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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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288.07 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.)
288.11 PARTIAL VESTED RIGHTS.
   If a police officer has served for twelve years or more, but less than twenty years, and has not attained the age of fifty years, and his or her tenure of office or employment is terminated, with or without his or her voluntary action, then he or she shall, during the remainder of his or her life, after attaining the age of fifty years, be entitled to receive such portion of full pension benefits as the period of his or her service, up to the date of his or her termination, bears to the full twenty-year period of service.
(Ord. 4439. Passed 9-23-87.)