282.100 PLAN NOT A CONTRACT OF EMPLOYMENT
No police officer of the employer nor anyone else shall have any rights whatsoever against the employer or the Plan Administrator as a result of this plan except those expressly granted to them hereunder. Nothing herein shall be construed to give any police officer the right to remain on the police force of the employer.
282.101 CONSTRUCTION OF DOCUMENT
This plan shall be construed and enforced according to and so as to be in compliance with the laws of the Commonwealth of Pennsylvania, including but not limited to Act 600 of 1956, as amended, Act 205 of 1984, as amended, and Act 30 of 2002, and including amendment of said Acts.
Any headings or subheadings in this plan are inserted for convenience of reference only and are to be ignored in the construction of any provision hereof.
282.103 SEVERABILITY OF PROVISIONS
In case any provisions of this plan shall be held illegal or invalid for any reason, said illegality or invalidity shall not affect the remaining parts of this plan, and the plan shall be construed and enforced as if said illegal and invalid provisions had never been inserted therein.
282.104 INCAPACITY OF PENSIONER
If any pensioner shall be physically or mentally incapable of receiving or acknowledging receipt of any payment of pension benefits hereunder, the plan Administrator, upon the receipt of satisfactory evidence that such pensioner is so incapacitated and that another person or institution is maintaining him or her, may provide for such payment of pension benefits hereunder to such person or institution so maintaining him or her, and any such payments so made shall be deemed for every purpose to have been made to such pensioner.
282.105 LIABILITY OF OFFICERS OF THE PLAN; ADMINISTRATOR AND/OR EMPLOYER
Subject to the provisions of the Act and unless otherwise specifically required by other applicable laws, no past, present or future officer of the employer shall be personally liable to any participant, beneficiary, or other person under any provision of the plan.
282.106 ASSETS OF THE FUND
Nothing contained herein shall be deemed to give any participant or his/her beneficiary any interest in any specific property of the Pension Fund or any right except to receive such distributions as are expressly provided for under the plan.
282.107 PENSION FUND FOR SOLE BENEFIT OF PARTICIPANT
The income and principal of the Pension Fund are for the sole use and benefit of the participants covered hereunder, and to the extent permitted by law, shall be free, clear, and discharged from and are not to be in any way liable for debts, contracts or agreements, now contracted or which may hereafter be contracted, and from all claims and liabilities now or hereafter incurred by any participant or beneficiary.
282.108 NON-DUPLICATION OF BENEFITS
A participant who shall be receiving a monthly retirement benefit under this plan and who shall resume employment as an employee, shall have benefit payments suspended until the first day of the month coincident with or next following the date such employment shall cease. Such benefit payments shall, upon resumption, be adjusted to reflect any change in final monthly average compensation and years of service caused by such additional period of employment; provided, however, that such adjustment shall not result in a decrease in such participant’s monthly retirement benefit. A participant and the participant’s beneficiary shall not be entitled to receive retirement benefits or survivor benefits and disability benefits for the same period. Within thirty days of reaching the normal retirement date, a participant, or the participant’s beneficiary, who is receiving disability benefits or death benefits, shall elect, in writing, to either continue receiving disability benefits or death benefits or in lieu thereof to receive retirement benefits. This time period may be extended by the Plan Administrator for just cause.
282.109 PERSONAL RIGHT OF PARTICIPANT
Each participant’s right to receive any benefits hereunder is personal and shall expire upon the death of the participant. No heir, legatee, devisee, beneficiary, assignee or other person claiming by or through a participant shall have any interest in any benefits hereunder unless clearly and expressly so provided by the terms of this plan. A participant’s election, failure to make an election or revocation of an election hereunder shall be final and binding on all persons.