[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, 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.
[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 or the Social Security Act. 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.
[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.