[Ord. No. 545,
§§ 1.01-1.03, 1.05-1.14, 8-12-1968; Ord. No. 648, 5-8-1972; Ord. No. 811, § 1, 3-12-1979; Ord. No. 853, § 1, 6-8-1981; Ord. No. 871, § 1, 3-8-1982; Ord.
No. 926, § 1, 2-11-1985; Ord. No. 944, § 1, 3-10-1986; Ord.
No. 1008, § 1, 6-12-1989; Ord. No. 1054, § 1, 1-14-1991; Ord.
No. 1094, § 1, 2-10-1992; Ord. No. 1165, § 1, 12-12-1994; Ord. No. 1249, § 3, 12-8-1997; Ord. No. 1330, §§ 1, 2, 3, 8-14-2000; Ord. No. 1391, §§ 1
and 2,[1] 11-13-2002]
As used in this Article, the following terms shall have the
indicated meanings:
As of any date of determination, a participant's accrued
monthly pension shall be the greater of (a) or (b) where:
Is the sum of (1) plus (2) multiplied by (3), where:
Notwithstanding the above, effective January 1, 2003, the accrued
monthly benefit for each employee hired on or after that date will
be equal to sum of (1) and (2) but not greater than (3), where:
Is two (2) percent of average monthly plan compensation times
years and months of continuous service at the date of determination
up to 25 years,
Is 1.667 percent of average monthly plan compensation times
his years and months of continuous service at the date of determination
in excess of 25 years, and
Is sixty (60) percent of average monthly plan compensation.
Each participant who was hired prior to January 1, 2003, and
terminates on or after that date will receive the greater of (a),
(b) and (c) above.
The average of each participant's monthly earnings rate on
January 1 of the highest five of the last 10 calendar years of continuous
service, or of such lesser number of years of continuous service as
the participant may have been in the employ of the Township. Notwithstanding
the above, effective for anyone who is an active participant on or
after July 1, 2000, average monthly plan compensation is the average
of each participant's monthly earnings rate on the January 1 of the
highest three of the last 10 calendar years of continuous service
or of such lesser number of years of continuous service as the participant
may have been in the employ of the Township.
In the case of each employee of the Township, the period
of his continuous employment as an employee of the Township. Continuous
service shall be computed to the nearest 1/12 of a year. Periods of
absence due to:
Sick leave or authorized leave not in excess of one year as
to any one such leave, where all such leaves shall be granted according
to reasonable rules of consistent application,
Voluntary or involuntary service in the armed forces of the
United States while it is engaged in a war or while any law requiring
compulsory military service is in effect,
|
shall not interrupt continuous service but shall not, except
for (b), be included in continuous service; provided, however, that
if an employee fails to return to work within the time fixed by the
Township (or within such longer time as may be provided by law for
the protection of his reemployment rights following military service),
his continuous service shall be deemed to have ended at the beginning
of such absence.
|
|
Notwithstanding the above, effective for anyone who is an active
participant on or after January 1, 1998, whose continuous service
ends prior to becoming eligible for a deferred vested pension and
who later returns as a participant, if the period of his original
continuous service is greater than or equal to the period of his absence,
his continuous service shall be aggregated to include both periods.
|
In the case of a participant whose employment terminates, whose
date of termination is on or after January 1, 1998, and is after the
date the participant has completed five years of continuous service
(excluding a participant whose employment terminates by death or for
whom a normal retirement pension, early retirement pension, or disability
pension is defined at the time the participant's employment terminates),
his accrued monthly pension on the date his employment terminates.
In the case of a participant whose employment terminates prior
to January 1, 1998, after the date of the participant has completed
five years of continuous service in the case of the Township Manager
and 10 years of continuous service for all other participants (excluding
a participant whose employment terminates by death or for whom a normal
retirement pension, early retirement pension, or disability pension
is defined at the time the participants employment terminates), his
accrued monthly pension on the date his employment terminates.
The permanent inability of a member to physically or mentally
perform his or her regular duties as a Township employee, as determined
by the Council of Plymouth Township on the basis of medical evidence,
which disability is determined to be permanent and irreversible in
nature, so that the member will never again be fit to physically or
mentally perform such duties.
Effective for anyone who is an active participant on or after
July 1, 2000, and whose employment terminates (other than by death
or disability) before his normal retirement date but after the date
he has both completed 10 years of continuous service and attained
age 50; the date on which his employment terminates.
January 1, 1968.
For a participant his regular straight-time rate of monthly
salary, excluding overtime, bonuses or any other form of additional
compensation; provided, however, that if a participant is compensated
on a weekly salary basis, his monthly earnings rate shall be equal
to 4 1/3 times his regular straight-time rate of weekly salary.
If a participant is compensated on an annual salary basis, his monthly
earnings rate shall be equal to 1/12 of his annual salary basis. If
a participant is compensated on an hourly basis, his monthly earnings
rate shall be equal to 173 times his regular straight-time rate of
hourly wage.
Effective for anyone who is an active participant on or after
July 1, 2000, the last day of the month in which he attains age 62
and completes five years of service, or the last day of the month
in which his employment terminates, if later.
In the case of each participant who retires on or after his
normal retirement date, his accrued monthly pension as of his date
of retirement.
Each regular employee of the Township, other than members
of the Township Police Department, excluding:
Those whose customary employment is for not more than 30 hours
per week; and
Those whose customary employment is for not more than five months
per year.
|
An employee of the Township shall become a participant on the
date that he or she commences employment with the Township, provided
the employee is not excluded by reason of subSubsection (a) or (b)
above. This definition of "participant" shall be effective from and
after January 1, 1989.
|
The pension plan set forth in this Article as amended from
time to time, which shall be known as the "Plymouth Township Pension
Plan."
The period from January first to the following December thirty-first,
beginning with the calendar year 1968.
[1]
Editor's Note: This Section of Ord. No. 1391 provided for
an effective date of 1-1-2003.
[Ord. No. 545,
§§ 2.01, 2.02, 8-12-1968; Ord. No. 1094, § 2, 2-10-1992]
(a)
Township contributions. The Township shall contribute to the plan
in amounts at least sufficient to meet the funding requirements established
under the Municipal Pension Plan Funding Standard and Recovery Act
of December 18, 1984, P.L. 1005, No. 205.
(b)
Liability. The Township shall not be liable to pay pensions hereunder
but the same shall be payable only from the trust fund established
in connection with the plan.
(c)
Forfeitures applied to reduced costs. Any forfeiture which may arise
under the plan shall be applied as soon as practicable to reduce the
Township's cost of the plan and shall in no event be used to increase
benefits under the plan.
[Ord. No. 545,
§ 8.04, 8-12-1968]
The plan shall not confer upon any employee any right of employment
nor shall any provision interfere with the right of the Township to
discharge any employee.
[Ord. No. 545, § 8.05, 8-128]
All provisions of the plan, including definitions, shall be
construed according to the laws of the state.
