A. Construction. The masculine gender includes the feminine and the singular includes the plural, unless the context clearly indicates otherwise.
B. Governing law. The plan and fund are governed by the Third Class City Code of Pennsylvania.
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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.
C. 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.
D. Reemployment 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.
E. 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.
9. Editor's Note: See 53 P.S. § 35101 et seq.