The following terms used in this chapter shall have the meanings
given to them in this section:
The total amount contributed by a member through deductions
from compensation or through pickup contributions and paid over by
the City or paid by the member or from any existing pension or retirement
system or plan directly into the plan and credited to the member's
account, together with credited interest thereon.
Former Plan A, former Plan B, the Pennsylvania Municipal
Retirement System Plan (the "PMRS Plan"), and the plan whose benefits
are defined by this chapter.
Each day of active membership in the plan, the PMRS Plan,
former Plan A and former Plan B. Benefits, unless otherwise stated,
shall be based on years, months and days of service, expressed as
whole years and fractions thereof.
The person or persons last designated in writing by the member
to receive benefits after the death of the member. A designation shall
only be effective upon the member's death and shall be valid
only if delivered prior to such member's death to the Board in
such form as the Board shall specify. If the designated beneficiary
predeceases the member or no beneficiary was designated, then the
member's estate will be deemed the designated beneficiary.
The agreement negotiated between the Pennsylvania Municipal
Retirement Board and the City under Article IV of the Pennsylvania
Municipal Retirement Law[1] as amended and all amendments to said agreement, which
shall be terminated effective December 31, 1998, or as soon as all
assets are distributed by the Pennsylvania Municipal Retirement System
("PMRS") to this plan.
A former Plan A member, former Plan B member, former PMRS
member or new member.
A municipal police officer of the City of Harrisburg who
is hired after December 31, 1998, and was not a former Plan A, former
Plan B or former PMRS member.
A member who sustains a work-related injury or illness shall
be deemed to be permanently disabled if he or she has been totally
and permanently physically or mentally disabled by injury or disease
so as to be prevented from functioning as a Harrisburg police officer.
A member who sustains a non-work-related injury or illness shall be
deemed to be permanently disabled if he or she has been totally and
permanently physically or mentally disabled by injury or disease so
as to be prevented from engaging in any gainful employment. Such member
shall be retired for disability if the Police Pension Board shall
determine that he or she is so permanently disabled on the basis of
written evidence obtained from a physician designated by the Police
Pension Board.[3]
Member contributions which are made by the City on behalf
of the City employees for current service. For federal income tax
purposes, such contributions shall be made according to the Internal
Revenue Code of 1986, as amended. For all other purposes pickup contributions
shall be treated as contributions made by a member in the same manner
and to the same extent as if they were not being picked up.
The pension plan established for the police officers of the
City by Ordinance 94-1939 and closed to new members by Ordinance 16-1977,
including all written or oral amendments establishing or modifying
pension benefits or liabilities made by any means whatsoever, such
as ordinance, regulation, resolution, decision, or decree of City
Council, the office of the Mayor, or the Police Pension Board, collective
bargaining agreements, and custom, habit or practice.[4]
The pension plan established for the police officers of the
City of Harrisburg by Ordinance 16-1977 which amended Plan A so as
to provide for a new benefit structure for employees hired after August
15, 1977, including all written and oral amendments thereto establishing
or modifying pension benefits or liabilities made by any means whatsoever,
such as ordinance, regulation, resolution, decision, or decree of
City Council, the office of the Mayor, or the Police Pension Board,
collective bargaining agreements, and custom, habit and practice.[5]
A person holding a full-time law enforcement position in
the Police Bureau of the City who works for a stated salary or compensation.
The Board created pursuant to this chapter which serves as
trustee of the Combined Police Pension Plan.
The last person named by a member in writing filed with the
Board under a joint and survivor retirement option to receive a retirement
benefit upon the death of such member.
A former Plan B member, former PMRS member, or a new member
with 10 or more years of credited service; or
A former Plan A member with 20 or more years of credited service
prior to attaining superannuation retirement age who terminates employment
with the City and who does not withdraw his or her accumulated deductions
or apply for or receive a benefit under this chapter.
The City hereby elects to withdraw, effective as of the close
of business on December 31, 1998, or as soon thereafter as practicable,
from the Pennsylvania Municipal Retirement System established by the
Pennsylvania Municipal Retirement Law, Act 15 of 1974, as amended.[1] The City previously agreed to be bound by all the requirements
and provisions of said law and the amendments thereto and conditions
of the enrollment contract. The enrollment contract was accepted and
ratified by the City as setting forth the benefits and obligations
of the police officers, the City and the Pennsylvania Municipal Retirement
Board under the pension plans hereby elected by the City. The City
assumed all obligations, financial and otherwise, placed upon member
municipalities by the Pennsylvania Municipal Retirement Law, regulations
promulgated thereunder, the amendments thereto, and the terms of the
enrollment contract. Effective as of the close of business on December
31, 1998, or as soon thereafter as assets are distributed, the City
is relieved from compliance with the enrollment contract and rules
and regulations of PMRS.
[1]
Editor's Note: See 53 P.S. § 881.101 et seq.
Plan B (police) was previously repealed effective September
1, 1984.
All police officers of the City who were enrolled in Plan A,
Plan B or PMRS with the obligations and benefits set forth in the
enrollment contract and the Pennsylvania Municipal Retirement Law
and regulations promulgated thereunder and the amendments thereto
as of December 31, 1998, are hereby enrolled in the Combined Police
Pension Plan.
Pursuant to the terms and conditions of the enrollment contract,
the City previously transferred all assets of Plan B, including contributions
made by the members, to PMRS. Such transfer was effective September
1, 1984. All assets held by PMRS on account of Plan B, including contributions
made by members, shall be transferred to the Pension Board created
herein effective January 1, 1999, or as soon thereafter as practicable.
The Police Pension Board shall administer all benefits due to former
Plan B members.
The City transferred the administration of all benefits of all
members and beneficiaries of Plan A receiving benefits as of August
31, 1984, to the Pennsylvania Municipal Retirement Board pursuant
to the terms and conditions of the enrollment contract. The City transferred
all of the assets set aside as an actuarial reserve of these members
into the advanced payment account established pursuant to the enrollment
contract. Such pensioners and beneficiaries shall not be considered
members of the Pennsylvania Municipal Retirement System.
On January 1, 1987, all police officers of the City who were
enrolled in Plan A were enrolled in the PMRS with the obligations
and benefits set forth in the enrollment contract and the Pennsylvania
Municipal Retirement Law, regulations promulgated thereunder and the
amendments thereto.
Pursuant to the enrollment contract, the City transferred all
assets of Plan A as of January 1, 1987, to PMRS which were placed
in the advanced payment account established by the Pennsylvania Municipal
Retirement Board. All assets held by PMRS on behalf of Plan A shall
be transferred to the Pension Board created herein effective January
1, 1999, or as soon thereafter as practicable. The Police Pension
Board shall administer all benefits due to former Plan A members.
Pursuant to the enrollment contract, the City transferred to
the Pennsylvania Municipal Retirement Board on January 1, 1987, the
administration of benefits of all members of Plan A, or their beneficiaries,
who first began receiving payments between September 1, 1984, and
December 31, 1986, inclusive, and all vested members of Plan A who
have terminated employment with the City without receiving benefits.
The City transferred all of the assets set aside as an actuarial reserve
of these annuitants, beneficiaries and vested members into the advanced
payment account established pursuant to the enrollment contract. Such
annuitants, vestees and beneficiaries were not enrolled in PMRS. All
assets held by PMRS on behalf of these persons shall be transferred
to the Pension Board created herein effective January 1, 1999, or
as soon thereafter as practicable. The custodian selected by the Board
shall administer all benefits due to these persons.
The City guarantees payment of all benefits which may be payable
under this chapter, the enrollment contract with PMRS, Plan A, or
Plan B.
The amended and restated pension plan shall be effective as
of January 1, 1999.
A.Â
This chapter shall cover all new employees and all vestees, annuitants
and beneficiaries receiving benefits or eligible to receive benefits
from Plan A, Plan B or PMRS on December 31, 1998. Current annuitants
and beneficiaries shall have their existing benefits administered
by the Board according to this chapter but shall not accrue any additional
benefits unless they become reemployed as municipal police officers
by the City. The probationary status of any new municipal police officer
otherwise covered by this chapter shall not affect that police officer's
eligibility for membership in the plan.
B.Â
Prior to January 1, 1987, a municipal police officer who was a member of Plan A had the right to become irrevocably subject to the benefits and obligations of the PMRS plan set forth in §§ 2-707.13 through 2-707.28 and 2-707.45 through 2-707.56 of the PMRS Plan[1] and was in all respects considered as if he or she was
a former Plan B member.
[1]
Editor's Note: This reference is to former Ch. 2-707 adopted
by Ord. No. 34-1984. That chapter was replaced by Ord. No. 21-1998.
C.Â
On or after January 1, 1987, a former Plan A member could have irrevocably elected to become subject to the benefits and obligations of the PMRS Plan set forth in §§ 2-707.13 through 2-707.28 and 2-707.45 through 2-707.56 of the PMRS Plan[2] and if so elected was in all respects considered as if
he or she was a former Plan B member.
[2]
Editor's Note: This reference is to former Ch. 2-707 adopted
by Ord. No. 34-1984. That chapter was replaced by Ord. No. 21-1998.
D.Â
The terms and benefit improvements in this amended and restated plan
shall not apply to persons retired before January 1, 1999, except
that funds on behalf of these persons shall be withdrawn from PMRS
and invested in the fund for benefits under this plan.
