The Retirement Plan for non-uniformed employees of the borough (the “Plan”), which was previously established for the benefit of the borough’s employees and which has been amended and restated by resolutions of the Borough Council thereafter, shall be, and hereby is, amended and supplemented in the following respects:
(A) The plan has been amended from time to time pursuant to various ordinances since its last restatement effective January 1, 2001, and the Borough Council now desires to restate the Plan for purposes of consolidation of all such applicable amendments; and
(B) The Borough Council intends that the plan shall continue to meet the requirements for qualification as a governmental plan under the requirements of the laws of the Commonwealth governing the implementation and operation of local government retirement plans, and under the provisions of the Internal Revenue Code, being 26 U.S.C., as amended, including, but not limited to, the Economic Growth and Tax Relief Reconciliation Act of 2001 (“EGTRRA”), being 26 U.S.C. §§ 1 et seq., the Pension Protection Act of 2006 (“PPA”), being 26 U.S.C. §§ 9302 et seq., and the Heroes Earnings Assistance and Relief Tax Act of 2008 (“HEART” or “Heroes’ Act”), being 26 U.S.C. §§ 1 et seq.
(1980 Code, Ch. 1, Part 7C, § 141) (Ord. 1397, passed 3-21-2011, § 1)