[HISTORY: Adopted by the Board of Supervisors
of the Township of Brighton as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Manager — See Ch. 32.
[Adopted 1-13-2020 by Ord. No. 223[1]]
[1]
Editor’s Note: This ordinance also superseded former
Art. I, Municipal Employees Retirement Plan, adopted 2-12-2018 by
Ord. No. 209.
Brighton Township (the Township), having established a nonuniform
pension plan administered by the Pennsylvania Municipal Retirement
System (the System), hereby elects to amend its Nonuniform Pension
Plan administered by the System in accordance with Article IV of the
Pennsylvania Municipal Retirement Law, 53 P.S. §881.101 et seq.
(Retirement Law), and does hereby agree to be bound by all the requirements
and provisions of the Retirement Law and the Municipal Pension Plan
Funding Standard and Recovery Act, 53 P.S. §895.101 et seq.,
and to assume all obligations, financial and otherwise, placed upon
member municipalities.
As part of this article, the Township agrees that the System
shall administer and provide the benefits set forth in the amended
Nonuniform Pension Plan document entered into between the Pennsylvania
Municipal Retirement Board and the Township effective as of the date
specified in the adoption agreement (the contract).
The Township acknowledges that by passage and adoption of this
article, the Township officially accepts the contract and the financial
obligations resulting from the administration of the contract.
Payment for any obligation established by the adoption of this
article and the contract shall be made by the Township in accordance
with the Retirement Law and the Municipal Pension Plan Funding Standard
and Recovery Act. The Township hereby assumes all liability for any
unfundedness created due to the benefit structure set forth in the
contract.
The Township intends this article to be the complete authorization
of the contract, as amended, and it shall become effective as of the
date specified in the adoption agreement, which is the effective date
of the contract, as amended.
A duly certified copy of this article and an executed contract
shall be filed with the System.
[Adopted 8-8-1994]
This article shall be known and will be cited
as the "Police Pension Fund Resolution of the Township of Brighton."
Pursuant to the provisions of Act No. 600, approved
May 29, 1956, of the General Assembly of the Commonwealth of Pennsylvania,
as amended,[1] the Township of Brighton established as of August 12,
1968, a Police Pension Fund to be maintained by a charge against each
member of the police force, by annual appropriations made by the Township
of Brighton, by payments made by the State Treasurer to the Township
of Brighton Treasurer from the moneys received from taxes paid upon
premiums by foreign casualty insurance companies for purposes of pension
retirement, for policemen, and by gifts, devises or bequests granted
to such Police Pension Fund pursuant to the provisions of such Act.
[1]
Editor's Note: See 53 P.S. § 767
et seq.
[Amended 6-14-2004 by Res. No. 04-14]
Such Police Pension Fund and all moneys associated
therewith shall be under the direction of the Supervisors of the Township
of Brighton and applied under such regulations as the Supervisors
of the Township of Brighton may, by resolution in conformity to existing
law, prescribe for the benefit of such members of the police force
as shall receive honorable discharge therefrom by reason of age and
service or disability and the families of such as may be killed in
the Township service. All such pensions as shall be allowed to those
who are retired by reason of disability shall be in conformity with
a uniform scale.
The Township of Brighton Police Pension Fund
is hereby authorized to take by gift, grant, devise or bequest any
money or property, real, personal or mixed, in trust, for the benefit
of such Police Pension Fund, and the care, management, investment,
and disposal of such trust funds or property shall be vested in the
Supervisors of the Township of Brighton or other person or persons
having the management of the Police Pension Fund under the direction
of the Supervisors of the Township of Brighton, and said trust funds
shall be governed thereby subject to such directions and inconsistent
therewith as the donors of such funds and property may prescribe.
A.
The Police Pension Fund established by § 43-9 hereof shall be maintained as follows:
(1)
By a monthly charge on or against the salaries of
each member of the Township police force of an amount equal to not
less than 5% nor more than 8%, which charge is hereby made, beginning
with all salaries for the month of September 1968.
(2)
By gifts, grants, devises or bequests granted to the Police Pension Fund, if any, pursuant to § 43-11 hereof.
(3)
By the payments made by the State Treasurer to the
Township Treasurer from the moneys received from taxes paid upon premiums
by foreign casualty insurance companies for purposes of pension retirement
or disability benefits for the Township policemen, which payments
shall be used as follows:
(4)
The remainder of the needed annual contributions,
as determined by the actuary, shall become the obligation of the Township
and shall be paid by the Township to the Police Pension Fund by annual
appropriations.
B.
Unless otherwise specifically provided in this article, any other moneys paid into the Police Pension fund other than Subsection A(3) above shall be applied equally against the member and the Township portions of the future service cost.
C.
If, at any time after the enactment of this article, an actuarial study shows that the condition of the Police Pension Fund of the Township is such that payments into the fund by members may be reduced below the minimum percentages as prescribed in Subsection A(1) above, or eliminated, and that if such payments are reduced or eliminated contributions by the Township will not be required to keep the fund actuarially sound, the governing body of the Township may, on an annual basis, by resolution, reduce or eliminate payments into the fund by its members.
The Police Pension Fund shall be administered
by the Supervisors of the Township of Brighton or such person or persons
as the Supervisors may designate from time to time.
[Added 4-13-2020 by Res. No. 2020-11[1]]
A.
Normal retirement. The Township of Brighton hereby
prescribes normal retirement age to be a minimum of total service
in the aggregate of 25 years in the Township of Brighton and a minimum
age of 55 years after which members of the police force of the Township
of Brighton may retire from active duty. Such members who are retired
shall be subject to service, from time to time, as a police reserve,
in case of riot, tumult or preservation of the public peace until
unfit for such service, when they may be finally discharged by reason
of age or disability.
B.
Early retirement. The Township of Brighton hereby
prescribes early retirement age to be a minimum of total service in
the aggregate of 20 years in the Township of Brighton, after which
members of the police force of the Township of Brighton may retire
and receive an early retirement benefit in an amount equal to the
actuarial equivalent of the accrued benefits as of the date the employment
terminates. The actuarial equivalent shall be a reduction in benefits
to reflect early commencement prior to normal retirement. Selection
of an early retirement benefit must be made on or before July 31,
2020. Thereafter, the early retirement benefit is not available.
C.
Vesting without normal or early retirement. Should any member of
the police force, before completing superannuation retirement age
and service requirements but after having completed 12 years of total
service, for any reason, cease to be employed as a full-time police
officer by the Township of Brighton, he shall be entitled to vest
his retirement benefits by filing with the Township of Brighton within
90 days of the date he ceases to be a full-time police officer a written
notice of his intention to vest. Upon reaching the date which would
have been his superannuation retirement date, if he had continued
to be employed as a full-time police officer, he shall be paid a partial
superannuation retirement allowance determined by applying the percentage
his years of service bears to the years of service which he would
have rendered had he continued to work until his superannuation retirement
date to the gross pension, using, however, the monthly average salary
during the appropriate thirty-six-month period prior to his termination
of employment.
[1]
Editor's Note: This resolution also repealed former §
43-14, Minimum period of service.
Any member of the police force employed by the
Township of Brighton, who has been a regularly appointed employee
of the Township of Brighton for a period of at least six months and
who thereafter shall enter into the military service of the United
States, shall have credited to his employment record for pension or
retirement benefits all of the time spent by him in such military
service, if such person returns to his employment within six months
after his separation from the service.
Payments to be made by the Police Pension Fund
herein established shall not be a charge on any other fund in the
Treasury of the Township of Brighton or under its control, save the
Police Pension Fund herein provided for. The basis for determining
any pension payable hereunder following retirement of any member of
the force meeting the service and age qualifications of this article
shall be as follows:
A.
Monthly pension or retirement benefits shall be 1/2
the monthly average salary (which for the purpose of this calculation
shall include only base salary, overtime pay and longevity pay) of
such member during the last 36 months of employment. Such pension
or retirement benefits for any month shall be computed as the sum
of any pension benefits from pension plans or association for the
members of the police force, but only to the extent that the Commonwealth
of Pennsylvania or the Township of Brighton shall have contributed
to such pension plan moneys raised by taxation, and benefits from
the Police Pension Fund established pursuant to resolution of the
Township of Brighton to the extent necessary to bring the total benefits
in any month up to 1/2 the aforesaid monthly average salary.
[Amended 6-14-2004 by Res. No. 04-14]
B.
All full-time police officers in the employ of the
Township of Brighton as of December 31, 1992, shall, following receipt
of retirement benefits, be entitled to a cost of living increase;
provided, however, that such cost of living increase shall not exceed
the percentage increase in the Consumer Price Index from the year
in which the police member last worked, and provided, further, that
in no case shall the total police pension benefits exceed 65% of the
salary for computing retirement benefits, and provided, further, that
the total cost of living increase shall not exceed 30%. No cost of
living increase shall be granted which would impair the actuarial
soundness of the pension fund.
C.
Maximum benefit.
[Added 12-11-1995]
(1)
In addition to other applicable limitations set forth
in the Police Pension Fund, and notwithstanding any other provisions
of the Police Pension Fund to the contrary, for years beginning on
or after January 1, 1994, the annual compensation of each employee
taken into account under the Police Pension Fund shall not exceed
the OBRA '93 annual compensation limit. The OBRA '93 compensation
limit is $150,000, as adjusted by the Commissioner for increases in
the cost-of-living in accordance with Section 401(a)(17)(B) of the
Internal Revenue Code. The cost-of-living adjustment in effect for
a calendar year applied to any period, not exceeding 12 months, over
which compensation is determined (determination period) beginning
in such calendar year. If a determination period consists of fewer
than 12 months, the OBRA '93 annual compensation limit will be multiplied
by a fraction, the numerator of which is the number of months in the
determination period and the denominator of which is 12.
(2)
For years beginning on or after January 1, 1994, any
reference in this Police Pension Fund to the limitation under Section
401(1)(17) of the Code shall mean the OBRA '93 annual compensation
limit set forth in this provision.
(3)
If compensation for any prior determination period
is taken into account in determining an employee's benefits accruing
in the current year, the compensation for that prior determination
period is subject to the OBRA '93 annual compensation limit in effect
for that prior determination period. For this purpose, for determination
periods beginning before the first day of the first year beginning
on or after January 1, 1994, the OBRA '93 annual compensation limit
is $150,000.
(4)
Effective January 1, 1989, no police officer's annual
benefit under the Police Pension Fund and all other defined benefit
plans sponsored by the Township of Brighton may be greater than the
maximum amount calculated under Section 415 of the Internal Revenue
Code and the provisions of Section 415(b)(2)(F) of the Internal Revenue
Code that are specifically applicable to plans maintained by governments
and tax exempt organizations.
[Amended 6-14-2004 by Res. No. 04-14]
If prior to retirement a police officer becomes
totally and permanently disabled while engaged in the performance
of his duties as a police officer so as to render him incapable of
continuing his usual and customary employment with the Township, and
such condition continues for a period of six consecutive months, and
by reason thereof such police officer's employment ceases, then such
disabled police officer shall be entitled to receive disability benefits
equal to 50% of his average monthly salary at the time of his disability,
offset by any benefits payable under the Social Security Act because
of the same injuries. Such benefits shall continue until the cessation
of the disability or the death of the police officer. Such disability
benefit payments shall be reduced by any statutory benefits that are
awarded to the disabled police officer and by any benefits that are
paid pursuant to any disability insurance and any other compensation
provided by the Township.
[Amended 6-14-2004 by Res. No. 04-14]
A.
The surviving spouse of a police officer who has met the age and service requirements for normal retirement as provided in § 43-14 of this article, and who dies while still employed by the Township as an active full-time police officer, shall receive 50% of the monthly accrued pension benefit the police officer would have received had the officer retired the day before the date of his death, until the spouse dies. Upon the death of the surviving spouse, or in the absence of a surviving spouse, a surviving child or children under the age of 18 shall collectively receive the same survivor benefits until each child attains the age of 18, except that any surviving child who is attending college at an accredited institution of higher learning and carrying a minimum course load of seven credits per semester shall be entitled to receive his or her surviving benefits until such child attains the age of 23.
B.
The surviving spouse of a police officer who has retired as a result of meeting the age and service requirements as set forth in § 43-14 of this article shall be entitled to receive monthly benefits at the rate of 50% of the retirement benefits that the deceased retired police officer was receiving at the time of his death. Upon the death of the surviving spouse, or in the absence of a surviving spouse, any surviving child or children of the deceased police officer under the age of 18 shall be entitled to collectively receive the same survivor benefits. Any survivor benefits to the child or children of a police officer shall cease upon the child attaining the age of 18 years, except that any surviving child who is attending college at an accredited institution of higher learning and carrying a minimum course load of seven credits per semester shall be entitled to receive his or her surviving benefits until such child attains the age of 23.
C.
Should a police officer of the Township of Brighton
be killed while in the service of the Township, the surviving spouse
of the police officer shall be entitled to receive monthly benefits
calculated at 100% of the officer's base salary at the time of death.
Upon the death of the surviving spouse, or in the absence of a surviving
spouse, any surviving child or children of the deceased police officer
under the age of 18 shall be entitled to collectively receive the
same survivor benefits. Any survivor benefits to the child or children
of a police officer shall cease upon the child attaining the age of
18 years, except that any surviving child who is attending college
at an accredited institution of higher learning and carrying a minimum
course load of seven credits per semester shall be entitled to receive
his or her surviving benefits until such child attains the age of
23.
[Amended 6-14-2004 by Res. No. 04-14; 6-11-2007 by Res. No.
2007-13]
A.
No person participating in the Police Pension Fund
established pursuant to this article, who becomes entitled to receive
a benefit therefrom, shall be deprived of his right to an equal proportionate
share therein upon the basis upon which he first became entitled thereto.
B.
Any member of the police force of the Township of
Brighton, who for any reason whatsoever shall be ineligible to receive
a pension after having contributed any charges to the Police Pension
Fund, shall be entitled to a refund of all moneys paid by him into
such fund, plus interest at the annual rate of 6%, immediately upon
discontinuance of his employment with the police force.
C.
Should any member of the police force of the Township of Brighton die prior to becoming eligible to receive a pension after having contributed any charges to the Police Pension Fund, such monies shall be paid to his designated beneficiary, and in the absence of a designated beneficiary, then first to his surviving spouse, if any, secondly, to his children, if any, and if none, then to his estate. To any refund payable to a spouse or child under this Subsection C hereof shall be added interest at the annual rate of 6% or other increases in value of the member’s investment in the Pension Fund.
The pension payments herein provided for shall
not be subject to attachment, execution, levy, garnishment or other
legal process and shall be payable only to the member or his designated
beneficiary and shall not be subject to assignment or transfer.
Effective January 1, 1985, the expense of administering
the Police Pension Fund, including actuarial and custodian fees, shall
be paid from the assets of the Police Pension Fund to the extent that
such expenses are directly associated with the pension plan, subject
to the condition that any such expenses must be monitored by the Board
of Supervisors of Brighton Township or the plan administrator to determine
that such expenses are necessary and proper.
The proper officers of the Township of Brighton
are hereby authorized and empowered to execute and deliver on behalf
of the Township all documents as shall be necessary and proper to
effectuate and implement the Police Pension Fund hereby established.
