[Adopted 12-16-1957 by Ord. No. 1047]
[1]
Editor's Note: Pursuant to the Municipal Pension
Plan Funding Standard and Recovery Act (Act 205 of 1984), which requires
that pension reports be prepared under the supervision and direction
of the Chief Administrative Officer of a municipality, the Board of
Commissioners adopted Res. No. 1461-2003 on 8-11-2003 appointing the
Township Manager as the Chief Administrator Officer of the Police
Pension Plan.
A Municipal Police Pension Plan be and the same
is hereby established for Haverford Township, pursuant to Act No.
600, approved May 29, 1956, as amended by Act No. 358, approved July
10, 1957,[1] to be maintained by:
A.
A charge against each member of the police force.
B.
Annual appropriations by the Township, if required.
[Amended 1-29-1990 by Ord. No. 2070]
C.
Payments made by the State Treasurer to the Township
from moneys received from taxes paid upon premiums by foreign casualty
insurance companies for the purpose of pension retirement for policemen.
[Amended 2-10-2020 by Ord. No. 2890]
D.
Gifts, grants, devises or bequests granted to this
Police Pension Plan.
[1]
Editor's Note: See 53 P.S. § 767.
This article shall be known and may be cited
as the "Haverford Township Police Pension Plan Ordinance of 1957."
The Municipal Police Pension Plan established by this article
shall be managed and administered by the Board of Commissioners, which
shall provide pensions, as herein provided, through an administrator
of its choosing and by authorizing the investment of funds with designated
brokerage firms and/or investment money managers by resolution of
said Board of Commissioners.
[1]
Editor's Note: Pursuant to Res. No. 380, adopted
12-19-1977, the annuity contract with the Travelers Insurance Company
was replaced by an investment-only group plan contract with the Travelers
Insurance Company. In addition, pursuant to the 1975 Employment Contract
with the Police Department, certain death and disability benefits
through a contract with the Continental Assurance Company were canceled.
All full-time future officers of the police
force of Haverford Township on the effective date of this article
shall be members of the pension plan from the effective date of this
article. All full-time police officers employed after the effective
date of this article shall be and must become members of the pension
plan on the date of employment.
A.
Retirement option.
[Amended 10-9-1967 by Ord. No. 1321; 12-9-1968 by Ord. No.
1350; 3-8-1971 by Ord. No. 1417; 1-11-1982 by Ord. No. 1828; 5-14-1984 by Ord. No. 1896; 1-29-1990 by Ord. No. 2070]
(1)
Any police officer who has at least 25 years of service
with the Police Department of the Township of Haverford and who has
also attained the age of 50 years shall have the option to retire
on pension. Police offices hired after August 1, 2014 will be eligible
for superannuation retirement benefits after having attained 25 years
of credited serviced and attained the age of 53.
[Amended 7-25-2014 by Ord. No. 2724]
(2)
Monthly pension benefits will be equal to 50% of the average monthly
compensation for said member during his last 36 months of employment.
"Compensation," for pension purposes, is defined as the total amount
paid to any police officer which is reportable on the W-2 form filed
for the officer. Compensation shall also include amounts paid directly
by the employer or through a program to which the employer has made
contributions on behalf of the employee, other than under this plan
(including, without limitation, a workers' compensation program or
payments made under the Pennsylvania Heart and Lung Act). For officers
hired on or after January 1, 2016, any lump sum payment received by
the officer upon termination of employment will be excluded from the
compensation definition for pension purposes. In addition, police
officers who work beyond 25 years shall have their pension increased
by $20 per month for each year of service beyond 25 up to a maximum
of $100 per month for a police officer who completes 30 years of service.
[Amended 10-17-2016 by Ord. No. 2795; 2-10-2020 by Ord. No. 2890]
(3)
Police officers will contribute to the Police Pension
Fund based upon total compensation, which includes base pay, longevity,
night differential, overtime, court pay and other remuneration.
(4)
Death and disability benefits shall be provided according
to contract provisions unless otherwise found to be illegal or improper.
(5)
Members shall pay into the Police Pension Plan at a rate of 5% of their total compensation. Total compensation for this purpose shall be as defined in § 30-12A(3). The Board of Commissioners may, on an annual basis, by ordinance or resolution, reduce or eliminate payments into the Police Pension Plan by members. Individual records of contributions by members shall be maintained, including all interest credited to his/her individual account.
[Amended 9-9-2003 by Ord. No. 2402]
(6)
Any police officer who leaves the employment of Haverford
Township and who is ineligible to receive any pension benefits shall
have his contributions to the Police Pension Fund returned to him
with interest at the rate of 4 1/2% compounded annually.
B.
[1]Early retirement.
[Added 7-12-1993 by Ord. No. 2178; amended 3-13-2000 by Ord. No.
2331]
(1)
Eligibility requirements. A member will be eligible
for early retirement benefits, provided that he retires from the Township
Police Department and has completed at least 20 years of service with
the Department, except that such service requirement shall be reduced
to 15 years if the member was hired on or before January 1, 2000,
and is at least age 50 at retirement.
(2)
Benefit commencement date. Monthly benefits as described in Subsection B(3) shall commence on the first day of the month coincident with or next following the member's date of retirement.
(3)
Amount of benefits. The amount of monthly benefit
payable to the member shall be equal to the actuarial equivalent of
a partial normal retirement benefit and shall be calculated as (a)
x (b) x (d) + (c) x (d), where (a), (b), (c) and (d) are as follows:
(a)
Fifty percent of the member's final thirty-six-month
average salary at retirement.
(b)
A fraction, the numerator of which is the member's
years of service at early retirement and the denominator of which
is the projected years of service the member would have based on continued
service to his normal retirement date (i.e., the date on which he
would have attained age 50 and completed 25 years of service).
(c)
An additional benefit of $20 per month for each
full year of service over 25 years, to a maximum additional benefit
of $100 per month.
(d)
An early retirement actuarial equivalent factor,
where such factor shall reflect the fact that the partial normal retirement
benefit [determined as (a) x (b) + (c) above] is to commence immediately
rather than on the member's projected normal retirement date and shall
be calculated using the interest and life expectancy assumptions reported
in the last actuarial valuation report filed by the Township with
the Public Employee Retirement Commission, pursuant to Act 205 of
1984 (as amended) of the Commonwealth of Pennsylvania.[2]
[2]
Editor's Note: See 53 P.S. § 895.101
et seq.
[1]
Editor's Note: Former Subsection B, which
established conditions under which police officers may retire on 1-1-1958,
was repealed 1-29-1990 by Ord. No. 2070.
C.
A police officer shall not be entitled to an honorable
discharge if his services as a police officer of the Township have
been terminated or he has been discharged as a police officer for
any of the reasons provided for termination of employment or discharge
under the civil service laws of the commonwealth relating to policemen,
except where his employment has been terminated or he has been discharged
for physical or mental disability affecting his ability to continue
in service for which he shall be entitled to an honorable discharge,
and with the further exception that his termination of services or
discharge shall not be because of a reduction in the number of police
officers for reasons of economy or other valid reasons that are deemed
necessary by the Board of Commissioners.
D.
Such members as are retired shall be subject to service
from time to time as a police reserve in cases of riot, tumult or
preservation of the public peace until unfitted for such service when
they may be finally discharged by reason of age or disability.
E.
[3]Survivor benefits.
[Added 1-10-1994 by Ord. No. 2196; amended 9-9-2003 by Ord. No.
2402]
(1)
If a member of the Police Pension Plan dies survived by a spouse
or dependent children, after having become eligible to receive a pension
benefit (i.e., he/she was eligible because he/she was already receiving
a pension or he/she met the age and service requirements, but he/she
had not yet retired), then a monthly pension benefit shall be provided.
As to officers who retire or were eligible to retire as of January
1, 2013, the survivor benefit shall, for the balance of eight years
following the retirement of the officer, or for the eight-year period
following the death of an officer eligible to retire but not yet retired,
be paid in an amount equal to the pension benefit that was being received
by the officer (or the benefit the retirement-eligible officer was
entitled to receive). At the expiration of the eight-year period,
the survivor(s) shall receive a pension benefit equal to 50% of the
pension benefit payable to the officer.
[Amended 2-10-2020 by Ord. No. 2890]
(2)
The amount of the monthly pension benefit shall be
50% of the pension the member was receiving or would have been entitled
to receive if he had been retired at the time of his/her death.
(3)
In the event a member dies after completing 12 or more years of service but was not yet eligible for normal retirement or preretirement survivor benefits, the surviving spouse shall act on behalf of the member in selecting the alternative addressed in § 30-12F. If a vested benefit is selected, the surviving spouse shall receive 50% of the member's vested monthly benefit commencing on the first day of the month following the member's normal retirement date.
(4)
In the event a member dies after completing 20 or more years of service but was not yet eligible for normal retirement or preretirement survivor benefits, the surviving spouse shall act on behalf of the member in selecting the alternative addressed in § 30-12B. If an early retirement benefit is selected, the surviving spouse shall receive 5% of the member's monthly early retirement benefit commencing on the first day of the month following the election of this benefit.
(5)
The monthly pension benefit is payable to the surviving
spouse until death, then to surviving dependent children under the
age of 18 years or, if attending college, under or attaining the age
of 23 years. "Attending college" shall mean the eligible children
are registered at an accredited institution of higher learning and
are carrying a minimum course load of seven credit hours per semester.
Dependent children shall include stepchildren, adopted children and
any child conceived before the time of the member's death and thereafter
born to the member's spouse.
[3]
Editor's Note: Former Subsection E, which
set forth provisions of the extension of active service, amended 12-9-1968
by Ord. No. 1350, was repealed 1-29-1990 by Ord. No. 2070.
F.
Vesting. Effective January 1, 1987, a police officer's
pension shall be vested after 12 years of service.
[Added 10-10-1995 by Ord. No. 2231]
G.
Cost-of-living adjustments. On each January 1 following
his date of retirement, a member who retired after January 1, 2000,
shall have his pension increased by 100% of percentage increase in
the Consumer Price Index as published by the United States Department
of Labor for the Philadelphia Wilmington, Atlantic City region (or
its successor region) for the twelve-month period ending with August
of the preceding year, subject to the following qualifications:
[Added 3-13-2000 by Ord. No. 2331]
(1)
The increase due the first January 1 following the
member's retirement shall be equal to 100% of percentage increase
in the Consumer Price Index, determined as described above, multiplied
by that fraction of the preceding year during which the member was
retired.
[Amended 1-29-1990 by Ord. No. 2070]
Any member of the police force, as a policeman
of this Township, who has been in regular service on said police force
as a policeman for a period of at least six months and who thereafter
shall enter into or has heretofore entered 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 he returns or has heretofore returned to
his employment within six months after his separation from military
service, and provided that the members pay to the fund the moneys
the member would have paid had employment been continuous with the
Township. An actuary study shall be made to determine costs to be
paid.
[1]
Editor's Note: Former § 30-14, Basis
for determining pension benefits, amended 6-30-1986 by Ord. No. 1960,
was repealed 1-29-1990 by Ord. No. 2070.
[Amended 12-29-1958 by Ord. No. 1085[1]]
A.
Service-connected disability. If a member of the Police
Pension Plan is permanently disabled from performing police work for
the Township of Haverford as the result of a service-connected disability,
the officer shall receive an annual pension equal to 70% of the base
pay and longevity over the 12 months preceding the officer's disability
retirement as a disability pension offset by any social security disability
benefits received by the member for the same injury. This benefit
shall continue until his/her death.
[Amended 1-29-1990 by Ord. No. 2070; 11-12-1996 by Ord. No.
2256; 9-9-2003 by Ord. No. 2402]
B.
Non-service-connected disability. For officers hired
before January 1, 2016, the Township agrees to fund the non-service-connected
disability pension which provides that any officer, regardless of
years of service, shall be entitled to receive an annual pension equal
to 50% of the base salary and longevity over the 12 months preceding
the officer's disability retirement with no offset for social security
and no offset for workers' compensation; but in no event shall a combination
of monies the officer receives annually from the non-service-connected
disability pension and workers' compensation exceed 100% of the base
pay paid to the officer over the 12 months preceding the officer's
disability retirement. An officer shall not be eligible for this pension
if the disability was intentionally self-inflicted or resulted from
the use of illegal drugs.
[Amended 1-29-1990 by Ord. No. 2070; 11-12-1996 by Ord. No.
2256; 10-17-2016 by Ord. No. 2795]
C.
Pre-retirement survivor benefit. In the event a member
is killed in service, the member's family shall receive the benefits
provided for and subject to the terms of Act 51 of 2009, which benefits
are paid exclusively by the Commonwealth of Pennsylvania with the
exception of any pension benefit to which the member was entitled
prior to the member's death, solely by virtue of the member's service
as a Township police officer (i.e., either a normal, early, or vested
pension benefit). It is understood that family shall refer to the
surviving spouse and dependent children. The benefit is payable to
the surviving spouse until death, then to the surviving dependent
children under the age of 18 years, or if attending college, under
or attaining the age of 23 years.
[Amended 7-25-2014 by Ord. No. 2724]
D.
Lump-sum death benefits. Pursuant to the 2021 collective
bargaining agreement, upon the death of a member of the police force
of this Township, if death occurs before his/her retirement, there
shall be payable to his/her designated beneficiary or, in the absence
of a designated beneficiary, to his/her estate, the sum of $75,000.[2]
[Amended 1-13-1969 by Ord. No. 1355; 12-8-1969 by Ord. No.
1375; 1-29-1990 by Ord. No. 2070; 5-9-2022 by Ord. No. 2953-2022]
[2]
Editor's Note: Former Subsection E, which
provided additional benefits and immediately followed this subsection,
was repealed 1-29-1990 by Ord. No. 2070.
[1]
Editor's Note: Section 3 of Ord. No. 1085
provided as follows:
"Section 3. This ordinance shall be effective
January 1st 1959, or at the time when all of the assets of the existing
private organization known as the Haverford Township Police Pension
Fund, as listed and described in report of Scovell, Wellington and
Company, of October 31, 1958, plus income accruing thereon, less pensions
due and payable and such sums as are authorized by the Court not to
exceed $22,500, are turned over and delivered to the Haverford Township
Police Pension Fund or Plan created under Ordinance No. 1047, adopted
the 16th day of December, 1957, whichever date is later."
[Added 4-27-1981 by Ord. No. 1804[1]]
A.
Pursuant to the 2021 collective bargaining agreement,
each officer shall receive a life insurance policy in the amount of
$25,000 at retirement with a double indemnity provision, either in
the form of a group term or whole life coverage, at the discretion
of the Township.
[Amended by 5-9-2022 by Ord. No. 2953-2022]
B.
The life insurance benefit will be provided through
an insurance company, which premiums will be paid by the general fund.
[Amended by 5-9-2022 by Ord. No. 2953-2022]
C.
Pursuant to the arbitration award, the life insurance
benefit will be provided through an insurance company, which premiums
will be paid by the general fund and reimbursed to the general fund
by the Police Pension Fund.
[Amended 1-29-1990 by Ord. No. 2070]
[1]
Editor's Note: This ordinance further provided
that inasmuch as this life insurance benefit was mandated by an arbitration
award effective 1-1-1980, the effective date of this ordinance to
provide that benefit is 1-1-1980.
[Amended 1-29-1990 by Ord. No. 2070; 2-10-2020 by Ord. No. 2890]
The Township will designate an actuary to perform a biennial
actuarial valuation. Such valuation shall be performed according to
regulations provided by Pennsylvania Municipal Act 205 of 1984.
Unless otherwise provided for, members of the
police force shall pay into the plan monthly an amount determined
annually by the Board of Commissioners of the Township, not less than
5% nor more than 8% of monthly compensation. The Township Secretary
is hereby authorized to establish a system of payroll deductions necessary
to provide for the contribution to be made hereunder by the members
of the police force. Unless otherwise provided for, the remainder
of the needed annual contribution, as determined by the actuary, shall
be paid by the Township contributing by annual appropriations.
[Amended 6-30-1986 by Ord. No. 1960; 2-10-2020 by Ord. No. 2890]
The payments made by the State Treasurer to the Township from
the moneys received from taxes paid upon premiums by foreign casualty
insurance companies for purposes of pension retirement or disability
benefits for policemen shall be applied as follows:
A.
To apply against the annual obligation of the Township's annual minimum
municipal obligation; or
B.
After such annual obligation has been funded, to apply against any
additional unfunded liability; or
C.
To the extent that the payment may be in excess of such obligations,
to reduce the contributions of police officers.
Any other moneys paid into the Police Pension
Plan shall be applied to the Township portions of the future service
cost.
No person participating in the Police Pension
Plan established pursuant to the provisions of 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.
[Amended 1-29-1990 by Ord. No. 2070]
Any police officer, a member of the police force
of the Township, who, for any reason whatsoever, shall be ineligible
to receive a pension after having contributed any charges to the Police
Pension Plan established pursuant to the provisions of this article
shall be entitled to a refund of all such moneys paid by him into
such plan immediately upon discontinuance of his employment with the
police force with interest at 4 1/2%, compounded annually, on
each contribution from the end of the year of payment to the first
of the month in which discontinuance of his employment with the police
force occurs. If such discontinuance is due to death, such refund,
with interest as aforesaid, shall be paid to his designated beneficiary
or, in the absence of such designated beneficiary, to his estate.
The pensions 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 or to his estate and shall not be subject to assignment
or transfer.
[Amended 1-29-1990 by Ord. No. 2070]
The Township of Haverford hereby authorizes
the Police Pension Fund of the Township to reimburse the Township
general fund for all administrative charges involved in administering
the Police Pension Fund since the inception of the authority of the
Township to recover such funds under the Home Rule Charter, effective
January 1, 1977.
Payments made under the provisions of this article
shall not be a charge on any other fund in the treasury of the Township
or under its control, save the Police Pension Plan herein provided
for.
[1]
Editor's Note: Former § 30-26, Pension
payments prohibited prior to certain dates, was repealed 1-29-1990
by Ord. No. 2070.
[Added 12-29-58 by Ord. No. 1085]
The Haverford Township Police Pension Plan created
by Ordinance No. 1047, enacted and approved the 16th day of December
1957, does accept from the existing private Police Pension Fund all
of its assets having a face amount of $271,734.97, as listed and defined
on report of Scovell, Wellington and Company, dated October 31, 1958,
which is incorporated herein and made a part hereof by reference.
[Added 12-29-1958 by Ord. No. 1085]
The Haverford Township Police Pension Plan does
hereby assume the liability of continuing the payment of pensions
to members of the police force retired prior to the date hereof in
accordance with the laws and regulations of the existing Police Pension
Fund organization under which said members were retired and a pension
awarded to a widow of a policeman.[1]
[1]
Editor's Note: Immediately following this
section was a listing containing the pensions to be continued to members
of the police force who retired prior to the date hereof. A copy of
such listing is on file and may be obtained from the Township Secretary.
[Added 7-25-2014 by Ord. No. 2724]
A.
Title. This section shall be known as the "Haverford Police Act 44
Retirement Program."
B.
ACT 44 PROGRAM
ACT 44 PROGRAM ACCOUNT
FUND or PLAN
PARTICIPANT
POLICE OFFICERS
TOWNSHIP
Definitions. When used in this section, the below words shall have
the meaning indicated.
The Act 44 Deferred Retirement Option Program referred to
in the Collective Bargaining Agreement between the Fraternal Order
of Police Delaware County Lodge No. 27 and the Township of Haverford.
Separate ledger account created to accept Act 44 Program
participants' monthly pension benefit while an Act 44 Program participant,
as well as any interest thereon.
The Police Pension Plan.
A police officer who meets the eligibility for and has executed
the proper documents for participation in Act 44 Program and has had
such application approved by the Township.
Police officers of the Police Department.
Township of Haverford, Delaware County, Pennsylvania.
C.
Eligibility. Eligibility for the Act 44 Program shall be determined
as follows:
(1)
Police officers who have not retired prior to the implementation
of the Act 44 Program may enter into the Act 44 Program following
completion of 25 years of credited service and attaining the age of
53 for police officers hired after 8-1-2014, and following the completion
of 25 years of credited service and attaining the age of 52, for police
officers hired before 8-1-2014.
[Amended 1-11-2021 by Ord. No. 2921-2021]
D.
Written election. Eligible officers who wish to be participants in
the Act 44 Program must signify that intention in writing as follows:
(1)
A police officer electing to participate in the Act 44 Program
must complete and execute an Act 44 Program participation election
form prepared by the Township, which shall evidence the member's election
to participate in the Act 44 Program. The form must be signed by the
police officer and be notarized and submitted prior to the date on
which the member wishes Act 44 Program participation to commence.
The Act 44 Program participation election form shall include an irrevocable
notice to the Township, by the police officer member, that the police
officer shall resign from employment with the Police Department effective
on a specific date (the "resignation date") that is no later than
60 months from the effective date of Act 44 Program Election Form.
A police officer shall cease to work as and may no longer be employed
as a police officer on the officer's resignation date, unless the
Township properly terminates or honorably discharges the officer prior
to the resignation date. A participant may resign from employment
while in the Act 44 Program status, which shall terminate his/her
participation in the Act 44 Program.
[Amended 1-11-2021 by Ord. No. 2921-2021]
(2)
In addition to the above information, the Act 44 Program participation
election form shall also advise the employee of the following: an
explanation of the participant's rights and obligations while in the
Act 44 Program; that, as a condition of Act 44 Program participation,
the participant foregoes active participation in the Police Pension
Plan and foregoes any recalculation of pension benefits to include
salary increases occurring after Act 44 Program participation commences;
and that the Act 44 Program participant's service while in the Act
44 Program will not count as pension service nor will it entitle a
participant to any service increment benefits to which the participant
was not entitled prior to commencing Act 44 Program participation.
An Act 44 Program participant must also complete any and all retirement
documents required by the Police Pension Plan Administrator, and such
documents must be filed and presented to the Township for approval
of retirement and payment of pension. Once an Act 44 Program participation
election form has been approved by the Township, it is irrevocable.
Likewise, once an Act 44 Program participant enters the Act 44 Program,
the participant may not subsequently leave and then re-enter the Act
44 Program, even if the employee separates from employment and subsequently
begins employment with the Township again.
E.
Benefit calculation. For all pension plan purposes, continuous service
of a police officer participating in the Act 44 Program shall remain
as it existed on the effective date of commencement of participation
in the Act 44 Program. Service thereafter shall not be recognized
or used for the calculation or determination of any benefits payable
by the Township Police Pension Plan. The average monthly compensation
of the police officer for pension calculation purposes shall remain,
as it existed on the effective date of commencement of participation
in the Act 44 Program. For officers hired prior to 1-1-2016, the balance
of any accumulated time available to the ACT 44 participant will be
paid in full in the Act 44 participant's final paycheck issued prior
to entering the Act 44 Program. Thereafter, during the time in which
the ACT 44 participant remains employed with the Township, if the
Act 44 participant accumulates additional leave time, the balance
of any additional accumulated leave time shall be paid in full in
the ACT 44 participant's final paycheck issued prior to resignation.
In no event shall the ACT 44 participant's leave time accumulated
during the course of their Act 44 Program be used to recalculate any
pension benefit at the time of the ACT 44 participant's resignation.
Earnings or increases in earnings thereafter shall not be recognized
or used for the calculation or determination of any benefits payable
by the pension plan. The pension benefit payable to the members shall
increase only as a result of cost of living adjustments in effect
on the effective date of the member's participation in the Act 44
Program or by applicable cost of living adjustments granted thereafter.
[Amended 1-11-2021 by Ord. No. 2921-2021]
F.
Accumulation of the Act 44 Program Account. The monthly retirement
benefits that would have been payable had the police officer elected
to cease employment and receive a normal retirement benefit shall,
upon the police officer commencing participation in the Act 44 Program,
accumulate to the benefit of that Officer and be accounted for on
that Police Officer's Act 44 Program account. Participants shall not
have the option of self-directed investment of their individual Act
44 Program account while in the Act 44 Program. Instead, the monies
shall be invested in a fund to be identified and selected solely by
the Township in accordance with applicable law so as to generate a
rate of return of no less than 0% and no more than 4.5%.
G.
Accrual of nonpension benefits. After a police officer elects to
participate in the Act 44 Program, all other contractual benefits
shall continue to accrue with the exception of those provisions relating
to the Police Pension Plan.
H.
Payout. Upon separation from employment, the Act 44 Program payout
options available to the Act 44 Program participant shall be as follows:
(1)
The balance of the Act 44 Program participant's account, less
withholding taxes, if any, remitted to the Internal Revenue Service,
shall be paid to the participant or the participant's surviving beneficiary.
(2)
The balance of the Act 44 Program participant's account shall
be paid directly to the custodian of an eligible retirement plan as
defined by Internal Revenue Code Section 402(c)(8)(b), or in the case
of an eligible rollover distribution to the surviving spouse of a
deceased Act 44 Program participant, an eligible retirement plan that
is an individual retirement account or an individual retirement annuity
as defined by Internal Revenue Code Section 402(c)(9).
I.
Service-connected disability during Act 44 Program. If an Act 44
Program participant becomes temporarily incapacitated due to a service-connected
injury during his participation in Act 44 Program, that police officer
shall continue to participate in the Act 44 Program as if fully employed.
The police officer shall receive disability pay in the same amount
as disabled police officers that are not participating in the Act
44 Program. In no event shall a police officer on temporary disability
have the ability to draw from his Act 44 Program account. However,
notwithstanding any other provision in this subsection, if a police
officer is disabled and has not returned to work as of the date of
his required resignation, then such resignation shall take precedence
over all other provisions herein and said officer shall be required
to resign. Nothing contained in this plan shall be construed as conferring
any legal rights upon any police officer or other person to a continuation
of employment nor shall participation in the Act 44 Program supersede
or limit in any way the right of the Township to honorably discharge
a police officer based upon an inability to perform his or her full
duties as a police officer. If an Act 44 Program participant becomes
eligible for a service-connected disability pension and his employment
is terminated due to an inability to continue in service on grounds
that render him eligible for a service-connected disability pension,
the monthly normal retirement benefit of the Act 44 Program participant
shall be reclassified as being on account of a service-connected disability.
In no event shall an ACT 44 participant's monthly retirement benefit
be recalculated. The ACT 44 participant's monthly retirement benefit
shall remain 50% as calculated at the time of entry into the Act 44
Program.
J.
Death. If an Act 44 Program participant dies, the participant's eligibility
for Act 44 Program shall terminate upon the date of death. In such
case, if the Act 44 Program account balances have not yet been paid
out, the participant's legal beneficiary shall have the same rights
and options as the participant to withdraw/roll over the account balance.
K.
Forfeiture of benefits. Notwithstanding a police officer's status
as an Act 44 Program participant, a current or former participant
who is convicted or pleads guilty to engaging in criminal misconduct
which constitutes a "crime related to public office or public employment,"
as that phrase is defined in Pennsylvania's Pension Forfeiture Act,
43 P.S. §§ 1311-1314, shall forfeit his right to receive
a pension, including any amounts currently deposited in the Act 44
Program account. In such a case, the participant shall only be entitled
to receive the contributions, if any, made by the participant to the
Police Pension Fund, without interest.
L.
Cost of management for Act 44 Program. The police officers and the
Township agree that any costs or fees associated with the management
of the Act 44 Program accounts shall be paid directly from the Pension
Fund and not by the Township.
M.
Amendment. Any amendments to this Act 44 Program section shall be
consistent with the provisions covering individual retirement option
plans set forth in any applicable collective bargaining agreement
and shall be binding upon all future Act 44 Program participants and
upon all Act 44 Program participants who have balances in their individual
retirement option accounts. The Act 44 Program may only be amended
by a written instrument, not by any oral agreement or past practice.
N.
Construal of provisions. A police officer's election to participate
in the Act 44 Program shall in no way be construed as a limitation
on the Township's right to suspend or to terminate a police officer
for just cause or to grant the police officer an honorable discharge
based upon a physical or mental inability to perform his or her duties.
O.
Severability. The provisions of the Act 44 Program shall be severable,
and if any of its provisions shall be held to be unconstitutional
or illegal, the validity of any of the remaining provisions of the
Act 44 Program shall not be affected thereby. It is hereby expressly
declared as the intent of the Township that the Act 44 Program would
have been adopted had such unconstitutional or illegal provision or
provisions not been included herein.
P.
Effective date. The effective date of the Act 44 Program shall be
August 1, 2014.
