[Adopted as Article 165 of the Codified Ordinances; amended in its entirety 5-25-2004]
The purpose of this article is to establish
benefits payable to police officers or beneficiaries of police officers
who retire from the Bureau of Police after January 1, 2003. Pension
benefits for retired police officers who retired prior to January
1, 2003, will continue to be determined in accordance with the collective
bargaining agreement in effect as of the date of their retirement.
The purpose is also to establish a funding policy for the Bureau of
Police Officers' Relief.
Whenever used herein, the following terms shall
have the following meanings unless a different meaning is clearly
required by the context or by the Third Class City Code:
Any police officer of the City who is actively employed by,
or on a leave approved by, the Bureau of Police (sometimes referred
to herein as as “approved leave”) and who has Civil Service
status.
The maximum benefit to which an active police officer who
suffers a permanent and total disability shall be entitled upon becoming
disabled, which shall be equal to 1/2 of the active police officer's
compensation at the time of the commencement of the disability, distributed
in equal monthly installments.
The benefits determined in accordance with Schedule A[1] attached to this article based on the active police officer's base rate compensation as of the date of termination, retirement or death as applicable, except as otherwise provided in this article. This definition shall apply to any active police officer who retires after the effective date of this Article as set forth in § 64-15.1.
The active police officer's gross monthly wages, plus longevity pay, (defined in this § 64-2), as an employee of the Bureau of Police, excluding overtime pay and other remuneration, provided that irrespective of his/her actual rank, an active police officer's base rate compensation, as calculated and referenced herein, shall be no less than the lowest base salary for an officer with the rank of Lieutenant. This definition shall apply to all active police officers who retire after the effective date of this article as set forth in § 64-15.1.
The Bureau of Police Officers' Relief for the City of Lancaster.
The Bureau of Police for the City of Lancaster.
The adopted and natural children of members who are under
the age of 18.
The City of Lancaster, Pennsylvania.
The Third Class City Code as amended from time to time. See
53 P.S. § 35101 et seq.
The active police officer's gross monthly wages, plus longevity
pay, earned and received as an employee of the Bureau of Police, excluding
overtime pay and any other remuneration.
Any toxic or medically harmful condition or stimulus to which
an active police officer is liable or is exposed.
The Lancaster City Police Pension Fund.
An additional amount of income added to an active police
officer's gross monthly wages. Longevity pay shall be calculated in
accordance with the provisions of the collective bargaining agreement
in effect at the time of the active police officer's termination of
employment with the Bureau of Police.
Any active police officer or retired police officer.
Any time an active police officer spends in active military
service, prior to initial employment with the Bureau of Police, that
may be purchased and counted toward a twenty-five-years of service
requirement under this article.
Any former active police officer who is receiving benefits
under this article.
The list of active police officers and retired police officers
eligible to receive pension benefits under this article.
A mental or physical impairment which renders an active police officer permanently unable to perform his/her essential duties, as determined in accordance with § 64-9.
The twelve-consecutive-month period ending December 31.
Any former active police officer who is eligible to receive
pension benefits under the code or this article for any reason.
The legal husband or wife of any active police officer, retired
police officer, member suffering from a permanent and total disability,
or pensioner.
The sum of each full year in which an active police officer
is employed by the Bureau of Police and receives compensation for
services as an active police officer, such year to commence on the
first day of employment and each anniversary date thereafter.
[1]
Schedule A is included at the end of this chapter.
[2]
Editor's Note: See 53 P.S. § 39303.
There is hereby established a Bureau to be known
as the "Bureau of Police Officers' Relief." The Bureau shall be composed
of the Mayor, the City Treasurer, the City Controller, three active
police officers to be duly elected by a majority of all active police
officers for three-year overlapping terms, and one retired police
officer on the pension list to be duly elected by a majority of the
retired police officers on the pension list for a two-year term.
The Bureau shall be the custodian of the Fund,
as at present or formerly constituted, and shall have the full and
exclusive power to hold, receive and distribute any funds currently
or subsequently held by the Fund. From the Fund, the Bureau shall
maintain an account which shall be kept invested and to which shall
be added all contributions, additions or income, from any source whatsoever,
for the purpose of providing pension benefits to the police officers
of the City, subject to the requirements of the Code and this article.
Every active police officer shall pay into the
Fund each month an amount of money equal to 5% of his/her base rate
compensation, to be used to provide funds for the payment of benefits
described hereunder and in accordance with the Code.
A.
An active police officer who retires or otherwise
terminates his/her employment as an active police officer upon or
after having completed 25 years of service shall receive from the
Fund for the rest of his/her life his/her base pension benefit commencing
upon his/her retirement or termination.
B.
An active police officer who retires or otherwise terminates his/her employment as an active police officer upon or after having completed at least 20 years of service, but less than 25 years of service, shall receive from the fund for the rest of his/her life his/her base pension benefit commencing at such time as the retired police officer would have completed 25 years of service had he/she worked for the Bureau of Police until such time. Pension benefits under this Subsection B shall be based on the amount of base rate compensation at the time of such retirement or termination of employment.
C.
An active police officer who must retire under § 64-8 (pertaining to compulsory retirement) after having completed less than 25 years of service shall receive from the Fund for the rest of his/her life, commencing at the time of retirement, his/her base pension benefit at the time of compulsory retirement, multiplied by a fraction, the numerator of which is the number of his/her years of service and the denominator of which shall be 25.
D.
If the employment of an active police officer with
less than 20 years of service is terminated for any cause other than
death and such former active police officer or his/her spouse or children
are not entitled to disability benefits under the provisions of this
article, upon written application to the Bureau, there shall be refunded
to such former active police officer (if he/she is then living) or
his/her spouse, if any, or if the member is not living at the time
of such termination or if there is no such spouse, to his/her children,
or if there are no such children, to the member's estate, the net
amount of the member's contributions less the amount of all disability
benefits theretofore paid to the member or his/her spouse or children.
Such refund shall be made upon termination of employment and shall
be determined without interest.
[Amended 7-26-2005 by Ord. No. 14-2005]
Each member entitled to receive pension benefits
hereunder shall be entitled to receive a service increment (in accordance
with and subject to the terms described in the Code), in addition
to his/her monthly pension benefits, equal to 2.5% of the member's
monthly base pension benefit (determined as of the date of termination
of employment, retirement, death or disability as applicable) times
the number of full years of service of such member in excess of 20,
provided that no years of service after the member has reached age
65 shall be counted and provided further that the maximum service
increment payable hereunder shall be $300 per month. Each member under
the age of 65 shall pay into the fund the sum of $3 per month as his/her
contribution toward service increments. Effective January 1, 2005,
the maximum service increment payable hereunder shall be $400 per
month, and each member under the age of 65 shall pay into the fund
the sum of $4 per month as his/her contribution toward service increments.
Effective January 1, 2007, the maximum service increment payable hereunder
shall be $500 per month, and each member under the age of 65 shall
pay into the fund the sum of $5 per month as his/her contribution
toward service increments.
All active police officers shall resign from
the Bureau of Police upon attaining the age of 60 years, provided,
however, that the Chief of Police may continue employment in that
capacity as long as he/she is not a member of the Bureau of Police.
The terms of this section shall be self-executing without any action
on the part of an active police officer who attains the age of 60
years.
[Amended 10-26-2004 by Ord. No. 21-2004]
A.
If any member suffers permanent and total disability
as a result of an injury or injuries, or exposure, incurred in the
line of duty, he/she shall be entitled to receive base disability
benefits which shall be distributed in equal monthly installments,
subject to any set-offs required by law, such as a set-off for workers'
compensation benefits. Such disability benefits shall continue until
the death of the pensioner.
B.
If any active police officer in good standing suffers
permanent and total disability as a result of a mental or physical
condition that was not incurred in the line of duty, he/she shall
be entitled to base disability benefits, multiplied by a fraction,
the numerator of which is the number of his/her years of service and
the denominator of which is 25, but in no event shall this amount
be more than the base disability benefit. Such disability benefits
shall continue until the death of the pensioner.
A.
If an active police officer dies in the line of duty,
a monthly pension benefit shall be paid to his/her spouse as of the
date of death and lasting until the death of the surviving spouse,
which benefit shall be equal to the base pension benefit such active
police officer would have received had he/she retired as of the date
of his/her death, but computed as if the active police officer had
completed 20 years of service.
B.
If, before retirement, an active police officer dies
other than in the line of duty and has completed 20 years of service,
such active police officer's surviving spouse as of the date of death
shall be entitled to receive a monthly pension benefit, as of the
date of death, equal to the base pension benefit the active police
officer would have received had he/she retired as of the date of his/her
death. Such payments shall commence immediately upon the death of
the active police officer and continue until such spouse's death.
C.
If an active police officer dies other than in the
line of duty, prior to completing 20 years of service, such active
police officer's surviving spouse as of the date of death shall receive
a monthly pension benefit equal to a percentage, as determined from
the following table, of the base pension benefit the active police
officer would have received had he/she retired as of the date of death
and had completed 20 years of service.
|
Years of Service
|
Percentage of Member's Base Pension Benefit
Receivable
| |
|---|---|---|
|
Less than 5
|
0
| |
|
5
|
12 1/2
| |
|
6
|
15
| |
|
7
|
17 1/2
| |
|
8
|
20
| |
|
9
|
22 1/2
| |
|
10
|
25
| |
|
11
|
27 1/2
| |
|
12
|
30
| |
|
13
|
32 1/2
| |
|
14
|
35
| |
|
15
|
37 1/2
| |
|
16
|
40
| |
|
17
|
42 1/2
| |
|
18
|
45
| |
|
19
|
47 1/2
| |
|
20
|
100
|
D.
If a former active police officer dies other than
in the line of duty, and has completed at least 20 years of service
but is not a pensioner at the time of his/her death, such former active
police officer's surviving spouse as of the date of death shall be
entitled to receive a monthly pension benefit, as of the date of death,
equal to the base pension benefit the former active police officer
would have received had he/she lived until that date when he/she would
have attained 25 years of service had he/she worked for the Bureau
of Police until such time.
E.
If a pensioner dies, his/her surviving spouse shall
receive a monthly benefit equal to the monthly benefit the pensioner
was collecting as of the date of his/her death for the surviving spouse's
lifetime, provided that said spouse was married to the pensioner for
each day in the period beginning on the date which is one year prior
to separation from service with the Bureau of Police and ending on
the pensioner's death.
F.
Subject to Subsection G, if a member dies under circumstances described in Subsections A through D of this § 64-10 and leaves no surviving spouse eligible for benefits or a surviving spouse who is eligible for benefits under this § 64-10 but who later dies, a monthly pension benefit shall be paid to the legal guardian of or for the benefit of the member's surviving children who are under the age of 18 in equal shares, which payments shall continue until the youngest such child attains the age of 18, which benefits shall be equal to the benefits the surviving spouse would have received under this § 64-10 had he/she been eligible for benefits.
G.
If a former active police officer, while receiving disability benefits under § 64-9A, dies as a result of injuries or exposure incurred other than in the line of duty, and leaves no surviving spouse eligible for benefits or a surviving spouse who is eligible for benefits under this § 64-10 but who later dies or remarries, a monthly pension benefit shall be paid to the legal guardian of or for the benefit of the former active police officer's surviving children who are under the age of 18 in equal shares, which payments shall continue until the youngest such child attains the age of 18, which benefits shall be equal to the benefits the surviving spouse would have received under this § 64-10 had he/she been eligible for benefits and not died or remarried.
H.
If a member dies and leaves no survivors who are eligible
for pension benefits, the deceased member's estate shall receive from
the Bureau, an amount equal to that which the deceased member has
contributed to the Fund, without interest, less the amount which the
deceased member has actually received from the Fund.
I.
If an active police officer in good standing, who
has not been placed on the pension list of this Bureau, dies other
than in the line of duty as an active police officer, the Bureau shall
pay to his/her heirs or appointees, the sum of $1,000, provided such
active police officer shall have completed 25 years of service at
the time of his/her death. If, at the time of death, the deceased
active police officer shall have completed less than 25 years of service,
the amount to be paid to such heirs or appointees will be an amount
determined by multiplying $1,000 by a fraction, the numerator of which
shall be the number of his/her years of service and the denominator
of which shall be 25. Notwithstanding the foregoing, in no event shall
the sum payable to such heirs or appointees be less than $150, or
the amount contributed by such active police officer to the Fund during
his employment with the Bureau of Police, whichever is greater.
K.
The survivor benefits described in the provisions of this § 64-10A through J shall only apply to those members who are active police officers as of January 1, 2003. The survivor benefit received by the spouse or children of any former active police officer or pensioner as of January 1, 2003, will be determined pursuant to the provisions of the prior § 64-7 that was in effect as of the date of his/her retirement.
An active police officer may purchase, through
payroll deduction, all or part of his/her military buy-back time after
completing 15 years of service. Military buy-back time will be credited
toward the completion of any 25 years of service requirement under
this article upon such active police officer's contribution to the
Fund the amount required in accordance with Subsection B. Military
buy-back time may only be used after completing 20 years of service.
An active police officer may purchase back no more than five years
of military service. If an active police officer elects to purchase
his/her military buy-back time:
A.
Military buy-back time may be repurchased under this
section only if the active police officer elects to exercise such
right in a writing delivered to the Bureau (if the Bureau has published
forms for such use, such election must be set forth in and be made
in accordance with such forms.)
B.
The purchase price of military buy-back time shall
be equal to the product of 10% of a Lieutenant's salary times each
year of military buy-back time, or portion thereof rounded to the
lowest whole month, being purchased, plus interest at the rate of
6% per annum, compounded annually, from each year of military service
to the date of payroll deduction for its purchase from the Bureau;
C.
Payment of such purchase price shall be made through
payroll deductions until fully repaid (subject to the right of the
active police officer to prepay at any time without prepaying interest);
D.
The active police officer must purchase the most recent
years of military service first if the active police officer is buying
back only a portion of his/her total military service.
A.
All applications for death benefits or disability
benefits shall be submitted to the Secretary of the Bureau in writing
within 30 days after the death of the member or Pensioner with respect
to whom benefits are sought, or 12 months after the commencement of
the permanent and total disability.
B.
All applications for benefits shall be accompanied
by competent proof of all facts reasonably necessary for the determination
of the fact of entitlement to the benefit and the persons entitled
to receive the benefit in accordance with this section.
C.
The following rules shall apply to all applications for disability benefits under § 64-9 or death benefits under § 64-10 on account of injuries or exposure in the line of duty.
(1)
The City Council of the City (the "City Council")
shall determine all applications for such disability benefits or death
benefits. Except as otherwise ordered by the City Council, the Bureau
shall act as the agent of the City Council in such proceedings, shall
review all medical reports and other documentary evidence presented
by the claimant in the matter and shall render to the City Council
its recommendation for a determination of the matter. The City Council
may accept or reject the recommendation of the Bureau or may call
for more evidence on some or all of the issues involved.
(2)
The claimant shall have the burden of proving:
(a)
That the injury, injuries, exposure or death
in question were incurred in the line of duty,
(c)
By competent medical evidence, (within the meaning
of Section 39303.2 of the Code[2]) that the injury or exposure in question either in the case of a claim for disability benefits under § 64-9, caused the permanent and total disability of the active police officer, or in the case of a claim for death benefits under § 64-10, caused the death of the active police officer or former active police officer,
[2]
Editor's Note: See 53 P.S. § 39303.2.
(d)
All other pertinent requirements for entitlement
to the benefit in question, including, but not limited to, in the
case of an application for death benefits, all requisite marital or
familial relationships to the deceased active police officer or former
active police officer.
D.
The City Council (or the Bureau on its behalf) may
require, at the expense of the Bureau, that the active police officer
be examined by one or more physicians designated by the City Council
or the Bureau (as the case may be), whose findings may be introduced
in the application proceedings.
E.
All elements for entitlement to benefits must be proven
by a preponderance of the evidence.
F.
If the City Council rejects a claim for benefits,
the claimant may require that a hearing be held before City Council
with respect to the claim. Hearings and appeals on such issues shall
be conducted in accordance with the practice and procedure set forth
in of the Code,[3] the provisions of Title 2 of the Pennsylvania Consolidated
Statutes as applicable to local agencies and all rules and regulations
for such hearings and appeals promulgated by the City from time to
time.
[3]
Editor's Note: See 53 P.S. § 39303.2.
All benefits payable and funds disbursed by
the Bureau shall be paid by check signed by the City Treasurer on
orders drawn by the Bureau, signed by the Mayor and a majority of
the members of the Bureau.
Every two years, the City shall hire a qualified
actuary to prepare an actuarial report that will determine the pension
costs in the form of a normal cost and an unfunded past service liability.
A.
Such actuary shall also determine the incremental
normal cost and the incremental unfunded past service liability with
respect to any benefit supplements, improvements or increases.
B.
An actuarial review shall be prepared as of January
1 of each year and shall be submitted to the officer of the City responsible
for preparing the budget by November 1 of each year.
C.
The Fund will at all times be consistent with the
Code to the extent applicable, as amended by the Municipal Pension
Plan Funding Standard and Recovery Act, 53 P.S. § 895.101
et seq.
All funds, assets and securities now and heretofore
held and administered by the Bureau known as the "Bureau of Police
Officers' Relief" shall be held and administered by the Bureau as
part of the Fund in accordance with the provisions of this article.
This article shall become effective upon signature
by the Mayor of the City of Lancaster and attestation by the Clerk
of the City of Lancaster and approval of the Lancaster City Council.
