[HISTORY: Adopted by the Board of Supervisors of the Townshipof Lower Paxton 6-16-2009 by Ord.No. 09-01. Amendments noted where applicable.]
A Length of Service Awards Program (LOSAP) is herewith establishedin accordance with provisions of the Second Class Code, in that itrewards members of the Colonial Park, Paxtonia, and Linglestown FireCompanies for their loyal, diligent, and devoted volunteer firefightingservices to the residents of Lower Paxton Township; thus providingfor the operation and maintenance of said fire companies, securingfire protection for the inhabitants of the Township; and thus ensuringthat fire services are provided within the Township by the means andto the extent determined by the Township, including the appropriatefinancial and administrative assistance for these services, as perconsultations with the Township's three Fire Companies.
The LOSAP shall provide for a defined benefit stipend for eachvolunteer firefighter and/or fire police officer who meets the criteriaset forth herein; that such benefit shall be provided in accordancewith a plan that shall be established by the Lower Paxton Township;and that such plan shall be administered in accordance with the U.S.Internal Revenue Code and this chapter.
All years of service referenced herein shall be calculated ona calendar-year basis. To receive credit for a year of service asa volunteer firefighter and fire police officer, the LOSAP plan shallrequire that volunteers:
Be members in good standing with Colonial Park, Paxtonia, or LinglestownFire Companies and shall meet any additional requirements establishedby said fire companies for active membership as a firefighter and/ora fire police officers.
Meet the qualifications of "active volunteers" as defined by PA Act66 of 2008, except that said qualification must be earned throughservice only to the Colonial Park, Paxtonia, and Linglestown FireCompanies.
In accordance with PA Act 66 of 2008, earn at least five points inresponse to fire and rescue responses.
The LOSAP shall be funded by Lower Paxton Township using proceedsfrom its dedicated real estate tax levy for fire protection. The amountof funding shall be determined by the Board of Supervisors as partof its budget process for an upcoming fiscal year and in general conformancewith an actuarial valuation for the LOSAP. In no event, shall theTownship's annual allocation of real estate tax revenues to fundthe LOSAP exceed $60,000.
Lower Paxton Township shall cause to be prepared an actuarialvaluation for the LOSAP not less than once every three years. An actuarialvaluation shall also be prepared prior to any amendment of the LOSAPto determine the effect of the proposed amendment on the financialstatus and annual funding of the LOSAP. The cost of preparation ofthese referenced actuarial valuations shall be an eligible expenditureof LOSAP funds held on account by the Township.
The LOSAP shall provide that eligible volunteer firefightersand fire police officers must be members of the Colonial Park, Paxtonia,or Linglestown Fire Companies and be between the ages of 18 and 65.Years of service as a volunteer firefighter and/or fire police officerbefore age 18, after age 65, or with a fire company or fire departmentnot located in Lower Paxton Township shall not shall not be consideredas service time as an eligible volunteer firefighter for purposesof this LOSAP.
Eligibility shall also include an exception to the age limitationof 65 as a one-time event limited to individuals with qualifying ageand years of service prior to December 31, 2008, and who attain theage of 65 on or before December 31, 2012.
The LOSAP shall provide for a monthly stipend of up to $10 permonth, per year of service, to eligible volunteer firefighters andfire police officers, to a maximum total of up to $250 per month ata maximum of 25 years of service. In no event shall the maximum benefitprovided to a volunteer firefighter exceed $250 per month.
The LOSAP shall provide for 100% vesting of benefits after completionof five years of service from the effective date of this chapter andafter attaining age 40. The LOSAP stipend is payable after a firefighterand/or fire police officer has attained age 65 and has completed fiveyears of service. The LOSAP stipend shall be payable for the lifeof a firefighter and/or fire police officer and shall terminate uponthe member's death.
The LOSAP shall provide for credit of up to 20 years service as an eligible volunteer firefighter and/or fire police officer prior to the establishment of the LOSAP, with said date of establishment being January 1, 2008. Prior years of service credit shall only be provided to firefighters and fire police officers for years before January 1, 2008, that firefighters and fire police officers have met the criteria established in §128-3 above, as can be demonstrated by the records of the Colonial Park, Paxtonia, and Linglestown Fire Companies, or as can be certified by the Fire Chiefs and Presidents of said Companies, notarized under oath by the Fire Chief, President, and the firefighter and/or fire police officer, based upon the best information that exists at the time of prior years certification. The Fire Chiefs and Presidents of the Colonial Park, Paxtonia, and Linglestown Fire Companies shall furnish to the Township said list of firefighters and fire police officers who have qualified for prior years service credit by no later than March 31, 2009. The Township shall review the certifications of prior years service credit furnished as required herein and approve the certification thereof by no later than May 15, 2009.
In accordance with this chapter the Fire Chiefs and Presidentsof the Colonial Park, Paxtonia, or Linglestown Fire Companies shallfurnish to the Township, notarized under oath, by no later than January31 of the new year, an annual certification list of all volunteerfirefighters and fire police officers who have qualified for servicecredit under the LOSAP for the prior year. In addition, all firefightersand fire police officers, certified as required herein by their FireChief and President, shall provide a notarized statement indicatingthat they have fulfilled the annual LOSAP criteria, as herein stated.The Township shall review the annual certification lists and individualfirefighter and fire police officer certifications, furnished as requiredherein, and approve the final annual certifications by no later thanFebruary 15 of the current year.
The Colonial Park, Paxtonia, and Linglestown Fire Companiesshall create and maintain sufficient records, suitable to the Townshipto provide for the maintenance of the LOSAP and to ensure accurateand complete reporting of firefighter and fire police officer creditfor years of volunteer service.
The Township shall cause to be created a LOSAP fund in which it will deposit its annual LOSAP contribution, as referenced in §128-4 above. Said LOSAP contribution shall be deposited on account by the Township on or before June 30 of each year. LOSAP funds, once deposited in the LOSAP fund, shall be invested in accordance with the Pennsylvania Fiduciaries Act.
A LOSAP Committee, consisting of six members, is hereby establishedand shall be maintained to provide for the review of the LOSAP Programand to provide advice on the investment of LOSAP funds. Said Committeeshall be composed of the Township's Manager, Public Safety Director,and Finance Director, and one representative each, appointed by theColonial Park, Paxtonia, and Linglestown Fire Companies. The LOSAPCommittee shall serve in a fiduciary capacity to the LOSAP fund andshall report directly to the Board of Supervisors. The LOSAP Committeeshall meet as needed, but no less frequently then on an annual basis.The Township's Finance Director shall serve as the chairman ofthe LOSAP Committee.
The effective date of this chapter shall be January 1, 2008.