[HISTORY: Adopted by the City Council of the City of Harrisburg 4-24-2017 by Ord. No.
5-2017.[1] Amendments noted where applicable.]
CROSS-REFERENCES
Pennsylvania Municipal Retirement System — see
53 P.S. § 881.101 et seq.
[1]
Editor's Note: This ordinance also repealed former Ch. 2-705,
Non-Uniformed Municipal Employees Retirement System, adopted 9-16-2013
by Ord. No. 20-2013.
The following terms shall be defined as set forth below, provided
that each term defined in the PMRL shall have the meaning set forth
therein and shall be interpreted consistent with its definition under
the PMRL.
The total amount deducted from the compensation of the member
as set forth in this contract and paid over by the City or paid by
the member or from any existing pension or retirement system directly
into the fund and credited to the member's account, together
with regular interest thereon, unless interest is specifically excluded
in this contract.
A member who is earning credited service under this contract
as a result of employment with a City.
Annuities or lump sum amounts of equal present value determined
by appropriate actuarial factors based on mortality tables and interest
rates currently adopted and used by the Board.
A member of the American Academy of Actuaries;
An individual who has demonstrated to the satisfaction of the
Insurance Commissioner of Pennsylvania that he or she has the educational
background necessary for the practice of actuarial science and has
had at least seven years of actuarial experience; or
Any spouse, former spouse, child or dependent of a member
who is recognized by an approved domestic relations order as having
a right to receive all or a portion of the monies payable to that
member.
Any member on or after the effective date of retirement until
the member's annuity is terminated.
Any domestic relations order which has been approved by the
system in accordance with the PMRL.
The person or persons last designated in writing to the Board
by a member or an annuitant, or if one is not so designated, the estate
or next of kin under 20 Pa.C.S.A. § 3101 (relating to payments
to family and funeral directors), to the extent applicable, to receive
any death benefit after the death of such member or annuitant.
The Pennsylvania Municipal Retirement Board.
The Commonwealth of Pennsylvania.
Remuneration actually received for services rendered as a member
including salary, overtime, longevity and shift differential payments,
but excluding reimbursement for expenses incidental to employment.
Payments received under the Act of June 2, 1915 (P.L. 736, No. 338),
known as "the Pennsylvania Workmen's Compensation Act"[2] shall not be included in compensation. Compensation shall
be adjusted as appropriate to comply with the terms of the PMRL and
this contract. For members who are enrolled in a plan that has adopted
the provisions of IRC Section 414(h), compensation shall also include
any such pickup contributions so designated.
Notwithstanding any provision to the contrary, a member's
compensation shall not exceed the limitations under the IRC Section
401(a)(17) as adjusted in accordance with IRC Section 401(a)(17)(B).
The adjustment in effect for a calendar year applies to any period,
not exceeding 12 months, over which compensation is determined (the
"determination period") beginning in such calendar year. If a determination
period consists of fewer than 12 months, the compensation limit will
be multiplied by a fraction, the numerator of which is the number
of months in the determination period, and the denominator of which
is 12. The OBRA '93 annual compensation limit is $150,000, as
adjusted by the Commissioner of Internal Revenue for increases in
the cost of living in accordance with IRC Section 401(a)(17)(B). Effective
for calendar years beginning on and after January 1, 2002, the compensation
limit shall be $170,000 as adjusted. Effective for calendar years
beginning on and after January 1, 2003, compensation limit shall be
$200,000. The cost-of-living adjustment in effect for a calendar year
applied to any period, not exceeding 12 months, over which compensation
is determined (the "determination period") beginning in such calendar
year. If a determination period consists of fewer than 12 months,
the compensation limit will be multiplied by a fraction, the numerator
of which is the number of months in the determination period, and
the denominator of which is 12.
The agreement between the Board and the City providing for
retirement benefits to the members employed by the City.
An increment of service by a member to a City as determined
under the following terms:
Credited service shall begin to accrue as of the member's
date of enrollment in the system.
The member's date of enrollment in the system shall be
the date the City entered into the system or the member's date
of hire, whichever is more recent.
A member who elects to receive a superannuation retirement benefit
or early retirement benefit may elect with the City at the time of
retirement to receive additional credited service for unused accrued
sick leave; provided, however, that for every five whole days of unused
accrued sick leave, the member will receive seven days of credited
service. Such additional credited service shall not affect the member's
effective date of retirement but will only be used to calculate the
member's basic benefit. The City shall provide certification
to the Board of the amount of additional credited service the member
is entitled to receive together with the member's filing for
retirement with the Board.
For an active member, the last day of employment in a status
covered by the eligibility requirements of the contract. For an inactive
member, the date on which formal action is taken by the City to separate
the member from employment.
A member on or after the effective date of disability retirement
until the disability annuity is terminated.
Any judgment, decree or order, including approval of a property
settlement agreement, by a court of competent jurisdiction pursuant
to a domestic relations law which relates to the marital property
rights of the spouse or former spouse of a member, including the right
to receive all or a portion of the monies payable to that member under
the system in furtherance of the equitable distribution of marital
assets. The term includes orders of support as that term is defined
by 23 Pa.C.S.A. § 4302 (relating to definitions) and orders
for the enforcement of arrearages as provided by 23 Pa.C.S.A. § 3703
(relating to enforcement of arrearages).
The member's basic benefit adjusted for commencement
upon early retirement as may be provided as follows:
Due to member demographics, not applicable for Plan A members.
A Plan B member who terminates service after 10 years of credited
service and who has attained at least 55 years of age may apply for
an early retirement benefit. The early retirement benefit under this
subsection will be actuarially reduced for each year or partial year
thereof prior to superannuation retirement age for Plan B members
that early retirement takes place.
The date following the last day for which compensation was
paid or the date on which the member filed an effective application
for disability benefits, whichever is later.
One of the following:
Any of the following:
An individual retirement account described in IRC Section 408(a);
An individual retirement annuity described in IRC Section 408(b);
An annuity plan described in IRC Section 403(a);
A qualified trust described in IRC Section 401(a);
An annuity contract described in IRC § 403(b); and
An eligible plan under IRC Section 457(b) which is maintained
by a state, political subdivision of a state, or any agency or instrumentality
of a state or political subdivision of a state, and which accepts
the member's eligible rollover distribution. However, in the
case of an eligible rollover distribution to the nonspousal beneficiary
of a member, an eligible retirement plan is an individual retirement
account or individual retirement annuity.
Any distribution of all or any portion of the balance of
a qualified plan described in IRC Section 401(a) or 403(a), an annuity
described in IRC Section 403(b), or an eligible deferred compensation
plan described in IRC Section 457(b) which is maintained by a state,
political subdivision of a state, or any agency or instrumentality
of a state or political subdivision of a state. The above notwithstanding,
an eligible rollover distribution does not include:
Any distribution that is one of a series of substantially equal
periodic payments (not less frequently than annually) made for the
life (or life expectancy) of the member or the joint lives (or joint
life expectancies) of the member and the member's beneficiary,
or for a specified period of 10 years or more;
Any distribution to the extent such distribution is required
under IRC Section 401(a)(9); and
The portion of any distribution which consists of after-tax
employee contributions.
Benefits which have equal present value when computed on
the basis of interest and the mortality tables adopted by the Board
and in use at the date the benefit becomes effective.
The investment earnings on the fund in excess of that required
for allocation to regular interest and expenses.
For Plan A members the annualized compensation rate at the
time of retirement, or the average annual compensation earned and
paid during the member's highest consecutive five years of credited
service, whichever is higher; and for Plan B members the average annual
compensation earned and paid during the Plan B member's highest
consecutive three years of credited service or if not so long employed,
then the average annual compensation earned and paid during the whole
period of such employment.
The Pennsylvania Municipal Retirement Fund.
A member who is enrolled in the system but is no longer earning
credited service under this contract as a result of separation from
or leave from employment with a City.
The Internal Revenue Code of 1986, as designated and referred
to in the Federal Tax Reform Act of 1986 (Public Law 99-514) as amended.
A reference to "IRC Section _____" shall be deemed to refer to the
identically numbered section and subsection or other subdivision of
such section in 26 U.S.C. (relating to Internal Revenue Code), as
such identically numbered section may be amended.
An elected official or municipal employee who meets the eligibility requirements of § 2-705.13 or 2-705.14 and is paid on a regular salary or per diem basis. The term shall not include elected officials and employees paid wholly on a fee basis. The term shall include, collectively, Plan A members and Plan B members unless otherwise stated.
The account to which shall be credited any accumulated deductions,
municipal contributions made on behalf of the member and excess interest.
That portion or component of the basic benefit which is of
equivalent actuarial value, at date of retirement, to the accumulated
deductions of the member.
The account maintained for each member, to which shall be
credited such excess interest deemed to be earned on accumulated deductions.
The account maintained for the City, to which shall be credited
the contributions made by it toward the benefits of the members under
the system.
City of Harrisburg, Dauphin County.
A member who was employed by the City as of the date the
City joined the system.
53 P.S. § 881.101 et seq. A reference to "PMRL
Section _____" shall be deemed to refer to the identically numbered
subsection of 53 P.S. § 881 as may be amended.
A member who was hired before December 30, 1974.
A member who was hired on or after December 30, 1974, or
a member who was employed prior to December 30, 1974, and elected
to become a Plan B member in accordance with Ordinance No. 35 of 1984.
See the Pennsylvania Municipal Retirement Law.
A statement of rule adopted by the Board as provided in Article
XIII, Section 13.3,[3] and as authorized by PMRL Section 104(10).
All service as an original member completed at the time the
City elected to join the system.
The rate fixed by the Board, from time to time, on the basis
of earnings on investments to be applied to the member's accounts,
municipal accounts and the retired member's reserve account.
The account from which all basic benefits shall be paid for
superannuation, early and disability retirements.
Total and permanent disability of a member resulting from
a condition arising out of and incurred in the course of employment,
and which is compensable under the applicable provisions of the Act
of June 2, 1915 (P.L. 736, No. 338), known as "the Pennsylvania Workmen's
Compensation Act,"[4] or the act of June 21, 1939 (P.L. 566, No. 284), known
as "the Pennsylvania Occupational Disease Act."[5]
One of the following:
A Plan A member shall be eligible for a superannuation retirement
benefit upon attainment of superannuation retirement age, which shall
be:
A Plan B member shall be eligible for a superannuation retirement
benefit upon attainment of superannuation retirement age, which shall
be 65 years of age.
Retirement window: Effective through December 31, 2014, a member,
who by December 31, 2013, has attained an age, which when added to
the member's number of completed years of credited service, is
equal to or greater than the number 85, shall be eligible for a superannuation
retirement benefit.
Retirement window: Effective through December 31, 2018, a member,
who by December 31, 2018, has attained an age, which when added to
the member's number of completed years of credited service, is
equal to or greater than the number 80, shall be eligible for a superannuation
retirement benefit.
The accrued unreduced basic benefit payable to a member upon
attainment of superannuation retirement age.
Any person who has been named by a member under a joint and
survivor annuity option to receive an annuity upon the death of such
member.
The Pennsylvania Municipal Retirement System, a multiple
employer retirement system created pursuant to the PMRL.
The account to which shall be credited the contributions
made by the City toward the disability retirement of members.
The federal Uniformed Services Employment and Reemployment
Rights Act of 1994 (Pub. L. 101-353, 38 U.S.C. § 4303 et
seq.).
A member after a stipulated age or with sufficient years
of service, or both, as set forth [in] below who has terminated service
with the City and has elected to leave total accumulated deductions
in the fund and to defer receipt of a basic benefit, provided the
election is made within 90 days after the date of termination of service:
A Plan A member shall vest upon the completion of 20 years of
credited service provided the Plan A member files an application to
vest with the Board within 90 days of the member's date of termination
of service. A Plan A member who vests under this subsection shall
receive a superannuation retirement benefit upon attainment of 60
years of age.
A Plan B member shall vest upon the completion of 10 years of
credited service provided the member files an application to vest
with the Board within 90 days of the member's date of termination
of service. A Plan B member who vests under this subsection shall
be entitled to a superannuation retirement benefit upon attainment
of superannuation retirement age or an early retirement benefit upon
attainment of 55 years of age that is actuarially reduced for each
year or partial year thereof prior to superannuation retirement age.
In the event that a member fails to file within 90 days of the
member's date of termination of service, the member shall be
deemed ineligible for a vested benefit. The amount payable to the
member shall be the accumulated deductions and the member's excess
investment account standing to the credit of the member as of the
date of termination of service.
[1]
Editor's Note: See the Municipal Pension Plan Contract
on file in the City offices.
[2]
Editor's Note: See 77 P.S. § 1 et seq.
[3]
Editor's Note: See the Municipal Pension Plan Contract
on file in the City offices.
[4]
Editor's Note: See 77 P.S. § 1 et seq.
[5]
Editor's Note: See 77 P.S. § 1201 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 Law, the amendments
thereto, regulations promulgated by the Pennsylvania Municipal Retirement
Board, and the terms and conditions of the enrollment contract. The
enrollment contract sets forth the benefits and obligations of the
City employees, the City and the Pennsylvania Municipal Retirement
Board vis-a-vis 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, the amendments thereto, regulations promulgated thereunder, and
the terms of the enrollment contract.
[1]
Editor's Note: See 53 P.S. § 881.101 et seq.
Plan B (non-uniformed) is hereby repealed.
All municipal employees of the City who were enrolled in Plan
B are hereby enrolled in the Pennsylvania Municipal Retirement System,
with the obligations and benefits set forth in the enrollment contract,
the Pennsylvania Municipal Retirement Law, the amendments thereto,
and the regulations promulgated thereunder.
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 advance payment account established by the 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 advance payment account established pursuant to the
enrollment contract. Pensioners or their successors receiving benefits
as of August 31, 1984, shall not be considered members of the Pennsylvania
Municipal Retirement System.
On January 1, 1987, all municipal employees of the City 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, the Pennsylvania Municipal Retirement
Law, the amendments thereto, and the regulations promulgated thereunder.
Pursuant to the enrollment contract, the City hereby transfers
all assets of Plan A as of January 1, 1987, to the Pennsylvania Municipal
Retirement System to be placed in the advance payment account established
by the 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 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 advance 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.
This chapter electing membership for the City in the Pennsylvania
Municipal Retirement System shall be effective September 1, 1984,
and shall be filed with the Board.
A.Â
This chapter shall cover all full-time non-uniformed municipal employees
of the City of Harrisburg.
(1)Â
Elected officials and part-time employees shall have the option
of joining the system, and employees hired on a temporary or seasonal
basis shall not be eligible for membership. Elected officials and
part-time employees must elect membership in the system within one
year after the start of employment for part-time employees and, for
elected officials, within one year of assuming office. This decision
shall be irrevocable and shall apply for the entire term of office.
If membership is not elected, credit for that service may not be purchased
at some later date. A membership election by an elected official shall
be made for each term of office.
(2)Â
The probationary status of any new municipal employee otherwise
covered by this chapter shall not affect that employee's eligibility
for membership in the system.
B.Â
Upon the affirmative vote of 75% of all municipal employees who are
members of Plan B, all members of Plan B will be enrolled in the system
and covered by the terms of the enrollment contract. After their enrollment
they will have the benefits and obligations set forth in this chapter.
C.Â
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 their enrollment they will have the benefits set
forth in this chapter, unless otherwise agreed to by the City and
the Board.
Membership for non-uniform full-time employees of the City is
mandatory.
A.Â
Eligibility. Membership for elected officials and part-time employees
is optional.
B.Â
Election. To become a member, an employee eligible under Subsection A must file an election with the system within one year after the employee first enters the service of the City regardless of the employee's probationary status.
C.Â
Declination of optional membership. If the employee eligible under Subsection A elects not to join, the declination of membership under this contract shall be irrevocable and shall apply for the period of time the employee serves continuously in that optional category. If there is a break in service and the employee returns to service in any employment capacity, the employee shall not be eligible to purchase the optional membership time previously declined.
Membership for seasonal employees and temporary employees is
prohibited, as is membership for individuals paid only on a fee basis.
A.Â
Credited service shall begin to accrue as of the member's date
of enrollment in the system.
B.Â
The member's date of enrollment in the system shall be the date
the City entered into the system or the member's date of hire,
whichever is more recent.
C.Â
A member who elects to receive a superannuation retirement benefit
or early retirement benefit may elect with the City at the time of
retirement to receive additional credited service for unused accrued
sick leave; provided, however, that for every five whole days of unused
accrued sick leave, the member will receive seven days of credited
service. Such additional credited service shall not affect the member's
effective date of retirement but will only be used to calculate the
member's basic benefit. The City shall provide certification
to the Board of the amount of additional credited service the member
is entitled to receive together with the member's filing for
retirement with the Board.
An original member shall be granted credited service for prior
service from the date of hire, except for members who were hired prior
to December 30, 1974, and elected Plan B benefits in accordance with
Ordinance No. 35 of 1984, who shall not be granted credited service
for prior service.
If a former member of the City returns to service with the City and becomes a member, the member may restore to the fund the amounts refunded under § 2-705.32. The member's annuity rights shall be restored as they existed at the time of separation from service provided the member pays the amount due plus regular interest up to the date of purchase in a lump sum within 30 days after billing, or through salary deductions amortized with regular interest through a repayment period of not more than five years.
A.Â
Any member who enters the uniformed services as defined by USERRA
and returns to service as a member within the authorized time period
of the law shall have the authorized time spent in such service credited
to the member's employment record for pension or retirement benefits
if the member makes the required member contributions.
B.Â
The amount due from the member shall be certified by the system and
shall be paid by the member in accordance with applicable law.
C.Â
A member may purchase credit for intervening military service only
if discharge or separation from the service was granted under other
than dishonorable conditions. A member may not purchase military credit
for any service that is covered by another retirement system administered
and wholly or partially paid for by any other government agency or
private employer.
A.Â
An active member may purchase credit for other than intervening military
service performed for the United States in times of war, armed conflict
or national emergency, so proclaimed by the President of the United
States, for a period not to exceed five years, provided the member
has completed five years of service to the City subsequent to such
military service. Within 90 days of enrollment in the system a member
shall file with the City a notification of the member's intent
to purchase nonintervening military service. A member who does not
file such a notice shall not be eligible to purchase nonintervening
military service. The Board shall immediately inform a member who
filed said notice of the cost to purchase the nonintervening military
service. When the member has completed five years of service with
the City, the member shall then have 90 days to initiate the purchase
of nonintervening military service.
B.Â
The rate of interest charged a member on purchase of credit for nonintervening
military service shall be the regular interest in effect on the date
of the member's application.
C.Â
An active member may purchase credit for nonintervening military
service only if discharge or separation from the service was granted
under other than dishonorable conditions. A member may not purchase
military credit for any service that is covered by another retirement
system administered and wholly or partially paid for by any other
government agency or private employer.
A.Â
Qualified military service. Notwithstanding any provisions herein
to the contrary, contributions, benefits and service credit with respect
to "qualified military service" within the meaning of IRC Section
414(u)(5) will be provided in accordance with IRC Section 414(u).
B.Â
HEART Act provisions.
(1)Â
Death benefits. In the case of a death or disability occurring
on or after January 1, 2007, if a member dies while performing qualified
military service [as defined in IRC Section 414(u)], the survivors
of the member are entitled to any additional benefits (other than
benefit accruals relating to the period of qualified military service)
provided under the system as if the member had resumed and then terminated
employment on account of death.
(2)Â
Benefit accrual. For benefit accrual purposes, the system will
treat an individual who dies or becomes disabled (as determined by
the system) while performing qualified military service with respect
to the member as if the member had resumed employment in accordance
with the member's reemployment rights under USERRA, on the day
preceding death or disability (as the case may be) and terminated
employment on the actual date of death or disability.
(3)Â
Determination of benefits. The system will determine the amount of member contributions of an individual treated as reemployed under § 2-705.21 for purposes of applying IRC Section 414(u)(8)(C) on the basis of the member's average actual employee contributions for the lesser of:
(4)Â
Differential wage payments. For years beginning after December
31, 2008:
(a)Â
A member receiving a differential wage payment, as defined by
IRC Section 3401(h)(2), shall be treated as an employee of the employer
making the payment;
(b)Â
The differential wage payment shall be treated as compensation;
and
(c)Â
The system shall not be treated as failing to meet the requirements
of any provision described in IRC Section 414(u)(1)(C) by reason of
any contribution or benefit which is based on the differential wage
payment.
When a member leaves the employ of the City and enters within
one year of separation into the employ of another municipality that
has joined the system, the member's service credits shall remain
unimpaired. Should a member from the employ of another municipality
that has joined the system separate from service and within one year
of separation be employed by the City and qualify for membership under
this chapter, the member's service credits will remain unimpaired.
In such cases, the municipal liability for past service shall be prorated
by the system between the municipalities on an equitable basis.
A.Â
A Plan A member shall be eligible for a superannuation retirement
benefit upon attainment of superannuation retirement age, which shall
be:
B.Â
A Plan B member shall be eligible for a superannuation retirement
benefit upon attainment of superannuation retirement age, which shall
be 65 years of age.
C.Â
Retirement window. Effective through December 31, 2014, a member,
who by December 31, 2013, has attained an age, which when added to
the member's number of completed years of credited service, is
equal to or greater than the number 85, shall be eligible for a superannuation
retirement benefit.
D.Â
Retirement window. Effective through December 31, 2018, a member,
who by December 31, 2018, has attained an age, which when added to
the member's number of completed years of credited service, is
equal to or greater than the number 80, shall be eligible for a superannuation
retirement benefit.
A.Â
Due to member demographics; not applicable for Plan A members.
B.Â
A Plan B member who terminates service after 10 years of credited service and who has attained at least 55 years of age may apply for an early retirement benefit. The early retirement benefit under this Subsection B will be actuarially reduced for each year or partial year thereof prior to superannuation retirement age for Plan B members that early retirement takes place.
A.Â
A Plan A member shall vest upon the completion of 20 years of credited
service provided the Plan A member files an application to vest with
the Board within 90 days of the member's date of termination
of service. A Plan A member who vests under this subsection shall
receive a superannuation retirement benefit upon attainment of 60
years of age.
B.Â
A Plan B member shall vest upon the completion of 10 years of credited
service provided the member files an application to vest with the
Board within 90 days of the member's date of termination of service.
A Plan B member who vests under this subsection shall be entitled
to a superannuation retirement benefit upon attainment of superannuation
retirement age or an early retirement benefit upon attainment of 55
years of age that is actuarially reduced for each year or partial
year thereof prior to superannuation retirement age.
A.Â
For Plan A members, the annual basic benefit shall be 50% of the
Plan A member's final salary.
B.Â
For Plan B members, the annual basic benefit shall be calculated
by multiplying the Plan B member's final salary by all years
of credited service and multiplied by the benefit accrual rate of
2.0%; provided, however, in no event shall the annual basic benefit
exceed 75% of the Plan B member's final salary.
C.Â
Effective January 1, 2017, through December 31, 2018, the annual
basic benefit shall be calculated by multiplying that member's
final salary by all years of credited service and multiplied by the
benefit accrual rate of 2.5%; provided, however, in no event, shall
the annual basic benefit exceed 75% of that member's final salary.
An annual excess interest benefit shall be equal to a single
life annuity starting on the effective date of retirement with a present
value equal to the member's excess investment account.
In addition to the basic benefit, an annuitant who was a Plan A member and who is certified by the City as eligible to receive a service increment shall receive a yearly service increment to be determined by computing the number of whole years of credited service beyond 20 years and multiplying this number by an amount equal to 1.5% of the member's final salary provided such annuitant made the required contributions set forth in § 2-705.41A(4).
Not available at this time.
A.Â
General limitation. Except as otherwise provided in this chapter,
the annual retirement benefit payable to any member shall not exceed
the maximum permissible amount for the system year pursuant to IRC
Section 415(b).
B.Â
Adjustment of limitations.
(1)Â
To the extent the limitations set forth herein may be from time
to time adjusted by statutes, regulations or other publications issued
by the Internal Revenue Service, such adjusted amounts shall be substituted
for the amounts set forth in this section, provided that no such adjustment
shall reduce a member's accrued benefit unless such adjustment
is required to preserve the qualified status of the system or the
applicable plan.
(2)Â
If a benefit is to be distributed in a form other than a single
or straight life annuity or joint and survivor annuity (including
any death benefit payable as a survivor's annuity), the actuarial
equivalent [as determined pursuant to IRC Section 415(b)(2)(B)] of
a single life annuity of such benefit must satisfy the limitations
set forth in this section. Further adjustments may be made by the
Board, as permitted by IRC Section 415 and the regulations promulgated
thereunder, under the appropriate circumstances including, if authorized
by the Board, receipt by the system of rollover contributions or assets
or liabilities transferred from another qualified plan.
(3)Â
In the event that a member's benefit is to be distributed prior to age 62, the currently effective dollar amount in Subsection A of this section shall be actuarially reduced to the actuarial equivalent [as determined pursuant to IRC Section 415(b)(2)(C)] of an annual benefit equal to the dollar amount commencing at age 62 in the manner as prescribed by IRC Section 415.
(4)Â
In the event that a member's benefit is to be distributed after age 65, the currently effective dollar amount in Subsection A of this section shall be actuarially increased to the actuarial equivalent [as determined pursuant to IRC Section 415(b)(2)(D)] of an annual benefit equal to such dollar amount commencing at age 65 in the manner as prescribed by IRC Section 415.
C.Â
This section shall be interpreted consistent with the limitations
on annual benefits set forth under IRC Section 415(b) and Treasury
regulations thereunder as applicable to governmental plans under IRC
Section 414(d).
There shall be an offset to the basic benefit equal to 40% of
the primary insurance amount of full social security benefits paid
or payable to an annuitant who was a Plan A member and who is classified
by the City as a joint coverage member as per the Social Security
Act, 42 U.S.C. § 301 et seq., subject to the following provisions:
A.Â
Upon attainment of the age at which full social security benefits
are payable or upon retirement of the Plan A member after attaining
such age, the Plan A member's eligibility to the old age insurance
benefits and the primary insurance amount of social security, upon
which the reduction in the benefits shall be based, shall be computed
by the Board in the manner specified in the federal Social Security
Act, except that in determining such eligibility and such amount,
only compensation for services performed in the employ of the City
shall be included.
B.Â
Once the amount of the reduction from the basic benefit has been
determined, it shall remain fixed, except that any decrease in the
primary amount paid under the Social Security Act shall result in
a corresponding decrease in the amount of the reduction of the basic
benefit.
C.Â
The total sum, including social security benefits, to be received
upon retirement by the Plan A member shall not be less than the benefits
that would be paid by the system in absence of the social security
benefits reduction.
D.Â
The reduction shall not apply to a disability annuitant or an annuitant
who was a Plan B member.
A.Â
Single life annuity.
(1)Â
Upon attainment of eligibility to receive a superannuation retirement benefit or eligibility to elect an early retirement benefit, a member separating from service may elect to receive the benefits provided in §§ 2-705.26 to 2-705.31. Such benefits shall be calculated in accordance with §§ 2-705.26 to 2-705.31 and shall be paid throughout the member's life.
(2)Â
In the event of the death of an annuitant who has elected to
receive a single life annuity before the annuitant has received in
total annuity payments an amount equal to the full amount of the accumulated
deductions plus excess interest standing to the member's credit
on the effective date of retirement, the difference between the total
payments made to the date of death and the accumulated deductions
plus excess interest shall be paid to the beneficiary.
B.Â
Reduced annuity options. A Plan A member who elected to waive the
spouse's death benefit within 90 days of enrollment in the system,
or a Plan B member may alternatively elect at the time of retirement
to receive the equivalent actuarial value in a lesser allowance, payable
throughout life with provisions that:
(1)Â
Option 1: a life annuity to the member with a guaranteed total
payment equal to the present value of the single life annuity on the
effective date of retirement. If, at death, the member has received
less than such present value as it was as of the effective date of
retirement, the unpaid balance shall be payable to the beneficiary.
If the balance is less than $5,000, it shall be paid in a lump sum
to the beneficiary if living, or if the beneficiary predeceased the
member or if no beneficiary was named, then to the member's estate.
If the balance is $5,000 or more, the beneficiary may elect, by application
duly acknowledged and filed with the Board to receive payment of such
balance according to any one of the following provisions:
(2)Â
Option 2: Upon the annuitant's death, the joint and survivor
annuity shall be continued throughout the life of and paid to the
survivor annuitant, if then living.
(3)Â
Option 3: Upon the annuitant's death, one-half of the joint
and survivor annuity shall be continued throughout the life of and
paid to the survivor annuitant, if then living.
C.Â
If a member has elected a joint and survivor annuity option and the
member and survivor annuitant die before receiving in annuity payments
the full amount of the total accumulated deductions and excess interest
standing to the credit of the member on the effective date of retirement,
the balance shall be paid to the beneficiary.
In no event may a member or beneficiary be entitled to a form
of payment which commences or is payable over a period which fails
to satisfy the required distribution provisions of IRC Section 401(a)(9),
including the incidental benefit distribution requirements. The Board
shall adopt procedures as necessary to comply with IRC Section 401(a)(9)
and Treasury regulations thereunder as applicable to governmental
plans.
Notwithstanding any other provision, a member, a member's surviving spouse or a member's former spouse who is an alternate payee under an approved domestic relations order pursuant to § 2-705.45 may elect, at the time and in the manner prescribed by the Board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan utilizing a direct rollover.
A.Â
General rule. A member may, upon application or on application of
one acting on the member's behalf, or upon application of a responsible
official of the City, be retired by the Board on a disability retirement
if the medical examiner designated by the Board following a review
of the application and any supporting medical records and other documentation
submitted with the application certifies to the Board that the member
is unable to engage in any gainful employment and that said member
ought to be retired.
B.Â
Once every year the Board may require a medical review of subsequent
medical documentation of the disability annuitant, while still under
superannuation retirement age, by the medical examiner designated
by the Board. Should the medical examiner recommend to the Board that
such disability annuitant is no longer physically or mentally incapacitated
and is able to engage in a gainful occupation, then the portion of
the annuity funded from the total disability reserve account shall
be discontinued.
C.Â
Should a disability annuitant, while under superannuation retirement
age, refuse to submit to at least one medical review in any year,
the disability retirement shall be discontinued until the withdrawal
of such refusal, and should such refusal continue for one year, then
all rights in and to any disability retirement or for early involuntary
retirement as may be provided under the contract, shall be forfeited.
D.Â
Should a disability annuitant die before the amount payable under
this section equals the amount of accumulated deductions plus the
balance in the member's excess investment account as of the effective
date of disability retirement, the Board shall pay to the beneficiary
(if living, or if the beneficiary predeceased the disability annuitant,
or no beneficiary was named, then to the disability annuitant's
estate) an amount equal to the difference between such amounts paid
under this section and the accumulated deductions and the balance
in the member's excess investment account. If such difference
is less than $100 and no letters have been taken out on the estate
within six months after the disability annuitant's death, such
difference may be paid to the undertaker or to any person or City
who or which shall have paid the claim of the undertaker.
E.Â
Plan A members.
(1)Â
A Plan A member shall be eligible to apply for a disability
retirement if the Plan A member has completed 15 years of credited
service.
(2)Â
A disability annuitant who was a Plan A member shall receive an annual benefit equal to 50% of the disability annuitant's final salary, plus the benefit provided in § 2-705.28.
(3)Â
The disability annuitant's annuity shall not be affected
by the amount of any payments for which the disability annuitant shall
be eligible under the Act of June 2, 1915 (P.L. 736, No. 338), known
as "the Pennsylvania Workmen's Compensation Act"[1] or the Act of June 21, 1939 (P.L. 566, No. 284), known
as "the Pennsylvania Occupational Disease Act."[2]
F.Â
Plan B members.
(1)Â
Service-connected disability.
(a)Â
When the disability of a Plan B member is determined to be a
service-connected disability, no minimum period of credited service
shall be required for eligibility to receive a disability retirement.
(b)Â
A service-connected disability shall equal an annual benefit
of 50% of the disability annuitant's final salary.
(2)Â
Non-service-connected disability.
(a)Â
When the disability of a Plan B member is determined to be non-service-connected,
the Plan B member shall be eligible to apply for a disability retirement
if the Plan B member has completed 10 years of credited service.
(b)Â
A non-service-connected disability shall equal an annual benefit
of 30% of the disability annuitant's final salary.
(3)Â
The portion of the disability annuity funded from the total
disability reserve account for Plan B members shall be reduced by
the amount of any payments for which the disability annuitant shall
be eligible under the Act of June 2, 1915 (P.L. 736, No. 338), known
as "the Pennsylvania Workmen's Compensation Act"[3] or the Act of June 21, 1939 (P.L. 566, No. 284), known
as "the Pennsylvania Occupational Disease Act."[4]
A.Â
For Plan A members, an active member or vested member who has met the eligibility requirements for a superannuation retirement benefit found in § 2-705.23A will be deemed to have elected the spouse's death benefit found in § 2-705.39C unless such Plan A member filed with the Board a waiver of the spouse's death benefit within 90 days of the Plan A member's date of enrollment as determined under § 2-705.16.
When filing an application under this part, one of the options provided in § 2-705.33 may be elected. The application shall be held by the Board until: 1) a later application for a retirement is filed; or 2) the death of the active member or vested member prior to the effective date of retirement.
A.Â
If any active member or vested member dies before becoming eligible
for any benefits under this chapter, the balance of the member's
account shall be paid to the beneficiary.
B.Â
If an active member or vested member meets the eligibility requirements of § 2-705.37 and files an application under this part, benefits shall become effective as if such active member or vested member had retired on the day immediately preceding death in accordance with the annuity option elected in the application.
C.Â
If a waiver was not filed with the Board under this part by a Plan
A member, the surviving spouse (or in the absence of a spouse, any
surviving children under the age of 18, or if attending college under
or attaining the age of 23) of the Plan A member will receive a pension
equal to one-half of the pension which such active member or vested
member would have been eligible to receive if the individual had been
retired at the time of death or, in the case of an annuitant, a pension
equal to one-half of the pension which the annuitant was actually
receiving. If there is no surviving spouse or children eligible for
the benefit, the balance of the Plan A member's account on the
date of death shall be paid to the beneficiary.
A.Â
The Board will actuarially determine the normal cost of the benefits
provided under this chapter and any liability associated with the
actuarial experience of such benefits which shall be contributed annually
by the City. The Board shall determine and the City shall be charged
an additional amount to be contributed annually toward a reserve account
for any disability benefit which may be payable under this chapter.
B.Â
The amounts so determined shall be computed in accordance with the
Municipal Pension Plan Funding Standard and Recovery Act, 53 P.S.
§ 895.101 et seq., and the PMRL.
A.Â
Plan A members.
(1)Â
A Plan A member classified by the City as a single coverage
member shall contribute an amount equal to 4% of compensation.
(2)Â
A Plan A member classified by the City as a joint coverage member
shall contribute an amount equal to 4.5% of compensation on which
social security taxes are payable, and 6% of compensation in excess
of that on which social security taxes are payable, as determined
under the Social Security Act, 42 U.S.C. § 301 et seq.
(3)Â
A Plan A member classified by the City as a dual coverage member
shall contribute an amount equal to 6% of compensation.
(4)Â
A Plan A member certified by the City as eligible for the service increment set forth in § 2-705.28 shall contribute an additional amount equal to 0.5% of compensation.
(5)Â
Contributions shall be deducted from payroll and transmitted
to the system by the City in accordance with the Board's policy
regarding the treatment of member contributions.
(6)Â
Member contributions will be treated as taxed at the time they
are made to the system, will be tracked separately, and will not be
treated as taxable when paid out to the member.
B.Â
Plan B members.
(1)Â
Plan B members shall contribute 5% of their compensation. However,
effective July 1 of the calendar year following the Plan B member's
completion of 37.5 years of credited service, the Plan B member shall
no longer be required to contribute.
(2)Â
Contributions shall be deducted from payroll and transmitted
to the system by the City in accordance with the Board's policy
regarding the treatment of member contributions.
(3)Â
All mandatory member contributions made on or after January
1, 1999, by Plan B members shall be deemed "pick up" contributions
and shall be treated as contributions made by the City for purposes
of IRC Section 414(h).
C.Â
Beginning November 4, 2013, through to the end of the calendar year 2014 only, the required member contribution rate for all members under Subsections A(1) to (3) and B(1) shall be 3% of compensation. For calendar years 2015 and 2016 only, the required member contribution rate for all members under Subsections A(1) to (3) and B(1) shall be 4% of compensation.
D.Â
If sufficient funds exist, the City may annually elect to lower or
waive the required member contribution rate by adopting a resolution
and filing it with the Board.
A.Â
If an annuitant, other than a disability annuitant, returns to service
with the same City, the annuity shall cease, and in the case of an
annuity, other than a disability annuity, the present value of such
annuity shall be frozen as of the date such annuity ceases.
B.Â
Upon subsequent discontinuance of service, such annuitant, other
than a former disability annuitant, shall be entitled to an annuity
which is actuarially equivalent to the sum of the present value of
the annuity previously being paid and the present value of the annuity
earned by further service and further deductions added upon reemployment.
C.Â
The above notwithstanding, if the annuitant is otherwise eligible
to receive an in-service distribution of the annuity due to: i) attainment
of normal retirement age as defined in the IRC; ii) operation of IRC
Section 401(a)(36); or iii) operation of any other provision as may
be adopted by the Board and consistent with the tax qualification
provisions of the IRC, the annuity shall continue to be paid through
the period of such reemployment; but the annuitant shall not be enrolled
as a member or receive credited service during any period of an in-service
distribution.
D.Â
The City is required to notify the Board immediately of the reemployment
status of any annuitant.
A.Â
If a former member of the City returns to service with the City and becomes a member, the member may restore to the fund the amounts refunded under § 2-705.32 that represent that member's previous service, and continue accruing credited service for service rendered subsequent to the return to service.
B.Â
The member's annuity rights shall be restored as they existed
at the time of separation from service provided the member pays the
amount due plus regular interest up to the date of purchase in a lump
sum within 30 days after billing, or through salary deductions amortized
with regular interest through a repayment period of not more than
five years.
The basic benefit, accumulated deductions and the moneys in
the fund shall be exempt from any state or municipal tax. Further,
these monies shall not be subject to attachment or execution and shall
not be the subject of assignment or transfer except to a duly designated
beneficiary.
Rights under this contract shall be subject to attachment in
favor of an alternate payee as set forth in an approved domestic relations
order.
A.Â
Rights under this contract shall be subject to forfeiture as required
under the act of July 8, 1978 (P.L. 752, No. 140), known as the "Public
Employee Pension Forfeiture Act."[1] Forfeitures under this clause or under any other provision
of law may not be applied to increase the benefits that any member
would otherwise receive under this act.
[1]
Editor's Note: See 43 P.S. § 1311 et seq.
B.Â
The Public Employee Pension Forfeiture Act states that all benefits
payable to a public employee must be forfeited if the employee is
convicted of, or pleads guilty or no defense to, a crime related to
public office or public employment enumerated in the Public Employee
Pension Forfeiture Act.
C.Â
In the event a member is convicted of, pleads guilty or no defense
to, a forfeitable crime, the member will be entitled to receive the
retirement contributions the member made, without regular interest
or excess interest, unless a court of competent jurisdiction orders
the member's contributions to be paid as restitution to the City.
D.Â
All service and benefits forfeited by operation of the Public Employee
Pension Forfeiture Act shall be ineligible for retirement coverage
should the member later gain public employment and qualify for membership
in the system, regardless of the employing City.
The Board shall withhold medical premium payments from annuitants'
and survivor annuitants' monthly payments as directed by the
City. Such withheld premiums shall be forwarded to the City on a monthly
basis.
The Pennsylvania Municipal Retirement Fund shall consist of
contributions by municipalities from payroll deductions, from other
contributions made by members through the employing municipality to
the system, transfers made from municipal retirement or pension systems
and investment earnings.
The Board shall keep separate accounts for each municipality,
except the total disability reserve account and the retired member's
reserve account which shall be maintained as pooled accounts. The
City and the members shall be liable to the Board for the amount of
contributions required to cover the cost of the basic benefit and
other benefits payable to such members.
Upon the granting of a disability retirement, there shall be
transferred to the retired member's reserve account the amount
of the disability annuitant's member's account, together
with an amount from the municipal account to equal the amount of the
equivalent actuarial value of the basic benefit, and such additional
amount from the total disability reserve account as may be needed
to provide the actuarial equivalent of the disability retirement to
which the disability annuitant is entitled.
Upon the granting of a basic benefit, there shall be transferred to the retired member's reserve account the amount of the member's account, plus an amount from the municipal account such that the sum will equal the equivalent actuarial value to the annuity provided in § 2-705.33A.
The regular interest charges payable and the creation and maintenance
of the necessary reserves for the payment of the benefits, as to the
City and its members are hereby made the obligation of the City in
accordance with PMRL Section 111 and shall not otherwise attach to
those assets of the fund attributable to any other municipality and
its members.
The fund is a trust, and the assets of the system are held in
trust. No part of the assets of the system shall be used for or diverted
to purposes other than for the exclusive benefit of the members, their
survivor annuitant or beneficiaries prior to the satisfaction of all
liabilities of the system with respect to them. The assets of the
fund shall be used only to pay:
All moneys and securities in the fund shall be placed in the
custody of the State Treasurer as is required by PMRL Section 109.
The members of the Board shall be trustees of the fund, and
shall have the exclusive management of said fund, with full power
to invest the moneys therein, subject to the terms, conditions, limitations
and restrictions imposed by law upon fiduciaries. The Board shall
have power to hold, purchase, sell, assign, transfer and dispose of
any securities and investments in said fund, as well as the proceeds
of such investments, and of the money belonging to such fund.
The Board shall annually allocate regular interest to the credit
of each member's account, municipal account, and the retired
member's reserve account.
A.Â
The Board may, after deducting money to pay for regular interest
and any appropriate expenses of the system, award excess interest
to the City in accordance with Board adopted policy.
B.Â
Notwithstanding any other provision, excess interest shall not be
allocated to the member's accounts and/or retired members'
reserve account if the City's funding status in relation to the
benefit structure set forth under this contract is less than 95% funded
as of the most recent actuarial report filed pursuant to the Municipal
Pension Plan Funding Standard and Recovery Act, 53 P.S. § 895.101
et seq.
C.Â
In the event that the municipality's funding status in relation
to the benefit structure set forth under this contract is less than
95% funded as of the most recent actuarial report filed pursuant to
the Municipal Pension Plan Funding Standard and Recovery Act, 53 P.S.
§ 895.101 et seq., all excess interest awarded by the Board
shall be allocated to the municipal account.
D.Â
In the event that the City's funding status in relation to the
benefit structure set forth under this contract is 95% funded or more
as of the most recent actuarial report filed pursuant to the Municipal
Pension Plan Funding Standard and Recovery Act, 53 P.S. § 895.101
et seq., excess interest awarded to the City shall be allocated as
follows:
Except for the accounts of vestees or when a member transfers
membership due to portability, no interest or excess interest shall
be credited to a member's account after termination of employment
with the City that entitles him or her to membership in the system
under this chapter.
In the administration of the system the Board has the exclusive
authority under the PMRL to:
A.Â
Contract for professional services, including but not limited to
actuarial, investment and medical as it deems advisable;
B.Â
Keep in convenient form such data as shall be deemed necessary for
actuarial valuation purposes;
C.Â
From time to time, through its actuary, make an actuarial investigation
into the mortality and service experience of the members and annuitants
and of the various accounts created by the PMRL;
D.Â
Adopt for the system one or more mortality tables and such other
tables as shall be deemed necessary;
E.Â
Certify annually the amount of appropriation which the City shall
pay into the fund, which amounts shall be based on estimates furnished
by the actuary;
F.Â
Prepare and distribute annual statements of accounts to each of the
active members, showing the contributions made during the year, the
interest earned and the total balance standing in the member's
account at the end of the year;
G.Â
Perform such other functions as are required for the execution of
the PMRL and of any other federal and state law and to administer
and interpret this contract to ensure that the system is maintained
as tax qualified under the IRC.
The Board retains the right to correct any errors in collection
of contributions or payments of benefits and awarding of service credits
or amount credited to the accumulated deduction accounts, excess interest
accounts or other accounts, whether caused by mistake of fact or law,
regardless of the fault or lack thereof of the members, the City or
the Board, or whether the errors were made under this chapter or Plan
A or Plan B prior to enrollment in the system.
A.Â
The City agrees that all reports and documents relating to the fund
which it may prepare and deliver hereunder shall be confidential and
shall become the property of the Board and shall not be published,
circulated, or used in any manner by the City without prior written
approval of the Board.
B.Â
The City shall preserve all financial and accounting records pertaining
or prepared pursuant to this chapter during the agreement period,
and any amendment thereof, for six years from the termination date
of the enrollment of the City in the system. During such period the
Board, or any other department or representative of the Commonwealth
of Pennsylvania, upon reasonable notice, shall have the right to audit
such books and records for the purpose of verifying all the salary
contribution payments, to the extent authorized and permitted by law.
The City shall have the right to preserve all records and accounts
in original form or on microfilm, magnetic tape, or any other similar
process.
A.Â
The Board is statutorily vested with the exclusive jurisdiction to
administer and interpret this contract in accordance with the PMRL.
The parties hereby waive any claim or defense that such forum is not
convenient or proper.
B.Â
If a member and/or City believe that a right or benefit under this
contract has been improperly denied, a written request for a final
determination must be filed with the system.
C.Â
If the member and/or municipality disagrees with the final determination
reached by the system, the member and/or the City has the right to
file an appeal and request an administrative hearing before the Board.
See 1 Pa. Code §§ 31.11, 31.15, 33.31, 33.34, and 35.20.
The appeal and request for an administrative hearing must include
a statement of the facts that forms the basis of the requested relief
and all points of law that support the claim.
D.Â
An administrative hearing is a process in which evidence is presented
before an independent hearing examiner who makes a recommendation
to the Board, following which the Board renders a final adjudication.
All administrative hearings are conducted at the Board's headquarters
in Harrisburg. The Board's final adjudication is subject to an
appeal before the Commonwealth Court of Pennsylvania.
E.Â
All appeals and requests for administrative hearings must be made
in writing within 30 days of the date of the final determination and
sent to:
|
Appeal Docket Administrator
Pennsylvania Municipal Retirement Board
5 North Fifth Street
Harrisburg, PA 17101-1905
|
F.Â
If the appeal and request for an administrative hearing is not received
by the Board within the thirty-day period, the member and/or City
will no longer have the right to administratively appeal the denial
of its request to the Board.
A.Â
Withdrawal. The City may, for good cause, file an application with
the Board for permission to withdraw from the system if it meets all
of the following requirements:
(1)Â
The City has been enrolled in the system for a period of at
least five years.
(2)Â
The City has met all of its financial obligations to the system.
(3)Â
The City has passed an ordinance signifying its intention to
withdraw from the system.
(4)Â
The City has certified to the Board that an affirmative vote
approving withdrawal from the system had been obtained from at least
75% of all active members, inactive members, vested members, annuitants,
and survivor annuitants.
(5)Â
The City has acknowledged its responsibility to assume and provide
for all future benefit payments to the existing active members, inactive
members, vested members, annuitants, survivor annuitants, and their
beneficiaries effective upon the withdrawal.
(6)Â
The application has specified a date for the withdrawal to become
effective, provided if there are annuitants and/or survivor annuitants
in active pay status the effective date is the first day of a month
no earlier than the month after which the Board is scheduled to take
action on the withdrawal application.
B.Â
In the event that the City elects to terminate its participation
in the system, a member's basic benefit under this contract shall
be immediately vested to the extent funded as of the effective date
of the withdrawal.
C.Â
In the event the City withdraws from the system, the City shall only
be entitled to the assets credited to the municipal account and the
members' accounts in accordance with the provisions of the PMRL
and policy statements. Assets that are actuarially determined by the
Board's actuary to be matched to the City's annuitants and
survivor annuitants will also be returned to the City in accordance
with the PMRL and policy statements.
A.Â
Receipt. Any filing, election or notice required to be made under
this chapter or the PMRL by a member must be made by written statement,
duly attested, and filed in the office of the Board or deposited in
the United States Mail, addressed to the Board.
B.Â
Timeliness. Subject to any exceptions provided for in the PMRL, the
timeliness of any filing, election or notice required to be made under
this contract or the PMRL to the Board by a member shall be governed
by the actual receipt of the filing, election or notice rather than
the date of mailing.
C.Â
Municipal certifications.
(1)Â
In the event the system receives an application for a benefit
from a member in which certification by the City with regard to the
data used to calculate such benefit is needed but such certification
has not been made by the City, the system shall issue a formal demand
to the City for such certification of the necessary data.
(2)Â
Any certification required to be made by the City with regard
to any application for benefits by a member under this contract shall
be made by the City within 45 days following the date of the system's
formal demand.
(3)Â
Failure of the City to provide such requested certification
within the forty-five-day period shall result in the system utilizing
the most current reliable data maintained by the system for the member.
