Borough of Duncannon, PA Chapter 38 PENSIONS

[HISTORY: Adopted by the Borough Council of the Borough of Duncannon as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Officers and employees — See Ch. 35.

Salaries and compensation — See Ch. 56.

Article I Nonuniform Employee Pension Plan

[Adopted 8-16-2005 by Ord. No. 362]

§ 38-1 Election to change benefits.

Duncannon Borough, being a member municipality of the Pennsylvania Municipal Retirement System, hereby elects to change its member benefits in that system as authorized by the Pennsylvania Municipal Retirement Law, Act 15 of 1974,

Editor's Note: See 53 P.S. § 881.101 et seq.

as amended, and does hereby agree to be bound by all the requirements and provisions of said law and to assume all obligations, financial and otherwise, placed upon member municipalities. All references hereafter shall be based on benefits negotiated between the Board and the municipality under the provisions of Article IV of the Pennsylvania Municipal Retirement Law.

§ 38-2 Membership.

Membership in the Pennsylvania Municipal Retirement System shall be mandatory for all full-time municipal employees of the Borough. Membership for elected officials, part-time employees, and employees hired on a temporary or seasonal basis is prohibited, as is membership for individuals paid only on a fee basis.

§ 38-3 Credit for prior service.

Credit for prior service for original members is granted for each year or partial year thereof that the member was employed by the Borough from original date of hire or the expiration of the member's probationary period if one so existed. Benefits provided to members in the agreement dated August 16, 2005, shall accrue based on all credited service granted and earned in accordance with this section.

§ 38-4 Payments by Borough.

Payment for any obligation established by the adoption of this article and the agreement between the Board and Duncannon Borough shall be made by the Borough in accordance with the Pennsylvania Municipal Retirement Law and Act 205 of 1984, the Municipal Pension Plan Funding Standard and Recovery Act.

Editor's Note: See 53 P.S. § 881.101 et seq. and 53 P.S. § 895.101 et seq.

§ 38-5 Acceptance of agreement.

As part of this article, the Borough agrees that the system shall provide the benefits set forth in the agreement between the Board and Duncannon Borough, dated August 16, 2005. The passage and adoption of this article by Duncannon Borough is an official acceptance of said agreement and the financial obligations resulting from the administration of said benefit package. Duncannon Borough hereby assumes all liability for any unfundedness created due to the acceptance of the benefit structure outlined in the above-referenced agreement.

§ 38-6 Effective date; repealer.

Duncannon Borough intends this article to be the complete authorization of the Borough's municipal pension plan, and it shall become effective and specifically repeal Ordinance No. 220, either immediately or on August 1, 2005, which is the effective date of the agreement dated August 16, 2005, between the Pennsylvania Municipal Retirement System and Duncannon Borough, whichever is later.

§ 38-7 Copies on file; membership effective date.

A duly certified copy of this article and the referenced agreement shall be filed with the Pennsylvania Municipal Retirement System of the Commonwealth of Pennsylvania. Membership for the municipal employees of Duncannon Borough in the Pennsylvania Municipal Retirement System shall be effective the first day of January 1971, with the revised plan structure reflected in the agreement dated August 16, 2005, effective the first day of August 2005.

Article II Police Pension Plan

[Adopted 3-21-2006 by Ord. No. 367]

§ 38-8 Election to change benefits.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Duncannon Borough, being a member municipality of the Pennsylvania Municipal Retirement System, hereby elects to change its police pension benefits in that system as authorized by the Pennsylvania Municipal Retirement Law, Act 15 of 1974,

Editor's Note: See 53 P.S. § 881.101 et seq.

as amended, and does hereby agree to be bound by all the requirements and provisions of said law and to assume all obligations, financial and otherwise, placed upon member municipalities. All references hereafter shall be based on benefits negotiated between the Pennsylvania Municipal Retirement Board (Board) and the municipality under the provisions of Article IV of the Pennsylvania Municipal Retirement Law.

§ 38-9 Membership.

Membership in the Pennsylvania Municipal Retirement System shall be mandatory for all full-time police officers of the Borough. Membership for elected officials and employees hired on a temporary or seasonal basis is prohibited, as is membership for individuals paid only on a fee basis.

§ 38-10 Credit for prior service.

Credit for prior service for original members is granted for each year or partial year thereof that the member was employed by the Borough from original date of hire or the expiration of the member's probationary period if one so existed. Benefits provided to members in the agreement dated March 21, 2006, shall accrue based on all credited service granted and earned in accordance with this section.

§ 38-11 Payments by Borough.

Payment for any obligation established by the adoption of this article and the agreement between the system and Duncannon Borough shall be made by the Borough in accordance with the Pennsylvania Municipal Retirement Law and Act 205 of 1984, the Municipal Pension Plan Funding Standard and Recovery Act.

Editor's Note: See 53 P.S. § 881.101 et seq. and 53 P.S. § 895.101 et seq.

§ 38-12 Acceptance of agreement.

As part of this article, the Borough agrees that the system shall provide the benefits set forth in the agreement between the Board and Duncannon Borough, dated March 21, 2006. The passage and adoption of this article by Duncannon Borough is an official acceptance of said agreement and the financial obligations resulting from the administration of said benefit package. Duncannon Borough hereby assumes all liability for any unfundedness created or which may be created due to the acceptance of the benefit structure outlined in the above-referenced agreement.

§ 38-13 Effective date; repealer.

Duncannon Borough intends this article to be the complete authorization of the Borough's police pension plan, and it shall become effective and specifically repeal Ordinance No. 219, either immediately or on January 1, 2006, which is the effective date of the amended agreement dated March 21, 2006, between the Pennsylvania Municipal Retirement System and Duncannon Borough, whichever is later.

§ 38-14 Copies on file; membership effective date.

A duly certified copy of this article and the referenced agreement shall be filed with the Pennsylvania Municipal Retirement System of the Commonwealth of Pennsylvania. Membership for the police pension plan of Duncannon Borough in the Pennsylvania Municipal Retirement System shall be effective the first day of January 1981, with the revised plan structure reflected in the agreement dated March 21, 2006, effective the first day of January 2006.