City of Coatesville, PA Fire Fighters' Pension Fund

By virtue of the authority vested in the Council by the Third Class City Code and the Coatesville Home Rule Charter, as amended, there is hereby created a fund to be known as the "Fire Fighters' Pension Fund of Coatesville," out of moneys received from fire fighters, from Council appropriation, from the state tax on foreign fire insurance companies or from any other source, for the use and benefit of its fire fighters.

Definitions. As used in this article, the following terms shall have the meanings indicated:

FIRE FIGHTER

Includes any full-time fire fighter, and any regularly appointed fire fighter who has satisfactorily passed his probationary period.

SALARY

The fixed amount of compensation paid at regular, periodic intervals by the City to the member and from which pension contributions have been deducted in accordance with applicable law.

§ 38-20 Control; Fire Fighters' Pension Fund Commission.

The Fire Fighters' Pension Fund shall, at all times, be under the direction and control of the Council and shall be committed to the care, control and supervision of a Board of Managers known as the "Fire Fighters' Pension Fund Commission," which shall consist of seven persons, consisting of the President of City Council; the City Manager, or a City employee designated by the City Manager from time to time to serve in his place and stead; the Director of Accounts and Finance; two members of the Fire Department, as chosen by the members of the Fire Department; one resident of the City, who shall serve for a two-year term and be appointed by the Council pursuant to § 2-504 of the Coatesville Home Rule Charter; and the Chief of the Bureau of Fire, as an ex officio member.

Term. The term of the initial members selected by the Fire Department shall be one for a term of two years and one for a term of four years. Biennially thereafter, one manager shall be chosen for a term of four years to take the place of the one whose term expires. In case of a vacancy among the managers chosen by the Fire Department, a successor shall be chosen for the unexpired term.

The members of said Commission shall receive no additional compensation for the services thus performed. The President of Council shall be the President, the Fire Chief the Vice President, the City Manager or his designee the Secretary and the Director of Finance the Treasurer of said Commission, respectively. The Commission shall keep full and accurate accounts of all its transactions. It shall have full power to make rules for the transaction of its business and application of its funds, its time and place of meeting and all other matters necessary for the conduct of business, subject to the special provisions and regulations contained in this chapter or such ordinances as may hereafter be passed relating thereto. The Commission shall meet at least once every three months at a stated time or at such times as it may by resolution designate or upon the call of the President, for the transaction of such business as may properly come before it. A quorum shall consist of three members for the transaction of business. All incidental expenditures necessary to the transaction of the business of the Commission shall be separately provided for by the City. No money shall be paid out of the pension fund except for the purpose of pensions as contemplated in this chapter. The Treasurer, if required by the Commission, shall give a surety bond to the City, in a sum not less than double the probable amount of money that shall come into his or her hands, for the faithful performance of his or her duties, the premium on which bond shall be paid by the City. The Commission shall make an annual report to the City Council on the first Monday of January in each year of all receipts and disbursements of the fund and such other matters as should be properly embodied in such report.

The Fire Fighters' Pension Commission shall appoint a qualified and reputable banking or investment institution to serve as custodian of the Fire Fighters' Pension Fund investment account. The Fire Fighters' Pension Fund investment account shall consist of all moneys in the hands of the Commission not needed for the payment of pensions, plus a reasonable amount to be retained by the Commission for withdrawals. Said custodian shall invest and reinvest said funds and the accruals thereon in such investments as are commonly called "legal investments for trust funds" as said Commission may direct. All custodial fees shall be paid by the Fire Fighters' Pension Fund. All warrants on said fund shall be drawn by the individuals authorized to sign checks for said fund.

Attendance.

[Added 4-22-2013 by Ord. No. 1404-2013]

(1)

Any member of the Fire Fighters’ Pension Fund Commission absent from three or more consecutive regular meetings of the Fire Fighters’ Pension Fund Commission without an approved leave of absence granted by the City Council after public hearing and prior written notice thereof shall be removed from the Fire Fighters’ Pension Fund Commission by the City Council of the City of Coatesville.

(2)

Any member of the Fire Fighters’ Pension Fund Commission absent from 20% or more of the regularly scheduled meetings of the Fire Fighters’ Pension Fund Commission within any one-year period shall be notified in writing by the City Manager acting on behalf of the City Council of the attendance requirements of this subsection. Any member of the Fire Fighters’ Pension Fund Commission who is absent from 20% or more of the regularly scheduled meetings within a one-year period shall thereafter be removed for cause from such position by the City Council with prior written notice after public hearing unless such member resigns in writing or waives the public hearing in writing.

(3)

Any member of the Fire Fighters’ Pension Fund Commission may be removed for cause as determined by the City Council after public hearing and prior written notice thereof.

(4)

The provisions of this subsection shall not preclude the removal of any member of the Fire Fighters’ Pension Fund Commission without cause by the City Council when authorized by state law, City Charter or City ordinance.

§ 38-21 Investment of funds; incidental expenditures.

The Fire Fighters' Pension Fund Commission shall hold, manage, invest and reinvest any funds received by it for the Fire Fighters' Pension Fund and may invest any moneys accumulating in the fund in legal investments, as the same are or may be defined by statute, and shall make such payments out of such fund as may be required for the purpose of pensions and contemplated by this article. All incidental expenditures, including the compensation of the Fund's corporate custodian, necessary to the transaction of the business of the Commission, shall be provided for by appropriation by Council.

§ 38-22 Signatures for withdrawal of funds.

No moneys shall be drawn out of the funds of the Fire Fighters' Pension Fund or on deposit to the account of the Fire Fighters' Pension Fund, except upon order, warrant or check signed by both the President of the fund and an officer of the corporate custodian of the fund.

§ 38-23 Account of transactions; report copies.

On or before March 1 of every year, it shall be the duty of the corporate custodian of the Fire Fighters' Pension Fund Commission to render a full and complete account to Council of all transactions of the past year, showing all receipts and disbursements. A copy of such account shall be filed with the City Director of Finance, who shall audit the same and render to Council a detailed report of his examination. Council shall not appropriate any moneys to the fund until such report has been filed and approved by Council by resolution. Copies of such report shall be made available to all members of the Bureau of Fire and the Fire Fighters' Pension Fund Commission.

§ 38-24 Contribution by City.

The City shall annually contribute a sum of money not 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 or to extinguish the debt of the City or any part thereof.

§ 38-25 Contribution by firemen.

Each fireman shall pay into the Fire Fighters' Pension Fund a sum equal to 5% of his salary plus $1 per month.

§ 38-26 Membership in fund required.

Upon appointment as a regular full-time fireman, each person so appointed shall be and become a member of the Fire Fighters' Pension Fund and shall be obligated for contributions thereto. The Commission shall certify the acceptance of the new regular fireman to membership in the Fire Fighters' Pension Fund to the City Director of Finance, who shall thereafter make all necessary deductions for pension payments from such fireman.

§ 38-27 Payment of pension benefits.

The moneys accumulating in the Fire Fighters' Pension Fund shall be applied to the payment of pensions as herein set forth. The payment of pension benefits shall be authorized by the Fire Fighters' Pension Fund Commission only after the separate and careful consideration of each application.

§ 38-28 Payments upon death and survivor benefit.

[Amended 12-12-2016 by Ord. No. 1486-2016]

In-service death. When any member of the Fire Fighters' Pension Fund shall die in active service, there shall be paid from the fund a sum of money equal to the amount payable to the member or which would have been payable had he been retired at the time of his death, to his surviving spouse; to the extent there is no surviving spouse, the dependent child or children of such deceased member shall be paid from the fund a sum equal to 100% of the amount payable to the member or which would have been payable had he been retired at the time of his death, until the dependent child or each of the dependent children reach age 18, and, in the case of multiple dependent children, in equal shares to each such dependent child, to be reallocated upon a dependent child's attainment of age 18.

Death of a retired member or a member eligible for retirement. The surviving spouse of a member of the Fire Fighters' Pension Fund eligible for retirement or a member who retires on pension, shall, during the lifetime of such surviving spouse, be entitled to receive the full pension benefit the member was receiving or would have been receiving had he been retired at the time of his death. If there is no surviving spouse or if such surviving spouse subsequently dies, then the dependent child or children under the age of 18 years of a member eligible for retirement or a member who retires on pension, shall, until reaching the age of 18 years, be entitled to receive 100% of the full pension benefit the member was receiving or would have been receiving had he been retired at the time of his death, and, in the case of multiple dependent children, in equal shares to each such dependent child, to be reallocated upon a dependent child's attainment of age 18.

Death of a member before retirement and not in-service. In the event of the death of a member, the total amount of the contributions paid into the Fire Fighter's Pension Fund by the member shall be paid over to the member's estate if any of the following apply: (1) the death did not occur in the line of duty; (2) the death occurs before the member becomes entitled to a pension; and/or (3) the member has no surviving spouse or family entitled to payments.

§ 38-28.1 Disability benefits.

[Added 12-12-2016 by Ord. No. 1486-2016]

Eligibility. If a member suffers permanent and total disability as a result of a mental or physical condition or exposure which is determined to have been incurred in the line of duty, no minimum period of service shall be required for eligibility for disability benefits. A member entitled to disability benefits hereunder shall be entitled to receive 100% of the pension determined pursuant to §§ 38-29 and 38-30 hereof subject to any offset required by law, excluding workers' compensation benefits. Any such member who has not completed 20 years of service at the time he or she suffers permanent and total disability shall be deemed to have completed 20 years of service beginning the day before such permanent and total disability occurred. Any such member who has completed at least 20 years of service at the time he or she suffers the permanent and total disability shall be credited with the actual service he or she completed. Such disability benefits shall commence immediately after a determination of eligibility by the Fire Fighters' Fund Commission and shall continue until the earliest of the following events:

(1)

The disabled member is determined to be no longer disabled; or

(2)

The death of the member.

Permanent and total disability. For purposes of this § 38-28.1, "permanent and total disability" shall mean a mental or physical impairment which renders a member unable to perform the essential duties of a City Fire Fighter, as determined in accordance with this § 38-28.1.

Physical or mental examinations. The Commission may, at any reasonable time, and at the expense of the Commission, 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 benefits.

Physicians' written statements on disability. No member shall receive any benefits under this § 38-28.1 by reason of permanent and total disability except upon the written statement of at least two of three physicians to be named by the Commission, each of whom shall examine the member. The Commission shall pay such physicians for each such service rendered.

Concurrent disability benefits and pension benefits prohibited. No member shall be entitled to receive from the Commission concurrently both disability benefits and normal pension benefits.

The surviving spouse, or if there is no surviving spouse, a child or children under the age of 18, of a member who had been receiving disability benefits under this section shall be entitled to survivor benefits in accordance with § 38-28.

§ 38-29 Compulsory retirement age; eligibility; conditions and service increment.

Every fire fighter who is at least 50 years old and has served continuously for a full period of 20 years, periods of suspension and leaves of absence excluded, shall be eligible to retire from the Fire Department if he so desires.

Every fireman who served in the armed forces subsequent to September 1, 1940, shall be entitled to have full credit for each year or fraction thereof, not to exceed five years of such service, upon their payment to the Fire Fighters' Pension Fund an amount equal to that which they would have paid had they been members during the period for which they desire credit, and their payment to such fund of an additional amount as the equivalent of the contributions of the City plus any interest the City would have been required to pay on the contributions on account of such military service.

If for any cause a member contributing to the pension fund ceases to be a member of the Fire Department before he becomes entitled to a pension, the total amount of contributions paid by him shall be refunded to him in full without interest. If the member thereafter again becomes a member of the Fire Department, he shall not be entitled to a pension until 20 years after his reemployment, unless he returns to the pension fund the amount withdrawn, in which event the period of 20 years shall be computed from the time the member first became a member, excluding any period when he was not employed by the Fire Department. In the event of the death of a member of the Fire Department not in the line of service before the member becomes entitled to the pension and the member is not survived by a widow or family entitled to payments hereunder, the total amount of contributions paid in the pension fund shall be paid over to his estate.

From and after January 1, 1965, every fireman who has completed his 20 years of service and is otherwise entitled to a pension shall also be entitled to the payment of a service increment, which shall be the sum obtained by computing the number of whole years after the completion of 20 years of service in the Fire Department and multiplying the number of years so computed by 1/40 of the pension to which he is otherwise entitled. No employment after the member has reached the age of 65 years shall be included, and no service increment shall be paid in excess of $100 per month. Any member of the Fire Department who, as of the effective date of Section 4322(b)(3) of the Third Class City Code, has already reached the age of 65 years shall have his service increment computed on the years of employment prior to the date of reaching his 65th birthday.

§ 38-30 Minimum pension of retired members.

On and after the passage of this article, members of the Bureau of Fire who have proper civil service certification and who in the future are retired from duty from the Fire Department as hereinabove set forth shall receive a pension equal to 1/2 of the monthly salary received at the time of retirement or the highest average annual salary which they received during any five years of service preceding retirement, whichever is higher.

Council may at any time, in its discretion and upon the recommendation of the Commission, increase the allowances of persons receiving a pension. Such increases shall be in conformity with a uniform scale, which may be based on the cost of living, but the total of any such allowance shall not at any time exceed 1/2 of the current salary being paid fire fighters of the highest pay grade.

§ 38-31 Causes for forfeiture of rights in fund.

Any member entitled to receive a pension from the Firemen's Pension Fund shall be deprived of his right to participate therein for one of more of the following reasons:

(1)

Conviction of a felony or misdemeanor.

(2)

Becoming a habitual drunkard.

(3)

Failure to comply with some general regulation relating to the management of the fund which may be made by the managers and which may provide that failure to comply therewith shall terminate the right to participate in the pension fund.

Any termination of a pension shall only be after due notice and a hearing as prescribed in the regulations of the managers.

§ 38-32 Severability.

If any sentence, clause, section or part of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts hereof.

§ 38-33 Repeal of all inconsistent ordinances.

All ordinances or parts thereof inconsistent herewith are repealed, rescinded, canceled and annulled.

§ 38-34 When effective.

This article shall be effective 30 days after publication following final adoption in accordance with the City Charter and the Third Class City Code.