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City of Harrisburg, PA
Dauphin County
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Table of Contents
Table of Contents
The terms used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
ACCUMULATED DEDUCTIONS
The total amount contributed by a member through deductions from compensation paid 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 system and credited to the member's account, together with regular interest thereon.
[Amended 4-27-2016 by Ord. No. 3-2016]
CREDITED SERVICE
Each day of active membership. Benefits, unless otherwise stated, shall be based on years, months and days of service, expressed as whole years and fractions thereof.
DESIGNATED BENEFICIARY
The person or persons last designated in writing by the member and filed with the Board to receive benefits after the death of the member. If the designated beneficiary predeceases the member, or no beneficiary was designated, then the member's estate will be deemed the designated beneficiary.
ENROLLMENT CONTRACT or AGREEMENT
The agreement negotiated between the Pennsylvania Municipal Retirement Board and the City under the provisions of Article IV of the Pennsylvania Municipal Retirement Law, as amended.[1]
EXCESS INTEREST ACCOUNT
The account to which any excess investment earnings allocated by the Board and the City to a member are credited, plus regular interest credited on that amount by the Board.
EXCESS INVESTMENT EARNINGS
The investment earnings on the fund in excess of that required for allocation to regular interest and expenses, calculated according to the formula established by the Board.
FORMER PLAN A MEMBER
A. 
A firefighter who is a member of Plan A on the date the members of Plan A are enrolled in the system; or
B. 
A municipal firefighter hired after the date the members of Plan A are enrolled in the system who has service under Plan A and who elects to purchase credit for that service.
FORMER PLAN B MEMBER
A. 
A firefighter who is a member of Plan B on the date the members of Plan B are enrolled in the system; or
B. 
A municipal firefighter hired after the date the members of Plan B are enrolled in the system who has service under Plan B and who elects to purchase credit for that service.
MEMBER
A firefighter hired on or after September 1, 1984, who is not a former Plan A member or a former Plan B member, or a firefighter hired prior to September 1, 1984, who is not enrolled in Plan A or Plan B and retires prior to April 22, 2014, under the benefit design established by the City's enrollment contract with an effective date of September 1, 1984.
[Amended 4-27-2016 by Ord. No. 3-2016]
MUNICIPAL FIREFIGHTER
A person holding a full-time position in the Fire Bureau of the City who works for a stated salary or compensation.
PICKUP CONTRIBUTIONS
Member contributions which are made by the City on behalf of City employees for current service. Such contributions shall be made according to the Act of August 16, 1954, 68A Stat. 5, known as the "Internal Revenue Code of 1954," as amended, for federal income tax purposes. 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.
[Amended 4-27-2016 by Ord. No. 3-2016]
PLAN A
The pension plan established for the firefighters of the City by Ordinance 171-1974 and closed to additional members by Ordinance 17-1977, 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 Firemen's Pension Board, collective bargaining agreements, and custom, habit and practice.
[Amended 4-27-2016 by Ord. No. 3-2016]
PLAN B
The pension plan established for the firefighters of the City by Ordinance 17-1977, 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 Firemen's Pension Board, collective bargaining agreements, and custom, habit and practice.
SURVIVOR ANNUITANT
The person named by a member in writing filed with the Board under a joint and survivor annuity option to receive an annuity upon the death of such member.
VESTEE
A former Plan B member or a 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 obtaining superannuation retirement age, who terminates employment with the City and does not withdraw his or her accumulated deductions or apply for or receive a benefit under this agreement.
[Amended 4-27-2016 by Ord. No. 3-2016]
[1]
Editor's Note: See 53 P.S. § 881.401 et seq.
The City hereby elects to join the Pennsylvania Municipal Retirement System, established by the Pennsylvania Municipal Retirement Law, Act 15 of 1974, as amended.[1] The City hereby agrees to be bound by all the requirements and provisions of the Pennsylvania Municipal Retirement Board and the terms and conditions of the enrollment contract. The enrollment contract is hereby accepted and ratified by the City as setting forth the benefits and obligations of the firefighters, the City and the Pennsylvania Municipal Retirement Board under the pension plans hereby elected by the City. The City hereby assumes all obligations, financial and otherwise, placed upon member municipalities by the Pennsylvania Municipal Retirement Law and regulations promulgated thereunder and the amendments thereto and the terms of the enrollment contract.
[1]
Editor's Note: See 53 P.S. § 881.101 et seq.
Plan B (fire) is hereby repealed.
All firefighters of the City who are enrolled in Plan B are hereby enrolled in the Pennsylvania Municipal Retirement System, with the obligations and benefits set forth in the enrollment contract and the Pennsylvania Municipal Retirement Law and the regulations promulgated thereunder and the amendments thereto.
Pursuant to the terms and conditions of the enrollment contract, the City hereby transfers all assets of Plan B, including contributions made by the members, to the Pennsylvania Municipal Retirement System, to be placed in the advanced payment account established by the Pennsylvania Municipal Retirement Board. Such transfer shall be effective September 1, 1984.
The City hereby transfers 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 hereby transfers 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 firefighters of the City of Harrisburg who are enrolled in Plan A hereby shall be enrolled in the Pennsylvania Municipal Retirement System, 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.
Pursuant to the enrollment contract, the City hereby transfers all assets of Plan A as of January 1, 1987, to the Pennsylvania Retirement System, to be placed in the advanced payment account established by the Pennsylvania Municipal Retirement Board.
Pursuant to the enrollment contract, the City hereby transfers as of January 1, 1987, the administration of benefits of all members of Plan A or their beneficiaries who first began receiving payment 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 to the Pennsylvania Municipal Retirement Board. The City shall also transfer 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 shall not be enrolled in the Pennsylvania Municipal Retirement System.
The City guarantees payment of all benefits which may be payable under this chapter, the enrollment contract, Plan A, or Plan B.
A duly certified copy of this chapter shall be filed with the Pennsylvania Municipal Retirement Board of the Commonwealth of Pennsylvania. This chapter electing membership for the City in the Pennsylvania Municipal Retirement System shall be effective the first day of September 1984.
[Amended 4-27-2016 by Ord. No. 3-2016]
A. 
This chapter shall cover all employees and all annuitants and beneficiaries receiving benefits from Plan A on August 31, 1984. Current annuitants and beneficiaries of Plan A shall have their existing benefits administered by the Board according to this chapter. They shall be deemed to be enrolled in the system. The probationary status of any new municipal firefighter otherwise covered by this agreement shall not affect that firefighter's eligibility for membership in the system.
B. 
Upon the affirmative vote of 75% of all firefighters who are members of Plan B, all members of Plan B will be enrolled in the system and covered by the terms of this chapter. After their enrollment, they will have the benefits and obligations set forth in §§ 2-709.12 through 2-709.28 and 2-709.45 through 2-709.56 of this chapter.
C. 
Upon the affirmative vote of 75% of the vestees and members of Plan A, but not before January 1, 1987, all former Plan A members will be enrolled in the system. Until the former Plan A members are enrolled in the system, they will continue to have their pension plan administered by the City. After enrollment, they will have the benefits set forth in §§ 2-709.12, 2-709.13 and 2-709.29 through 2-709.56 of this chapter, unless otherwise agreed by the City and the Board.