City of Lower Burrell, PA
Westmoreland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Lower Burrell as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 50.
Salaries and compensation — See Ch. 90.
[Adopted 9-9-1975 by Ord. No. 6-1975]

§ 55-1 Upgrading of benefits established by Pennsylvania Municipal Retirement Law.

The City of Lower Burrell, being a member municipality of the Pennsylvania Municipal Retirement System, hereby elects to upgrade its member benefits in that system as established by the Pennsylvania Municipal Retirement Law as amended, from Article I to Article IV,[1] and does hereby agree to be bound by all the requirements and provisions of said article and the law, as the case may be, and to assume all obligations, financial and otherwise, placed upon member municipalities by said article, law and amendment, as the case may be. All references hereafter shall be based on benefits negotiated between the Board and the City under the provisions of Article IV.
[1]
Editor's Note: See 53 P.S. § 881.101 et seq.

§ 55-2 Election to join Municipal Employees' Retirement System.

The City of Lower Burrell, having placed all of its employees, as far as they are eligible, under the Federal Social Security Act, has elected to join the Municipal Employees' Retirement System, established by the Act of June 4, 1943, P.L. 886, as amended,[1] and has agreed to be bound by all requirements and provisions of said Act and to assume all obligations, financial and otherwise, placed upon member municipalities by said Act. "Municipal employee" means a person holding an office or position other than that of a municipal fireman or municipal policeman, under a municipality or a municipal government association and paid on a regular salary or per diem basis. The term shall not include officers and employees paid wholly on a fee basis.
[1]
Editor's Note: See 53 P.S. § 881.101 et seq.

§ 55-3 Credit for prior service.

Credit for prior service up to the time the City of Lower Burrell joined the Municipal Employees' Retirement System, toward the municipal annuity of each original member shall be for all years of service to the City of Lower Burrell. The City of Lower Burrell does hereby assume the liability for payment of 100% of the member's annuity for the prior service of each original member.

§ 55-4 Payment for prior service.

Payment for the prior service noted in § 55-3 hereof shall be made by the City of Lower Burrell in accordance with § 14 of said Act and may be spread over a period of 30 years if the City of Lower Burrell so chooses and with the consent of the Municipal Employees' Retirement Board.

§ 55-5 Options.

The City of Lower Burrell does hereby elect to extend the provisions of § 209 of the Pennsylvania Municipal Retirement Law, Act 15 of 1974,[1] so that contributors to the retirement system shall have the options and enjoy the protection set forth in subsections (b) and (c) of § 209 of the Pennsylvania Municipal Retirement Law, and § 209 is hereby incorporated and made a part thereof by reference hereto.
[1]
Editor's Note: See 53 P.S. § 881.209.

§ 55-6 Official acceptance.

As part of this article, the City of Lower Burrell agrees to the outline of benefits set forth in letter of the actuary addressed to the Pennsylvania Municipal Retirement Board, dated July 30, 1975, upgrading the benefits in the Pennsylvania Municipal Retirement System from Article II to Article IV. The passage and adoption of this article by the City of Lower Burrell is an official acceptance of said benefits, which will include the basic Erie Act and spouses pension. Costs are shown under Column A, Schedule A.[1]
[1]
Editor's Note: Such costs are on file in the City offices.

§ 55-7 Certified copy.

A duly certified copy of this article shall be filed with the Pennsylvania Municipal Retirement Board of the Commonwealth of Pennsylvania and membership under Article IV for the City of Lower Burrell in the Pennsylvania Municipal Retirement System shall be effective the first day of October 1975.
[Adopted 11-14-2011 by Ord. No. 7-2011[1]]
[1]
Editor's Note: This ordinance also provided: "Any ordinances or resolutions or parts of ordinances or resolutions conflicting with the provisions of this ordinance shall be, and hereby are repealed so far as the same affect this ordinance; however, such repeal shall not affect any act done or any right or liability accrued under such ordinance or resolution herein repealed or superseded and all such rights or liabilities shall continue and may be enforced in the same manner as if such repeal or super session had not occurred but only to the extent otherwise permitted under the laws of the Commonwealth of Pennsylvania."

§ 55-8 Plan amended.

A. 
The Police Pension Plan of the City of Lower Burrell ("Plan"), which was established pursuant to ordinance and under the provisions of the Third Class City Code, 53 Pa.C.S.A. § 35101 et seq., for the benefit of the City's police employees effective May 19, 1961, and which has been amended and/or restated by ordinances and resolutions of the City thereafter, shall be, and hereby is, amended and supplemented in the following respects.
B. 
Effective January 1, 2011, the Plan shall be amended by entirely deleting the provisions of said Plan and substituting the following in its place.[1]
[1]
Editor's Note: The Police Pension Plan is on file in the City's Office.