[Ord. No. 667,
§§ 1.01, 1.02, 1.04—1.12, 12-11-1972; Ord. No. 676, § 1, 8-13-1973; Ord. No. 688, § 1, 11-26-1973; Ord. No. 810, § 1, 3-12-1979; Ord. No. 832, § 1, 6-9-1980; Ord. No. 903, § 1, 9-12-1983; Ord.
No. 910, § 1, 3-12-1984; Ord. No. 927, § 1, 2-11-1985; Ord.
No. 988, § 1, 4-11-1988; Ord. No. 1090, § 1, 12-9-1991; Ord.
No. 1104, § 1, 6-8-1992; Ord. No. 1147, § 1, 2-14-1994; Ord.
No. 1295, § 1, 7-19-1999; Ord. No. 1310, § 1, 12-13-1999; Ord. No. 1331, § 1, 8-14-2000; Ord. No. 1418, § 1, 3-8-2004]
As used in this article, the following terms shall have the
indicated meanings:
Sixty-five percent of a member's monthly plan compensation
for members employed by the Township as of August 19, 1999, through
December 31, 1999, and 50% of a member's monthly plan compensation
for members hired on or after January 1, 2000, reduced by 75% of such
member's primary insurance amount under the Federal Social Security
Act during the period when such amount is payable to a member who
terminates or retires in the year 1988 or who had terminated or retired
in any year prior thereto; reduced by 56.25% of such member's primary
insurance amount under the Federal Social Security Act during the
period when such amount is payable to the member who shall terminate
or retire in 1989; and reduced by 37.02% of such member's primary
insurance amount under the Federal Social Security Act during the
period when such amount is payable to the member who shall terminate
or retire in 1990 or in 1991. For members who terminate or retire
from active service on or after January 1, 1992, no social security
offset will be applicable.
In the case of each member the aggregate of the member's
contributions which have been withheld from his monthly salary under
this plan and predecessors thereto.
The Girard Trust Bank and any successor thereto that may
be appointed by the Township council.
The members of the Plymouth Township Council in office from
time to time.
In the case of each member, the period of his continuous
employment by the Township as a policeman. Continuous service shall
be computed to the nearest 1/12 of a year. Periods of absence due
to:
Authorized leave not in excess of one year as to any one such
leave;
Sick leave, not in excess of one year as to any one such leave;
Voluntary or involuntary service in the Armed Forces of the
United States while it is engaged in a war or while any law requiring
compulsory military service is in effect; shall not interrupt continuous
service but shall not, except for item (3) above, be included in continuous
service; provided, however, that if a member fails to return to work
within the time fixed by the Township (or within such longer time
as may be provided by law for the protection of his re-employment
rights following military service), his continuous service shall be
deemed to have ended at the beginning of such absence; and further
provided, however, that if a member returns to work after a sick leave
exceeding one year in length and remains continuously employed as
a Plymouth Township police officer for at least five years thereafter,
that member's total length of actual service for the Township as a
police officer shall be deemed to be continuous.
Retirement pursuant to a member's request in writing, to
continue in active service as a member of the Township police department
past his/her normal retirement date, and the member's having passed
the required physical examination and obtained a certification of
fitness to continue in service from the Chief of Police, and the Township
having approved the request.
The last day of the calendar month in which a member reaches
his/her sixtieth anniversary of birth or his/her actual date of retirement,
if earlier.
The Deferred Retirement Option Plan.
October 1, 1971.
Each regular full-time policeman in the service of the Township
on or after the effective date of this plan. For this purpose, "full-time"
means employment by the Township for at least 20 hours per week and
five months per year.
Effective January 1, 1995, and for each succeeding year, the contribution rate shall be the rate determined by the Township's actuary after conducting an actuarial study of the plan. The actuarial study conducted for the purpose of determining the member's annual contribution rate shall be completed no later than December 15 of the previous year. The rate of contribution shall be in accordance with Section 6 of Act 600, 53 P.S. § 772. Except in the event of fraud or mistake, the contribution rate recommended by the actuary shall be final and binding and shall not be subject to the grievance and arbitration procedure. Effective January 1, 1994, each member's contribution shall be eliminated through December 31, 1994. The contribution rate recommended by the actuary shall be established, reduced or eliminated, from time to time, by resolution adopted by Township Council.
The average of a member's monthly salary rate during the
final 36 months of the member's continuous service with the Township.
For members retiring in 1992 and thereafter, a member's regular
straight time rate of monthly salary as fixed under the then-current
collective bargaining agreement in effect on the date of the termination
or discontinuance of the member's continuous service with the Township,
as well as overtime pay, longevity pay, educational bonus and holiday
pay.
The last day of the calendar month in which a member reaches
his 52nd anniversary of birth, provided the member has completed 25
years of continuous service.
The inability of a member to physically or mentally perform
assigned duties as a police officer, as determined by council on the
basis of medical evidence, which disability is determined to be permanent
and irreversible in nature, so that the member will never again be
fit to physically or mentally perform such duties.
The pension plan set forth in this division and as amended
from time to time, which shall be known as the "Plymouth Township
Police Pension Plan."
An individual who is enrolled in an institution of higher
learning and carrying a minimum course load of seven (7) credits per
semester.
All Township police officers shall retire upon reaching age
55 unless they are physically able to continue to age 60 and the Council
agrees to such continuance. In no event shall delayed retirement be
extended beyond the delayed retirement date.
[Ord. No. 667,
§ 2.01, 12-11-1972]
The Township shall pay to the fund held by the bank any cost
of the plan in excess of the amounts remitted to the fund from the
state and as gifts to the plan and as member contributions, with such
payments to be in amounts as determined by an actuary appointed by
the Township.
[Ord. No. 667,
§ 2.02, 12-11-1972]
Payments of pensions to retired members shall not be a charge
on any other fund in the treasury of the Township, or under its control,
but the same shall be payable only from the fund held by the bank.
[Ord. No. 667,
§ 3.03, 12-11-1972; Ord. No. 676, § 1, 8-13-1973; Ord.
No. 849, § 1, 1-12-1981; Ord. No. 1418, § 2, 3-8-2004]
(a)
If a member's employment with the Township is terminated after at
least 15 years of continuous service (or 12 such years if his termination
occurs on or after January 1, 1982), but before his normal retirement
date (other than for death or for permanent disability), he shall
be eligible for a deferred vested pension, provided that, within 90
days of the date his employment terminates, he files with the board
a written notice of his intention to vest. The deferred vested pension
will be payable monthly beginning with his normal retirement date
and continuing thereafter for his lifetime. The amount of the deferred
vested pension will be equal to his accrued monthly pension on the
date his employment terminated, multiplied by the percentage that
his years of continuous service at termination bears to the years
of continuous service which he would have rendered had he continued
in service until his normal retirement date. If a member who has filed
such intent to vest shall die before his normal retirement date, there
shall be paid to his designated beneficiary an amount in one sum equal
to his aggregate member contributions, plus all interest earned by
such contributions while in the pensions fund, as determined by regulations
of the board.
(b)
If a member's employment with the Township is terminated before his
normal retirement date (other than for permanent disability or a termination
for which he has filed a notice of intent to vest under paragraph
(a) hereof), there shall be refunded to him (or to his designated
beneficiary in the case of death) an amount in one sum equal to his
aggregate member contributions, plus all interest earned by such contributions
while in the pension fund, as determined by regulations of the board.
[Ord. No. 667,
§§ 5.01—5.03, 12-11-1972]
(a)
The Township hopes and expects to continue the plan and the payment
of contributions hereunder indefinitely; but such continuance is not
assumed as a contractual obligation, and, in order to protect both
members and the Township against unforeseen contingencies, the Township
expressly reserves the right to amend or to terminate the plan at
any time consistent with statutory requirements.
(b)
If the plan is terminated, all assets of the fund held by the bank
shall be transferred to the successor police pension fund established
in conformity with the applicable laws of the state.
(c)
The Township reserves the right to change the medium of funding the
plan or to substitute another plan at any time and without the consent
of any other party. The plan shall not be considered as having terminated
nor shall any benefits be considered as having vested because of such
change or substitution.
[Ord. No. 667,
§ 6.01, 12-11-1972]
To the extent permitted by law, none of the benefits payable
hereunder shall be subject to the claims of any creditor of any member
or beneficiary nor shall the same be subject to attachment, garnishment
or other legal or equitable process by any creditor of any member
or beneficiary, nor shall any member or beneficiary have any right
to alienate, anticipate, commute, pledge, encumber or assign any of
such benefits.
[Ord. No. 667,
§ 6.04, 12-11-1972]
The plan shall not confer upon any employee any right of employment
nor shall any provision interfere with the right of the Council to
discharge any employee.
[Ord. No. 667,
§ 6.05, 12-11-1972]
All provisions of the plan, including definitions, shall be
construed according to the laws of this state.
