[Adopted 2-10-1958 by Ord. No. 478 (Ch. 29 of the 1986 Code)]
This article shall be known and may be cited as "Narberth Borough Police Pension Ordinance."
Municipal Police Pension Fund is hereby established for the Borough of Narberth pursuant to Act No. 600, approved May 29, 1956, as amended by Act No. 358, approved July 10, 1957,[1] to be maintained by:
A. 
A charge against each member of the police force.
B. 
Annual appropriations by the Borough.
C. 
Payments made by the State Treasurer to the Borough Treasurer from the moneys received from taxes paid upon premiums by foreign casualty insurance companies for purposes of pension retirement for policemen.
D. 
Gifts, grants, devises or bequests granted to this Police Pension Fund.
[1]
Editor's Note: See 53 P.S. §§ 767 and 778.
[Amended 8-11-1997 by Ord. No. 840]
The Municipal Police Pension Fund created by this article shall be managed and administered by three individual trustees to be appointed by Council. Initially, one trustee shall be appointed to serve for one year, one for two years and one for three years. Thereafter, each trustee shall be appointed for a three-year term. The three trustees may, with the approval of Council, appoint such persons or corporate fiduciaries as they deem necessary to manage, administer, maintain and invest the Police Pension Fund. The trust shall be managed and administered under an appropriate deed of trust to be prepared by the Borough Solicitor and approved by the Borough Council. The Borough Manager shall serve as the chief administrative officer of the Police Pension Fund.
[Amended 12-9-1968 by Ord. No. 579; 2-11-1985 by Ord. No. 747; 8-13-2007 by Ord. No. 927; 4-21-2021 by Ord. No. 1032]
A. 
An officer shall be eligible to retire when the officer attains the age of 53 years and 25 years of service.
B. 
As provided in the Act 24 Amendments to Act 600, an officer may retire after 20 years of service, regardless of age. Upon that event, the amount of the pension is to be computed in accordance with the vesting and actuarial reduction requirements of Act 600. Upon retirement after 20 years of service, nonmedical retirement benefits (e.g., life insurance) shall begin as of the time of retirement. However, hospital and medical insurance coverage for both the officer and the officer’s family, in effect as of the date of retirement, are subject to the same conditions as apply to medical benefits provided for age and service (superannuation) retirements. The receipt of Borough medical benefits shall be deferred until the date that would have represented the officer's normal (superannuation) retirement date. The pension plan and related ordinances shall be amended as necessary to accommodate this agreement.
C. 
Each police officer's pension shall become vested upon the completion of the officer’s 12th year of service. The payment to be paid at normal retirement and determined by applying the percentage that years of actual service bears to the years of service required to reach normal retirement to the gross pension.
D. 
In the event that an officer, who is retired and is receiving a pension, dies, leaving a spouse to survive the officer, said spouse shall be paid 1/2 of the deceased officer's pension until the spouse’s death. If, upon the death of said spouse (or upon the death of the officer if no spouse survives), a natural or adopted child or children of said officer survive, said 1/2 of the deceased officer's pension shall be paid jointly to, or for the benefit of, such child or children until such time as each such child shall attain the age of 18 years and, if attending college, each child under or attaining the age of 23 years. The phrase "attending college" shall mean the eligible child is registered at an accredited institution of higher learning and is carrying a minimum course load of seven credit hours per semester. Payments for the benefit of a child or children under the age of 18 years may be made by the Borough or its authorized representatives without the intervention of a guardian, and the receipt of such person as may be selected by the Borough or its authorized representatives to disburse the same shall be sufficient acquittance.
E. 
In cases where an officer has attained the age and required years of necessary service to be eligible for retirement, but who dies prior to actual retirement, the officer’s spouse, or if no spouse survives or if the spouse survives and subsequently dies, then the child or children of the officer, natural or adopted, under the age of 18 years and, if attending college, each child under or attaining the age of 23 years, shall jointly receive a pension calculated at the rate of 50% of the pension which said officer would have received had the officer been retired at the time of the officer’s death. The phrase "attending college" shall mean the eligible child is registered at an accredited institution of higher learning and is carrying a minimum course load of seven credit hours per semester.
F. 
In cases where an officer dies after the officer’s pension has vested but before attaining the age and required years of necessary service to be eligible for retirement, the officer’s spouse, or if no spouse survives or if the spouse survives and subsequently dies, then the child or children of the officer, natural or adopted, under the age of 18 years and, if attending college, each child under or attaining the age of 23, shall jointly receive a pension calculated at the rate of 50% of the pension which said officer would have received had he been vested at the time of the officer’s death. This vested pension shall be payable as of the date the officer would have received the vested pension had the officer survived (i.e., the officer’s normal retirement date). The phrase "attending college" shall mean the eligible child is registered at an accredited institution of higher learning and is carrying a minimum course load of seven credit hours per semester. In the alternative, the survivor(s) may elect to receive payment of all money which the member invested in the pension fund, plus interest or other increases in value of the member's investment in the pension fund.
G. 
In cases where an officer dies before the officer’s pension has vested, the survivor(s) shall receive repayment of all money which the member invested in the pension fund, plus interest or other increases in value of the member's investment in the pension fund.
H. 
In the event that an officer is killed in the line of duty, leaving a spouse to survive the officer, said spouse shall be paid a pension until the spouse’s death. If upon the death of said spouse (or upon the death of the officer if no spouse survives), a natural or adopted child or children of said officer under the age of 18 years survives, said pension shall be paid to, or for the benefit of, such child or children until such time as each such child shall attain the age of 18 years. Payments for the benefit of a child or children under the age of 18 years may be made by the Borough or its authorized representatives without the intervention of a guardian, and the receipt of such person as may be selected by the Borough or its authorized representatives to disburse the same shall be sufficient acquittance. The pension paid to survivors of an officer killed in the line of duty shall be equal to 65% of the officer's monthly average salary for the last 36 consecutive months of employment, including in such computation, inter alia, all monies paid to the officer for overtime, holiday, longevity and shift differential pay. In the alternative, should benefits computed pursuant to Act 30 result in a greater benefit to the officer, then the survivor(s) may elect to receive the killed-in-service benefit as defined by the amendments to Act 600 (the Municipal Police Pension Act) as contained in Act 30 of 2002 (100% of the officer's salary at the time of death).
[Amended 4-21-2021 by Ord. No. 1032]
Any member of the police force who has been in regular service in the force at least six months and who thereafter enters the military service of the United States shall have credited to the member’s employment record for pension benefits all of the member’s time in military service if the member returns to the member’s employment within six months after the member’s separation from military service.
Payments made under the provisions of this article shall not be a charge on any other fund in the treasury of the Borough or under its control save this Police Pension Fund.
[Amended 3-12-1973 by Ord. No. 630; 2-11-1985 by Ord. No. 747]
The basis for determining any retirement pension payable under this article, following the retirement or eligibility for retirement of any member of the police force meeting the service and age qualifications herein specified, shall be as follows: Monthly pension benefits shall be 1/2 the monthly average salary of such member during the last 36 consecutive months of employment, including in such computation all moneys paid to such member, such as overtime, holiday, longevity and shift-differential pay. Such pension benefits for any month shall be computed as the sum of:
A. 
Any eligible pension benefit provided by the Lower Merion Township Police Pension Association (a private nonprofit organization duly incorporated by decree of the Court of Common Pleas of Montgomery County on April 12, 1924) as defined in Act No. 600 of the General Assembly, enacted May 29, 1956, as amended (53 P.S. § 767 et seq.).
B. 
Seventy-five per centum of the full social security old-age insurance benefit, calculated in accordance with the provisions of the federal social security laws, for which the officer may be eligible because of age. For officers who retire on or after January 1, 1995, and through December 31, 1998, the offset against pension payments for social security benefits shall be reduced from 75% to 50%. For officers who retire on or after January 1, 1999, and through December 31, 1999, the offset against pension payments for social security benefits shall be reduced from 50% to zero.
[Amended 8-11-1997 by Ord. No. 840]
C. 
Benefits from the Police Pension Fund created by this article to the extent necessary to bring the total benefits in any month up to 1/2 the aforesaid monthly average salary.
[Amended 2-11-1985 by Ord. No. 747; 8-11-1997 by Ord. No. 840]
The Borough shall retain an actuary at fees to be determined from time to time by the Council. The actuary shall determine the present value of the liability for the pensions payable under § 99-7 hereof to police officers for service prior to the effective date of this article. The unfunded liability for the past service cost shall be paid entirely by the Borough; provided, however, that it may be funded over a period not to exceed 25 years. The actuary shall also determine the amount which shall be contributed annually to the fund for the service of police officers subsequent to the establishment of the fund (the future service cost).
Members of the police force shall pay into this Police Pension Fund monthly an amount to be determined annually by a resolution of Council, but which shall not be less than 2% nor more than 5% of the monthly compensation on which social security allowances are payable and shall not be less than 5% nor more than 8% of any monthly compensation in excess of that on which social security allowances are payable, less a credit for the amount of the monthly dues paid by the police officers to the Lower Merion Police Pension Association. The Borough Secretary is hereby authorized to establish a system of payroll deductions necessary for the administration of the fund. The remainder of the needed annual contribution as determined by the actuary shall be paid to the fund by the Borough by annual appropriations.
Payments by the State Treasurer to the Borough Treasurer from taxes paid upon premiums by foreign casualty insurance companies for pensions for police officers shall be applied as follows:
A. 
To reduce the unfunded past service liability, and, after such liability has been funded,
B. 
To reduce the annual obligation of the Borough for future service cost, or, to the extent that the payment may be in excess of such obligation,
C. 
To reduce the contributions of police officers.
Contributions by policemen to Lower Merion Township Police Pension Association may be continued; provided, however, that no Borough funds received from the State Treasurer, as aforesaid, shall be paid to the said Association.
[Amended 4-21-2021 by Ord. No. 1032]
Any member of the police force who for any reason shall be ineligible to receive a pension hereunder after having contributed to this Police Pension Fund shall be entitled to a refund of all such moneys paid by the member into the fund immediately upon discontinuance of the member’s employment with the police force. If such discontinuance is due to death, such moneys shall be paid to the member’s designated beneficiary or to the member’s estate.
[Amended 8-11-1997 by Ord. No. 840; 4-21-2021 by Ord. No. 1032]
The pensions herein provided for shall not be subject to attachment, execution, levy, garnishment or other legal process, and shall be payable only to the member or the member’s designated beneficiary and shall not be subject to assignment or transfer.
[Amended 8-11-1997 by Ord. No. 840]
The expenses of management and administration of the fund, including the expenses of the trustees and the actuaries, may be paid from the fund.
[Added 8-11-1997 by Ord. No. 840; amended 4-21-2021 by Ord. No. 1032]
In the event that an officer shall suffer a permanent, total service-connected disability on or after January 1, 1989, the officer shall receive a disability pension equal to 100% of the officer’s base salary on the date such disability is determined, less any amount awarded to such officer for such disability under the Pennsylvania Workers Compensation Act[1] or the Social Security Act.[2] The officer shall apply promptly for all possible benefits that may be due to the officer following the officer’s disability. This disability benefit shall continue until the death of the officer and shall be in lieu of any superannuation retirement benefit.
[1]
Editor's Note: See 77 P.S. § 1 et seq.
[2]
Editor's Note: See 42 U.S.C.A. § 1305 et seq.
[Added 8-11-1997 by Ord. No. 840]
All officers who retire on or after January 1, 1992, shall receive a cost of living increase after retirement (whether for service or disability); provided, however, that such cost of living increase shall not exceed the percentage increase in the Philadelphia Area Consumer Price Index from the year in which the police officer last worked; provided that in no case shall the total police pension benefits exceed 75% of the salary for computing retirement benefits; and provided further, that the total cost of the increase shall not exceed 30%. No cost of living increase shall be granted which would impair the actuarial soundness of the fund.
[Added 8-11-1997 by Ord. No. 840]
This article is intended to be not in conflict with the Municipal Police Pension Law of Pennsylvania, Act of May 29, 1956 (1955 P.L. 1804, No. 600), as amended, the provisions of this article are severable, and if any section, sentence, clause, part or provision hereof shall be held illegal, invalid or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect or impair the remaining sections, sentences, clauses, parts or provisions of this article. It is hereby declared to be the intent of Council that this article would have been adopted as if such illegal, invalid or unconstitutional section, sentence, clause, part or provision had not been included herein.