
the plan. No benefit increases that may occur after DROP participant’s
commencement date, including bargained pension enhancements, mandated
pension enhancements through arbitration or pension enhancements mandated
by law, will apply to the DROP participant and shall not increase
the DROP participant’s frozen pension under the plan, as calculated
on the commencement date of the DROP participation period as stated
in the DROP notice. From the period beginning on the commencement
date and ending on the member’s resignation date, the participant’s
monthly pension payment shall not be paid to him or her but shall
instead be transferred into the participant’s DROP account.
The average monthly compensation of the participant for pension calculation
purposes shall remain, as it existed on the commencement date as stated
in the DROP notice. Earnings or increases in earnings thereafter shall
not be recognized or used for the calculation or determination of
any benefits payable by the plan. The pension benefit payable to the
member shall increase only as a result of cost of living adjustments
that may be applicable and in effect under the plan on the retiring
officer’s last day of employment with the Township prior to
entering the DROP and becoming a DROP participant.
H.
Sick
leave cash out. A member who elects to become a DROP participant may
cash out up to 360 hours of sick leave immediately prior to DROP entry
for inclusion in pensionable salary.
I.
Maximum
participation. The maximum period of participation in the DROP program
is 48 months. On the participant’s resignation date, as stated
in the DROP notice, his or her employment with the Township (and DROP
participation period) shall terminate automatically.
J.
DROP
pension payments. Upon the commencement date of the member’s
entry into the DROP program, a DROP participant’s service and
average monthly compensation (as each is defined under the plan) will
be determined and his or her pension payment will be calculated as
if he or she retired and ceased employment with the employer on the
effective date of such officer’s DROP participation period as
stated in the DROP notice. The pension benefit payable to the member
shall increase only as a result of any applicable cost of living adjustments
in effect on the effective date of the member’s participation
in the DROP or by applicable cost of living adjustments granted thereafter.
The monthly pension payments that would have been made on and after
the commencement date and prior to the DROP participant’s resignation
date shall be credited to the participant’s DROP account under
the plan.
K.
Accumulation
of the DROP account. The monthly retirement benefits that would have
been payable had the police officer elected to cease employment and
receive a normal retirement benefit shall, upon the police officer
commencing participation in DROP, remain in the plan but shall accumulate
to the sole benefit of that officer until distribution to the officer
or the beneficiary. The DROP participant’s accrued benefit accumulation
under the DROP shall be calculated annually and provided to the DROP
participant. The assigned rate of return on the participant’s
DROP account shall be the actual rate earned by pension plan trust
fund but such amount shall not be less than 0% nor more than 4.5%.
L.
Distribution
options. Commensurate with DROP program participation, a member must
make an election on forms designated by the Township of the payout
option(s) desired upon termination of the DROP period. This election
may be changed at any time before termination but such elections must
be consistent with the options available under applicable law, 53
P.S. § 895.1114 (d).
M.
Beneficiary
designation. Commensurate with DROP program participation, a member
must make an election, on forms designated by the Township, of the
beneficiary or beneficiaries they intend to receive the balance of
the member’s DROP account in the event of the member’s
death before such balance has been distributed.
N.
Amendment.
Any amendments to the DROP plan shall be consistent with the provisions
covering the deferred retirement option plan set forth in any applicable
collective bargaining agreement and shall be binding upon all future
DROP participants and upon all DROP participants who have balances
in their DROP accounts. The DROP plan may only be amended by a written
instrument signed by an authorized representative of the Township
and the association and ratified or approved by the appropriate body
of each party, not by any oral agreement or past practice.
O.
Interpretation
of provisions. This document shall be interpreted under the laws of
the Commonwealth of Pennsylvania and applicable Federal law. An officer’s
election to participate in the DROP program shall in no way be construed
as a limitation on the Township’s right to suspend or terminate
an officer for just cause or to grant the officer an honorable discharge
based upon a permanent disability that renders him or her unable to
perform his or her police duties. Nothing provided hereunder shall
be construed as a change to the parties’ practice of calculating
pensionable compensation. Except for the ability to establish a DROP
account and participate in the DROP, nothing herein is intended to
create new pension benefits of any kind which did not exist as of
or prior to January 1, 2013.
Nothing provided hereunder shall guarantee any officer or DROP
participant a specific term of employment. All DROP participants shall
be subject to the same terms and conditions of employment (except
those relating to benefits under the plan and retiree benefits), rules
and regulations and disciplinary procedures as other officers and
members who are not DROP participants.
P.
Costs
of DROP. The plan will pay any costs of the Township and the plan
as it relates to the administration of the DROP program or DROP accounts.
Q.
Compliance
with a future law. The Township and the association and all current
and future DROP participants (as a condition of participating in the
DROP) recognize that the provisions of the DROP plan shall be severable
and if any of its provisions shall be held to be unconstitutional
or illegal the validity of any of the remaining provisions of the
ordinance shall not be affected thereby. It is expressly declared
as the intent of the Township that the DROP plan would have been adopted
had such unconstitutional or illegal provision or provisions not been
included herein. In the event that the DROP plan, or any part thereof,
is declared invalid or illegal by a court of competent jurisdiction,
the police officers shall have the right to bargain in accordance
with Act 111 over the impact of the change in this benefit. To the
extent an issue regarding this DROP is not addressed above, this DROP
shall be interpreted in compliance with 53 P.S. § 895.1101 et
seq.
[Adopted 3-17-2011 by Ord. No. 2011-02; amended 6-18-2020 by Ord. No. 2020-02; 10-21-2021 by Ord. No. 2021-14; 7-21-2022 by Ord. No. 2022-09]
Bristol Township (“the Township”), having established
a nonuniform pension plan administered by the Pennsylvania Municipal
Retirement System (“the System”), hereby elects to amend
its nonuniform pension plan administered by the System in accordance
with Article IV of the Pennsylvania Municipal Retirement Law, 53 P.S.
§ 881.101 et seq. (“Retirement Law”), and does hereby
agree to be bound by all the requirements and provisions of the Retirement
Law and the Municipal Pension Plan Funding Standard and Recovery Act,
53 P.S. § 895.101 et seq., and to assume all obligations, financial
and otherwise, placed upon member municipalities.
As part of this article, the Township agrees that the System
shall administer and provide the benefits set forth in the amended
nonuniform pension plan document entered into between the Pennsylvania
Municipal Retirement Board and the Township effective as of the date
specified in the adoption agreement (“the Contract”).
The Township acknowledges that by passage and adoption of the
ordinance codified in this article, the Township officially accepts
the Contract and the financial obligations resulting from the administration
of the Contract.
Payment for any obligation established by the adoption of the
ordinance codified in this article and the Contract shall be made
by the Township in accordance with the Retirement Law and the Municipal
Pension Plan Funding Standard and Recovery Act. The Township hereby
assumes all liability for any unfundedness created due to the benefit
structure set forth in the Contract.
The Township intends this article to be the complete authorization
of the Contract, as amended, and it shall become effective as of the
date specified in the adoption agreement, which is the effective date
of the Contract, as amended.
A duly certified copy of the ordinance codified in this article
and an executed Contract shall be filed with the System.
