Under the provisions of the Act of June 23,
1931, as amended, of the General Assembly of the Commonwealth of Pennsylvania,
there is hereby created a Police Pension Fund. Said fund shall consist
of the dues paid by the members of the Department of Police as hereinafter
provided; all fines and forfeitures imposed by the Department of Police
from time to time upon or against any member or members of such Department;
all rewards, fees, gifts, testimonials and emoluments that may be
presented, paid or given to any member of such Department on account
of police services, except such as may under the law be payable to
the City of Coatesville and except compensation received for special
detail work and except rewards offered for the arrest of persons accused
of crime committed outside of the said City of Coatesville; all bequests,
legacies, gifts or donations made to said fund or to the City of Coatesville,
in trust, for the benefit of said fund; all funds subscribed by the
public; all lost, abandoned, unclaimed or stolen money or property
in the possession of said Department for a space of one year and for
which there shall be no lawful claimant; and interest on investments.
[Amended 5-28-1996 by Ord. No. 1012-96; 4-30-2012 by Ord. No. 1382-2012]
The City shall make annual appropriations to
the fund in accordance with the Third Class City Code and Act 205,
which sum in no year shall be less than 1/2 of 1% nor more than 3%
of all City taxes levied by the City, other than taxes levied to pay
interest on or extinguish the debt of the City or any part thereof.
Council may exceed the limitations imposed by this section if an additional
amount is deemed necessary to provide sufficient funds for payments
to surviving spouses of members retired on pension or killed or who
die in the service; provided, however, that the City may annually
pay into said fund not less than 1/2 of 1% of all City taxes levied
by the City, other than taxes levied to pay interest on or extinguish
the debt of the City or any part thereof.
This chapter shall apply to all of the members
of the Department of Police of the City of Coatesville who are under
civil service.
[Amended 10-8-2007 by Ord. No. 1290-2007]
Payments from the pension fund shall be uniform
and shall be made according to the following schedule:
A. To all officers or employees who are retired, annual
pensions shall be paid in monthly installments from and after the
allowance thereof until the death of the pensioner, as follows:
(1) The basis for the apportionment of the pension shall be at the rate of 50% of the employee's average monthly salary, which is the greater of the highest average annual salary received during any five years of service preceding retirement, or the rate of monthly pay at retirement, computed at each six-month rate, except as to service increments provided for in Subsection
A(2) of this section.
(2) Such person shall also receive a service increment
in accordance with the provisions of Section 4303(b)(1) through (5)
of the Third Class City Code, which shall consist of an additional
monthly payment equal to 1/40 times the monthly benefit for each year
of service over the minimum service requirement that is rendered before
the member reaches age 65, up to a cap of $300 per month, with an
employee contribution of $3 per month.
(3) The surviving spouse of a member of the police force
or a member who retires on pension dying on or after January 1, 1960,
or if there is no surviving spouse or, if such surviving spouse subsequently
dies then the child or children under the age of 18 years of a member
of the police force or a member who retires on pension dying on or
after August 1, 1963, shall, during the lifetime of such surviving
spouse or, in the case of a child or children, until reaching the
age of 18 years, be entitled to receive 50% of the normal pension
benefit the member was receiving or would have been receiving had
he or she been retired at the time of his or her death.
[Amended 4-30-2012 by Ord. No. 1382-2012]
(4) Disability pension entitlement.
(a) Any officer retired due to a total and permanent disability
that renders him or her unable to perform his or her duties, which
disability is incurred as a direct result of his or her work as a
police officer, shall be entitled to receive a monthly benefit of
50% of average monthly salary earned at the time such disability was
incurred. The Police Pension Fund shall be subrogated to the right
of the disabled member to extent of payments made under the Pennsylvania
Workers' Compensation Act or the Enforcement Officer Disability Benefits Law.
(b) Any officer retired for total and permanent disability
that renders the officer unable to perform his or her duties, which
disability is not incurred as a direct result of his or her work,
shall be entitled to receive disability pension benefits according
to the following schedule:
[Amended 3-28-2011 by Ord. No. 1347-2011; 4-30-2012 by Ord. No.
1382-2012]
[1]
Any officer with less than 10 years of continuous
service retired, for total and permanent disability not incurred in
the line of duty as a police officer, shall be entitled to receive
a pension of 25% of his or her annual salary.
[2]
Any officer with 10 or more years of continuous
service, retired for total and permanent disability not incurred in
the line of duty as a police officer, shall be entitled to receive
a pension of 50% of his or her annual salary.
(c)
Nonservice disability pension benefits shall
be offset by benefits received pursuant to the City's long-term disability
plan.
(5) A member of the force who shall have retired on pension
prior to January 1, 1960, shall receive a pension increase of 50%,
effective January 1, 1967, but such increased pension shall not exceed,
in the aggregate, the pension of a member of the force currently retiring
with the same grade and years of service.
[Amended 3-25-1996 by Ord. No. 1012-96; 1-24-2000 by Ord. No. 1118-2000; 10-8-2007 by Ord. No. 1290-2007]
A. Service requirement. Every officer or employee of
the Department of Police who shall have served continuously for a
period of 20 years shall be entitled to be honorably discharged and
retired upon the officer's own request on a pension, the pension to
date from the time of approval thereof by the Commission. An officer
may purchase retirement credit for up to five years of active military
service, which service occurred before his or her employment with
the Department of Police. But in order to have such time credited
toward his or her service for retirement purposes, the officer will
be required to make all employee and City contributions for such purchased
service time.
B. Cost-of-living adjustment.
(1) Upon retirement, officers who were hired prior to
January 1, 2002, shall receive an adjustment in their pension annually
equal to 3% of their annual pay in their retirement year until they
reach a retirement annual benefit equal to 70% of their annual pay
in their year of retirement.
(2) Upon retirement, officers who were hired on or after
January 1, 2002, shall receive an annual COLA adjustment to their
pension effective January 1 of each year, equal to the CPI-W change
from December to December 1 of the prior year, but in no event will
such COLA adjustment cause the monthly benefit to exceed 50% of the
current salary for a patrolman of the highest pay grade.
(3) Vesting and early retirement. All officers shall be
fully vested upon completion of 12 years of continuous service. Such
officers will be entitled to receive partial, pro-rated pension benefits,
to commence when the member would have become eligible for normal
retirement.
(4) Miscellaneous. Every such officer or employee retired
according to the provisions hereinbefore referred to shall be subject
to service from time to time as a police reserve until unfitted for
such service. Such reserve officer shall not be required to serve
more than four hours per day unless compensation for the excess time
at the usual hourly rate as paid to extra police is paid to said reserve
officer. Every officer or employee of the Department of Police shall
be honorably discharged and retired when he or she shall reach the
age of 65 years, provided that this clause requiring compulsory retirement
shall not become effective until August 1, 1966. The Commission may
have the right, with the approval of Council, on application received,
to retire on pension any officer or employee of the Department of
Police who shall have served continuously for a period of at least
15 years if (in its opinion and in the opinions of two reputable physicians
of the City of Coatesville, one to be selected by the Commission and
the other by the applicant, and, in the case of a dispute, a third
physician to be selected by the Commission, who shall make a physical
examination and file their opinions in writing with the Commission
and whose fees shall be paid by the officer or employee asking to
be retired) the officer or employee is physically or mentally incapacitated,
through injury received or disease contracted while in the actual
performance of duty and by reason of the performance of such duty
and without fault or misconduct on his or her part, from performing
his or her duty in the Department of Police; provided, however, that
the Commission shall, on application received or on its own initiative,
have the authority to order another examination after the expiration
of six months from the date of retirement; and if (in its opinion
and in the opinion of two reputable physicians of the City of Coatesville,
one to be selected by the Commission and the other by the pensioner,
and, in the case of a dispute, a third physician to be selected by
the Commission, who shall make the aforesaid examination and file
their opinions in writing with the Commission and whose fees shall
be paid by the officer or employee seeking to be reinstated or by
the Commission if it orders the examination on its own initiative)
the disability of the pensioner has been removed, said Commission
shall terminate the pension, and the pensioner shall be reinstated
as an active member of the Department of Police with the same rank
and rating which he or she had upon retirement; provided, however,
that the pensioner shall, if reinstated, file with the Commission
in a release, duly executed and acknowledged, of any right or claim
to the pension during the period which he or she shall serve after
such retirement. Suspension from duty for cause (other than misconduct),
military or naval service in time of war or in a national or state
emergency on behalf of the United States of America or Commonwealth
of Pennsylvania shall not affect the continuity of the service. Suspension
from duty for misconduct shall not break the continuity of the service,
but in such case, the time such officer or employee is suspended shall
not be included in the computation of the time of service necessary
before a pension can be secured. Service-related and non-service-related
injuries shall be compensated as provided in the Third Class City
Code.
[Amended 1-24-2000 by Ord. No. 1118-2000; 10-8-2007 by Ord. No. 1290-2007]
A. Each member shall contribute, by way of a monthly
payroll deduction, beginning as of the first day of the member's employment
as a police officer, a retirement contribution to the fund equal to
5% of the member's annual salary. From time to time, the amount of
required contributions may be changed by a resolution of the City
Council in accordance with the collective bargaining agreement, which
revision shall be based upon actuarial recommendations and shall be
a result of collective bargaining negotiations. In addition thereto,
each member shall contribute a service increment contribution, by
way of a monthly payroll deduction beginning as of the first day of
the member's employment and ending as of the month that the member
attains age 65, equal to 1/2 of 1% of the member's salary or $3 per
month, whichever is less.
[Amended 4-30-2012 by Ord. No. 1382-2012]
B. If, for any cause, the officer or employee contributing to the pension fund shall cease to be an officer or employee of the Department of Police before he or she becomes entitled to the pension conferred by this chapter or for any other reason shall not be entitled to a pension, then the total amount of his or her contributions shall be refunded in full without interest; provided, however, that if any such officer or employee shall have returned to him or her the amount contributed as aforesaid and shall afterward reenter the employment of such Department, such officer or employee shall not be entitled to the pension designated until 15 or 20 years' service, as the case may be, as set forth in §
38-6 hereof, after said reemployment. In the event of the death of an officer or employee before he or she becomes entitled to the pension aforesaid, the total amount of his or her contribution, without interest, shall be paid, unless otherwise directed by the officer in writing, to the surviving spouse, children, grandchildren or parents, in order, respectively, or if there are no survivors in any of the aforesaid classes, then to the estate of such deceased officer or employee. In the event of the death of a pensioner before he or she has received as much as he or she had contributed, the surplus, without interest, shall be paid, unless otherwise directed by the officer in writing, to the surviving spouse, children, grandchildren or parents, in order, respectively, or if there are no survivors in any of the aforesaid classes, then to the estate of such deceased officer or employee. No officer or employee shall be entitled to a pension who does not make the monthly payment herein required.
[Amended 3-24-2003 by Ord. No. 1216-2004; 10-8-2007 by Ord. No. 1290-2007]
A. The surviving spouse of a member of the police force
eligible for retirement or a member who retires on pension dying on
or after January 1, 1960, or if there is no surviving spouse or if
such surviving spouse subsequently dies, then the child or children
under the age of 18 years of a member of the police force eligible
for retirement or a member who retires on pension, dying on or after
August 1, 1963, shall during the lifetime of such surviving spouse,
or in the case of a child or children, until reaching the age of 18
years, be entitled to receive 50% of the normal pension the member
was receiving or would have been receiving had he been retired at
the time of his death.
B. The pension herein mentioned shall not be subject
to attachment or execution and shall be payable only to the beneficiary
or beneficiaries as designated in this chapter and shall not be subject
to assignment or transfer.
[Added 8-12-2002 by Ord. No. 1199-2002]
A one-time postretirement adjustment shall be
provided to the eligible retired members of the Police Pension Plan,
the eligibility and amount of such adjustment to be as provided in
Act 64 of 2002, and such adjustment shall be effective with the first
monthly pension benefit paid after June 30, 2002.
[Added 3-28-2011 by Ord. No. 1347-2011]
In the event that any officer shall die as a result of the performance
of his or her duties, which such event is specifically identified
and defined in Act 51 of 2009, 53 P.S. § 891 et seq. (hereinafter
the "Act"), the City of Coatesville, acting through its City Manager
or other authorized representative, shall, within 90 days from the
date of death, submit certification of the death to the commonwealth
for payment of a killed-in-service benefit as provided in the Act,
and benefits shall thereafter be provided by the Commonwealth of Pennsylvania
in accordance with the terms of the Act.
A. These benefits identified under the Act include monthly payments
to survivors equal to the monthly salary, adjusted pursuant to the
Act, less any workers' compensation or pension or retirement benefits
paid to such survivors, until there is no eligible beneficiary to
survive them. "Eligible beneficiary" is defined under the Act to mean
the surviving spouse or the child or children under the age of 18
years or, if attending college, under the age of 23 years.
B. A single-sum death benefit is also provided under the Act in the
amount of $100,000, adjusted pursuant to the Act, to the parent or
parents of the deceased when no spouse or minor children survive.
[Added 4-30-2012 by Ord. No. 1382-2012]
The City of Coatesville after collective bargaining and approval
by its Pension Commission and City Council has adopted the attached
City of Coatesville Police Pension Plan which is incorporated herein
by reference as though set forth at length. The provisions of this City of Coatesville Police Pension
Plan, shall, to the extent of any conflict with any other provisions
in the Code be controlling.
[Added 4-30-2012 by Ord. No. 1383-2012]
A. Early
retirement pension eligibility. The City will offer an early retirement
window period from May 1, 2012, to May 31, 2012, with terms as follows:
(1) Members
at superannuation. Active members who have reached superannuation
requirements as of May 1, 2012, will be permitted to retire immediately
at 70% of their final average salary.
(2) Members
with 15 years of service. Active members with at least 15 years of
pensionable service time as of May 1, 2012, will be permitted to retire
immediately at 50% of their final average salary and will thereafter
be eligible for annual COLA adjustments at amounts specified in the
CBA.
(3) Pensionable
earnings. Pensionable earnings for purposes of calculating the final
average earnings of a participant's accrued benefits under the early
retirement window is defined as the greater of the participant's current
base wage or the five-year consecutive average of the participant's
base rate of pay times the number of actual hours worked in each calendar
year (divided by five).
[Added 6-11-2012 by Ord. No. 1384-2012]
B. Post-retirement
health care. Members who retire between May 1, 2012, and May 31, 2012,
and qualify for the early retirement window shall be entitled to post-retirement
health care benefits as follows: The City shall increase its contribution
for post-retirement medical benefits from 33.3% or 50% (depending
on their eligibility) to 100% for 18 months or until the member is
eligible for other health care benefits, whichever occurs first.
C. Severance
and cashout benefits. The following individuals shall be entitled
to receive additional severance and leave cashout incentives as described
below:
(1) Severance.
Severance pay in the amount of $1,750 for each completed year of service
at the time of retirement, payable by June 30, 2012.
(2) Leave
cashout. One-hundred-percent cashout of all accrued but unused vacation,
sick and personal leave at the rate of pay at the time of retirement,
payable by December 31, 2012.
(3) Part-time
police officers' hourly rate. Part-time police officers shall be paid
an hourly rate determined by the City, but in no event shall a part-time
officer be paid more per hour than the hourly rate of a full-time
officer in the Patrol 1 pay grade.
(4) Part-time
officers' rights. Part-time officers shall not be entitled to any
benefits or grievance rights in the collective bargaining agreement,
unless expressly set forth therein.
(5) Twenty-five
full-time officers to be retained. Full-time sworn officers shall
not be reduced below 25 full-time positions.