[HISTORY: Adopted by the Borough Council of the Borough of
Spring Grove as indicated in article histories. Amendments noted where
applicable]
[Adopted 11-3-1980 by Ord. No. 2-1980 (Ch. 86, Art. I, of the 1985 Code)]
The Borough of Spring Grove hereby establishes and adopts a
pension plan for its full-time nonuniformed employees.
[Amended 5-5-2008 by Ord.
No. 1-2008]
The plan adopted is the Municipal Retirement Trust administered
by the Pennsylvania State Association of Boroughs Municipal Retirement
Trust in effect on July 1, 2008, and as amended from time to time
thereafter.
[Amended 5-5-2008 by Ord.
No. 1-2008]
The proper officers of the Borough are hereby directed and authorized
to execute a joinder agreement with the Trustees of the Pennsylvania
State Association of Boroughs Municipal Retirement Trust, in order
to adopt the Municipal Retirement Trust as the Borough of Spring Grove
Nonuniformed Pension Plan. A copy of said joinder agreement is attached
to this chapter and shall be adopted by reference as a part of the
same.[1]
[1]
Editor's Note: Said agreement is on file in the Borough offices.
The Borough shall perform all of the duties and responsibilities
assigned to it and may, at the discretion of Council, exercise all
powers vested in it by the joinder agreement.
The nonuniformed employees of the Borough shall have all the
rights and duties and may exercise any or all options granted them
by the terms of the joinder agreement.
[1]
Editor's Note: This ordinance included the following "whereas"
clauses:
"WHEREAS, the Southwestern Regional Police Department (“Department”)
established a non-uniform pension plan for its employees on or about
December 1, 2008 and with a PERC number of 67-917-7 N (“Plan”);
and
WHEREAS, the Pennsylvania Municipal System administered the
Plan; and
[2]
WHEREAS, the Department has dissolved effective January 1,
2020; and
[3]
WHEREAS, the Plan has no active employees, no deferred vested
employees and one retiree; and
[4]
WHEREAS, Spring Grove Borough, York County (“Borough”)
has agreed to assume any legal and financial responsibility for the
Plan going forward; and
[5]
WHEREAS, the Pennsylvania Municipal Retirement Board (“Board”)
has agreed to permit the sponsorship and assignment of the Plan (including
the assets and liabilities thereunder) as described herein."
A.
The Borough hereby agrees to sponsor the Plan effective as of July
1, 2020.
B.
The Borough hereby accepts transfer of any and all of the Department's
rights, title and interest in and to the Plan, the duty and responsibility
to perform any and all acts and obligations of the Department under
the Plan and applicable law and the liabilities arising thereunder,
and the Borough agrees to accept and assume the same as if the Borough
had been an original party to the Plan.
C.
The Borough hereby accepts the assignment of the Plan and agrees
to be bound by all of the requirements and provisions of the Plan,
the Pennsylvania Municipal Retirement Law, 53 P.S. § 881.101
et seq. ("Retirement Law") and the Municipal Pension Plan Funding
Standard and Recovery Act, 53 P.S. § 895.101 et seq., and
to assume all duties, obligations and responsibilities, financial
and otherwise, placed upon member municipalities.
D.
The Borough hereby assumes full responsibility and liability for
all future benefit payments to the existing retired members and their
beneficiaries and for all acts performed directly or indirectly under
the Plan, including acts committed by the Department prior to the
effective date of this assignment.
E.
The Borough agrees that the Board shall continue to administer and
provide the benefits set forth in the amended Plan entered into between
the Board and Department effective December 1, 2018 (the "contract").
F.
The Borough hereby assumes all responsibility and liability for any
unfunded liability created due to the benefit structure set forth
in the contract and for all future benefit accruals and payments to
the retired members and their beneficiaries and for all acts performed
directly or indirectly under the Plan, including acts committed by
the Department prior to the effective date of this assignment.
G.
Payment for any contribution obligation established by the adoption
of this article and the contract shall be made by the Borough in accordance
with the Pennsylvania Municipal Retirement Law and the Municipal Pension
Plan Funding Standard and Recovery Act.
H.
The passage and adoption of this article by the Borough is an official
acceptance of the contract and the financial obligations resulting
from the administration of the contract.
I.
The Borough agrees to indemnify and hold harmless PMRS, its Board,
officers and employees from any liability arising under this assignment
and/or any other actions taken to effect the intent of this article.
J.
A duly certified copy of this article shall be filed with PMRS.
K.
Any and all actions and decisions heretofore taken by any official
of the Borough or any person in connection with any transaction or
objectives approved by the foregoing resolutions, and all transactions
related thereto, were and are hereby authorized, affirmed, adopted,
approved, ratified and confirmed in all respects; and any and all
actions and decisions to be taken by such official or person in furtherance
of the objectives of the preceding resolutions were and are hereby
authorized, affirmed, adopted, approved, ratified and confirmed in
all respects.
