Borough of Lake City, PA
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Lake City as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-10-2004 by Ord. No. 359-04[1]]
[1]
Editor's Note: This ordinance also superseded former Ch. 10, Police Pension Plan, adopted 1-20-1997 by Ord. No. 328-97, as amended 11-17-1997 by Ord. No. 331-97.

§ 10-1 Adoption of plan.

The Borough of Lake City shall and hereby does adopt the within provisions as the Police Pension Plan of the Borough of Lake City.

§ 10-2 Administration.

The care, distribution and disposal of the fund shall be vested in the Pension Board and Lake City Borough Council. The Pension Board shall be as follows: Council President will be President of the Board, the Mayor shall act as Secretary of the Board, two police officers and one additional Councilperson. An approved financial institution will be the plan administrator and investment manager for the Lake City Police Pension Plan. The Board shall meet as needed with its members and an investment consultant and a report will be submitted to Lake City Borough Council.

§ 10-3 Eligibility.

All full-time members, as of the date of the adoption of this chapter, shall be eligible without any waiting period. All full-time members, engaged after the adoption of this chapter, shall only become eligible six months after the date of the employment of such police officer. All eligible officers shall participate.

§ 10-4 Method of funding.

The plan shall be funded by the cash value of the earnings of the funds. Liquid funds may be placed for management or invested as the Borough Council, by the recommendation of the Police Pension Board, may, from time to time, by resolution require.

§ 10-5 Member contributions.

A. 
In order to adequately fund the pension plan, participating members shall be required to contribute to the pension fund 5% of their compensation as recommended by the actuary engaged by the Borough.
B. 
The Lake City Borough Council may, on an annual basis, by ordinance or resolution, reduce or eliminate payments into the fund by members.
C. 
Members who are ineligible to receive a pension benefit for any reason must have their total contributions, plus interest at 5% per annum compounded annually, refunded by the plan upon termination of employment. Each annual contribution is credited with interest from the mid-point of the year (or part of a year) when made through the date of termination. If the reason for payment is due to the death of the employee, then the refund is paid to the beneficiary. See § 10-11.

§ 10-6 Employer contributions.

If the monies payable into the pension fund from the State of Pennsylvania and the contributions by employees are not sufficient to fund the plan in accordance with recommendation of such actuary as may be engaged by the Borough, then the Borough of Lake City will contribute the balance required to properly fund the pension plan.

§ 10-7 Vesting.

If a police officer terminates after completing 12 or more years of total vesting service, then he or she is eligible to receive his or her accrued benefit payable at normal retirement by filing written notice of his or her intention to vest with the Borough of Lake City within 90 days of the date he or she ceases to be a full-time police officer. The accrued benefit is equal to the prospective normal retirement benefit times service to date, divided by projected service to normal retirement.

§ 10-8 Service and age requirement for retirement.

The minimum period of service for retirement shall be a total period of service in the aggregate of 25 years for the Borough of Lake City, and the minimum age of the officer retiring shall be age 50.

§ 10-9 Retirement benefits.

[Amended 11-10-2008 by Ord. No. 382-08]
After retirement of a member, he/she shall receive a monthly retirement benefit in the amount of 50% of his/her average monthly wage from the Borough of Lake City over the final 36 months of his/her employment, including nonfixed components of pay such as overtime. Social security offset is reduced to 0% of the primary insurance amount based on earnings as a Lake City police officer and on the FICA laws in effect at the time of his/her termination.

§ 10-10 Cost of living adjustments (COLA).

[Amended 11-10-2008 by Ord. No. 382-08; 11-22-2010 by Ord. No. 395-10]
Any member who qualifies for a retirement benefit shall be entitled to a cost of living adjustments (COLAs) not beginning until the calendar year after the member's 62nd birthday. A cost of living adjustments shall be provided for all members retiring based on the increase in the Consumer Price Index. The total increase in the benefit shall not exceed 30% of the original benefit, nor shall the total benefit exceed 75% of the member’s final average salary. No COLA benefit shall be granted which would impair the actuarial soundness of the fund.

§ 10-11 (Reserved) [1]

[1]
Editor's Note: Former § 10-11, Killed in service, was repealed 11-22-2010 by Ord. No. 395-10.

§ 10-12 Survivor benefits.

A. 
The surviving spouse of a member of the police force or a member who retires on pension who dies or if no spouse survives or if he or she survives and subsequently dies, then the child or children under the age of 18 years or, if attending college, under or attaining the age of 23 years, will be entitled to receive a monthly benefit calculated at 50% of the pension the member was receiving or would have been entitled to receive had he or she been retired at the time death.
B. 
“Attending college" shall mean the eligible child or children are registered at an accredited institution of higher learning and are carrying a minimum course load of seven credit hours per semester.
C. 
A member of the police force who dies before his/her pension has vested the surviving spouse, and if no spouse survives or if he or she survives and subsequently dies, then the child or children under the age of 18 years or, if attending college, under or attaining the age of 23 years, of the member of the police force shall be entitled to receive repayment of all money which the member invested in the pension fund, plus interest at 5% per annum compounded annually of the member's investment in the pension fund, unless the member has designated another beneficiary for this purpose.

§ 10-13 Service-related disability benefits.

A. 
Any member who, in the line of service, becomes totally and permanently disabled, with such disability confirmed by a qualified physician designated by the Pension Board, shall be eligible to receive a disability benefit from the plan.
B. 
The service-related disability benefit shall be equal to 50% of the member's salary at the time the disability was incurred, reduced by the amount of social security disability benefits received for the same injury.
C. 
Service-related disability benefits awarded because of total and permanent disability shall be regulated by the law, legislation, rulings and judgments in place at the time of the disability.

§ 10-14 Intervening military service credit.

Any member of the police force employed by the Borough of Lake City for at least six months and who enters into military service of the United States of America shall have credited to his employment record for pension or retirement benefits all of the time spent in such military service if such member returns to his employment within six months after his separation from military service.

§ 10-15 Repealer.

All ordinances or parts of ordinances or resolutions conflicting with the provisions of this chapter are hereby repealed to the extent of such conflict.

§ 10-16 Effective date.

This chapter shall become effective on May 10, 2004.
[Adopted 4-14-2008 by Ord. No. 379-08]

§ 10-17 Adoption of guidelines; legislative authority.

The Borough hereby adopts the following guidelines that apply to arrests made without warrants:
A. 
Each police officer employed by the Borough of Lake City, when making an arrest without warrant upon probable cause for certain summary offenses as authorized by Section 8902(a) of the Judicial Code, 42 Pa.C.S.A. § 8902(a), shall follow the procedures set forth in Rule 441 of the Pennsylvania Rules of Criminal Procedure (relating to arrest without warrant in summary cases), and any Borough of Lake City procedures, now or hereafter established, relating to warrantless arrest upon probable cause for summary offense.
B. 
The procedures provided in Subsection A hereof shall constitute the promulgated guidelines required by Section 8902(b) of the Judicial Code, 42 Pa.C.S.A. § 8902(6), to be followed by a police officer employed by the Borough of Lake City in making a warrantless arrest under Section 8902(a) of the Judicial Code, 42 Pa.C.S.A. § 8902(a).
C. 
The procedures referenced in Subsection A hereof shall include such procedures, all amendments and supplements thereto and any new procedures substituted for the same approved by the Borough of Lake City Council and in force at the time of application under this section.