[HISTORY: Adopted by the Board of Supervisors of the Township
of Lower Paxton 6-16-2009 by Ord.
No. 09-01. Amendments noted where applicable.]
A Length of Service Awards Program (LOSAP) is herewith established
in accordance with provisions of the Second Class Code, in that it
rewards members of the Colonial Park, Paxtonia, and Linglestown Fire
Companies for their loyal, diligent, and devoted volunteer firefighting
services to the residents of Lower Paxton Township; thus providing
for the operation and maintenance of said fire companies, securing
fire protection for the inhabitants of the Township; and thus ensuring
that fire services are provided within the Township by the means and
to the extent determined by the Township, including the appropriate
financial and administrative assistance for these services, as per
consultations with the Township's three Fire Companies.
The LOSAP shall provide for a defined benefit stipend for each
volunteer firefighter and/or fire police officer who meets the criteria
set forth herein; that such benefit shall be provided in accordance
with a plan that shall be established by the Lower Paxton Township;
and that such plan shall be administered in accordance with the U.S.
Internal Revenue Code and this chapter.
All years of service referenced herein shall be calculated on
a calendar-year basis. To receive credit for a year of service as
a volunteer firefighter and fire police officer, the LOSAP plan shall
require that volunteers:
A.
Be members in good standing with Colonial Park, Paxtonia, or Linglestown
Fire Companies and shall meet any additional requirements established
by said fire companies for active membership as a firefighter and/or
a fire police officers.
B.
Meet the qualifications of "active volunteers" as defined by PA Act
66 of 2008, except that said qualification must be earned through
service only to the Colonial Park, Paxtonia, and Linglestown Fire
Companies.
C.
In accordance with PA Act 66 of 2008, earn at least five points in
response to fire and rescue responses.
The LOSAP shall be funded by Lower Paxton Township using proceeds
from its dedicated real estate tax levy for fire protection. The amount
of funding shall be determined by the Board of Supervisors as part
of its budget process for an upcoming fiscal year and in general conformance
with an actuarial valuation for the LOSAP. In no event, shall the
Township's annual allocation of real estate tax revenues to fund
the LOSAP exceed $60,000.
Lower Paxton Township shall cause to be prepared an actuarial
valuation for the LOSAP not less than once every three years. An actuarial
valuation shall also be prepared prior to any amendment of the LOSAP
to determine the effect of the proposed amendment on the financial
status and annual funding of the LOSAP. The cost of preparation of
these referenced actuarial valuations shall be an eligible expenditure
of LOSAP funds held on account by the Township.
The LOSAP shall provide that eligible volunteer firefighters
and fire police officers must be members of the Colonial Park, Paxtonia,
or Linglestown Fire Companies and be between the ages of 18 and 65.
Years of service as a volunteer firefighter and/or fire police officer
before age 18, after age 65, or with a fire company or fire department
not located in Lower Paxton Township shall not shall not be considered
as service time as an eligible volunteer firefighter for purposes
of this LOSAP.
A.
Eligibility shall also include an exception to the age limitation
of 65 as a one-time event limited to individuals with qualifying age
and years of service prior to December 31, 2008, and who attain the
age of 65 on or before December 31, 2012.
The LOSAP shall provide for a monthly stipend of up to $10 per
month, per year of service, to eligible volunteer firefighters and
fire police officers, to a maximum total of up to $250 per month at
a maximum of 25 years of service. In no event shall the maximum benefit
provided to a volunteer firefighter exceed $250 per month.
The LOSAP shall provide for 100% vesting of benefits after completion
of five years of service from the effective date of this chapter and
after attaining age 40. The LOSAP stipend is payable after a firefighter
and/or fire police officer has attained age 65 and has completed five
years of service. The LOSAP stipend shall be payable for the life
of a firefighter and/or fire police officer and shall terminate upon
the member's death.
The LOSAP shall provide for credit of up to 20 years service as an eligible volunteer firefighter and/or fire police officer prior to the establishment of the LOSAP, with said date of establishment being January 1, 2008. Prior years of service credit shall only be provided to firefighters and fire police officers for years before January 1, 2008, that firefighters and fire police officers have met the criteria established in § 128-3 above, as can be demonstrated by the records of the Colonial Park, Paxtonia, and Linglestown Fire Companies, or as can be certified by the Fire Chiefs and Presidents of said Companies, notarized under oath by the Fire Chief, President, and the firefighter and/or fire police officer, based upon the best information that exists at the time of prior years certification. The Fire Chiefs and Presidents of the Colonial Park, Paxtonia, and Linglestown Fire Companies shall furnish to the Township said list of firefighters and fire police officers who have qualified for prior years service credit by no later than March 31, 2009. The Township shall review the certifications of prior years service credit furnished as required herein and approve the certification thereof by no later than May 15, 2009.
In accordance with this chapter the Fire Chiefs and Presidents
of the Colonial Park, Paxtonia, or Linglestown Fire Companies shall
furnish to the Township, notarized under oath, by no later than January
31 of the new year, an annual certification list of all volunteer
firefighters and fire police officers who have qualified for service
credit under the LOSAP for the prior year. In addition, all firefighters
and fire police officers, certified as required herein by their Fire
Chief and President, shall provide a notarized statement indicating
that they have fulfilled the annual LOSAP criteria, as herein stated.
The Township shall review the annual certification lists and individual
firefighter and fire police officer certifications, furnished as required
herein, and approve the final annual certifications by no later than
February 15 of the current year.
The Colonial Park, Paxtonia, and Linglestown Fire Companies
shall create and maintain sufficient records, suitable to the Township
to provide for the maintenance of the LOSAP and to ensure accurate
and complete reporting of firefighter and fire police officer credit
for years of volunteer service.
The Township shall cause to be created a LOSAP fund in which it will deposit its annual LOSAP contribution, as referenced in § 128-4 above. Said LOSAP contribution shall be deposited on account by the Township on or before June 30 of each year. LOSAP funds, once deposited in the LOSAP fund, shall be invested in accordance with the Pennsylvania Fiduciaries Act.
A LOSAP Committee, consisting of six members, is hereby established
and shall be maintained to provide for the review of the LOSAP Program
and to provide advice on the investment of LOSAP funds. Said Committee
shall be composed of the Township's Manager, Public Safety Director,
and Finance Director, and one representative each, appointed by the
Colonial Park, Paxtonia, and Linglestown Fire Companies. The LOSAP
Committee shall serve in a fiduciary capacity to the LOSAP fund and
shall report directly to the Board of Supervisors. The LOSAP Committee
shall meet as needed, but no less frequently then on an annual basis.
The Township's Finance Director shall serve as the chairman of
the LOSAP Committee.
The effective date of this chapter shall be January 1, 2008.
