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Township of South Fayette, PA
Allegheny County
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Table of Contents
Table of Contents
The following words and phrases as used in this plan shall have the meaning set forth in this article, unless a different meaning is otherwise clearly required by the context:
ACCOUNT OR ACCRUED BENEFIT
The fair market value of a participant's individual account as determined on each valuation date. Adjustments to the account which will be recognized for any purpose hereunder between each valuation date shall only include distributions from the account and employee contributions under § 60-78. All other adjustments shall only be recognized as of a valuation date.
ACT
The Municipal Pension Plan Funding Standard and Recovery Act (enacted as Act 205 of 1984), as amended, 53 P.S. § 895.101 et seq.
AUTHORIZED LEAVE OF ABSENCE
Any leave of absence granted in writing by the employer for reasons including, but not limited to, accident, sickness, pregnancy or temporary disability, education, training, jury duty or such other reasons as may necessitate authorized leave from active employment. "Authorized leave of absence" shall include any period of absence from employment for the purpose of serving in the Armed Forces of the United States of America, provided the employee returns to employment at the time and under the circumstances which provide reemployment rights pursuant to federal or state law.
BENEFICIARY
The person or entity designated by the participant to receive such benefits as may be due hereunder upon the death of the participant. In the event that a participant does not designate a beneficiary or the beneficiary does not survive the participant, the beneficiary shall be the surviving spouse, or if there is no surviving spouse, the issue, per stirpes, or if there is no surviving issue, the estate; but if no personal representative has been appointed, to those persons who would be entitled to the estate under the intestacy laws of the commonwealth if the participant had died intestate and a resident of the commonwealth.
BOARD
The Board of Commissioners for the Township of South Fayette.
CHIEF ADMINISTRATIVE OFFICER
The person designated by the employer who has the primary responsibility for the execution of the administrative affairs for the plan.
CODE
The Internal Revenue Code of 1986, as amended.
COMMONWEALTH
The Commonwealth of Pennsylvania.
COMPENSATION
The base remuneration, whether salary or hourly wages, paid to an employee by the employer for services rendered in employment. Compensation shall exclude all extra or additional forms of remuneration, including but not limited to bonuses, overtime pay, commissions, or expense reimbursements. Compensation shall be limited on an annual basis for purposes of this plan to the amount specified pursuant to Code § 401(a)(17), as adjusted under Code § 415(d).
CONTINUOUS EMPLOYMENT
A. 
An employee's period or periods of uninterrupted employment with the employer. For purposes of this section, employment shall not be deemed interrupted by any periods of authorized leave of absence. In the event an employee does not return to employment at the conclusion of an authorized leave of absence, the employee shall be deemed to have terminated employment as of the last day on which the employee rendered active service for the employer.
B. 
Continuous employment shall also include any period of qualified military service as determined under the requirements of Chapter 43 of Title 38, United States Code, provided that the participant returns to employment following such period of qualified military service, and the participant makes payment to the plan in an amount equal to the participant contributions that would otherwise have been paid to the plan during such period of qualified military service. The amount of participant contributions shall be based upon an estimate of the compensation that would have been paid to the participant during such period of qualified military service as determined by the average compensation paid to the participant during the 12 months immediately preceding the period of qualified military service. The amount of participant contributions so calculated must be paid into the plan before the end of the period that begins on the date of re-employment and ends on the earlier of the date that ends the period that has a duration of three times the period of qualified military service, or the date that is five years after the date of re-employment.
CONTRACT OR POLICY
A retirement annuity or retirement income endowment policy (or a combination of both), or any other form of insurance contract or policy which shall be deemed appropriate in accordance with the provisions of the Act.
EARLY RETIREMENT AGE
The later of the date that an employee attains age 60 or completes 25 years of service.
EFFECTIVE DATE
The date upon which the provisions of this plan were first effective, that is, June 3, 1970.
EMPLOYEE
Any person who is regularly employed as a full-time employee by the employer other than police or members of a collective bargaining unit whose retirement benefits are the subject of negotiation with the employer unless a negotiated collective bargaining agreement provides for coverage under this plan.
EMPLOYER
The Township of South Fayette, Allegheny County, Pennsylvania.
EMPLOYMENT
Any period of time during which an employee renders services for the employer for which the employee is entitled to receive compensation. Employment shall not include any period of time during which an individual performs services as an independent contractor paid on a contractual or fee basis.
ENTRY DATE
An employee’s first scheduled workday immediately following the employee’s completion of the eligibility requirements in Article XIV.
[Amended 1-13-2016 by Ord. No. 1-2016]
HOUR OF SERVICE
Each hour for which an employee is entitled to compensation for employment. Hours of service may be imputed and calculated in a manner consistent with the requirements of Department of Labor regulations found at § 2530.200(b).
INSURER OR INSURANCE COMPANY
Any legal reserve life insurance company licensed to do business in one or more states of the United States.
NORMAL RETIREMENT AGE
The later of the date that an employee attains age 65.
PARTICIPANT
Any employee who has commenced participation in this plan in accordance with Article XIV, and has not for any reason ceased to participate hereunder.
PENSION FUND
The fund administered under the terms of this plan, which shall include all assets, including but not necessarily limited to money, property, investments, policies and contracts standing in the name of the plan.
PLAN
The Township of South Fayette Non-Union Employees' Pension Plan set forth herein.
PLAN ADMINISTRATOR OR ADMINISTRATOR
The employer or any individual or committee to whom the employer delegates such function.
PLAN YEAR
The twelve-month period beginning on January 1 and ending on December 31.
RESTATEMENT DATE
January 1, 2001, the date on which the provisions of this restated plan are effective.
RETIREMENT DATE
The first day of the month coincident with or next following the date when an employee terminates employment and is eligible for payment of a benefit hereunder pursuant to Article XIX.
TOTAL AND PERMANENT DISABILITY
A. 
A condition of physical or mental impairment due to which a participant is unable to perform any customary duties of employment, which continues for a period of at least six months, which shall be expected to be permanent and continuous for the remainder of the life of the participant, and due to which the participant shall be eligible to receive Social Security disability benefits.
B. 
Notwithstanding any other provisions of the plan to the contrary, a participant shall not be deemed to incur a total and permanent disability under the plan if the condition of physical or mental impairment results from alcoholism or addiction to narcotics, participation in a felonious criminal enterprise, an intentionally self-inflicted injury, or service as a member of the armed services of any country. The Plan Administrator shall make all relevant determinations under this paragraph based upon the facts and circumstances relevant to each such determination.
VALUATION DATE
The last day of the plan year.
YEAR OF SERVICE
Each completed twelve-month period of continuous employment with the employer. Each period of continuous employment shall be aggregated with all other periods of continuous employment and calculated as whole years and fractions thereof rounded to the nearest completed month.