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Johnstown, PA Code of Ordinances
CODIFIED ORDINANCES OF JOHNSTOWN, PENNSYLVANIA
PRELIMINARY UNIT
CHARTER
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
PART EIGHTEEN - HEALTH AND SANITATION CODE
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288.04 AMOUNT OF CONTRIBUTIONS FROM POLICE.
   In addition to the sum provided for the Police Pension Fund Association, and for the further support and increase of the Association, all regular salaried police officers of the City, namely the Director/Chief of Police, the Sergeants of Police, the Captain of Detectives, the Detectives, the Lieutenants of Police and all patrolmen and other officers attached to the Department of Police, shall pay to the Treasurer of the Association, on or before the second day of each month, three percent of the regular monthly salary received by such officers from the City for the preceding month. In addition, the officers shall also pay to the Treasurer, on or before the second day of each month, an additional one percent of the regular monthly salary received by such officers from the City for widows and/or dependents as required by Sections 288.05, 288.07 and 288.09.
   With the approval of Council, a member who is making contributions and who served in the Armed Forces of the United States after September 1, 1940, and who was not a member of the Police Pension Fund prior to such military service, shall be entitled to have full credit for each year or fraction thereof, not to exceed five years of service, upon his or her payment to the Pension Fund of an amount equal to that which he or she would have paid had he or she been a member during the period for which he or she desires credit, and upon his or her payment to the Pension Fund of an additional amount as the equivalent of the contribution of the employer on account of such military service.
(Ord. 3818. Passed 4-8-69; Ord. 5355. Passed 6-14-23.)
288.05 PAYMENTS TO WIDOWS, WIDOWERS AND DEPENDENT CHILDREN; POLICE PENSION COMMISSION.
   (a)   The Police Pension Fund shall be used for the pensioning of the officers mentioned in Section 288.04. In addition, the widow or widower of a police officer, or a widow or widower of a police officer who has retired and receives a pension, or if no widow or widower survives, or if he or she survives and subsequently dies or remarries, then the children under the age of eighteen of a police officer or a police officer who has retired and receives a pension, shall, during his or her lifetime, or, in the case of a widow or widower, so long as he or she does not remarry, or, in the case of a child, until reaching the age of eighteen years, also be entitled to receive a pension.
   (b)   The Police Pension Fund shall be under the care and control of the President, Vice-President, Secretary and Treasurer of the Police Pension Fund Association, together with the City Manager, the Director of Finance, the City Clerk and three other members selected by the Police Pension Fund Association. These officers and City officials, together with the Directors, shall be known as the Police Pension Commission.
288.06 RECORDS; RULES; MEETINGS; EXPENDITURES; TREASURER'S BOND; REPORTS.
   The Police Pension Fund Association shall keep full and accurate accounts of all its transactions. It shall have full power to make rules for the transaction of its business, the application of its funds and its time and place of meeting. The Association shall meet at least once a month at a stated time and at such times as it may designate for the transaction of such business as may properly come before it. All meetings shall be open to the public. A majority of the Association shall have the power to transact business. All incidental expenditures necessary to the transaction of the business of the Association shall be provided for from the Police Pension Fund. No money, except as heretofore set forth, shall be paid out of the Pension Fund, except for the purpose of pensions and increments for members of the Department of Police and other officers contemplated in this chapter. The Treasurer of the Association shall give a surety bond to the City, in a sum of not less than double the probable amount of money that will come into his or her hands, for the faithful performance of his or her duties. The premium on such bond shall be paid out of the Pension Fund. The Association shall make an annual report to Council on the first Monday of January of each year. The report shall give an account of all receipts and disbursements of the Fund and of such other matters as are properly embodied in such report.
(Ord. 3785. Passed 6-4-68.)
288.07 CALCULATION OF PENSIONS.
   Pensions which shall be paid to all pensioned or retired police officers or other officers referred to in this chapter shall be one-half of the monthly salary that the officer or employee received from the City at the time he or she was placed on the pension list. The basic salary shall be based on the increment provided and mandated by Act 373 (P.L. 1006), as amended, as directed and ordered by the Decree of the Court of Common Pleas on July 8, 1968, by Judge H. Clifton McWilliams. Payments for allowances shall not be a charge on any fund in the Treasury of the City or under its control, save the Police Pension Fund herein provided for. The basis of the apportionment of the pension, except as to service increments provided for in this chapter, shall not, in any case, exceed, in any year, one-half of the annual salary of such member computed at such monthly rate. However, if a police officer or other officer referred to in this chapter has retired before the effective date of this section (Ordinance 4462, passed June 8, 1988) and receives a pension of less than four hundred dollars ($400.00) per month, then such retired police officer or other officer shall receive a pension of four hundred dollars ($400.00) per month. The pension payable to widows or dependent children as set forth in Section 288.05 shall be calculated at the rate of 100 percent of the pension the police officer was receiving or would have been receiving had he or she been retired at the time of his or her death.
(Ord. 4462. Passed 6-8-88.)
288.08 ELIGIBILITY FOR PENSION; INVOLUNTARY AND MANDATORY RETIREMENT.
   Every police officer or other employee in the Department of Police hired prior to January 1, 1988 and not, therefore, subject to the terms and conditions of the City of Johnstown New Police Pension Plan, Ordinance 4442 of 1988 as amended, Chapter 289 of the Codified Ordinances of the City of Johnstown, Pennsylvania, 1986 who has served continuously for twenty years shall be entitled to be retired on his or her own request on a pension. However, a police officer or other employee in the Department who was employed as of June 4, 1968, shall be entitled to be retired on his or her own request on a pension after he or she has served continuously for twenty years, without regard to his or her age. The pension shall date from the time the police officer or employee filed his or her application with Council. However, Council may retire any police officer or member of the Department who has served fifteen years or more, or who has completed at least ten years of continuous service for a disability incurred while in the line of duty, if, in its opinion, the officer or employee is physically or mentally incapacitated from performing his or her duty in the Department. Further, the age of sixty-five years is hereby established as the age at which retirement from duty is mandatory for all members of the Department.
(Ord. 3943. Passed 4-18-72; Ord. 5355. Passed 6-14-23.)
288.09 RULES AND REGULATIONS; PAYMENT AND USE OF CONTRIBUTIONS.
   The Police Pension Fund Association shall make rules, bylaws and regulations. It shall prescribe the conditions and the sum to be paid by Department of Police personnel to entitle them to membership. All sums of money paid by persons to become members of the Association shall be paid to the Treasurer of the Association and shall be used for the payment of pensions to the officers or their widows or widowers and dependent children entitled thereto under this chapter.
(Ord. 3785. Passed 6-4-68.)
288.10 SERVICE INCREMENTS.
   In addition to the retirement allowance which is authorized to be paid from the Police Pension Fund by this chapter, and notwithstanding the limitations herein placed upon such retirement allowances and all contributions, each contributor who becomes entitled to a retirement allowance shall also be entitled to the payment of a service increment in accordance with and subject to the conditions hereinafter set forth:
   (a)   The service increment shall be the sum obtained by computing the number of whole years, after having served the minimum required by this chapter, during which a contributor has been employed by the City and has been paid out of the City Treasury, and multiplying the number of years so computed by an amount equal to one-fortieth of the retirement allowance which has become payable to such contributor in accordance with this chapter. In computing the service increment, no employment after the contributor has reached the age of sixty-five years shall be included and no service increment shall be paid in excess of five hundred dollars ($500.00) per month.
   (b)   Each contributor shall pay into the Police Pension Fund a monthly sum in addition to his or her retirement contribution, which monthly sum shall be equal to one-half of one percent of his or her salary, provided that such payments shall not exceed the payment of five dollars ($5.00) per month, and provided, further, that such service increment contribution shall not be paid after a contributor has reached the age of sixty-five years.
   (c)   Persons who are contributors and who have already reached the age of sixty-five years shall have their service increments computed on the years of employment prior to the date of reaching their sixty-fifth birthday.
   (d)   Service increment contributions shall be paid at the same time and in the same manner as retirement contributions and may be withdrawn in full, without interest, by persons who leave the employment of the City or by persons who retire before becoming entitled to any service increment.
   (e)   All members of the Department of Police who are now contributors to the Fund, and all those employed by the City hereafter, if required to become contributors to the Fund, shall be subject to this chapter.
(Ord. 3785. Passed 6-4-68; Ord. 4927. Passed 2-11-04.)
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