Municipality of Kingston, PA Article IV Nonuniformed Municipal Employees' Pension Plan

[Adopted 3-14-1988[1]]

[1] Editor's Note: Former Article I, Municipal Employee's Retirement System, adopted 3-20-1972, was superseded by an ordinance of 3-9-1987 which removed the nonuniformed employees' pension plan from the Pennsylvania Municipal Retirement Board and placed it with the First Eastern Bank, N.A.

§ 29-8 Establishment.

The Municipality of Kingston hereby elects and ordains to establish and does hereby establish a pension and retirement plan for the full-time nonuniformed employees of the Municipality of Kingston, retroactive to January 1, 1987, as said plan is attached hereto and incorporated by reference herein in its entirety.[1]

[1] Editor's Note: The plan is included as an attachment to this chapter.

§ 29-9 Eligibility for membership.

Membership in the pension and retirement plan established by this Article shall be mandatory for all full-time nonuniformed employees of the Municipality of Kingston, except for the Municipal Administrator and Solicitor. Membership for employees hired on a temporary or seasonal basis shall be prohibited, and officers and employees paid wholly on a fee basis shall be ineligible for membership in the plan.

§ 29-10 Municipal responsibility.

The Municipality of Kingston hereby acknowledges responsibility and liability for all obligations due members of the plan pursuant to and by reason of the prior participation of the municipality in the Pennsylvania Municipal Retirement System and prior pension plan, as well as the plan agreement as attached hereto, incorporating and acknowledging such liability, which plan is incorporated by reference herein in its entirety as if fully set forth in this section.

§ 29-11 Enactment of plan.

The Municipal Administrator, Mayor and Secretary are hereby authorized and empowered to execute the plan and any and all documents and undertakings necessary to accomplish the aforestated objectives and purposes, retroactive to January 1, 1987.

§ 29-12 Construal of provisions; severability.

The plan shall be construed according to the laws of the Commonwealth of Pennsylvania, and all provisions hereof shall be administered to, and validity shall be determined under the laws of such commonwealth, except where preempted by federal law. Should any provision of the plan or any regulation adopted thereunder be deemed or held to be unlawful or invalid for any reason, such unlawfulness or invalidity shall not adversely affect the other provisions or regulations unless such invalidity or unlawfulness shall render impossible or impractical the functioning of the plan, and in such case, the parties shall forthwith adopt a new plan or regulations in accordance with law.

§ 29-13 Board of Trustees.

[Added 4-18-1990 by Ord. No. 1990-8]

A. The Municipality of Kingston hereby elects and ordains to establish and does hereby establish a Board of Trustees for the administration of the Nonuniformed Employees' Pension Plan, all in conformance with an ordinance of the Municipality of Kingston, dated March 14, 1988.

B. Composition. The Board of Trustees shall consist of 10 members: three Public Works Department employees; two Administration Department employees; one Recreation Department employee; two members of Town Council, more specifically the Chairman and Vice Chairman of Town Council or their duly appointed representative(s); and the Municipal Administrator, who shall serve as the Plan Administrator and Secretary to the Board. In addition, he shall be deemed to be a nonvoting member. All other members herein named shall be considered voting members.

C. Duties. The Board of Trustees shall meet on a quarterly basis each year and shall be charged with the administration of the plan, in cooperation with the Plan Administrator, and the depositing of funds. The Board shall engage a professional actuary to perform all studies and give reports necessary to ensure compliance with Act 205.[1] The Board of Trustees shall give regular notice of its meetings and shall publish minutes and reports to accurately reflect the conduct of affairs by the Board. The Board shall select from its members a Chairman and Vice Chairman, who shall serve for one-year terms. The Board shall reorganize at its first quarterly meeting each year.

[1] Editor's Note: See 53 P.S. § 895.101 et seq.

D. Terms of office.

(1) The full-time nonuniformed employees shall elect from their membership six individuals upon representation from the departments previously aforementioned. Their terms shall be staggered and shall be for durations of one, two and three years, respectively.

(2) The term of office for each representative shall be as follows:

(a) Public Works Department: one employee for three years; one employee for two years; and one employee for one year.

(b) In the Department of Administration: one employee for one year; one employee for two years.

(c) In the Department of Recreation: one employee for one year.

(3) The municipality shall be represented by its Council President and Vice President, where terms shall coincide with their respective terms of appointment by Town Council.

(4) The Mayor shall serve as a standing member of the Board of Trustees.

E. Severability. This section shall be consistent with all other applicable laws of the Commonwealth of Pennsylvania and all provisions hereof shall be administered to and validity shall be determined under the laws of such commonwealth except where preempted by federal law. Should any provisions of the Plan or any regulation adopted thereunder be deemed or held to be unlawful or invalid for any reason, such unlawfulness or invalidity shall not adversely affect the provisions or regulations unless such invalidity or unlawfulness shall render impossible or impractical the functioning of the Plan, and in such case, the parties shall forthwith adopt a new plan or regulation in accordance with the law.