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PREFACE
Chapter C HOME RULE CHARTER
Chapter 1 GENERAL PROVISIONS
Chapter 5 ADMINISTRATIVE CODE
Chapter 14 AUTHORITIES
Chapter 23 BOARDS, COMMISSIONS, COMMITTEES AND COUNCILS
Chapter 36 FIRE AND RESCUE SERVICES
Chapter 51 INITIATIVE AND REFERENDUM
Chapter 62 PENSIONS
Chapter 70 PERSONNEL
Chapter 77 POLICE DEPARTMENT
Chapter 91 SALARIES AND COMPENSATION
Chapter 120 ALARM SYSTEMS
Chapter 127 ALCOHOLIC BEVERAGES
Chapter 141 ANIMALS
Chapter 166 CABLE TELEVISION
Chapter 173 COMMERCIAL LAUNDRY CODE
Chapter 180 CONSTRUCTION CODES
Chapter 185 CONVERSION THERAPY
Chapter 188 CURFEW
Chapter 201 ELECTRIC SERVICE
Chapter 212 FEES
Chapter 219 FIREARMS
Chapter 225 FIREWORKS
Chapter 231 FIRE INSURANCE PROCEEDS
Chapter 237 FIRE PREVENTION AND PROTECTION
Chapter 251 FOOD CODE
Chapter 272 GRAFFITI
Chapter 288 HEALTH AND SAFETY
Chapter 295 HISTORICAL AND CONSERVATION DISTRICTS
Chapter 302 HOUSE NUMBERING
Chapter 308 HOUSING
Chapter 317 INVASIVE PLANTS AND NOXIOUS WEEDS
Chapter 325 LAW ENFORCEMENT
Chapter 328 LEAD-BASED PAINT
Chapter 332 LIBRARY
Chapter 339 LICENSES AND PERMITS
Chapter 346 LITTER AND ADVERTISING MATERIAL
Chapter 353 LOITERING AND PANHANDLING
Chapter 364 MASSAGE THERAPISTS
Chapter 378 MUNICIPAL CLAIMS AND LIENS
Chapter 387 NOISE
Chapter 396 PARKS AND RECREATION
Chapter 403 PAWNBROKERS
Chapter 410 PEDDLING AND SOLICITING
Chapter 424 POLES
Chapter 431 PROPERTY SALES
Chapter 433 PUBLIC ART
Chapter 438 RAIN BARRELS
Chapter 442 RECORDS, PUBLIC ACCESS
Chapter 453 SALES
Chapter 460 SCRAP METAL DEALERS
Chapter 467 SEWERS AND SEWAGE DISPOSAL
Chapter 473 SEXUALLY ORIENTED BUSINESSES
Chapter 479 SIDEWALK CAFES
Chapter 485 SIGNS
Chapter 496 SOLID WASTE
Chapter 502 STORAGE FACILITIES
Chapter 505 STORMWATER MANAGEMENT
Chapter 508 STREETS AND SIDEWALKS
Chapter 515 SUBDIVISION AND LAND DEVELOPMENT
Chapter 521 SUSTAINABILITY
Chapter 536 TAMPERING WITH PUBLIC PROPERTY
Chapter 540 TATTOO AND PIERCING ESTABLISHMENTS
Chapter 543 TAX ABATEMENTS
Chapter 546 TAX AMNESTY PROGRAM
Chapter 549 TAXATION
Chapter 555 TREES
Chapter 564 VEHICLE NUISANCES, STORAGE OF
Chapter 570 VEHICLE REPAIR SHOPS
Chapter 576 VEHICLES AND TRAFFIC
Chapter 583 VENDING MACHINES
Chapter 600 ZONING
Chapter A610 ANNEXATION OF TERRITORY
Chapter A611 BOND ISSUES AND LOANS
Chapter A612 FRANCHISE AND SERVICES
Chapter A613 GOVERNMENTAL AND INTERGOVERNMENTAL AFFAIRS
Chapter A614 PLAN APPROVAL
Chapter A615 PUBLIC PROPERTY
Chapter A616 SEWERS
Chapter A617 STREETS AND SIDEWALKS
Chapter A618 WATER
Chapter A619 ZONING; PRIOR ORDINANCES
Chapter DT DERIVATION TABLE
Chapter DL DISPOSITION LIST
§ 62-117.  Miscellaneous.
   A.   Nonrepealer  and  severability.  This  part  does  not  repeal  the  existing  City  ordinance outlining the provisions of the City of Reading Officers and Employees' Pension Fund but establishes new provisions for officers and employees hired on or after January 1, 1988 (Part 2 of this chapter). The provisions of this part are severable, and if any of the provisions shall be held to be illegal, invalid or unconstitutional, the decision of the court so holding shall not affect or impair any of the remaining provisions of this part. It is hereby declared to be the intent of Council that this part would have been adopted if such illegal, invalid or unconstitutional provision or provisions had not been included herein.
   B.   Construction. The masculine gender includes the feminine and the singular includes the plural, unless the context clearly indicates otherwise.
   C.   Governing law.  The  plan  and  fund  are  governed by  the  Third  Class  City  Code  of Pennsylvania. 3 The plan is a governmental plan as defined in Section 414(d) of the Code and Section 3(32) of the Employee Retirement Income Security Act of 1974 (ERISA), as amended, and as such is exempt from the requirements of ERISA and those requirements of the Code from which a governmental plan is specifically exempt.
   D.   Pre-ERISA  vesting requirement. In  the  event of  the  plan's  termination or  the  City's permanent cessation of contributions, each member shall be vested to the extent the plan is funded.
   E.   Reemployments rights of veterans. Notwithstanding anything in this plan to the contrary, benefits contributions, and service credit with respect to qualified military service [as defined in Section 414(u)(5) of the Code] will be provided in accordance with Section 414(u) of the Code.
   F.   Amendments. The City Council shall have the authority to amend, freeze, or terminate the plan in its sole discretion, subject to any limitations imposed by applicable law.
   G.   Return of overpayments correction methods. Overpayments as a result of amounts being paid in excess of the amounts provided by the provisions of the plan may be corrected using the return of overpayment correction methods set forth as follows:
      (1)   The Board shall take reasonable steps to have the overpayment together with an amount equal to 5% simple interest returned by the Member (employee or former employee) to the plan and correct future benefit payments, if any, due the Member to reflect the appropriate calculations of the Member's pension. In addition, the Board shall notify the Member that the overpayment is not eligible for favorable tax treatment accorded distributions from qualified plans and specifically is not eligible for tax free roll over treatment.
      (2)   In addition to the return of overpayment correction method set forth above in the case of plan benefits that are being distributed in the form of periodic payments, overpayments as a result of amounts being paid in excess of the plan requirements may be corrected by reducing the future periodic payments due to the Member. The adjustment of the future periodic payments shall be made over a period not to exceed a period established by the Board to recoup the overpayments. [Amended 3-27-2017 by Ord. No. 27-2017]
3.   Editor's Note: See 53 P.S. § 35101 et seq.