City of Pottsville September 9, 2024 Proposed Council Meeting Agenda 6:00 p.m. Council Chambers, 2nd Floor.  Regular Monthly Business *Departmental and Financial Reports WorkSession Dan Koury regarding the St. Paddy's Day Parade  Megan Price speaking about bringing the] International Film Festival to! Schuylkill County  Resolutions are as follow:  Appointing Deborah Kapp to the position of School Crossing Guard Authorizing the City Clerk to solicit bids for Gasoline and Diesel Fuel Authorizing the City Clerk to solicit bids for Road Salt Ratifying an agreement between Black Rock Brewing and the City of Pottsville refurbishment a fire engine for Yorkville Hose Company. for the Pottsville Area Schooll District.  Designating the Mayor and City Clerk to execute all documents and agreements between the City and the Commonwealth ofPA for 150,000 from the Statewide Local Share. Assessment grant to re-chassis and Authorizing the Mayor to sign the Cooperation. Agreement or any necessary paperwork to conclude the RACP grant  Ordinances  First Reading of Bill 8/2024 - Amending the Codified Ordinance of the City of Pottsville - Chapter 46, Articlel,  Pensions and Retirement.  A copy of the above referenced ordinance is attached.  *Public None are Scheduled.    FILE OF THE COUNCIL OF THE CITY OF POTTSVILLE, PA  Ordinance Number Introduced by Enacted by Council  Bill Number 8/2024  AN ORDINANCE AMENDING THE CODIFIED ORDINANCES OF' THE CITY OF POTTSVILLE- CHAPTER 46, PENSIONS AND RETIREMENT The City Council of the City of] Pottsville does hereby ordain that Chapter 46, Pensions and Retirement, ArticleIregarding the death benefit provided under the Police Pension Fund is hereby amended to reflect that the City ofPottsville is under the Third Class City Code and is thereby obligated to provide certain death benefits to the participant's] parents ift the participant is WHERAS, the City of Pottsville previously established the City of Pottsville Police Pension WHERAS, THE City ofI Pottsville in order to continue its compliance with the state law, desires to enact an amendment to the Plan recognizing the death benefits due to the participant's parents ift the participant is not survived by a spouse or minor children under the Third-Class City Code. NOW THEREFORE, be it ordained and enacted by the City of Pottsville that the attached amendment of the City of Pottsville Police Pension Plan is enacted and the City Clerk as agent of the Employer is authorized and directed to execute the attached amendment to the Plan.  not survived by a spouse or minor children.  Plan; and  ORDAINED AND ENACTED THIS  day of  2024.  CITY OF POTTSVILLE  Mayor Dave Clews  ATTEST:  Lisa M. Shuman, City Clerk    AMENDMENT #2 TO THE  CITY OF POTTSVILLE POLICE PENSION PLAN  As authorized by Section 9.2 of the City of Pottsville Police Pension Plan ("Plan") as amended and restated effective January 1, 2008, the employer, City of Pottsville, hereby amends the Plan  int the following manner: FIRST: Death Benefits  Article IVi is amended to reflect that the City of Pottsville is under the Third Class City Code and isth thereby obligated to provide certain death benefits toi the participant's parents if the participant is not survived by a spouse or minor children. As amended, Section 4.1 and 4.2 shall read as  follows:  Section 4.1- Death Benefit With Respect to Employee Contributions  (a) Benefit Payable. - If a participant dies prior to his annuity starting date (as defined in Section 7.1(e)(12)) andi ifr no death benefit is payable under Section 4.2, an: amount equal to the participant's accumulated contributions as determined under Section 6.2 shall be' payable tot the (b) Beneficiary Designation- = The participant shall have the right to designate his beneficiaries, including a contingent beneficiary; and shall have the right at any time to change such beneficiaries. The designation shall be made in writing on ai form supplied by the plan administrator. No designation shall be effective until filed with the plan administrator. Ifthe participant fails to designate al beneficiary, or ifthe designated person or persons predeceases the participant, "beneficiary" shall mean the surviving spouse. Ift there is neither a named beneficiary nor as surviving spouse, then the benefit shall be payable to any. eligible child (or children) of the participant. Int the case of multiple eligible children, the. bénèfit payable shall be divided equally among the children, If there is no named beneficiary, no surviving spouse, and no eligible child, thel benefit shall be payable toi the participant's parent or parents. If there is no surviving parent, the benefit shall be payable to the estate of the participant. However, int the event that no letters have been taken out ont the estate within six months after death and the death benefit payable is less than $100, the death benefit shail be paid to the undertaker or any (c) Eligible Child-F For purposes of this Article MV, an eligible child is a child of the participant who is under the age of 18. Child shalli include the adopted child oft the participant. - Ifar retired or disabled participant who is receiving a pension benefit dies or if an active participant dies, the participant's surviving spouse or eligible child (ifa any and as further described in Section 4.1(c)) shall receive a benefit equal to 50% of the retirement benefit that the participant was réceiving or would have been receiving ift the participant had been retired on the date of death and may receive the pension the member was receiving or would have been receiving had he been retired at the time Payment shall be ini the form of ap pension (without actuarial adjustment with respect to the age of the beneficiary) and shall commence as of the first day following the date of the participant's death. Payment tot the surviving spouse shall cease upon the death of the surviving spouse. Ift there is no surviving spouse or if the surviving spouse dies (thereby ceasing tol be the surviving spouse oft the participant), then thel benefit shall be payable to any eligible child (or children) oft the- participant as defined in Section 4.1(c). Int the case of multiple eligible children, the benefit payable shall be divided equally among the children. Payment shall cease upon the earlier of death or The participant's spouse cannot waive receipt oft this benefit. Ini the case of an unmarried participant who has no children under the age of 18, then the benefit shall be payable to the participant's parent orp parents. Ifthere is no surviving parent, no death benefit shall be payable under this Section 4.2, but a death benefit may be payable under Section 4.1. The death benefit payable shall not be less thant the benefit payable under Section 4.1. In the event that there is no spouse or child eligible to  participant's designated beneficiary in one lump sum.  person or municipality that paid the claim oft the undertaker.  Section 4.2. -Survivor Benefit  of the participant's death.  attainment of age 18.  53LP252.90208212024    receive the death benefit payable under this Section 4.2, the death benefit provided under Section 4.1 shall be paid as described.t therein. The distribution shall comply with the Distribution Requirements of Ift there is an acceptable domestic relations order int force with respect to the participant, the alternate payee shall receive aj portion of the death benefit toi the extent provided in the order, but only ift the alternate payee has not died. However, no order shall be accepted ifi it provides that the alternate payee shall bet the surviving spouse creating ai right to a death benefit under this Section 4.2 as the death benefit payable hereunder is only payable with respect to a widow or widower or an eligible  Section 7.2(d)(2)..  child.  SECOND: Effective Date  This amendment is made effective as ofJanuary 1, 2008.  THIRD: Remaining Plan Provisions  All other provisions oft the Plan remain inf full force and effect.  Executed this Pottsville.  day. of  by the duly authorized, agent of City of  Title:  53LP252.00208212024