The plan administrator shall be the Committee
or the individual appointed by the Council who shall have the power
and authority to do all acts and to execute, acknowledge and deliver
all instruments necessary to implement and effectuate the purpose
of this plan. The plan administrator may delegate authority to act
on its behalf to any persons it deems appropriate. If a plan administrator
is not appointed, the Council shall be the plan administrator.
The Council may appoint a Police Pension Committee
to administer the affairs of the plan. The Council shall delegate
such authority as it shall deem appropriate to the Committee. The
Committee, if one is appointed, shall consist of not more than five
members, one of which, shall be a representative of the Crafton Police
Association. Each member of the Committee shall serve in that capacity
until death, resignation, removal or otherwise. Each member may resign
by delivering written notice to the Council and other members of the
Committee. Vacancies on the Committee shall be filled in the same
manner as the position was originally filled by the Board; provided,
however, that the remaining members of the Committee shall have full
power to act pending the filling of such vacancies.
The Committee may organize itself in any manner
deemed appropriate to effectuate its purposes hereunder provided that
it shall operate and act by a majority of its members at the time
in office either by vote at a meeting or in writing without a meeting.
The Committee shall appoint a Chairman, a Secretary who may, but need
not, be a Committee member, and such other agents as it may deem advisable.
The Committee may authorize any one or more of its members to execute
any document or documents including any application, request, certificate,
notice, consent, waiver or direction and shall notify the Board, in
writing, of each such member so authorized; however, if no such member
is so authorized, the Chairman shall be deemed to be so authorized.
Any trustee or other fiduciary appointed hereunder shall accept and
be fully protected in relying upon any document executed by the designated
members (or the Chairman in the absence of a designation) as representing
a valid action by the Committee until the Committee shall file with
such fiduciary a written revocation of such designation. The Committee
shall meet at least one time in each plan year, and it shall maintain
and keep such records as are necessary for the efficient operation
of the plan or as may be required by any applicable law, regulation
or ruling, and shall provide for the preparation and filing of such
forms, reports or documents as may be required to be filed with any
governmental agency or department and with the participants or other
persons entitled to benefits under the plan.
The plan administrator shall serve without compensation
for services unless otherwise agreed by the Council in writing. All
reasonable expenses incident to the functioning of the plan administrator,
including, but not limited to, fees of accountants, counsel, actuaries
and other specialists, and other costs of administering the plan,
may be paid from the pension fund upon approval by the Council to
the extent permitted under applicable law and not otherwise paid by
the employer.
No member of the Board, the plan administrator,
the enrolled actuary, nor any other person involved in the administration
of the plan shall be liable to any person on account of any act or
failure to act which is taken or omitted to be taken in good faith
in performing their respective duties under the terms of this plan.
To the extent permitted by law, the employer shall, and hereby does
agree to, indemnify and hold harmless the plan administrator and each
successor and each of any such individual’s heirs, executors
and administrators, and the delegates and appointees (other than any
person, bank, firm or corporation which is independent of the employer
and which renders services to the plan for a fee) from any and all
liability and expenses, including counsel fees, reasonably incurred
in any action, suit or proceeding to which he is or may be made a
party by reason of being or having been a member, delegate or appointee
of the plan administrator, except in matters involving criminal liability,
intentional or willful misconduct. If the employer purchases insurance
to cover claims of a nature described above, then there shall be no
right of indemnification except to the extent of any deductible amount
under the insurance coverage or to the extent of the amount the claims
exceed the insured amount.
The plan administrator shall review and approve
or deny any application for retirement benefits within 30 days following
receipt thereof or within such longer time as may be necessary under
the circumstances. Any denial of an application for retirement benefits
shall be in writing and shall specify the reason for such denial.
Any person whose application for retirement
benefits is denied, who questions the amount of benefit paid, who
believes a benefit should have commenced which did not so commence
or who has some other claim arising under the plan (“claimant”)
shall first seek a resolution of such claim under the procedure hereinafter
set forth.
A. Any claimant shall file a notice of the claim with
the plan administrator which shall fully describe the nature of the
claim. The plan administrator shall review the claim and make an initial
determination approving or denying the claim.
B. If the claim is denied in whole or in part, the plan
administrator shall, within 90 days (or such other period as may be
established by applicable law) from the time the application is received,
mail notice of such denial to the claimant. Such ninety-day period
may be extended by the plan administrator if special circumstances
so require for up to 90 additional days by the plan administrator’s
delivering notice of such extension to the claimant within the first
ninety-day period. Any notice hereunder shall be written in a manner
calculated to be understood by the claimant and, if a notice of denial,
shall set forth the specific plan provisions on which the denial is
based, an explanation of additional material or information, if any,
necessary to perfect such claim and a statement of why such material
or information is necessary, and an explanation of the review procedure.
C. Upon receipt of notice denying the claim, the claimant
shall have the right to request a full and fair review by the Council
of the initial determination. Such request for review must be made
by notice to the Council within 60 days of receipt of such notice
of denial. During such review, the claimant or a duly authorized representative
shall have the right to review any pertinent documents and to submit
any issues or comments in writing. The Council shall, within 60 days
after receipt of the notice requesting such review (or in special
circumstances, such as where the Council in its sole discretion holds
a hearing, within 120 days of receipt of such notice), submit its
decision in writing to the person or persons whose claim has been
denied. The decision shall be final, conclusive and binding on all
parties, shall be written in a manner calculated to be understood
by the claimant and shall contain specific references to the pertinent
plan provisions on which the decision is based.
D. Any notice of a claim questioning the amount of a
benefit in pay status shall be filed within 90 days following the
date of the first payment which would be adjusted if the claim is
granted unless the plan administrator allows a later filing for good
cause shown.
E. A claimant who does not submit a notice of a claim
or a notice requesting a review of a denial of a claim within the
time limitations specified above shall be deemed to have waived such
claim or right to review.
F. Nothing contained herein is intended to abridge any right of a claimant to appeal any final decision hereunder to a court of competent jurisdiction under 2 Pa.C.S.A. § 752, as amended. No decision hereunder is a final decision from which such an appeal may be taken until the entire appeal procedure of this §
33-45 of the plan has been exhausted.