(a) It is the expectation of the Township that it will continue the Police Pension Plan indefinitely and will, from time to time, contribute to the Fund such amounts as may be needed to provide the benefits set forth in the Plan.
(b) The provisions of any ordinance establishing, amending or maintaining the Plan shall not be a charge on any other fund in the Treasury of the Township or under its control, save the Uniformed Employee’s Pension Fund provided for herein.
(c) Nothing contained in the Plan shall be held or construed as a contract or guarantee of employment, nor to create any liability upon the Township to retain any person in its service. The Township reserves the full right to discontinue the service of any person without any liability, except for salary or wages that may be due and paid, whenever, in its judgment, its best interests so require, and such discontinuance shall be without regard to the Plan.
(Ord. 779. Passed 1-19-2000.)
282.11 AMENDMENT OR TERMINATION OF PLAN.
(a) The Township may amend the Plan from time to time as is necessary to maintain its actuarial soundness and to incorporate changes in Plan benefits or entitlements. However, no amendment shall be made which will, in any manner, divert any part of the Fund to any purpose other than the exclusive benefit of members or their beneficiaries (except that upon termination such diversion may be made after all of the fixed and contingent liabilities to members and their beneficiaries have been met), nor shall any amendment be made at any time which will in any manner divest any benefit then vested in a member or reduce or eliminate a benefit to which a member has been given an expectation by virtue of a pension ordinance or pension calculations for retiring officers who retired during the member’s participation in the Plan.
(b) In the event of termination of the Plan, the Board shall allocate the assets then remaining in the Fund as follows:
(1) Sufficient funds shall be maintained to provide the pension benefits prescribed in Section 282.03 for all members who have retired prior to termination or who are eligible for retirement at the time of the termination of the Fund.
(2) Contributions with interest at a rate established by the Board as provided in Section 282.05 shall be refunded to any and all members who terminate service at the time of the termination of the Fund.
(3) Of the remaining funds, those which can be identified as Municipal contributions or contributions other than from members or from the Commonwealth allocation, shall be distributed as the Board sees fit, provided that such distribution is in compliance with Section 282.08.
(4) All funds in excess of the funds described in paragraphs (b)(1), (2) and (3) hereof shall be returned to the Commonwealth as unused funds pursuant to the Act of May 12, 1943, P.L. 259, as amended, 72 P.S. 2263.1 et seq.
(Ord. 779. Passed 1-19-2000.)
282.12 ENCUMBRANCE AND DIVERSION OF FUNDS; PAYMENTS TO GUARDIANS AND TRUSTEES.
(a) No benefit under the Plan shall be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge or encumbrance, nor to seizure, attachment or other legal process, for the debts of any member or member’s beneficiary. This provision shall not apply to a qualified domestic relations order, as defined in Code Section 414(p), or to other domestic relations orders permitted to be so treated by the Board under the provisions of the Retirement Equity Act of 1984. The Township shall establish a written procedure to determine the qualified status of domestic relations orders to administer distributions under such qualified orders. Further, to the extent provided under a qualified domestic relations order, a former spouse of a member shall be treated as the spouse or surviving spouse for all purposes under the Plan.
(b) In no circumstances, whether upon amendment or termination of the Plan or otherwise, shall any part of the Fund be used or diverted to any purpose other than the exclusive benefit of members or their beneficiaries until all of the actuarial obligations to such members or members’ beneficiaries have been met.
(c) If the Board deems any person incapable of receiving benefits to which he or she is entitled by reason of minority, illness, infirmity or other incapacity, it may make payment directly, for the benefit of such person, to the guardian or trustee for such person, whose receipt shall be a complete acquittance therefor. Such payment shall, to the extent therefor, discharge all liability of the Township or of the Fund. (Ord. 779. Passed 1-19-2000.)
282.13 INTERPRETATION OF CHAPTER.
(a) Any person dealing with the Township may rely upon a copy of the Plan and any amendments thereto certified to be true and correct by the Trustee.
(b) Should any provision of the Plan be determined to be void by any court, the Plan will continue to operate and, to the extent necessary, will be deemed not to include the provision determined to be void.
(c) Headings and captions provided herein are for convenience only and shall not be deemed to be a part of the Plan.
(d) The Plan shall be construed and applied under the laws of the Commonwealth of Pennsylvania where not in conflict with Federal laws. In the event of a conflict, the latter shall prevail.
(Ord. 779. Passed 1-19-2000.)
2000 Replacement