A.
Each member shall contribute an amount equal to 5% of his or her
compensation to fund the benefits under this plan plus $1 per month,
or such greater amount which is certified by the plan's actuary
as permissible for a financially distressed municipality under the
Municipal Pension Plan Funding Standard and Recovery Act (Act 205),[1] if applicable. Contributions shall be paid only on compensation
which would be includable in a calculation of final salary. The required
member contributions shall be paid into the fund by the City either
through payroll deductions or through pickup contributions in such
manner and time as the Board may by rule and regulation determine.
A member may not make additional voluntary contributions to increase
his or her accumulated deductions. Each member shall in addition contribute
at a rate certified by the Board as sufficient to fund any purchase
or reinstatement of credit or payment of debt, including such employee
contributions plus interest required for the base salary adjustment
available through December 31, 2015, as provided for in the collective
bargaining agreement between the City and the Fraternal Order of Police.
[Amended 4-9-2013 by Ord. No. 3-2013; 9-16-2013 by Ord. No. 18-2013]
[1]
Editor's Note: See 53 P.S. § 895.101 et seq.
B.
Effective January 1, 1999, (former) Plan B will be eliminated and
all members in (former) Plan B shall be transferred to (former) Plan
A. All provisions of (former) Plan A shall apply to all members of
the Police Department with the exception that former members of Plan
B and all officers hired after January 1, 1999, shall, upon retirement,
have their pension benefit calculated on the basis of the highest
five-year average salary prior to retirement.
C.
Effective January 2, 2001, all provisions of former Plan A, including
the definition of "final salary," shall apply to all members of the
Police Pension Plan.
Superannuation retirement age shall be 50 years of age.
A.
Final salary shall be determined by calculating the annualized basic
compensation rate, including longevity payments, at the time an application
for a benefit is filed with the Board or will be effective or the
average of the last five years of basic compensation received, including
longevity payments, whichever is higher.
B.
Exclusions from the basic compensation rate in determining final
salary. Shift differential pay, overtime pay, terminal leave pay,
payments for off-duty schooling or drill, court time, clothing and
equipment allowances, meal allowances, educational incentive payments,
bonuses, payments in lieu of dependent's health insurance costs,
severance pay and other special forms of compensation are excluded
from final salary.
[Amended 1-23-2007 by Ord. No. 30-2006; 9-16-2013 by Ord. No.
18-2013]
A.
A member who terminates services at or after attaining superannuation
retirement age and who has a total of 20 years of credited service
shall receive a basic superannuation retirement allowance of 50% of
final salary.
B.
In addition to a basic superannuation retirement allowance, members
hired prior to the effective date of this ordinance[1] with more than 20 years of credited service shall receive
an additional service retirement allowance. The additional service
retirement allowance shall be equal to 2 1/2% of the final salary
multiplied by the number of whole years of total service credits beyond
20 up to a maximum of 62.5% of final salary.
[1]
Editor's Note: "This ordinance" refers to Ord. No. 18-2013.
C.
In addition to the added service retirement allowance, members hired
prior to the effective date of this ordinance[2] who have retired or will retire after January 1, 2004,
and have attained 26 years of credited service or more shall receive
further benefit improvements as follows:
(1)
Members with 26 years of credited service shall receive an additional 2.5% of the maximum of final salary as indicated in Subsection B or 65% of final salary.
[2]
Editor's Note: "This ordinance" refers to Ord. No. 18-2013.
D.
In addition to a basic superannuation retirement allowance, members
hired on or after the effective date of this ordinance[3] with more than 20 years of credited service shall receive
a service increment. The service increment shall be equal to 1/40
of the superannuation retirement allowance multiplied by the number
of whole years of total service credits beyond 20 years. In computing
the service increment, no employment after the contributor has reached
the age of 65 years shall be included and no service increment shall
be paid in excess of $100 per month.
[3]
Editor's Note: "This ordinance" refers to Ord. No. 18-2013.
Notwithstanding the provisions of § 2-707.16, no superannuation retirement allowance based on 20 years of credited service shall be less than $4,000 per year.
At or after attaining superannuation retirement age, a vestee
may apply for a superannuation retirement allowance.
A.
Each former Plan B member and all former Plan A members who elected to be new PMRS members prior to January 1, 1987, and members who joined PMRS between September 1, 1984, and December 31, 1998, may, within 90 days of the date of enrollment or beginning of employment, as the case may be, file with the Board to waive the spouse's death benefit set forth in § 2-707.21 of this agreement plan and elect an option set forth in this section. Such an election shall be irrevocable, whether or not an eligible spouse exists to receive a spouse's death benefit at the time it is due. A failure to file an election within 90 days shall be deemed a retention of the spouse's death benefit and a waiver of the options set forth in this section.
[Amended 9-28-2004 by Ord. No. 32-2004]
B.
Each former Plan B member and all former Plan A members who elected
to be new PMRS members prior to January 1, 1987, and members who joined
PMRS between September 1, 1984, and December 31, 1998, who elect to
be covered by an option set forth in this section who die in service
or as a vestee and who are eligible for a superannuation retirement
shall be considered to have retired the day before his or her death
under the provisions of Option 1. As the time of superannuation, an
eligible member may elect to receive his or her retirement benefits
in a retirement allowance payable throughout his or her life. In the
event of the death of an eligible member before he or she has received
the full amount of the total accumulated deductions standing to his
or her credit on the effective date of retirement, the balance shall
be paid to his or her designated beneficiary.
[Amended 9-28-2004 by Ord. No. 32-2004]
(1)
Option 1. If he or she shall die before receiving in payments the
present value of the retirement allowance calculated at the time of
the retirement, the balance shall be paid in a lump sum to the legal
representative or to or in trust for the designated beneficiary.
(2)
Option 2. Upon death, his or her retirement allowance shall be continued
throughout the life of and paid to his or her beneficiary, if then
living.
(3)
Option 3. Upon death, 1/2 of his or her retirement allowance shall
be continued throughout the life of and paid to his or her beneficiary,
if then living.
C.
Beneficiaries
designated under Option 1 may be changed by filing a new designation
with the Board or the Board's designee. Beneficiaries named in Option
2 or Option 3 may not be changed. In the event a beneficiary predeceases
a member, a substitute may not be named.
A.
An active member may, prior to reaching superannuation age, upon
application or on application of one acting on his or her behalf,
or upon application of the Chief of Police or his or her designee,
be retired by the Board on a disability retirement allowance if the
physician designated by the Board shall certify to the Board that
the member has suffered a permanent and total disability. An active
member may, in the alternative, be retired by the Board on a disability
retirement allowance if the City and the Fraternal Order of Police
(FOP) jointly recommend in writing that it is appropriate to retire
such member under these provisions. In all cases, the Board shall
review and either accept or reject any application. If the Board rejects
a disability retirement application, the Board shall communicate such
to the member within 30 days. Arbitration decisions concerning heart
and lung matters will be binding on the Board.
[Amended 11-25-2003 by Ord. No. 34-2003]
B.
In the event of a permanent and total disability due to injuries sustained in the line of duty, the disability retirement allowance shall be 50% of final salary, with an offset for any workers' compensation benefits received by the member. For purposes of this Subsection B only, the definition of "permanent and total disability" is modified to provide that the member is prevented from engaging in employment as a police officer within the City of Harrisburg.
C.
If a member hired prior to the effective date of this ordinance[1] suffers a permanent and total disability and such disability
is not service-connected, such member shall be entitled to a disability
retirement allowance if he or she has four or more years of credited
service. If the member has 20 years of credited service, the allowance
shall be a superannuation retirement allowance, but without reduction
for being under superannuation retirement age. If the member has less
than 20 years of credited service, the allowance shall be 50% of final
salary.
[Amended 9-16-2013 by Ord. No. 18-2013]
[1]
Editor's Note: "This ordinance" refers to Ord. No. 18-2013.
C.1.
If a member hired on or after the effective date
of this ordinance[2] suffers a permanent and total disability and such disability
is not service-connected, such member shall be entitled to a disability
retirement allowance as follows:
[Added 9-16-2013 by Ord. No. 18-2013]
(1)
If the member has less than 10 years of credited service, the allowance
shall be 25% of final salary.
(2)
If the member has 10 or more years of credited service, the allowance
shall be 50% of final salary.
[2]
Editor's Note: "This ordinance" refers to Ord. No. 18-2013.
D.
Any member entitled to retire for permanent and total disability
may, in lieu of such retirement, elect to retire under the superannuation
provisions of this agreement, if he or she has met the age and service
requirements of those provisions.
E.
Once every year the Board may require any member receiving a disability
pension, while still under superannuation retirement age, to undergo
a medical examination by a physician designated by the Board. Should
the physician report and certify to the Board that such member is
no longer suffering a total and permanent disability, then his or
her disability retirement allowance shall be discontinued. If the
member has received less in disability payments than the total amount
of his accumulated deductions at the time of retirement, then the
member may receive the difference.
F.
Should a member receiving a disability pension while under superannuation
retirement age refuse the Board's request to submit to a medical
examination in any year by a physician designated by the Board, the
disability retirement allowance shall be discontinued until the withdrawal
of such refusal, and should such refusal continue for one year, then
all rights in and to any disability retirement allowance provided
for by this chapter shall be forfeited.
G.
A member whose disability pension is discontinued may return to service
within 90 days of being discontinued. In such event, the member will
be credited with the number of years of service he or she had at the
time of disability retirement.
H.
A member whose disability pension is discontinued who does not return to service within 90 days, but who subsequently returns to service, may elect within 90 days of returning to service to restore credit for prior service by paying to the plan the amount of benefits, including return of accumulated deductions received from the plan, or the amount of accumulated deductions standing to his or her account on the date the disability pension became effective, whichever is less. Otherwise, he or she shall not be entitled to the credit earned prior to his or her disability retirement. This reinstatement of credit shall be according to the provisions of § 2-707.24.
I.
Should a member receiving a disability pension die, a monthly pension
equal to 50% of the monthly pension benefit the member was receiving
shall be payable to the surviving spouse until the spouse's death,
provided that such spouse had been married to the member prior to
the commencement of retirement benefit payments and at the time of
the member's death. If a spouse who is receiving a benefit under
this subsection dies, payments will continue to be made to the guardian
of, or for the benefit of, the member's surviving children under
the age of 18 years. Each eligible child shall receive a proportional
share of the benefits. Payment of each child's share shall cease
upon that child attaining the age of 18 years.
J.
Members hired prior to the effective date of this ordinance[3] are eligible for a disability retirement allowance as set forth in this section. However, a member shall be eligible to receive a disability retirement allowance computed as of December 31, 1998, which is no less than 50% of final salary if he or she has less than 20 years of credited service and a superannuation retirement allowance if he or she has 20 or more years of credited service. The amount of disability pension under this § 2-707.20 shall be determined on December 31, 1998, and there shall be increases after such date.
[Amended 9-16-2013 by Ord. No. 18-2013]
[3]
Editor's Note: "This ordinance" refers to Ord. No. 18-2013.
A.
If a member who did not elect to be covered by the retirement options set forth in § 2-707.19 dies while employed by the Bureau of Police of the City of Harrisburg, a monthly pension equal to 50% of the monthly pension benefit the member would have received had he or she retired as of the date of death shall be payable to the surviving spouse on or after the date the member would have attained superannuation age until the spouse's death, computed on the assumption the member had completed at least 20 years of credited service and was at least age 50.
(1)
If a member dies who did not elect to be covered by the retirement options set forth in § 2-707.19, a monthly pension shall be payable to the surviving spouse, until the spouse's death, equal to 50% of the monthly pension benefit the member was receiving. Such benefit shall be payable only if the spouse was married to the member at the time benefits commenced and at the time of the member's death.
(2)
If a spouse who is receiving a benefit under this section dies,
payments will continue to be made to the guardian of, or for the benefit
of, the member's surviving children under the age of 18 years.
Each eligible child shall receive a proportional share of the benefits.
Payment of each child's share shall cease upon that child attaining
the age of 18 years.
B.
If a vestee dies after attaining the age that makes him or her eligible to immediately begin receiving a retirement allowance, such vestee shall be considered to have applied for a retirement allowance effective the day before death under the provisions of Option 1 of § 2-707.19.
C.
Should a vestee die before becoming eligible for a retirement allowance,
or should a member die while in service and before becoming eligible
for any other benefits contained in this chapter, the full amount
of the accumulated deductions standing to his or her credit shall
be paid to the designated beneficiary. If, upon death, the member
shall have less than $100 in accumulated deductions standing to his
or her credit and his or her estate is the designated beneficiary,
the Board may, if no letters testamentary or of administration have
been taken out on the estate within six months after death, pay such
accumulated deductions on the claim of the undertaker or to any person
or municipality who or which shall have paid the claim of the undertaker.
A.
A member who no longer holds a position of employment with the City
that entitles him or her to membership in the plan under this chapter
shall be entitled to withdraw his or her total contributions, minus
any amount owed to the plan, regardless of the member's eligibility
for any other benefit provided under this chapter. However, no interest
shall be withdrawn or payable to such member.
B.
A member who withdraws his or her contributions does so in lieu of
any other benefit to which he or she is entitled under this chapter.
A member who elects to withdraw any contributions made under this
chapter must withdraw all of them. The withdrawal of contributions
shall be made by filing a written application with the Board or the
Board's designee. Upon the filing of the refund application,
the member shall lose all service credits for which the contributions
being withdrawn were made.
A.
An active member with credited service of not less than six months
service with the City who is inducted into active military service
in times of war, armed conflict or national emergency shall be eligible
for intervening military service credit during the continuance of
such period of time, provided he or she has returned to City employment
within six months following separation from active military service
and the contributions required by this section are made.
B.
The City shall continue making current service municipal contributions
on account of any member who is on intervening military City employment.
Any active member desiring to purchase service credits for such intervening
military service shall file with the Board or the Board's designee
an application to purchase such credit at any time after returning
to service. The contribution required for this purchase shall be computed
by applying the contribution rate of the member to his or her compensation
at the time of entry into active military service, multiplying the
same by the number of years and fractional parts thereof of such service
and adding regular interest from the date the employee returns to
employment, which shall be within six months, to the date of purchase.
[Amended 4-14-2004 by Ord. No. 13-2004]
C.
A member may also purchase credit for nonintervening active military
service, for a period not in excess of five years, provided that he
or she has completed at least five years of credited service with
the City for retirement purposes subsequent to such active military
service. Any qualifying member who wishes to purchase such credit
shall file with the Board or the Board's designee a notification
of intent to purchase nonintervening military service. If a member
gives notice to the Board prior to the member reaching five years
of credited service with the City, the Board or the Board's designee
shall inform the member when five years of credited service with the
City have been completed. A member shall have 90 days after giving
notification of intent to purchase nonintervening military service
credit to purchase the credit, unless the member is not eligible to
purchase credits at the time notification is given, in which case
the member shall have 90 days from the date the member becomes eligible.
Service credits must be purchased in one lump sum payment.
[Amended 4-14-2004 by Ord. No. 13-2004; 12-22-2008 by Ord. No.
14-2008]
D.
A member who purchases credit for nonintervening military service
shall make the payment for both the member's contributions and
the City's contributions. The amount of the payment shall be
determined as provided below:
[Amended 12-22-2008 by Ord. No. 14-2008[1]]
(1)
If the member's date of hire is prior to January 1, 1999,
the amount due for such purchase shall be computed by multiplying
the sum of the basic contribution rate of the member and the normal
cost percentage for the City from the most recently completed actuarial
report as of January 1999, based on the salary of the member as of
January 1, 1999, by the number of years, or fractional parts of a
year, of service sought to be purchased together with interest of
6% calculated from January 1, 1999, to the date which is 90 days from
the day that notification of intent to purchase nonintervening military
service credits is given to the Board.
(2)
If the member's date of hire occurred on or after January
1, 1999, the amount due by the member for such purchase shall be computed
by multiplying the sum of the basic contribution rate of the member,
plus the normal cost percentage for the City from the most recently
completed actuarial report in effect when the member entered the employ
of the City, based on the member's starting salary, by the number
of years, or fractional parts of a year, sought to be purchased, plus
interest at the rate of 6% from the date of employment to the date
which is 90 days from the day that notification of intent to purchase
nonintervening military service credits is given to the Board.
(3)
In the event the separation of the member from active military
service occurred subsequent to December 31, 1998, the credit purchased
for such nonintervening service shall be considered current service
credit. The amount due by the member for such purchase shall be computed
by multiplying his or her basic contribution rate, plus the normal
rate of required member contributions, by the average annual rate
of compensation over the first five years of subsequent employment
and multiplied by the number of years, or fractional parts of a year,
sought to be purchased, plus interest at the rate earned by the fund
during each of the five years of subsequent service from the date
of employment to the date the purchase is completed or paid in full.
E.
A request for purchase will be granted only if the applicant's
discharge or separation from service was granted under other than
dishonorable conditions. Proof of the nature of the discharge or separation
must accompany the application for credit for military service, whether
intervening or nonintervening.
F.
Limitations shall be as follows:
(1)
A member shall not be eligible for credit for nonintervening
military service if such service entitles him or her to receive, now
or in the future, or if he or she is receiving, a governmental pension
based on such nonintervening military service, irrespective of the
fact that such member may have actual military service in excess of
the minimum amount necessary to qualify for such pension.
(2)
Crediting for nonintervening military service shall also be
unavailable to anyone who is in a reserve component of the Armed Forces
or the National Guard of any state or territory, regardless when that
person may actually be entitled to receive a federal pension based
on such service.
(3)
A member who is receiving disability compensation based on a
service-connected injury or illness as a result of active military
service shall be eligible for credit of nonintervening military service.
(4)
In all cases, military service shall be limited to active military
service rendered only to the Armed Forces of the United States.
G.
The provisions of this section shall apply regardless of when the
creditable military service was rendered.
A.
A member who withdrew his or her contributions from the plan may,
within 90 days after return to service and enrollment in the plan,
by written application filed with the Board or the Board's designee,
elect to restore to the plan the amount withdrawn plus regular interest
from the date the withdrawal was made. Upon receipt of the application,
the Board or the Board's designee will certify to the member
the amount due.
B.
Upon receipt of payment, the Board will credit the member with the
credited service previously withdrawn. Each continuous period of prior
membership service for which repayment is made and credited service
restored must be made in its entirety. However, in the event of two
or more discontinuous periods of membership in the plan, the member
may, at the member's option, choose not to restore one or more
of them. The Board will bill the member separately for each period
of service the member seeks to restore. A member who terminates service
under the terms of this chapter, whether by death, retirement or taking
a position with the City not covered by this chapter, prior to the
receipt by the Board of any funds for the repayment of withdrawn contributions
or to restore credited service, shall not receive any credit for the
time sought to be purchased, regardless of any other written or oral
agreement between the member and the Board to the contrary. In the
event only partial payment has been made, the member will receive
the credited service but will be considered to owe a debt to the Board
for the unpaid amount plus interest.
C.
Except when the estate of a deceased member or the guardian of an
incompetent member completes partial payments, no one, including a
beneficiary or survivor annuitant, can make payments to restore credit
or purchase military time on behalf of the member, except the member
himself or herself.
D.
Upon restoration of service credits, a member's rights as they
existed at the time of separation from service shall be restored and
his or her obligations as a member shall begin again. The rate of
contribution of such returning member shall be the same as it was
at the time of separation from service, unless there has been a change
in benefits, in which case the contribution rate shall be the same
as that paid by a new member receiving like benefits.
A member shall not be permitted to repurchase service credits withdrawn from other municipalities, except that payments which began during service with another municipality pursuant to § 2-707.26 may be completed.
A new member who was formerly an employee of the City may elect,
within 90 days of the effective date of entry into the plan, to purchase
credit for prior service according to the rules and regulations of
the Board. The City will make the necessary municipal contributions
for such prior service. The member will make the member contributions.
A.
The City will certify to the Board the names, addresses, social security
numbers, sexes, birth dates, and benefits being received or to be
received (including death benefits and beneficiaries) of all persons,
trusts and estates receiving benefits from Plan A, Plan B or PMRS
as of December 31, 1998. Upon the enrollment of the former Plan A
members, former Plan B members and former PMRS members, the City will
certify to the Board the names, addresses, social security numbers,
sexes, birth dates and benefits being received or to be received (including
death benefits and beneficiaries) of the vestees of these former members
and of all persons, trusts and estates who or which began to receive
benefits from Plan A, Plan B or the PMRS Plan on or after September
1, 1984, and prior to January 1, 1999. The payment of benefits so
certified will be administered by the Board according to the terms
of this section.
B.
Prior to January 1, 1999, the Board will certify to the City as due
and owing the amount of the benefits payable for each full month after
the City has certified the list of Plan A, Plan B and PMRS annuitants
and vestees. Upon receipt from the City of the amount so due, the
Board will authorize the plan to pay that month's benefits. No payments
will be made until the full amount due that month has been received
by the Board. Partial, incomplete or late payments by the City will
result in a delay in payment of the benefits being administered by
the Board.
C.
As of January 1, 1999, the remaining total liability on these benefits will be calculated by the Board. The amount necessary, if any, to fully amortize this unfunded liability in 25 consecutive annual installments, paid quarterly, will be certified to the City by the Board as part of the liability payments due from the City pursuant to § 2-707.32. The City shall in all events guarantee payments under this section. In the event the City fails to make the necessary funding payments, the payment by the Board of the benefits so assumed shall cease.
