[HISTORY: Adopted by the City Council of the City of Lower
Burrell as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-9-1975 by Ord. No. 6-1975]
The City of Lower Burrell, being a member municipality of the Pennsylvania Municipal Retirement System, hereby elects to upgrade its member benefits in that system as established by the Pennsylvania Municipal Retirement Law as amended, from Article I to Article IV,[1] and does hereby agree to be bound by all the requirements
and provisions of said article and the law, as the case may be, and
to assume all obligations, financial and otherwise, placed upon member
municipalities by said article, law and amendment, as the case may
be. All references hereafter shall be based on benefits negotiated
between the Board and the City under the provisions of Article IV.
[1]
Editor's Note: See 53 P.S. § 881.101 et seq.
The City of Lower Burrell, having placed all of its employees,
as far as they are eligible, under the Federal Social Security Act,
has elected to join the Municipal Employees' Retirement System,
established by the Act of June 4, 1943, P.L. 886, as amended,[1] and has agreed to be bound by all requirements and provisions
of said Act and to assume all obligations, financial and otherwise,
placed upon member municipalities by said Act. "Municipal employee"
means a person holding an office or position other than that of a
municipal fireman or municipal policeman, under a municipality or
a municipal government association and paid on a regular salary or
per diem basis. The term shall not include officers and employees
paid wholly on a fee basis.
[1]
Editor's Note: See 53 P.S. § 881.101 et seq.
Credit for prior service up to the time the City of Lower Burrell
joined the Municipal Employees' Retirement System, toward the
municipal annuity of each original member shall be for all years of
service to the City of Lower Burrell. The City of Lower Burrell does
hereby assume the liability for payment of 100% of the member's
annuity for the prior service of each original member.
Payment for the prior service noted in § 55-3 hereof shall be made by the City of Lower Burrell in accordance with § 14 of said Act and may be spread over a period of 30 years if the City of Lower Burrell so chooses and with the consent of the Municipal Employees' Retirement Board.
The City of Lower Burrell does hereby elect to extend the provisions
of § 209 of the Pennsylvania Municipal Retirement Law, Act
15 of 1974,[1] so that contributors to the retirement system shall have
the options and enjoy the protection set forth in subsections (b)
and (c) of § 209 of the Pennsylvania Municipal Retirement
Law, and § 209 is hereby incorporated and made a part thereof
by reference hereto.
[1]
Editor's Note: See 53 P.S. § 881.209.
As part of this article, the City of Lower Burrell agrees to the outline of benefits set forth in letter of the actuary addressed to the Pennsylvania Municipal Retirement Board, dated July 30, 1975, upgrading the benefits in the Pennsylvania Municipal Retirement System from Article II to Article IV. The passage and adoption of this article by the City of Lower Burrell is an official acceptance of said benefits, which will include the basic Erie Act and spouses pension. Costs are shown under Column A, Schedule A.[1]
[1]
Editor's Note: Such costs are on file in the City offices.
A duly certified copy of this article shall be filed with the
Pennsylvania Municipal Retirement Board of the Commonwealth of Pennsylvania
and membership under Article IV for the City of Lower Burrell in the
Pennsylvania Municipal Retirement System shall be effective the first
day of October 1975.
[Adopted 11-14-2011 by Ord. No. 7-2011[1]]
[1]
Editor's Note: This ordinance also provided: "Any ordinances
or resolutions or parts of ordinances or resolutions conflicting with
the provisions of this ordinance shall be, and hereby are repealed
so far as the same affect this ordinance; however, such repeal shall
not affect any act done or any right or liability accrued under such
ordinance or resolution herein repealed or superseded and all such
rights or liabilities shall continue and may be enforced in the same
manner as if such repeal or super session had not occurred but only
to the extent otherwise permitted under the laws of the Commonwealth
of Pennsylvania."
A.
The Police
Pension Plan of the City of Lower Burrell ("Plan"), which was established
pursuant to ordinance and under the provisions of the Third Class
City Code, 53 Pa.C.S.A. § 35101 et seq., for the benefit
of the City's police employees effective May 19, 1961, and which
has been amended and/or restated by ordinances and resolutions of
the City thereafter, shall be, and hereby is, amended and supplemented
in the following respects.
