City of Coatesville, PA Police Pension Fund

Any member of the Police Pension Commission absent from three or more consecutive regular meetings of the Police Pension Commission without an approved leave of absence granted by the City Council after public hearing and prior written notice thereof shall be removed from the Police Pension Commission by the City Council of the City of Coatesville.

Any member of the Police Pension Commission absent from 20% or more of the regularly scheduled meetings of the Police Pension Commission within any one-year period shall be notified in writing by the City Manager acting on behalf of the City Council of the attendance requirements of this subsection. Any member of the Police Pension Commission who is absent from 20% or more of the regularly scheduled meetings within a one-year period shall thereafter be removed for cause from such position by the City Council with prior written notice after public hearing unless such member resigns in writing or waives the public hearing in writing.

Any member of the Police Pension Commission may be removed for cause as determined by the City Council after public hearing and prior written notice thereof.

The provisions of this subsection shall not preclude the removal of any member of the Police Pension Commission without cause by the City Council when authorized by state law, City Charter or City ordinance.

§ 38-4 Applicability.

This chapter shall apply to all of the members of the Department of Police of the City of Coatesville who are under civil service.

§ 38-5 Payment schedule.

[Amended 10-8-2007 by Ord. No. 1290-2007]

Payments from the pension fund shall be uniform and shall be made according to the following schedule:

To all officers or employees who are retired, annual pensions shall be paid in monthly installments from and after the allowance thereof until the death of the pensioner, as follows:

The basis for the apportionment of the pension shall be at the rate of 50% of the employee's average monthly salary, which is the greater of the highest average annual salary received during any five years of service preceding retirement, or the rate of monthly pay at retirement, computed at each six-month rate, except as to service increments provided for in Subsection A(2) of this section.

Such person shall also receive a service increment in accordance with the provisions of Section 4303(b)(1) through (5) of the Third Class City Code, which shall consist of an additional monthly payment equal to 1/40 times the monthly benefit for each year of service over the minimum service requirement that is rendered before the member reaches age 65, up to a cap of $300 per month, with an employee contribution of $3 per month.

The surviving spouse of a member of the police force or a member who retires on pension dying on or after January 1, 1960, or if there is no surviving spouse or, if such surviving spouse subsequently dies then the child or children under the age of 18 years of a member of the police force or a member who retires on pension dying on or after August 1, 1963, shall, during the lifetime of such surviving spouse or, in the case of a child or children, until reaching the age of 18 years, be entitled to receive 50% of the normal pension benefit the member was receiving or would have been receiving had he or she been retired at the time of his or her death.

[Amended 4-30-2012 by Ord. No. 1382-2012]

Disability pension entitlement.

(a)

Any officer retired due to a total and permanent disability that renders him or her unable to perform his or her duties, which disability is incurred as a direct result of his or her work as a police officer, shall be entitled to receive a monthly benefit of 50% of average monthly salary earned at the time such disability was incurred. The Police Pension Fund shall be subrogated to the right of the disabled member to extent of payments made under the Pennsylvania Workers' Compensation Act[1] or the Enforcement Officer Disability Benefits Law.[2]

Editor's Note: See 77 P.S. § 1 et seq.

[2]

Editor's Note: See 53 P.S. § 637.

(b)

Any officer retired for total and permanent disability that renders the officer unable to perform his or her duties, which disability is not incurred as a direct result of his or her work, shall be entitled to receive disability pension benefits according to the following schedule:

[Amended 3-28-2011 by Ord. No. 1347-2011; 4-30-2012 by Ord. No. 1382-2012]

Any officer with less than 10 years of continuous service retired, for total and permanent disability not incurred in the line of duty as a police officer, shall be entitled to receive a pension of 25% of his or her annual salary.

[2]

Any officer with 10 or more years of continuous service, retired for total and permanent disability not incurred in the line of duty as a police officer, shall be entitled to receive a pension of 50% of his or her annual salary.

(c)

Nonservice disability pension benefits shall be offset by benefits received pursuant to the City's long-term disability plan.

(5)

A member of the force who shall have retired on pension prior to January 1, 1960, shall receive a pension increase of 50%, effective January 1, 1967, but such increased pension shall not exceed, in the aggregate, the pension of a member of the force currently retiring with the same grade and years of service.

§ 38-6 Eligibility of employees for payment.

[Amended 3-25-1996 by Ord. No. 1012-96; 1-24-2000 by Ord. No. 1118-2000; 10-8-2007 by Ord. No. 1290-2007]

Service requirement. Every officer or employee of the Department of Police who shall have served continuously for a period of 20 years shall be entitled to be honorably discharged and retired upon the officer's own request on a pension, the pension to date from the time of approval thereof by the Commission. An officer may purchase retirement credit for up to five years of active military service, which service occurred before his or her employment with the Department of Police. But in order to have such time credited toward his or her service for retirement purposes, the officer will be required to make all employee and City contributions for such purchased service time.

Cost-of-living adjustment.

Upon retirement, officers who were hired prior to January 1, 2002, shall receive an adjustment in their pension annually equal to 3% of their annual pay in their retirement year until they reach a retirement annual benefit equal to 70% of their annual pay in their year of retirement.

Upon retirement, officers who were hired on or after January 1, 2002, shall receive an annual COLA adjustment to their pension effective January 1 of each year, equal to the CPI-W change from December to December 1 of the prior year, but in no event will such COLA adjustment cause the monthly benefit to exceed 50% of the current salary for a patrolman of the highest pay grade.

Vesting and early retirement. All officers shall be fully vested upon completion of 12 years of continuous service. Such officers will be entitled to receive partial, pro-rated pension benefits, to commence when the member would have become eligible for normal retirement.

Miscellaneous. Every such officer or employee retired according to the provisions hereinbefore referred to shall be subject to service from time to time as a police reserve until unfitted for such service. Such reserve officer shall not be required to serve more than four hours per day unless compensation for the excess time at the usual hourly rate as paid to extra police is paid to said reserve officer. Every officer or employee of the Department of Police shall be honorably discharged and retired when he or she shall reach the age of 65 years, provided that this clause requiring compulsory retirement shall not become effective until August 1, 1966. The Commission may have the right, with the approval of Council, on application received, to retire on pension any officer or employee of the Department of Police who shall have served continuously for a period of at least 15 years if (in its opinion and in the opinions of two reputable physicians of the City of Coatesville, one to be selected by the Commission and the other by the applicant, and, in the case of a dispute, a third physician to be selected by the Commission, who shall make a physical examination and file their opinions in writing with the Commission and whose fees shall be paid by the officer or employee asking to be retired) the officer or employee is physically or mentally incapacitated, through injury received or disease contracted while in the actual performance of duty and by reason of the performance of such duty and without fault or misconduct on his or her part, from performing his or her duty in the Department of Police; provided, however, that the Commission shall, on application received or on its own initiative, have the authority to order another examination after the expiration of six months from the date of retirement; and if (in its opinion and in the opinion of two reputable physicians of the City of Coatesville, one to be selected by the Commission and the other by the pensioner, and, in the case of a dispute, a third physician to be selected by the Commission, who shall make the aforesaid examination and file their opinions in writing with the Commission and whose fees shall be paid by the officer or employee seeking to be reinstated or by the Commission if it orders the examination on its own initiative) the disability of the pensioner has been removed, said Commission shall terminate the pension, and the pensioner shall be reinstated as an active member of the Department of Police with the same rank and rating which he or she had upon retirement; provided, however, that the pensioner shall, if reinstated, file with the Commission in a release, duly executed and acknowledged, of any right or claim to the pension during the period which he or she shall serve after such retirement. Suspension from duty for cause (other than misconduct), military or naval service in time of war or in a national or state emergency on behalf of the United States of America or Commonwealth of Pennsylvania shall not affect the continuity of the service. Suspension from duty for misconduct shall not break the continuity of the service, but in such case, the time such officer or employee is suspended shall not be included in the computation of the time of service necessary before a pension can be secured. Service-related and non-service-related injuries shall be compensated as provided in the Third Class City Code.

§ 38-7 Monthly deductions from salaries and compensation; termination of employment; death.

[Amended 1-24-2000 by Ord. No. 1118-2000; 10-8-2007 by Ord. No. 1290-2007]

Each member shall contribute, by way of a monthly payroll deduction, beginning as of the first day of the member's employment as a police officer, a retirement contribution to the fund equal to 5% of the member's annual salary. From time to time, the amount of required contributions may be changed by a resolution of the City Council in accordance with the collective bargaining agreement, which revision shall be based upon actuarial recommendations and shall be a result of collective bargaining negotiations. In addition thereto, each member shall contribute a service increment contribution, by way of a monthly payroll deduction beginning as of the first day of the member's employment and ending as of the month that the member attains age 65, equal to 1/2 of 1% of the member's salary or $3 per month, whichever is less.

[Amended 4-30-2012 by Ord. No. 1382-2012]

If, for any cause, the officer or employee contributing to the pension fund shall cease to be an officer or employee of the Department of Police before he or she becomes entitled to the pension conferred by this chapter or for any other reason shall not be entitled to a pension, then the total amount of his or her contributions shall be refunded in full without interest; provided, however, that if any such officer or employee shall have returned to him or her the amount contributed as aforesaid and shall afterward reenter the employment of such Department, such officer or employee shall not be entitled to the pension designated until 15 or 20 years' service, as the case may be, as set forth in § 38-6 hereof, after said reemployment. In the event of the death of an officer or employee before he or she becomes entitled to the pension aforesaid, the total amount of his or her contribution, without interest, shall be paid, unless otherwise directed by the officer in writing, to the surviving spouse, children, grandchildren or parents, in order, respectively, or if there are no survivors in any of the aforesaid classes, then to the estate of such deceased officer or employee. In the event of the death of a pensioner before he or she has received as much as he or she had contributed, the surplus, without interest, shall be paid, unless otherwise directed by the officer in writing, to the surviving spouse, children, grandchildren or parents, in order, respectively, or if there are no survivors in any of the aforesaid classes, then to the estate of such deceased officer or employee. No officer or employee shall be entitled to a pension who does not make the monthly payment herein required.

§ 38-8 Death benefits; pension not subject to attachment, assignment or transfer.

[Amended 3-24-2003 by Ord. No. 1216-2004; 10-8-2007 by Ord. No. 1290-2007]

The surviving spouse of a member of the police force eligible for retirement or a member who retires on pension dying on or after January 1, 1960, or if there is no surviving spouse or if such surviving spouse subsequently dies, then the child or children under the age of 18 years of a member of the police force eligible for retirement or a member who retires on pension, dying on or after August 1, 1963, shall during the lifetime of such surviving spouse, or in the case of a child or children, until reaching the age of 18 years, be entitled to receive 50% of the normal pension the member was receiving or would have been receiving had he been retired at the time of his death.

The pension herein mentioned shall not be subject to attachment or execution and shall be payable only to the beneficiary or beneficiaries as designated in this chapter and shall not be subject to assignment or transfer.

§ 38-8.1 One-time postretirement adjustment.

[Added 8-12-2002 by Ord. No. 1199-2002]

A one-time postretirement adjustment shall be provided to the eligible retired members of the Police Pension Plan, the eligibility and amount of such adjustment to be as provided in Act 64 of 2002,[1] and such adjustment shall be effective with the first monthly pension benefit paid after June 30, 2002.

Editor's Note: See 53 P.S. § 896.401.

§ 38-8.2 Killed-in-service benefit.

[Added 3-28-2011 by Ord. No. 1347-2011]

In the event that any officer shall die as a result of the performance of his or her duties, which such event is specifically identified and defined in Act 51 of 2009, 53 P.S. § 891 et seq. (hereinafter the "Act"), the City of Coatesville, acting through its City Manager or other authorized representative, shall, within 90 days from the date of death, submit certification of the death to the commonwealth for payment of a killed-in-service benefit as provided in the Act, and benefits shall thereafter be provided by the Commonwealth of Pennsylvania in accordance with the terms of the Act.

These benefits identified under the Act include monthly payments to survivors equal to the monthly salary, adjusted pursuant to the Act, less any workers' compensation or pension or retirement benefits paid to such survivors, until there is no eligible beneficiary to survive them. "Eligible beneficiary" is defined under the Act to mean the surviving spouse or the child or children under the age of 18 years or, if attending college, under the age of 23 years.

A single-sum death benefit is also provided under the Act in the amount of $100,000, adjusted pursuant to the Act, to the parent or parents of the deceased when no spouse or minor children survive.

§ 38-8.3 Adoption of City of Coatesville Police Pension Plan.

[Added 4-30-2012 by Ord. No. 1382-2012]

The City of Coatesville after collective bargaining and approval by its Pension Commission and City Council has adopted the attached City of Coatesville Police Pension Plan which is incorporated herein by reference as though set forth at length.[1] The provisions of this City of Coatesville Police Pension Plan, shall, to the extent of any conflict with any other provisions in the Code be controlling.

Editor’s Note: Said plan is on file in the City offices.

§ 38-8.4 Early retirement window for May 2012.

[Added 4-30-2012 by Ord. No. 1383-2012]

Early retirement pension eligibility. The City will offer an early retirement window period from May 1, 2012, to May 31, 2012, with terms as follows:

Members at superannuation. Active members who have reached superannuation requirements as of May 1, 2012, will be permitted to retire immediately at 70% of their final average salary.

Members with 15 years of service. Active members with at least 15 years of pensionable service time as of May 1, 2012, will be permitted to retire immediately at 50% of their final average salary and will thereafter be eligible for annual COLA adjustments at amounts specified in the CBA.

Pensionable earnings. Pensionable earnings for purposes of calculating the final average earnings of a participant's accrued benefits under the early retirement window is defined as the greater of the participant's current base wage or the five-year consecutive average of the participant's base rate of pay times the number of actual hours worked in each calendar year (divided by five).

[Added 6-11-2012 by Ord. No. 1384-2012]

Post-retirement health care. Members who retire between May 1, 2012, and May 31, 2012, and qualify for the early retirement window shall be entitled to post-retirement health care benefits as follows: The City shall increase its contribution for post-retirement medical benefits from 33.3% or 50% (depending on their eligibility) to 100% for 18 months or until the member is eligible for other health care benefits, whichever occurs first.

Severance and cashout benefits. The following individuals shall be entitled to receive additional severance and leave cashout incentives as described below:[1]

Severance. Severance pay in the amount of $1,750 for each completed year of service at the time of retirement, payable by June 30, 2012.

Leave cashout. One-hundred-percent cashout of all accrued but unused vacation, sick and personal leave at the rate of pay at the time of retirement, payable by December 31, 2012.

Part-time police officers' hourly rate. Part-time police officers shall be paid an hourly rate determined by the City, but in no event shall a part-time officer be paid more per hour than the hourly rate of a full-time officer in the Patrol 1 pay grade.

Part-time officers' rights. Part-time officers shall not be entitled to any benefits or grievance rights in the collective bargaining agreement, unless expressly set forth therein.

(5)

Twenty-five full-time officers to be retained. Full-time sworn officers shall not be reduced below 25 full-time positions.