Chapter 30A, Pensions

[HISTORY: Adopted by the Borough Council of the Borough of Harveys Lake as indicated in article historis. Amendments noted where applicable.] Amended by Ord. 2-2014 and passed on the 19th day of August, 2014 which follows this ordinance.

GENERAL REFERENCES
Other employee benefits -- See Ch. 14.
Police Department -- See Ch. 33.
Social security -- See Ch. 39.

ARTICLE I, Police Pension Plan [Adopted 9-7-1978 by Ord. No. 6-78]

CODE OF THE BOROUGH OF HARVEYS LAKE, PENNSYLVANIA, v1 Updated 02-01-2009 / THE CODE / Chapter 30A, PENSIONS / ARTICLE 1, Police Pension Plan [Adopted 9-7-1978 by Ord. No. 6-78]

§ 30A-1. Establishment.
A Police Pension Plan is hereby established pursuant to the Act of May 29, 1956, P.L. 1804, as amended, (53 P.S. § 676 et seqEN(i)). Such fund shall be under the direction of the Borough of Harveys Lake and shall be applied under such regulations as the Borough of Harveys Lake may prescribe.

CODE OF THE BOROUGH OF HARVEYS LAKE, PENNSYLVANIA, v1 Updated 02-01-2009 / THE CODE / Chapter 30A, PENSIONS / ARTICLE I, Police Pension Plan [Adopted 9-7-1978 by Ord. No 6-78] / § 30A-2. Eligibility for participation.

§ 30A-2. Eligibility for participation.
Each full-time policeman now or hereafter employed by the Borough of Harveys Lake shall be eligible to participate and shall be a participant in the Police Pension Plan.

CODE OF THE BOROUGH OF HARVEYS LAKE, PENNSYLVANIA, v1 Updated 02-01-2009 / THE CODE / Chapter 30A, PENSIONS / ARTICLE I, Police Pension Plan [Adopted 9-7-1978 by Ord. No 6-78] / § 30A-3. Age and service requirements.

§ 30A-3. Age and service requirements.
Each participant who has been in the employ of the Borough of Harveys Lake as a police officer for 25 years in the aggregate and who has attained the age of 55 years may retire and shall, upon his actual retirement from his employment with the Borough of Harveys Lake, be entitled to receive pension or retirement benefits as are hereinafter provided.EN

CODE OF THE BOROUGH OF HARVEYS LAKE, PENNSYLVANIA, v1 Updated 02-01-2009 / THE CODE / Chapter 30A, PENSIONS / ARTICLE I, Police Pension Plan [Adopted 9-7-1978 by Ord. No 6-78] / § 30A-4. Contribution rate.

§ 30A-4. Contribution rate.
Members shall pay into the fund, monthly, an amount equal to 5% on all compensation.

CODE OF THE BOROUGH OF HARVEYS LAKE, PENNSYLVANIA, v1 Updated 02-01-2009 / THE CODE / Chapter 30A, PENSIONS / ARTICLE I, Police Pension Plan [Adopted 9-7-1978 by Ord. No 6-78] / § 30A-5. Retirement or pension benefits

§ 30A-5. Retirement or pension benefits.
A. The pension or retirement benefits shall be payable during the balance of the participant's life following actual retirement and after fulfillment of the age and service requirements set forth above. The monthly benefit shall be a sum equal to 1/2 of the average monthly salary of the participant during the last 36 months of his employment.
B. Such pension or retirement benefits shall be payable from the assets of the fund established pursuant to this article, and the pension or retirement benefit shall be computed as the sum of:

(1) All pension benefits from pension plans heretofore established by a private organization or association for the member of the police force, but only to the extent that the commonwealth or any of its municipalities shall have contributed pension plan moneys raised by taxation: and
(2) Benefits from the Police Pension Fund hereby established to the extent necessary to bring the total benefits in any month to 1/2 of the aforesaid monthly average salary.

CODE OF THE BOROUGH OF HARVEYS LAKE, PENNSYLVANIA, v1 Updated 02-01-2009 / THE CODE / Chapter 30A, PENSIONS / ARTICLE I, Police Pension Plan [Adopted 9-7-1978 by Ord. No 6-78] / § 30A-6. Disability benefits.

§ 30A-6. Disability benefits.
A. In the event that a contributing member of the pension plan established by this article, under the age of 55 years, suffers a total and permanent disability, such member shall become eligible for a monthly disability pension as set forth below:

(1) If the disability is service connected, then monthly total and permanent disability pension payments shall be set at 50% of the average monthly salary of the disabled member during the 36 months of employment next preceding the date of such disability, or such shorter period as necessary.
(2) If the disability is not service connected, and the contributing member of the pension plan established under this chapter has 10 years or more of service to this municipality, then monthly total and permanent disability pension payments shall be set at 30% of the average monthly salary of the disabled member during the 36 months of employment next preceding the date of such disability, or such shorter period as necessary.
B. Qualifications and definitions.
(1) Such disability benefits shall commence when such member or participant has been totally and permanently disabled.
(2) The phrase "total and permanent disability" shall mean a physical or mental condition of a participant which qualifies him to receive disability benefits under social security and incapacitation to such a degree that the member is unable to engage to gainful employment.
(3) The phrase "service-connected disability" means total and permanent disability of a member resulting from a condition arising out of and incurred in the course of his employment as a police officer of this municipality and which is compensable under the Act of June 2, 1915, P.L. 736, No. 338, known as the "Pennsylvania Workmen's Compensation Act,"EN or the Act of June 21, 1939, P.L. 566, No. 284, known as the "Pennsylvania Occupational Disease Act."EN
(4) The disability allowance will be reduced by any amount that the member may be eligible to receive in the form of payments under the Pennsylvania Workmen's Compensation Act or the Pennsylvania Occupational Disease Act.
(5) Members receiving disability allowances are required to submit to periodic examinations by a physician in order to retain their right to the disability allowance.

CODE OF THE BOROUGH OF HARVEYS LAKE, PENNSYLVANIA, v1 Updated 02-01-2009 / THE CODE / Chapter 30A, PENSIONS / ARTICLE I, Police Pension Plan [Adopted 9-7-1978 by Ord. No 6-78] / § 30A-2. Eligibility for participation.

§ 30A-7. Return of member contributions.
Any member of the police force who, for any reason whatsoever, shall be ineligible to receive a pension after having contributed any charges to a Police Pension Fund established pursuant to the provisions of the Act of May 29, 1956, P.L. 1804, or to a Police Pension Fund existing on the effective date of this article supplanted by a Police Pension Fund established pursuant to the provisions of this article, shall be entitled to a refund of all such moneys paid by him into such fund, plus interest earned on such moneys calculated at the rate of 5 1/2%, immediately upon discontinuance of his employment with the police force. If such discontinuance is due to death, a refund of such moneys with interest, as determined above, shall be made to his designated beneficiary or, in the absence thereof, to his estate.

CODE OF THE BOROUGH OF HARVEYS LAKE, PENNSYLVANIA, v1 Updated 02-01-2009 / THE CODE / Chapter 30A, PENSIONS / ARTICLE I, Police Pension Plan [Adopted 9-7-1978 by Ord. No 6-78] / § 30A-9. Allocation of commonwealth funds.

§ 30A-8. Allocation of commonwealth funds.
The payments of the State Treasurer to the Borough of Harveys Lake Treasurer from the moneys received from taxes paid upon the premiums of foreign casualty insurance companies for purposes of pension retirement shall be used in the following order:
A. To reduce the unfunded liability, if any.
B. To apply against the annual obligation of the Borough for future service costs, or to the extent that the payment may be in excess of such obligation.
C. To reduce member contributions.

CODE OF THE BOROUGH OF HARVEYS LAKE, PENNSYLVANIA, v1 Updated 02-01-2009 / THE CODE / Chapter 30A, PENSIONS / ARTICLE I, Police Pension Plan [Adopted 9-7-1978 by Ord. No 6-78] / § 30A-9. Reduction or elimination of member contributions.

§ 30A-9. Reduction or elimination of member contributions.
The monthly contributions of the participants may be reduced or eliminated if an actuarial study annually indicates that such reduction or elimination for that year will not adversely affect the actuarial soundness of the fund. If the actuarial study so indicates, the reduction or elimination shall be effected by an annual ordinance, and it shall be effective for one year. No reduction or elimination shall be made if any contributions by the Borough of Harveys Lake will be required to keep the pension fund actuarially sound.

CODE OF THE BOROUGH OF HARVEYS LAKE, PENNSYLVANIA, v1 Updated 02-01-2009 / THE CODE / Chapter 30A, PENSIONS / ARTICLE I, Police Pension Plan [Adopted 9-7-1978 by Ord. No 6-78] / § 30A-10. Gifts.

§ 30A-10. Gifts.
The Borough of Harveys Lake shall be authorized to take, by gift, grant, devise or bequest, any money or property, real, personal or mixed, in trust, for the benefit of such fund, and the care, management, investment and disposal of such trust funds or property shall be vested in the Borough of Harveys Lake, and said trust funds shall be governed thereby, subject to such directions not inconsistent therewith as the donors of such funds and property may prescribe.

CODE OF THE BOROUGH OF HARVEYS LAKE, PENNSYLVANIA, v1 Updated 02-01-2009 / THE CODE / Chapter 30A, PENSIONS / ARTICLE I, Police Pension Plan [Adopted 9-7-1978 by Ord. No 6-78] / § 30A-11. Benefits not subject to legal precess.

§ 30A-11. Benefits not subject to legal process.
The pension payments, 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 his designated beneficiary and shall not be subject to assignment or transfer.

CODE OF THE BOROUGH OF HARVEYS LAKE, PENNSYLVANIA, v1 Updated 02-01-2009 / THE CODE / Chapter 30A, PENSIONS / ARTICLE I, Police Pension Plan [Adopted 9-7-1978 by Ord. No 6-78] / § 30A-12. Administration expenses.

§ 30A-12. Administration expenses.
The expenses of administering this article, including the compensation of an actuary and the custodian of the fund, exclusive of the payments of retirement allowance shall be paid by the Borough of Harveys Lake by appropriations made by the Borough of Harveys Lake.

CODE OF THE BOROUGH OF HARVEYS LAKE, PENNSYLVANIA, v1 Updated 02-01-2009 / THE CODE / Chapter 30A, PENSIONS / ARTICLE I, Police Pension Plan [Adopted 9-7-1978 by Ord. No 6-78] / § 30A-13. Election to join Pennsylvania Municipal Retirement System.

§ 30A-13. Election to join Pennsylvania Municipal Retirement System.
The Borough of Harveys Lake hereby elects to join the Pennsylvania Municipal Retirement System established by the Pennsylvania Municipal Retirement Law under Article IV, Act 15 of 1974, as amended, and does hereby agree to be bound by all the requirements and provisions of said Pennsylvania Municipal Retirement Law and the amendments thereto and to assume all obligations, financial and otherwise, placed upon member municipalities by said Pennsylvania Municipal Retirement Law and the amendments thereof.

CODE OF THE BOROUGH OF HARVEYS LAKE, PENNSYLVANIA, v1 Updated 02-01-2009 / THE CODE / Chapter 30A, PENSIONS / ARTICLE I, Police Pension Plan [Adopted 9-7-1978 by Ord. No 6-78] / § 30A-14. Credit for prior service.

§ 30A-14. Credit for prior service.
Credit for prior service toward the municipal annuity of each original member shall be for all years of service of the Borough of Harveys Lake. The Borough of Harveys Lake does hereby assume the liability for payment of 100% of the original member's contributions for all years of service towards the original member's annuity for the prior service of each original member.

CODE OF THE BOROUGH OF HARVEYS LAKE, PENNSYLVANIA, v1 Updated 02-01-2009 / THE CODE / Chapter 30A, PENSIONS / ARTICLE I, Police Pension Plan [Adopted 9-7-1978 by Ord. No 6-78] / § 30A-15. Filing.

§ 30A-15. Filing.
A duly certified copy of this article shall be filed with the Pennsylvania Municipal Retirement Board of the Commonwealth of Pennsylvania, and membership under Article IV for the Borough of Harveys Lake in the Pennsylvania Municipal Retirement System shall be effective 60 days after enactment.

CODE OF THE BOROUGH OF HARVEYS LAKE, PENNSYLVANIA, v1 Updated 02-01-2009 / THE CODE / Chapter 30A, PENSIONS / ARTICLE I, Police Pension Plan [Adopted 9-7-1978 by Ord. No 6-78] / § 30A-16. Indemnification.

§ 30A-16. Indemnification.
The Borough of Harveys Lake agrees to indemnify and hold harmless the Pennsylvania Municipal Retirement Board from all causes of action brought by or on behalf of any policeman whose pension rights have vested under previous pension plans adopted by the Borough Council of Harveys Lake. This provision shall be void if the Pennsylvania Municipal Retirement Board elects in writing to extend coverage under this chapter to said policeman.

ORDINANCE NO. 2-2014

AN ORDINANCE OF HARVEYS LAKE BOROUGH, LUZERNE COUNTY, COMMONWEALTH OF PENNSYLVANIA, ELECTING TO AMEND ITS POLICE PENSION PLAN ADMINISTERED BY THE PENNSYLVANIA MUNICIPAL RETIREMENT SYSTEM PURSUANT TO ARTICLE IV OF THE PENNSYLVANIA MUNICIPAL RETIREMENT LAW; AGREEING TO BE BOUND BY ALL PROVISIONS OF THE PENNSYLVANIA MUNICIPAL RETIREMENT LAW AS AMENDED AND AS APPLICABLE TO MEMBER MUNICIPALITIES. IT IS HEREBY ORDAINED BY HARVEYS LAKE BOROUGH, LUZERNE COUNTY, AS FOLLOWS:

SECTION I. Harveys Lake Borough (the Borough), being a member municipality of the Pennsylvania Municipal Retirement System (the System), hereby elects to amend its Police Pension Plan administered by the System in accordance with Article IV of the Pennsylvania Municipal Retirement Law, 53 P.S. §881.101 et seq. (Retirement Law), and does hereby agree to be bound by all the requirements and provisions of the Retirement Law and the Municipal Pension Plan Funding Standard and Recovery Act, 53 P.S. §895.101 et seq., and to assume all obligations, financial and otherwise, placed upon member municipalities.

SECTION II. As part of this Ordinance, the Borough agrees that the System shall administer and provide the benefits set forth in the amended Police Pension Plan Contract entered into between the Pennsylvania Municipal Retirement Board and the Borough effective January 1, 2014 (the Contract).

SECTION III. The passage and adoption of this Ordinance by the Borough is an official acceptance of the Contract and the financial obligations resulting from the administration of the Contract.

SECTION IV. Payment for any obligation established by the adoption of this Ordinance and the Contract shall be made by the Borough in accordance with the Retirement Law and the Municipal Pension Plan Funding Standard and Recovery Act. The Borough hereby assumes all liability for any unfundedness created due to the benefit structure set forth in the Contract.

SECTION V. The Borough intends this Ordinance to be the complete authorization of the Contract and it shall become effective and specifically repeal Ordinance No. 7-1986 either immediately or on January 1, 2014, which is the effective date of the Contract, whichever is later.

SECTION VI. A duly certified copy of this Ordinance and an executed Contract shall be filed with the System.

Endnotes

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Editor's Note: For current provisions, see 53 P.S. § 881.101 et seq.
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Editor's Note: Original Section 4, Military Leave Credit, which followed this section, was repealed 10-19-1978 by Ord. No. 9-78.
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Editor's Note: See 77 P.S. § 1 et seq.
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Editor's Note: See 77 P.S. § 1201 et seq.