As used in this article, the following terms shall have the meanings indicated:
ACTUARYThe actuarial firm or individual selected by the fund from time to time, provided that all applicable government requirements for enrollment are satisfied.
ADMINISTRATORThe person(s), if any, to whom the Police Pension Commission has delegated administrative responsibilities under the plan.
AGREEMENT DATEJanuary 1, 1995, or such later date that funds are actually transferred to the fund from the PMRS and the agreement between the City and the union with respect to participation in the plan and fund by employees hired after December 13, 1978, is effective.
CITYThe City of Easton of the Commonwealth of Pennsylvania.
CODEThe Internal Revenue Code of 1986, as amended from time to time.
COMMISSIONThe Police Pension Commission and individually the persons who supervise the administration of the plan as provided in §
110-19. The Commission shall be comprised of nine persons to be designated by the Council as follows:
[Amended 12-12-2001 by Ord. No. 4049; 9-27-2006 by Ord. No. 4853]
(1) The Mayor or his designee.
(2) The Director of Finance or his designee.
[Amended 2-11-2009 by Ord. No. 5156]
(3) Chief of Police or his designee.
(4) Chairperson, in his/her absence, Vice Chairperson, of the City Council's Police and Fire Committee.
(5) The President, Vice President, Secretary and Treasurer of the Police Association, by virtue of their respective offices during their respective terms of office in the Police Association. The Police Association may also appoint up to four alternate delegates to serve in the absence of the President, Vice President, Secretary or Treasurer.
(6) A ninth representative as selected by a majority of the eight members of the Commission, with a term to run concurrently with the term of office of the City Controller. In the event the ninth member is not selected within 30 days after this article becomes effective, the ninth member shall be the City Controller and/or his/her designee.
(7) Designees and alternate delegates shall have the same powers, duties, and obligations of voting members for whom they are substituting.
(8) The Commission shall meet as needed.
COMPUTATION PERIODFor any employee the twelve-month period beginning on the employee's date of employment by the City or on any anniversary of such date and ending on the day before the anniversary thereof.
COUNCILThe City Council of the City.
EFFECTIVE DATE(Except as otherwise set forth herein) January 1, 1995, the effective date of this plan document. Pension benefits for members of the Police Association were originally effected by an ordinance first effective on July 1, 1923.
EMPLOYEEAny sworn employee of the City who is a member of the Bureau of Police of the City and either covered under the collective bargaining agreement or the Chief of Police or a Captain in the Bureau of Police of the City. Provided, however, that, until the agreement date, a person originally hired by the City on and after December 13, 1978, was not an employee for purposes of the plan.
EMPLOYMENT DATEThe date on which an employee first performs an hour of service for the City.
FUNDThe fund established by ordinance and known as the "City of Easton Aggregated Pension Trust Fund," out of which benefits payable under this plan shall be paid and to which contributions by the City and the employees shall be made.
LATE RETIREMENT DATEThe first day of the calendar month coincident with or next following the date on which a participant retires from employment with the City, provided that such retirement occurs after the participant's normal retirement date. The continued employment of an employee beyond the employee's normal retirement date shall be in accordance with City policy and applicable law.
LIMITATION COMPENSATIONFor any participant:
(1) The participant's wages, salary, fees for professional services, and other amounts received for personal services rendered in the course of employment with the City, to the extent that such amounts are includable in gross income, and regardless of whether an amount is paid in cash, including (but not limited to) commissions paid to salesmen, compensation for services on the basis of a percentage of profits, commissions on insurance premiums, tips, bonuses, fringe benefits, reimbursements, and expense allowances; foreign earned income, whether or not excludable from gross income under Section
911 of the Internal Revenue Code; taxable amounts received by the participant through accident or health insurance for personal injury or sickness or from a self-insured medical expense reimbursement plan; moving expenses paid or reimbursed by the City in excess of any amount deductible by the participant; and wages or payments in lieu of wages received on account of absence from work for permanent and total disability.
(2) "Limitation compensation" shall exclude the following:
(a) Contributions made by an employer to a qualified plan to the extent that, before the application of Section
415 of the Internal Revenue Code to that plan, the contributions are not includable in the gross income of the participant for the year in which contributed;
(b) Employer contributions on behalf of an employee to a simplified employee pension plan;
(c) Any distributions from a plan of deferred compensation, except that any amounts received by an employee pursuant to an unfunded nonqualified plan may be included in the year that such amounts are included in gross income;
(d) Other amounts which receive special tax benefits, such as premiums for group term life insurance to the extent not includable in gross income, or contributions made by an employer toward the purchase of an annuity contract described in Section
403(b) of the Internal Revenue Code.
LIMITATION YEARThe plan year or such other twelve-consecutive-month period as may be designated by the City.
NORMAL RETIREMENT AGEFor any participant, the later of:
(2) The 20th anniversary of the date on which he became an employee.
NORMAL RETIREMENT DATEThe first day of the calendar month coincident with or next following a participant's attainment of normal retirement age.
PARTICIPANTAn employee who is participating in this plan in accordance with its terms; a former employee receiving benefits under the plan; and a former employee who has a present or future right to receive benefits under the plan.
PENSIONABLE COMPENSATIONThe annual salary plus degree pay, longevity pay, personal day buyback, holiday pay, scheduled shift differential, and acting rank pay for regularly scheduled shift of a participant on the date in question.
PLANThe City of Easton Police Association Pension Plan, as set forth in various municipal ordinances and set forth herein (including any schedules) and as hereafter amended from time to time.
PLAN YEARThe calendar year (January 1 through December 31).
PMRSThe Pennsylvania Municipal Retirement System as established by the Pennsylvania Municipal Retirement Law, February 1, 1974, P.L. 34, No. 15, § 101.
PMRS ACCOUNTThe separate account established by the Commission under the fund to hold amounts which include member's contributions and any interest or excess interest credited to the participant's account by PMRS that are transferred from PMRS to the fund on behalf of a participant as more fully explained in §
110-21.
REEMPLOYMENT DATEThe first day on which a former employee performs an hour of service for the City as a rehired employee.
SEVERANCE DATEThe date, as recorded on the records of the City, on which an employee quits, retires, is discharged, or dies, or, if earlier, the first anniversary of the first day of a period during which the employee remains absent from service with the City (with or without pay) for any other reason expressly provided in §
110-12A(2).
SPOUSEThe person to whom a participant is married on any date of reference.
UNIONWashington Lodge No. 17 of the Fraternal Order of Police.
YEARS OF SERVICEThe number of computation periods counted with respect to determining an employee's vested status and eligibility for benefits under the plan, as further described in §
110-12.