§ 411. DEFINITIONS.
Part I-1   (1.02)
      ACCUMULATED CONTRIBUTIONS
      The interest rate to be credited on a Participant's contributions to the Plan in accordance with section 1.02 of Chapter II of the Master Plan and Trust shall be:
      (A)   _____ percent per annum. Such interest shall be credited annually in the form of
            _____ simple interest
            _____ compound interest
      (B)   __x__ Actual interest rate earned under the Trust
(Check one of the above)
Part I-2   (1.03)
      ACTUARIAL EQUIVALENT shall be defined in section 1.03 of Chapter II of the Master Plan and Trust unless alternate factors are indicated below:
         Mortality Table: UP-1984
         Interest Rate: 7.0 percent
Part I-3   (1.04)
      AGGREGATE SERVICE shall be rounded:
            _____ to the completed year       _____ actual service (completed day)
            __x__ to the completed month    _____ other: _________________
            _____ to the nearest month
Part I-4   (1.05)
      BOARD shall mean the:
         __x__ Borough Council
         _____ Board of Supervisors
         _____ Board of Commissioners
         _____ Board of Directors
         _____ Other: _______________
Part I-5   (1.06)
      COMPENSATION shall include: (Check all that apply.)
         __x__   All forms of compensation paid by the Employer and reportable on form W-2
         _____ Base pay plus:
         _____ Overtime pay
         _____ Longevity pay
         _____ Bonuses
         _____ Holiday pay
         _____ Court time pay
         _____ Unused sick pay
         _____ Unused vacation pay
         _____ Unused personal leave
         _____ Other: _______________
      Compensation shall specifically exclude:
         __x__   All payments made in a Lump sum at retirement or termination for unused time off
         _____   Payments made in a Lump sum at retirement or termination for unused time off that were not earned during the averaging period
         _____   Other: _______________
Part I-6   (1.10)
      EFFECTIVE DATE shall mean: March 15, 2015
         _____   the original effective date of the Plan
         __x__   the effective date of this Plan amendment which will be the date of passage of a new amending ordinance and the date of signing of this revised joinder agreement.
Part I-7   (1.11)
      EMPLOYEE
      For the purposes of further defining the term "full-time" or "Employee", the following additional conditions or restrictions shall be inserted as if they were a part of section 1.11 of Chapter II of the Master Plan and Trust:
         __x__   Full-time basis means regularly scheduled to work at least 40 hours per week
         _____   Other: _______________
Part I-8   (1.12)
      EMPLOYER
      In accordance with section 1.12 of Chapter II of the Master Plan and Trust, the "Employer" shall be specified as follows:
         Borough of Cleona 
         Located in Lebanon County.
         _____   Regional Police Plan with the following participating municipalities: N/A
Part I-9   (1.13) Non-Intervening Military Service Purchase
      EMPLOYMENT (Optional)
      In accordance with section 1.13 of Chapter II of the Master Plan and Trust, Employment for purposes of determining Aggregate Service:
         _____    shall include the purchase of up to _____ (not to exceed 5) years of non-intervening military service pursuant to section 1.13(f) of Chapter II of the Master Plan and Trust.
         __x__   shall not include the purchase of non-intervening military service pursuant to section 1.13(f) of Chapter II of the Master Plan and Trust.
Part I-10   (1.14)
      FINAL MONTHLY AVERAGE SALARY
      The averaging period for determining a Participant's "Final Monthly Average Salary" in accordance with section 1.14 of Chapter II of the Master Plan and Trust shall be:
         __x__   final 60 months prior to termination (shall not be less than 36, nor greater than 60) of Employment
         _____   highest 36 consecutive months of the last 60 consecutive months
         _____   final _____ months (shall not be less than 36, nor greater than 60) of active Employment
      Salary shall include the same element of pay as Compensation (1.06).
Part I-11    (1.20)
      NAME OF PLAN
      For purposes of section 1.20 of Chapter II of the Master Plan and Trust, the name of the "Plan" shall be:
         Borough of Cleona Police Pension Plan
Part I-12   (1.24)
      TOTAL AND PERMANENT DISABILITY (Service Connected Only)
      (A)   "Totally and Permanently Disabled" or "Total and Permanent Disability" shall mean:
         __x__   a condition of physical or mental impairment due to which a Participant is unable to perform the usual and customary duties of Employment with the Employer and which is reasonably expected to continue to be permanent for the remainder of the Participant's lifetime.
         _____   a condition of physical or mental impairment due to which a Participant is unable to perform any and every duty of a gainful occupation for which the Participant is reasonably suited through training, education and experience, which continues for a period of at least six months, which will be permanent and continuous for the remainder of the Participant's lifetime and due to which a Participant is certified by the Social Security Administration as being eligible for Social Security disability benefits.
      (B)   _____   Other:
(Check one of the above, if applicable)
PART II   PARTICIPATION IN THE PLAN
Part II-1   (2.01)
      ELIGIBILITY REQUIREMENTS
      An Employee shall be eligible to become a Participant in the Plan upon:
         __x__   Commencement of Employment
         _____   Completion of a probationary period of
         _____   Other:
         Exceptions:
 
(Complete any of the above which are applicable)
PART III   CONTRIBUTIONS
Part III-1   (3.01)
      PARTICIPANT CONTRIBUTIONS
      The rate of Participant contributions shall be:
      (A)   __x__   Where positions covered by the Plan are included under the Federal Social Security Act:
         __x__   Five percent (5%) of the Participant's Compensation (for Plans with no Social Security Offset), or
         _____   _____ percent of the Participant's Compensation on which Social Security taxes are payable, plus five percent (5%) of the Participant's Compensation in excess of that on which Social Security taxes are payable; or
      (B)   _____   Where positions covered by the Plan are not included under the Federal Social Security Act:
         _____   _____ percent of the Participant's Compensation (rate shall not be less than five percent (5%) nor greater than eight percent (8%)).
      (C)   _____   Effective __________ the Participant Contributions required under this section 3.01 shall be "picked up" by the Employer and shall be treated as Employer contributions pursuant to Code section 414(h)(2).
Part III-2   (3.03)
      REDUCTION OF PARTICIPANT CONTRIBUTIONS
      Annual reduction or elimination of Participant contributions pursuant to section 3.03 of Chapter II of the Master Plan and Trust shall be subject to the following prerequisites or limitations:
         _____   an actuarial study performed by the Actuary shows that the condition of the Trust Fund is such that Participant Contributions may be reduced below the minimum percentages prescribed in section 3.01 of Chapter II of the Master Plan and Trust, or may be eliminated, and that contributions by the Employer will not be required to keep the Trust Fund actuarially sound.
         _____   Other:
(Check one or more of the above, if applicable)
PART IV   RETIREMENT BENEFITS
The Master Plan and Trust shall provide the following benefits:
Part IV-1   (4.01)
      NORMAL RETIREMENT AGE
      Section 4.01 of Chapter II of the Master Plan and Trust, Normal Retirement Age shall be the later of the date set forth in (A) or (B):
      (A)   the date when the Participant has completed 25 years of Aggregate Service; and
      (B)   the Participant has attained age 55.
Part IV-2   (4.02)
      NORMAL RETIREMENT BENEFIT
      Normal Retirement Benefits shall be offset, as provided in section 4.02 of Chapter II of the Master Plan and Trust, by the following percentage of applicable old-age Social Security benefits:
         _____    _________ percent (_____%)
         __x__   No Social Security offset applies.
(Check one of the above.)
Part IV-3   (4.03)
      EARLY RETIREMENT (Optional)
      (A)   This Plan:
         __x__   shall
         _____   shall not
      include an Early Retirement Benefit provision pursuant to Act 24 of 1998 which shall only be effective from March 15, 2015 through August 31, 2015. To be eligible for an Early Retirement Benefit, a participant must have a minimum of twenty (20) years of Aggregate Service and apply for retirement during the "window" period with an effective date of retirement of no later than August 31, 2015. After such date, Early Retirement shall no longer be available.
Part IV-4   (4.06)
      SERVICE INCREMENT BENEFIT (Optional)
      (A)   This Plan:
         _____   shall
         __x__   shall not
      provide for a Service Increment Benefit as set forth in section 4.06 of Chapter II of the Master Plan and Trust.
      (B)   The amount of the monthly Service Increment Benefit shall be:
         _____   (i)   $ _____ per month upon completion of service in excess of 25 years of service (not to exceed $500 per month); or
         _____   (ii)   
 
Years of Aggregate Service
Amount of Service Increment Benefit
__________
__________
__________
__________
__________
__________
__________
__________
__________
__________
__________
__________
 
         _____   (iii)   Other:
      (C)   _____   Only service by a Participant retiring on or after __________ shall be considered for such Service Increment Benefit.
Part IV-5   (4.07)
      COST-OF-LIVING INCREASE (Optional)
      (A)   This Plan:
         _____   shall
         __x__   shall not
      provide for an annual cost-of-living increase as set forth in section 4.07 of Chapter II of the Master Plan and Trust.
      (B)   The annual cost of living adjustment shall be payable as of the:
         _____   Anniversary date of such Participant's retirement
         _____   January 1st of each Plan Year
         _____   Other:
      (C)   If an annual cost-of-living increase is elected, such increase shall be equal to
         CPI index to be used in calculating increases is __________ .
      (D)   The following special restrictions shall apply to the cost-of- living increase:
         _____   It shall apply only to Participants hired on or after _________ (date).
         _____   It shall apply only to Participants who retired on or after __________ (date).
         _____   It shall apply only to Participants in pay status as of __________ (date).
         _____   It shall apply to all current and future retirees.
         _____   It shall apply to all disability retirees who have attained Normal Retirement Age.
         _____   Other:
      (E)   Such cost-of-living increases shall not exceed any of the following limitations:
         (a)   the percentage increase in the Consumer Price Index from the year in which the Participant was last employed by the Employer; or
         (b)   75 percent of the Participant's Final Monthly Average Salary; or
         (c)   the total cumulative increases shall not exceed 30 percent of the Participant's original retirement benefits; and
         (d)   such cost-of-living adjustments shall not impair the actuarial soundness of the Plan.
      (F)   _____   The limitations described in (E) above, do not apply to retirees retired for over twenty (20) years, so long as the plan assets exceed the present value of future benefits.
Part IV-6   (4.08)
      PAYMENT OF BENEFITS
      Benefit payments shall be paid monthly as of:
         _____   The first day of each month
         __x__   The last day of each month
         _____   Other:
PART V   DISABILITY RETIREMENT
Part V-l   (5.02)
      DISABILITY RETIREMENT BENEFITS
      (A)   Amount of Disability Benefit
      The amount of the Disability Retirement Benefit shall be equal to:
         _____   (1)   50% of the member's salary at the time the disability was incurred (no less than 50%)
         _____   (2)   50% of Final Monthly Average Salary
         __x__   the greater of (1) or (2)
         _____   Other:
         In no event may the benefit be less than fifty percent (50%) of the Member's salary at the time the disability was incurred.
      (B)   Such Disability Retirement Benefit amount shall be offset by:
         __x__   Social Security disability benefits
      (Check one of the above, if applicable)
      Member's salary at the time the disability was incurred shall mean:
         _____   Fixed periodic payments for the:
         _____   final completed calendar month of active employment
         _____   final completed twelve months of active employment divided by 12
         __x__   Other: The officer's annualized base salary at the time of disablement, divided by 12.
      This definition is subject to future interpretation by the state courts or state legislature, at which time this definition shall comply with the court or legislative interpretation.
      (C)   Crediting of Service Upon Re-Employment
      If a Participant who has been receiving disability benefits is later re-employed by the Employer, Aggregate Service shall be determined as follows:
         _____   the period of disability for which payments were made shall be considered as periods of Employment in computing the Participant's Aggregate Service;
         __x__   the Participant's period of Aggregate Service prior to the date when the Participant terminated due to Total and Permanent Disability shall be aggregated with the Participant's period of Aggregate Service credited subsequent to the Participant's date of re-employment.
         _____   Other:
(Check one of the above, if applicable)
PART VI   DEATH BENEFITS
Part VI-1   (6.02)
      KILLED IN SERVICE SURVIVOR BENEFIT
         _____   100% of the Member's salary at the time of death.
      Member's salary at the time of death shall mean:
         _____   Fixed periodic payments for the:
         _____   final completed calendar month of active employment
         _____   final completed twelve months of active employment
         _____   Other: The officer's annualized base salary at the time of death, divided by 12.
      This definition is subject to future interpretation by the state courts or state legislature, at which time this definition shall comply with the court or legislative interpretation.
Part VI-2   (6.03)
      SURVIVING SPOUSE BENEFIT shall equal:
         __x__   50% of the monthly retirement benefit the Participant was receiving or was eligible to receive at the time of death.
         _____   _____% of the monthly retirement benefit the Participant was receiving or was eligible to receive at the time of death (no less than 50%)
         _____   Other:
(Check all that applies)
PART VII   TERMINATION OF EMPLOYMENT
Part VII-1   (7.03)
      DEFERRED VESTED BENEFITS
      This Plan:
         __x__   shall
         _____   shall not
      provide for vesting of retirement benefits after twelve (12) years of Aggregate Service with the Employer.
(Ord. 253, 2/3/1997, Joinder Agreement, §I; as amended by Ord. 307, 3/2/2015)