A.
Creation of Consolidated Firefighters' Pension Fund.
(1)
The City of Easton, Northampton County, Pennsylvania
(the "City") elected to join the Pennsylvania Municipal Retirement
System ("PMRS") to provide a Firefighters' Pension Plan for employees
hired on or after January 1, 1979, by enactment of Ordinance No. 2475,
which was replaced by Ordinance No. 2910. As a result of contract
negotiations with IAFF Local 713 and pursuant to the 2003 Act 111
Interest Arbitration Award, the City elected to withdraw from PMRS
effective April 1, 2004. In connection with this withdrawal, all assets
and liabilities held in PMRS that relate to active, vested, and retired
firefighters of the City of Easton as of April 1, 2004 (the "effective
date"), have been transferred to this City of Easton Consolidated
Firefighters' Pension Plan (the "plan"). Such assets shall be held,
invested, and distributed in accordance with the terms of this plan.
Consistent with the intent of this plan is that all employees who
were previously participants in the PMRS plan enjoy the same benefits
as employees participating in the City-managed Firemen's Pension Fund
which immediately preceded this plan.
(2)
In addition, this plan is intended to qualify under
Section 401(a) of the Internal Revenue Code of 1986 (the "code"),
as amended, and its related trust is intended to be tax-exempt under
Section 501(a) of the code.
B.
ACCOUNT
AGGREGATE PENSION BOARD
BOARD OF MANAGERS
CITY
CODE
COUNCIL
DISABILITY RETIREMENT BENEFIT
EARLY RETIREMENT BENEFIT
EFFECTIVE DATE
FIRE DEPARTMENT
FIREFIGHTER
FUND
INTEREST ACCOUNT
MANDATORY CONTRIBUTION ACCOUNT
NORMAL RETIREMENT BENEFIT
PARTICIPANT
PENSION BENEFIT
PENSIONABLE COMPENSATION
PERMANENT DISABILITY
PLAN
PMRS
SPOUSE
SURVIVING SPOUSE
VOLUNTARY CONTRIBUTION ACCOUNT
YEAR OF SERVICE
Definitions. As used in this article, the following
terms shall have the meanings set forth below.
The portion of the participant's interest in the plan or
the PMRS plan attributable to the participant's voluntary contributions,
mandatory contributions and any interest or excess interest earned
or awarded thereon.
The City-wide consolidated pension board of trustees (created by Ordinance 2907, passed 9-23-1987, and codified, as amended, as Article IV of this chapter) to which the City has delegated certain duties, functions and management authority with respect to the City's various employee pension plans, including this plan.
The Board of Managers of the City of Easton Consolidated
Firefighters' Pension Plan as hereinafter set forth.
The City of Easton, Northampton County, Pennsylvania.
The Internal Revenue Code of 1986, as amended.
The City Council for the City of Easton, Northampton County,
Pennsylvania.
A retirement benefit determined in accordance with § 110-49A(4) of this article.
A retirement benefit determined in accordance with § 110-49A(2) of this article.
April 1, 2004.
The Fire Department of the City.
A regular, full-time, paid firefighter who was appointed
by the City to serve as a firefighter in the City Fire Department.
The term "firefighter" shall not include any firefighter hired on
a temporary or seasonal basis or paid on a per diem or fee basis.
The trust or custody account established by the City to hold
the assets of the plan.
That portion of a participant's interest in the plan exclusively
attributable to the guaranteed and excess interest which was earned
by the participant as a former member of the Pennsylvania Municipal
Retirement System Plan and during the period from the effective date
of the plan until December 31, 2004.
Each participant's financial obligation toward funding the pension benefits prescribed by this plan as set forth in § 110-48B.
A retirement benefit determined in accordance with § 110-49A(1) of this article.
Any firefighter who meets the requirements for participation in this plan as set forth in § 110-48.
An annuity payable on a monthly basis for the life of the
participant.
A firefighter's total gross annual compensation, including,
without limitation, position salary, longevity pay, degree pay, extra-duty
pay, and birthday pay. In no event shall a participant's compensation
exceed the limit prescribed by Section 401(a)(17) of the Internal
Revenue Code.
The inability to perform the essential duties of a firefighter
and a lack of a favorable prognosis for being capable of performing
the essential duties of a firefighter in the foreseeable future resulting
from a service-connected injury or condition.
The City of Easton Consolidated Firefighters' Pension Plan.
The Pennsylvania Municipal Retirement System.
The participant's husband or wife as determined at the relevant
time under the state law in which the participant was most recently
domiciled.
A participant's spouse who survives the participant by more
than one week.
The portion of the participant's interest in the plan attributable
exclusively to the voluntary contributions which the firefighter made
to the former PMRS plan while a participant of the PMRS plan.
The period between a participant's employment commencement
date as a firefighter and the first anniversary thereof and each successive
one-year period thereafter that ends before the participant terminates
employment as a firefighter. Notwithstanding anything herein to the
contrary, the retirement provisions of the Easton Firemen's Relief
Association, Inc., pertaining to age and length of service shall remain
applicable to all participants who were members of the Bureau of Fire
on December 31, 1966.
C.
Gender references. Any references in this article
to "firefighter," "participant" or "member" which are utilized in
the masculine gender are done so out of convenience and brevity, and
any reference to a masculine gender made in this article shall also
be understood to include the feminine gender as well.