[Adopted 3-9-1987]
The Municipality of Kingston hereby elects and
ordains to establish and does hereby establish a pension and retirement
plan for the full-time firemen of the Municipality of Kingston, retroactive
to January 1, 1986, as said plan is attached hereto and incorporated
by reference herein in its entirety.[1]
[1]
Editor's Note: The plan is included as an
attachment to this chapter.
Membership in the pension and retirement plan
established by this Article shall be mandatory for all full-time municipal
firemen of the Municipality of Kingston. Membership for employees
hired on a temporary or seasonal basis shall be prohibited, and officers
and employees paid wholly on a fee basis shall be ineligible for membership
in the plan.
The Municipality of Kingston hereby acknowledges
responsibility and liability for all obligations due members of the
plan pursuant to and by reason of the prior participation of the municipality
in the Pennsylvania Municipal Retirement System and prior pension
plan, as well as the plan agreement as attached hereto, incorporating
and acknowledging such liability, which plan is incorporated by reference
herein in its entirety as if fully set forth in this section.
The Municipal Administrator, Mayor and Secretary
are hereby authorized and empowered to execute the plan and any and
all documents and undertakings necessary to accomplish the aforestated
objectives and purposes, retroactive to January 1, 1986.
The plan shall be construed according to the
laws of the Commonwealth of Pennsylvania, and all provisions hereof
shall be administered to, and validity shall be determined under the
laws of such commonwealth, except where preempted by federal law.
Should any provision of the plan or any regulation adopted thereunder
be deemed or held to be unlawful or invalid for any reason, such unlawfulness
or invalidity shall not adversely affect the other provisions or regulations
unless such invalidity or unlawfulness shall render impossible or
impractical the functioning of the plan, and in such case, the parties
shall forthwith adopt a new plan or regulations in accordance with
law.
[Added 4-18-1990 by Ord. No. 1990-9]
A.
Purpose. The Municipality of Kingston hereby elects
and ordains to establish and does hereby establish a Board of Trustees
for the administration of the Fire Fighters' Pension Plan, all in
conformance with an ordinance of the Municipality of Kingston, dated
March 14, 1988.
B.
Composition. The Board of Trustees shall consist of
seven members: three full-time fire apparatus operators; the Mayor,
two members of Town Council, more specifically the Chairman and Vice
Chairman or their duly appointed representative(s); and the Municipal
Administrator, who shall serve as Plan Administrator and Secretary
to the Board. In addition, he shall be deemed to be a nonvoting member.
All other members herein named shall be considered voting members.
The Board shall elect from its members a Chairman and Vice Chairman,
who shall serve for one-year terms. The Board shall reorganize at
its first quarterly meeting each year.
C.
Duties. The Board of Trustees shall meet on a quarterly
basis each year and shall be charged with the administration of the
plan, in cooperation with the Plan Administrator, and the depositing
of funds. The Board shall engage a professional actuary to perform
all studies and reports necessary to ensure compliance with Act 205.[1] The Board of Trustees shall give regular notice of its
meetings and shall publish minutes and reports to accurately reflect
the conduct of affairs by the Board.
[1]
Editor's Note: See 53 P.S. § 895.101
et seq.
D.
Terms of office. The regular and full-time fire apparatus
operators shall elect from their membership three individuals to serve
on the Board of Trustees. Their terms shall be staggered and shall
be for durations of one, two and three years, respectively. The regular
and full time apparatus operators shall notify the Administrator of
their duly elected representative each year. The municipality shall
be represented by its Council President and Vice President, where
terms shall coincide with their respective term of appointment by
Town Council. The Mayor shall serve as a standing member of the Board
of Trustees.
E.
Severability. This section shall be consistent with
all other applicable laws of the Commonwealth of Pennsylvania, and
all provisions hereof shall be administered to and validity shall
be determined under the laws of such Commonwealth except where preempted
by federal law. Should any provisions of the Plan or any regulation
adopted thereunder be deemed or held to be unlawful or invalid for
any reason, such unlawfulness or invalidity shall render impossible
or impractical the functioning of the Plan, and in such case, the
parties shall forthwith adopt a new plan or regulation in accordance
with the law.
[Added 12-2-2002 by Ord. No. 2002-9]
A one-time postretirement adjustment shall be
provided to the eligible retired members of the Firemen's Pension
Plan, the eligibility and the amount of such adjustments to be provided
in Act 64 of 2002,[1] and such adjustment shall be retroactively effective to
the first monthly pension benefit paid after June 30, 2002.
[1]
Editor's Note: See 53 P.S. § 896.401
and 896.402.
