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.12 For employees hired after December 31, 2011, the City shall not provide benefits under the plan that exceed the minimum mandatory benefits as described in the Police Pension portion (11 Pa.C.S. §§14300 et seq.) of the Third Class City Code. The plan is a government plan as defined in § 414(d) of the Code and § 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. [Amended 9-14-2015 by Ord. No. 47-2015]
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. 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.
12. Editor's Note: See 53 P.S. § 35101 et seq.