1 - ADMINISTRATION AND GOVERNMENT

1-2

Department of Public Safety.

§1-171.

Functions

Department of Public Works.

§1-181.

Functions

Legal Services.

§1-191.

Solicitor

City Clerk.

§1-199.1.

City Clerk

Advisory Agencies.

§1-199.11.

Authorities, Boards and Committees

City Treasurer.

§1-199.21.

Bond

§1-199.22.

Duties

City Controller.

§1-199.31.

Bond

§1-199.32.

Duties

Personnel.

§1-199.41.

Policy

§1-199.42.

Blanket Bond

Finance.

§1-199.51.

Budget

§1-199.52.

Appropriations

§1-199.53.

Budget Operation

§1-199.54.

Purchasing

§1-199.55.

Contracts

§1-199.56.

Depositories of City Funds

§1-199.57.

Temporary Investments

§1-199.58.

Annual Audit

1-3

General Provisions.

§1-199.61.

Rules and Regulations

§1-199.62.

Sundays and Holidays

§1-199.63.

Constitutional Construction

§1-199.64.

Municipal Claims

Transitional Provisions.

§1-199.71.

References and Prior Ordinances

PART 2

ELECTED OFFICIALS

Mayor or Council.

§1-201.

Mayor's Compensation

§1-202.

Compensation of Council Members

Tax Collector.

§1-211.

Tax Collector's Commission

PART 3

APPOINTED OFFICIALS

§1-301.

Office of Health Officer Established; Qualifications and Responsibilities

§1-302.

Appointment of Health Officer

§1-303.

Position of Planner/Development Coordinator Established; Duties;
Compensation

§1-304.

Position of Chief of Police Established; Duties; Compensation

PART 4

AUTHORITIES

Lock Haven City Authority.

§1-401.

Intention to Organize City Authority

§1-402.

Articles of Incorporation

§1-403.

Sewer Project to be Undertaken

1-4

Redevelopment Authority of the City of Lock Haven.

§1-411.

Declaration of Need

§1-412.

Operation Contingent Upon Issuance of Incorporation

§1-413.

Membership; Appointments

§1-414.

Powers and Duties

PART 5

BOARDS AND COMMISSIONS

Code Enforcement Board of Appeals and Review.

§1-501.

Code Enforcement Board of Appeals and Review Established

§1-502.

Functions

§1-503.

Membership

§1-504.

Duties and Responsibilities

§1-505.

Appeal Procedure

Civil Service Commission.

§1-511.

Civil Service Commission Established

§1-512.

Purpose and Function

§1-513.

Membership; Compensation; Appointment

§1-514.

Powers and Duties

Planning Commission.

§1-521.

Planning Commission Established

§1-522.

Purpose and Function

§1-523.

Composition; Compensation; Appointments

§1-524.

Powers, Duties and Administration

Recreation and Parks Board.

§1-531.

Recreation and Parks Board Established

§1-532.

Appointment of Members

§1-533.

Term of Office

§1-534.

Compensation; Vacancy

§1-535.

Election of Officers

§1-536.

Chief Executive Officer

Shade Tree Commission.

§1-541.

Shade Tree Commission Established

§1-542.

Authority to Assess Penalties

1-5

Watershed Management Committee.

§1-551.

Watershed Management Committee Established

§1-552.

Purpose

§1-553.

Composition of Committee

§1-554.

Annual Report

Board of Health.

§1-561.

Creation; Duties and Powers

PART 6

POLICE DEPARTMENT

Police Department.

§1-601.

Definition of "Applicant"

§1-602.

Passage of Civil Service Examination Required

§1-603.

Passage of Physical Examination Required

§1-604.

Veterans' Preference Applicable

§1-605.

Probationary Period Prior to Permanent Appointment

Auxiliary Police Department.

§1-611.

Auxiliary Police Department Established

§1-612.

Membership; Appointment

§1-613.

Oath

§1-614.

Authority for Manager or Director of Public Safety to Call Auxiliary Police to
Active Duty

§1-615.

Auxiliary Police May be Special School Police

§1-616.

Powers and Duties

PART 7

FIRE DEPARTMENT

Organization.

§1-701.

Fire Department Organization

§1-702.

Fire Department Advisory Board

§1-703.

Appointment of Chief and Assistant Chiefs

1-6

§1-704.

Appointment of Paid Fire Truck Drivers

§1-705.

Auxiliary and Relief Drivers

§1-706.

Vacancy in Office of Fire Department Advisory Board

§1-707.

Vacancy in Office of Chief or Assistant Chiefs

§1-708.

Fire Truck Driver Vacancy

Duties and Responsibilities.

§1-711.

Duties of Fire Department Advisory Board

§1-712.

General Duties of Chief

§1-713.

General Duties of Assistant Chiefs

§1-714.

General Duties of Drivers

§1-715.

Duties of Firemen at Fires

General Regulations.

§1-721.

Use of Intoxicating Liquor

§1-722.

Use of Apparatus

§1-723.

Raising Funds by Entertainment

§1-724.

Inspection of Companies

§1-725.

Power of Council to Suspend or Expel; Company, Officer or Member

Firemen's Relief Association.

§1-731.

Firemen's Relief Association Recognized.

§1-732.

Association Designated to Receive Funds from State Treasurer

§1-733.

Payment to Association

PART 8

PENSIONS

Police Pensions.

§1-801.

Police Pension Fund Established

§1-802.

Maintenance, Direction and Distribution of the Fund

§1-803.

Police Pension Fund Created; Membership; Appointments

§1-804.

Compensation of Board; Reimbursement of Expense

§1-805.

Powers of the Board; Corporate Depository; Duties

§1-806.

Duties of the Board; Meetings; Report of Depository; Designation of Depository

§1-807.

Police Pension Fund Association Established; Membership Requirements

§1-808.

Duties of the Association

§1-809.

Direction of the Fund

§1-810.

Annual Appropriation by the City

§1-811.

[Reserved]

§1-812.

Investment of Funds

§1-813.

Inalienability of Pension Payments

1-7

§1-814.

Eligibility for Retirement; Amount of Pension Payment; Widow's and
Survivor's Benefits; Service Increments

§1-815.

Eligibility for Vesting After 12 Years of Service

§1-816.

Definitions; Disability Benefits

§1-817.

Refund of Member's Contribution; Status of Military Service

§1-818.

Elected Officials Ineligible for Pension Payments

§1-819.

Disbursements from Fund

§1-820.

Pension Payments Charged Against Pension Fund Only

§1-821.

Treasurer's Bond

§1-822.

Treasurer's Duties

§1-823.

Financial Report by Depository

§1-824.

Retirement Committee

§1-825.

Applicable Provisions of the Internal Revenue Code

City of Lock Haven City Employees Retirement Fund.

§1-831.

City Employees Retirement Fund Established

§1-832.

Name of Plan

§1-833.

Definitions

§1-834.

Eligibility and Participation

§1-835.

Eligibility for Benefits

§1-836.

Benefits

§1-837.

Financing

§1-838.

Trustee

§1-839.

Amendment and Termination

§1-840.

Employees Retirement Fund Board

§1-841.

Miscellaneous

§1-842.

Applicable Provisions of the Internal Revenue Code

Death Benefits for Retired Police.

§1-851.

Police Death Benefits Fund Established

§1-852.

Maintenance, Direction and Distribution of the Fund

§1-853.

Police Death Benefit Fund Board Created; Membership

§1-854.

Compensation of Board Members; Reimbursement of Expenses

§1-855.

Powers of the Board; Corporate Depository; Duties

§1-856.

Duties of the Board; Meetings; Report of Depository; Designation of Depository

§1-857.

Association Established

§1-858.

Direction of the Fund

§1-859.

Appropriation by the City

§1-860.

Investment of Funds

§1-861.

Inalienability of Death Benefit Payments

§1-862.

Eligibility for Death Benefits

§1-863.

Disbursement of Fund

§1-864.

Death Benefits Payments Charged Against the Pension Fund Only

§1-865.

Treasurer's Bond

§1-866.

Treasurer's Duties

§1-867.

Financial Report by Depository

1-8

Death Benefits for Active Police.

§1-871.

Lock Haven Police Benefits Fund Established

§1-872.

Maintenance, Direction and Distribution to the Fund

§1-873.

Police Benefits Fund Board Created; Membership; Appointment

§1-874.

Compensation of Board Members

§1-875.

Powers of the Board; Corporate Depository; Duties

§1-876.

Duties of the Board; Meetings; Report of Depository; Designation of Depository

§1-877.

Association Established

§1-878.

Direction of Fund

§1-879.

Appropriation by the City

§1-880.

Member's Contribution; Authorization for City to Deduct

§1-881.

Investment of Funds

§1-882.

Inalienability of Benefit Payments

§1-883.

Eligibility for Death and Medical Benefits

§1-884.

Disbursements from Fund

§1-885.

Benefit Payments Charged Against Benefit Fund Only

§1-886.

Treasurer's Bond

§1-887.

Treasurer's Duties

§1-888.

Financial Report by Depository

PART 9

REAL ESTATE REGISTRY

§1-901.

Registration of Real Estate Department Established; Supervision

§1-902.

Duties of City Engineer; Maintenance of Books, Maps and Plans; Approval
Required

§1-903.

Duty of Owners of Unregistered Real Estate; Duty of Purchasers of Real Estate

§1-904.

Duty of Persons Acquiring Real Estate or Interest Therein

§1-905.

Duty of County Sheriff In Reference to Judicial Sales; Fees and Expenses

§1-906.

Duty of County Recorder of Deeds; Fees

§1-907.

Storage of Books, Maps and Plans

§1-908.

Availability of Records to Board of Revision of Taxes and Appeals

§1-909.

Penalty for Violation

PART 10

EMPLOYEE BENEFITS

§1-1001.

Overtime Pay

§1-1002.

Call-In Pay

§1-1003.

Longevity Pay

§1-1004.

Applicability of Certain Provisions

(1, PART 1C)

1-15

City Council.

§1-121.

General Powers.

The legislative power and all matters of policy of the City government shall be vested in and
exercised by the Council.

(Ord. 813A, 12/30/1971, §301)

§1-122.

Mayor.

The powers and duties of the Mayor shall be such as are expressly conferred on him by Article
V, §508, of the Charter Law.

(Ord. 813A, 12/30/1971, §302)

§1-123.

Organization.

At the first meeting in January each year Council shall organize by:

Choosing one of their number as Vice President of Council who shall have the
powers and duties of Mayor during the absence or disability of the Mayor.

Designating from their number individuals to serve as liaison between Council
and appointed City advisory boards and commissions and other agencies with
which the City is involved or has an interest.

(Ord. 813A, 12/30/1971, §303)

§1-124.

Meetings.

Regular meetings of Council shall be held at least twice a month on such date and at such time
and place as shall be established by resolution of Council, except the months of July, August
and September when meetings shall be held at least once each month. All meetings shall be
open to the public and notice of regular, special and adjourned meetings shall be given as
prescribed by law.

(Ord. 813A, 12/30/1971, §304; as amended by Ord. 670, 2/24/2003, §1)

(1, PART 1D)

1-17

City Manager.

§1-131.

Qualifications.

The qualifications of the Manager shall be as set forth in Article V, §513, of the Charter Law.

(Ord. 813A, 12/30/1971, §401)

§1-132.

Bond.

The Manager shall furnish a bond to the City, with corporate surety satisfactory to Council, in
the sum of $5,000, conditioned upon the faithful performance of his duties as Manager. The
premium on such bond shall be paid by the City.

(Ord. 813A, 12/30/1971, §402; as amended by Ord. 818A, 3/6/1972, §1)

§1-133.

Powers and Duties.

The Manager shall be the chief administrative officer of the City and shall have all the powers,
duties and responsibilities set forth in the Charter Law. In addition thereto the Manager shall:

Be responsible to Council for the direction and supervision of the affairs of the
City in accordance with policies established by Council and in a manner
satisfactory to a majority thereof.

Appoint competent, qualified officers and employees to the administrative service
and have the power to dismiss, suspend and discipline in accordance with the
Charter Law .

Designate himself or some other officer or employee to perform the duties of any
office or position in the administrative service during a vacancy, absence or
disability of an incumbent.

Have the power to assign any employee of the City under his authority to any
department or branch thereof requiring services appropriate to the personnel
classification of the employee so assigned and subject to the limitations of civil
service laws.

Have the power to prescribe rules and regulations as he shall deem necessary or
expedient for the conduct of administrative agencies under his authority and to
revoke, suspend or amend any rule or regulation of the administrative service.

Have the power to investigate, examine or inquire into the affairs or operations of
any department, division, bureau or office under his authority.

ADMINISTRATION AND GOVERNMENT

1-18

Have the power to set aside any action taken by a department director under his
authority and supersede him in the functions of his office.

Have the power to direct any department, division, bureau or office under his
authority to perform the work of any other department, division, bureau or office.

Have the power to designate from the administrative service such committees and
the officers thereof as he shall find necessary for the proper consideration of
administrative problems.

Establish a uniform accounting system in accordance with Article V of the Charter
Law throughout the City government. Such system shall be designed to reflect
accurately the assets and liabilities and the income and expenses of the City and
shall control all expenditures by an encumbrance system.

Prepare and present to Council an annual budget as provided by this Part.

Prepare and present to Council a monthly financial report of City revenues and
expenditures for all departments and funds. The report shall include the amounts
budgeted, current monthly expenditures, year-to-date receipts and expenditures
and the remaining balances .

Prepare and present to Council an annual report on the operating performance of
all departments and City agencies.

Should the position of Director of any department be vacant, the duties of that
position shall be assigned to the City Manager. [Ord. 670]

(Ord. 813A, 12/30/1971, §403; as amended by Ord. 670, 2/24/2003, §1)

(1, PART 1E)

1-19

Administrative Departments.

§1-141.

Departments.

The City shall have the following administrative departments under the supervision of the
Manager:

Department of Administration.

Department of Finance.

Department of Public Safety.

Department of Public Works.

(Ord. 813A, 12/30/1971, §501)

§1-142.

Appointment, Qualifications and Removal of Directors.

Department directors, except the Director of the Department of Finance, shall be chosen by the
Manager solely on the basis of executive and administrative qualifications appropriate to the
duties of their respective departments and shall be subject to removal at the discretion of the
Manager, as provided by Article V, §516, of the Charter Law.

(Ord. 813A, 12/30/1971, §502)

§1-143.

Duties of Directors.

Under the direction of the Manager each department Director shall:

Direct the performance of all duties and responsibilities required by his
department or its subordinate agencies as provided by statute, this Administrative
Code or other ordinance of the City and such other duties as may be required by
the Manager which are not in conflict with law or ordinances.

Be immediately responsible to the Manager for the effective administration of his
department and all activities assigned to it.

Subject to the provisions of Article XLIV of the Third Class City Code, 53 P. S.
§39401 et seq., as to civil service, department directors shall, with the approval of
the Manager, appoint and remove subordinate officers and employees within their
respective departments.

Prescribe the internal organization of the department and the duties of
subordinate officers and employees of the department with the approval of the
Manager.

ADMINISTRATION AND GOVERNMENT

1-20

Assign functions, powers and duties to subordinate officers and employees within
the department and modify such assignments as needs appear.

Supervise the work of the department through the provisions provided by the
Administrative Code and such other organization units as the director may find
necessary or desirable and supervise and direct the work of the employees of the
department.

Delegate such of his powers as he may deem necessary for efficient
administration.

Provide, under the direction and with the approval of the Manager, to any
department or subordinate agency such service, labor, materials and equipment
as may be requisitioned by such department or subordinate agency and, as its own
facilities permit, through the same procedure and subject to the same audit as
other expenditures incurred.

Submit monthly and annual reports to the Manager of programs and
accomplishments of his department and such other reports as the Manager may
require.

Keep informed on advances in administrative and operational practices in his
respective field and institute within his department those practices he deems in
the best interest of the City.

Establish and supervise such in-service training programs as he deems desirable
or necessary for the improvement of services to the public.

(Ord. 813A, 12/30/1971, §503)

(1, PART 1F)

1-21

Department of Administration.

§1-151.

Functions.

The Department of Administration shall be headed and supervised by the Manager. The
Department shall perform the administrative service functions for the City, its departments and
agencies not otherwise provided in this Administrative Code. The areas of responsibility of
the Department of Administration shall include:

Recording, filing, indexing and safekeeping of all proceedings of Council.

Maintenance of records and files of general application to City operations, its
departments and agencies.

Supervision of personnel policies and practices as established by Council.

Administration of a centralized purchasing system for all departments of City
government.

Development of the fiscal aspects of the capital improvement and development
programs of the City.

Preparation of the annual operating budget.

Tabulation of all departmental reports.

Such other functions as shall be assigned to this department by general law or by
Council.

The administration, direction and supervision of City engineering services. [Ord.
956A]

The administration, direction and supervision of City planning and community
developments services and activities. [Ord. 956A]

(Ord. 813A, 12/30/1971, §601; as amended by Ord. 956A, 6/7/1976, §2)

(1, PART 1G)

1-23

Department of Finance.

§1-161.

Functions.

The Department of Finance shall be headed and supervised by a Director of Finance who may
be the elected Treasurer of the City. The Department shall act to promote, secure and preserve
the financial and property interests of the City in all cases where the duty is not expressly
charged to any other department or office. The areas of responsibility of the Department of
Finance, to the extent consistent with general law, shall include: [Ord. 670]

General supervision over all officers of the City regarding the proper management
of the fiscal concerns of their respective offices.

Maintenance of separate and distinct records of all City assets, property, trusts,
debts owing to the City and other resources whatsoever.

Issuance of such financial reports as are deemed appropriate and necessary by
Council or the Manager.

Performance of such other functions and duties as may be required by Council.

(Ord. 813A, 12/30/1971, §701; as amended by Ord. 670, 2/24/2003, §1)

(1, PART 1H)

1-25

Department of Public Safety.

§1-171.

Functions.

The Department of Public Safety shall be headed and supervised by a Director of Public Safety.
The Department shall supervise the services provided by Council to promote the health, safety
and general welfare of the residents of the City and to those outside the City to whom such
services are extended to the extent that such services are not expressly charged to any other
department or office. The areas of responsibility of the Department of Public Safety shall
include:

The administration, direction and supervision of City police services which
includes traffic control and safety and City parking facilities.

The administration, direction and supervision of the City fire services to the extent
deemed advisable by Council and in cooperation with the Board of Directors of
the City volunteer fire organizations.

The administration, direction and supervision of City code enforcement and
inspection services except such services directly related to the Department of
Public Works.

The administration, direction and supervision of City health services.

Performance of such other functions and duties as may be required by Council.

(Ord. 813A, 12/30/1971, §801)

(1, PART 1I)

1-27

Department of Public Works.

§1-181.

Functions.

The Department of Public Works shall be headed and supervised by a Director of Public
Works. The Department shall be responsible for all matters relating to the construction, main-
tenance and operation of the physical properties of the City to the extent that such
responsibilities are not expressly charged to any other department or office. The areas of
responsibility of the Department of Public Works shall include:

The administration, direction and supervision of City street and highway
operations.

The administration, direction and supervision of City water operations.

The administration, direction and supervision of City sanitary sewer and storm
sewer operations.

The administration, direction and supervision of City parks and recreational
facilities.

The administration, direction and supervision of City buildings and property.

The administration, direction and supervision of City Flood Protection Operations.
[Ord. 670]

Performance of such other functions and duties as may be required by Council.
[Ord. 670]

(Ord. 813A, 12/30/1971, §901; as amended by Ord. 956A, 6/7/1976, §1; as amended by Ord. 670,
2/24/2003, §1)

(1, PART 1J)

1-29

Legal Services.

§1-191.

Solicitor.

The City Solicitor shall be appointed by and serve at the pleasure of Council. The Council may
appoint such assistant solicitor or solicitors as it deems necessary. The areas of responsibility
of the Solicitor shall be to:

Advise Council and the Manager or any City officer, when thereto requested,
upon all legal questions arising in the conduct of City business.

Prepare or revise ordinances so requested by Council, the Manager or any officer
thereof.

Give his written opinion on any legal matter or question submitted to him by
Council or the Manager or any of its committees or by any City officer.

Attend such Council meetings as requested by Council or the City Manager for the
purpose of giving Council and the Manager any legal advice requested. [Ord. 31B]

Prepare for execution all contracts and instruments to which the City is a party
and approve as to form all bonds required to be submitted to the City.

Represent the City in all legal actions brought by or against the City.

Have the power to adjust, settle, compromise or submit to arbitration any action
or causes of action, accounts, etc., in which the City is concerned, as directed by
Council.

Make an annual report to Council and the Manager of all pending litigation in
which the City has an interest and the condition thereof.

Keep records and deliver all records and documents and property of every
description in his possession, belonging in his office or to the City, to his successor
in office, who shall give duplicate receipts therefor, one of which he shall file with
the Manager.

(Ord. 813A, 12/30/1971, §1001; as amended by Ord. 31B, 3/7/1977)

(1, PART 1M)

1-35

City Treasurer.

§1-199.21.

Bond.

The City Treasurer shall furnish such fidelity bond and insurance as is required by general law.
The fidelity bond shall be in the amount of $200,000 or shall be included in the blanket bond
covering all City officers and employees. The Treasurer shall furnish insurance protection in
the amount of $3,000 against the loss of funds through fire, burglary, larceny, theft, robbery or
forgery. The premiums of such bond and insurance shall be paid by the City to the extent
required by law.

(Ord. 813A, 12/30/1971, §1301)

§1-199.22.

Duties.

The City Treasurer shall carry out such duties and exercise such powers with respect to the
receipt and disbursement of public monies as are provided by general law and, in addition
thereto, shall receive for deposit from the departments of the City all City monies collected by
such departments. The Treasurer shall disburse all such funds in accordance with warrants
issued to him therefor and duly signed by the City Controller and the head of the City
department or office listing said disbursement.

(Ord. 813A, 12/30/1971, §1302)

(1, PART 1N)

1-37

City Controller.

§1-199.31.

Bond.

The City Controller shall give bond to the City as required by general law in the sum of
$100,000 and the premium therefor shall be paid by the City

(Ord. 813A, 12/30/1971, §1401)

§1-199.32.

Duties.

The City Controller shall review all warrants for the expenditure of City monies and, if satisfied
that such expenditure is within the budget allotment pertaining thereto, shall sign said warrant
before it is presented to the City Treasurer for payment. In so doing he shall also pre-audit all
claims and demands against the City prior to payment and shall approve warrants for payment
thereof only if satisfied that such payment is in accordance with law. The City Controller shall
be responsible for the control of an encumbrance system of the City budget operation. He shall
receive from the Manager and Directors such information regarding City properties and
obligations and City income and expenditures as he deems necessary to carry out these duties.
He shall furnish Council and the Manager a report concerning these matters at such times as
he deems necessary.

(Ord. 813A, 12/30/1971, §1402)

(1, PART 1O)

1-39

Personnel.

§1-199.41.

Policy.

The Manager shall be responsible for the establishment and maintenance of a merit system
personnel program which is to include a position classification system and pay plan covering
all City employees as provided by the Charter Law. The basic personnel policy of the City shall
be:

Employment by the City shall be based upon merit and fitness, free from sexual,
personal, racial, religious and political considerations. [Ord. 670]

Recruitment shall be conducted on a broad basis in order to secure an adequate
field of selection.

Just and equitable conditions of employment shall be established and maintained
in order to promote efficiency and economy in the operation of the City.

Positions having similar duties and responsibilities shall be classified and
compensated on a uniform basis.

Appointments, promotions and other personnel actions shall be made on merit,
systematic tests and evaluations.

Tenure of employees and appointive officers shall be subject to good behavior,
satisfactory performance of work, requirements of the City and availability of
funds.

(Ord. 813A, 12/30/1971, §1501; as amended by Ord. 670, 2/24/2003, §1)

§1-199.42.

Blanket Bond.

Any officer or employee of the City who is or may be required to give bond to the City
conditioned for the faithful performance of his duties, except such officers and employees who
are required by law to give individual bonds, may be covered by a public employees blanket
bond, the amount and coverage thereof to be determined by Council on the advice of the
Manager.

(Ord. 813A, 12/30/1971, §1502)

(1, PART 1P)

1-41

Finance.

§1-199.51.

Budget.

The City budget shall be submitted in accordance with Article V, §§517 and 518, of the Charter
Law, and shall include a complete detail of all City operating funds and a capital budget. On
or before April 1 of each year, the Manager shall submit a proposed 6 year capital improvement
program . The program submitted may be modified by the affirmative vote of a majority of
Council. Passage of the 6 year capital improvement program shall be subject to annual
revision.

(Ord. 813A, 12/30/1971, §1601)

§1-199.52.

Appropriations.

No monies shall be paid out of the City Treasury, except upon appropriation previously
made by Council and upon warrant pursuant thereto, which warrant shall explicitly
state the purpose for which the money is to be drawn. No work shall be hired to be
done, no materials purchased, no contracts made and no order issued for the payment
of any monies in any amount which will cause the sums appropriated to specific
activities to be exceeded, except as herein provided. The Council may make
supplemental appropriations for any lawful purpose from funds on hand or estimated
to be received during the fiscal year and not appropriated to any other purpose.

The Manager shall have the power to transfer from or incur expenses against any
account or activity; provided, that the cumulative total of such transfers or incurred
expenses which have not been approved by a majority of Council at a public meeting
thereof shall never exceed 5% of the original allocation for the activity from which the
transfer or expense is made or $5,000, whichever is less, except in those situations where
the safety and welfare of the citizens of the City shall be jeopardized by strict adherence
to this requirement. The authority of the Manager to transfer funds may be exercised
within the expenditure categories of the same activity or from one activity within the
same operating fund. In the event the Manager shall at any time transfer or incur
expenses against any account or activity in an amount of $1,000 or more, he shall, within
24 hours of such transfer or expense, notify members of Council, in writing, of such
transfer or expense at such place within City Hall as shall be accessible to the general
public.

The term "activity" used in this Section shall mean the sum of all line item amounts
constituting the total appropriation for each of the specific budget divisions identified
below:

General Fund.

Administration, finance/accounting, tax collection, engineering,

buildings/property, police protection, fire protection, code
enforcement/planning/health, streets/storm sewers, parking/traffic safety,
recreation/parks, levee maintenance, debt service and employee
benefits/insurance.

ADMINISTRATION AND GOVERNMENT

1-42

Water Fund.

Collection, purification, pumping, distribution, administration,

employee benefits/insurance and transfers.

Sewer Fund.

Collection, treatment, administration, debt service, employee

benefits/insurance and transfers.

Off-Street Parking Fund.

Parking lots.

Highway Aid Fund.

Streets/storm sewers.

Airport Fund.

Operating expenses and capital expenses.

(Ord. 813A, 12/30/1971, §1602; as amended by Ord. 192B; 2/20/1984, §I)

§1-199.53.

Budget Operation.

The Manager shall supervise the administration of each annual budget. Immediately after the
budget has been enacted and after consultation with the Directors he shall establish quarterly
or such other periodic allotments of appropriations to each department. At the beginning of
each allotment period the amount specified shall become available to each department for
obligations during that period. Such allotments for any department may be modified by the
Manager upon request of the Director. The Manager shall file with the Controller a copy of
each allotment and modification thereof. If at any time during the budget year the Manager
shall ascertain the probability of a cash deficit, he shall reconsider the work programs and
allotments of the several officers, departments and agencies. Upon such reconsideration the
Manager shall revise the allotments so as to forestall, as far as possible, the making of
commitments and expenditures in excess of the revenue to be realized during the fiscal year.

(Ord. 813A, 12/30/1971, §1603)

§1-199.54.

Purchasing.

In accordance with the Third Class City Code, the Manager shall be responsible for the
establishment and maintenance of a centralized purchasing system. The system shall establish
a requisitioning procedure and adopt rules governing emergency purchases. It shall also
include an internally accurate perpetual inventory of all City property and shall provide for an
annual physical inventory.

(Ord. 813A, 12/30/1971, §1604; as amended by Ord. 670, 2/24/2003, §3)

§1-199.55.

Contracts.

Contract administration for the City shall be vested in the City Manager

(Ord. 813A, 12/30/1971, §1605)

(1, PART 1P)

1-43

§1-199.56.

Depositories of City Funds.

The City Treasurer shall deposit all City funds and all City taxes collected by him in such banks
or other financial depositories as are designated by Council. All such deposits shall be made
in the name of the City.

(Ord. 813A, 12/30/1971, §1606; as amended by Ord. 670, 2/24/2003, §1)

§1-199.57.

Temporary Investments.

The Manager and the City Treasurer jointly shall have power to provide for the temporary
investment of City funds and for the disposal of such securities when the monies may be
needed. Such investments shall be made in accordance with the Third Class City Code, 53 P.S.
§36804.1.

(Ord. 813A, 12/30/1971, §1607)

§1-199.58.

Annual Audit.

Pursuant to §520 of the Charter Law, all accounts of the City shall be audited following the
close of each fiscal year by an outside certified public accountant selected by resolution of
Council.

(Ord. 813A, 12/30/1971, §1608)

(1, PART 1Q)

1-45

General Provisions.

§1-199.61.

Rules and Regulations.

No rule or regulation made by any department, office, agency or authority of the City, except
such as relates to the organization or internal management of the City, shall take effect until
it has been approved as to form and legality by the Solicitor and approved by the Manager.
City Council shall receive all such rules and regulations and they shall be filed with the
Manager.

(Ord. 813A, 12/30/1971, §1703)

§1-199.62.

Sundays and Holidays.

Whenever any time established by this Part for the taking of any action expires on a Sunday
or any legal holiday, such time shall not expire on said day but shall expire on the next work
day.

(Ord. 813A, 12/30/1971, §1702)

§1-199.63.

Constitutional Construction.

The provisions of this Part shall be severable and if any of its provisions shall be held to be
unconstitutional or illegal the validity of any of the remaining provisions of the Part shall not
be affected thereby. It is hereby expressly declared as the intent of the Council that this Part
would have been adopted had such unconstitutional or illegal provision or provisions not been
included herein.

(Ord. 813A, 12/30/1971, §1703)

§1-199.64.

Municipal Claims.

The City Solicitor shall be furnished by the Directors of the various departments with
statements of claims which remain due and unpaid within 30 days from the date said claim be-
came due and payable. The City Solicitor shall enter such claim in the City lien docket. Upon
payment of any claim so entered it shall be the duty of the City Solicitor to cause satisfaction
to be entered upon the proper record.

(Ord. 813A, 12/30/1971, §1704)

(1, PART 3)

1-53

PART 3

APPOINTED OFFICIALS

§1-301.

Office of Health Officer Established; Qualifications and Responsibilities.

Thea position of Health Officer is hereby established within the Department of Public Safety,
Code Enforcement Division. The qualifications and responsibilities of the Health Officer shall
be as set forth in a job description prepared by the City Manager and such description shall
include qualifications and responsibilities associated with the position of Health Officer.

(Ord. 936A, 10/6/1975, §1; as amended by Ord. 670, 2/24/2003, §1)

§1-302.

Appointment of Health Officer.

Appointment to the position of Health Officer shall be in a manner consistent with the civil
service provisions of the Third Class City Code and the regulations of the Pennsylvania
Department of Health.

(Ord. 936A, 10/6/1975, §2; as amended by Ord. 670, 2/24/2003, §1)

§1-303.

Position of Planner/Development Coordinator Established; Duties;
Compensation.

The full-time position of Planner/Development Coordinator is hereby established within the
Department of Administration. The Planner/Development Coordinator shall be responsible
to the City Manager for the administration, direction and supervision of City planning and
community development services and activities as more fully described in the applicable job
description.

(Ord. 955A, 6/7/1976, §1; as amended by Ord. 670, 2/24/2003, §1)

§1-304.

Position of Chief of Police Established; Duties; Compensation.

The full-time position of Chief of Police is hereby established within the Department of Public
Safety. The Chief of Police shall be responsible to the Director of Public Safety for the
administration, direction and supervision of City police services which include traffic control
and safety and City parking facilities.

(Ord. 955A, 6/7/1976, §2; as amended by Ord. 670, 2/24/2003, §1)

(1, PART 4A)

1-55

PART 4

AUTHORITIES

Lock Haven City Authority.

§1-401.

Intention to Organize City Authority.

The Council hereby signifies its intention and desire to organize an authority under the
provisions of the Municipality Authorities Act of May 1945, as amended.

(Ord. 312A, 4/10/1952, §1)

§1-402.

Articles of Incorporation.

The Mayor and City Clerk are hereby authorized and directed to execute on behalf of the City
of Lock Haven Articles of Incorporation for said Authority, in substantially [the following]
form:

Articles of Incorporation

To the Secretary of the Commonwealth of Pennsylvania:

In compliance with the requirements of the Act of May 2, 1945, P. L. 382, known as
"Municipality Authorities Act of 1945, " as amended, the City of Lock Haven, Clinton County,
Pennsylvania, desiring to incorporate an Authority thereunder, does hereby certify:

The name of the Authority is "Lock Haven City Authority. "

Said Authority is formed under the provisions of the Act of May 2, 1945, P. L. 382, as
amended.

No other Authority organized under the Act of May 2, 1945, P. L. 382, as amended, is in
existence in or for the incorporating municipality, the City of Lock Haven.

The name of the incorporating municipality is City of Lock Haven, Clinton County,
Pennsylvania.

The names and addresses of its municipal authorities are as follows:

[Here followed the names, offices and addresses of the principal officers of the
City at the time of enactment of this Part.]

ADMINISTRATION AND GOVERNMENT

1-56

The names, addresses and terms of office of the first members of the Board of Authority
to be formed hereby are as follows:

[Here followed the names, addresses and terms of office of the first persons
appointed to the Board of the Authority.]

The ordinance authorizing the creation of said Authority certified from the records of the
Council of the City of Lock Haven, together with advertisement of notice of filing these
Articles of Incorporation are each submitted herewith.

(Ord. 312A, 4/10/1952, §2)

§1-403.

Sewer Project to be Undertaken.

The initial project to be undertaken by the Authority is to acquire, hold, construct, improve,
maintain, operate, own, lease, either in the capacity of lessor or lessee, sewers, sewer systems
or parts thereof and sewage treatment works, including works for treating and disposing of
industrial waste in and for the City of Lock Haven and for such other territory as it may be
authorized to serve.

(Ord. 312A, 4/10/1952, §3)

(1, PART 4B)

1-57

Redevelopment Authority of the City of Lock Haven.

§1-411.

Declaration of Need.

The Council of the City of Lock Haven does hereby specifically find and declare that there is
need for a Redevelopment Authority to function within the territorial limits of the City of Lock
Haven.

(Ord. 850A, 5/29/1973, §1)

§1-412.

Operation Contingent Upon Issuance of Incorporation.

The Redevelopment Authority of the City of Lock Haven shall immediately become operative
upon the issuance of the aforesaid Certificate of Incorporation by the Secretary of the
Commonwealth.

(Ord. 850A, 5/29/1973, §3)

§1-413.

Membership; Appointments.

The Redevelopment Authority of the City of Lock Haven shall consist of five members, all of
whom shall be citizens of the City of Lock Haven, who shall be appointed by the City Manager
with the advice and consent of City Council for terms of 5 years or until their successors are
appointed and qualified; except that members who are first appointed shall serve for terms of
1, 2, 3, 4, and 5 years, respectively, from the date of their appointments.

(Ord. 850A, 5/29/1973, §4)

§1-414.

Powers and Duties.

The Redevelopment Authority of the City of Lock Haven shall be organized according to and
shall have such powers and duties as are provided by the provisions of the Urban Redevel-
opment Law of 1945, as from time to time amended, May 24, P. L. 991.

(Ord. 850A, 5/29/1973, §5)

(1, PART 5A)

1-59

PART 5

BOARDS AND COMMISSIONS

Code Enforcement Board of Appeals and Review.

§1-501.

Code Enforcement Board of Appeals and Review Established.

There is hereby established in the City of Lock Haven a board to be called the Code
Enforcement Board of Appeals and Review, hereafter referred to as "the Board."

(Ord. 894A, 10/21/1974, §1)

§1-502.

Functions.

The Board shall receive and decide upon all appeals from any order, requirement,
decision or determination of the City's authorized Code Enforcement Officer rendered
in the administration of the City's duly adopted housing code, building code, plumbing
code, electrical code, fire prevention code or nonresidential property maintenance code.

At least twice yearly the Board shall meet with the chief executive and the code
enforcement officer(s) to review such codes to insure their currency and adequacy in
meeting the City's needs and shall recommend to Council any changes, deletions or
additions which they may deem appropriate.

(Ord. 894A, 10/21/1974, §2; as amended by Ord. 17B, 3/17/1977, §1)

§1-503.

Membership.

Appointment.

The Board shall consist of five members who are qualified by experience

and training to pass upon matters pertaining to law, building construction, health and
safety, plumbing and electricity. Members shall be appointed by the Council of the City
of Lock Haven.

Terms of Office.

One member of the Board shall be appointed for a term of 1 year, one

member for a term of 2 years, one member for a term of 3 years, one member for a term
of 4 years and one member for a term of 5 years. Upon expiration of the term of office
of a member, his successor shall be appointed for a term of 5 years. A vacancy shall be
filled for an expired term in the same manner in which the original appointment was
made. Continued absence of any member from regular meetings of the Board shall, at
the discretion of the Council, render any such member liable to immediate removal from
office by the Council.

ADMINISTRATION AND GOVERNMENT

1-60

Quorum

. Three members of the Board shall constitute a quorum for the transaction of

business. In order to amend, modify or rescind any provision of any code over which
the Board has jurisdiction, or to amend, modify or rescind any order of the City's
authorized Code Enforcement Officer, affirmative votes of at least three members of the
Board shall be required. No member of the Board shall pass upon any question before
the Board in which he, or any enterprise by which he is employed, has a vested interest.

(Ord. 894A, 10/21/1974, §3; as amended by Ord. 17B, 3/7/1977, §1)

§1-504.

Duties and Responsibilities.

Meetings and Records.

Meetings of the Board shall be held at the call of the chairman

and at other times as the Board may determine. All hearings before the Board shall be
open to the public. The Board shall keep minutes of its proceedings showing the vote
of each member upon every question or, if absent or otherwise failing to vote, indicating
such fact and other official actions. The minutes and records of all Board meetings shall
be public records.

Rules and Regulations.

The Board shall establish such rules and regulations for its own

procedures as it deems necessary, providing that such rules and regulations are not
inconsistent with provisions of the codes over which it has jurisdiction.

Code Review Functions.

In formulating recommendations for changes in, deletions

from or additions to any code under its jurisdiction, the Board's consideration shall
include, but shall not be limited to, the following:

The currency of the latest adopted code or supplement thereof.

The appropriateness of strict or lenient code standards.

The adequacy of fee schedules.

The utilization of new materials and techniques.

The applicability of new standards.

The adequacy and efficiency of administrative procedures.

The adequacy of code provisions and standards to meet various State and Federal
program requirements.

Code Application Functions.

The Board may vary the application by the Code

Enforcement Officer of any provision of any code under its jurisdiction in any particular
case when, in its opinion, the determination of the Code Enforcement Officer should be

(1, PART 5A)

1-61

modified or reversed. A decision by the Board to vary the application of any provision
of any code under its jurisdiction, and to affirm, modify or rescind any order of the Code
Enforcement Officer, shall specify in what manner such variation or modification is to
be made, the conditions under which it is to be made and the reasons therefor.

(Ord. 894A, 10/21/1974, §4; as amended by Ord. 17B, 3/17/1977, §1)

§1-505.

Appeal Procedure.

Any appeal from the provisions of any code over which the Board has jurisdiction shall
be registered by the aggrieved party by filing with the Code Enforcement Officer whose
determination is being appealed and with the Board, a notice of appeal specifying the
grounds upon which the appeal is based. The Code Enforcement Officer with whom the
appeal is filed shall forthwith transmit to the Board all documentary material con-
stituting the record upon which the action appealed was taken.

Any person, firm, corporation or agency may register an appeal for the review of any
decision of any authorized Code Enforcement Officer of the City of Lock Haven;
provided, that such appeal is made in writing within 10 days after such person, firm,
corporation or agency has been officially notified of such decision by the City's
authorized Code Enforcement Officer. Any such official notification shall include a
statement informing the addressee of his right to appeal and a description of the pro-
cedure to be followed, and shall be accompanied by all forms required to file such
appeal.

Upon receipt of an appeal, the Board shall meet within a reasonable period of time, not
to exceed 35 days, to consider the merits of the appeal and shall reach a decision without
unnecessary or unreasonable delay. Every decision of the Board shall be in writing and
shall indicate the vote on the decision. The Board's decision shall be promptly filed in
the appropriate code enforcement office and be a public record. A certified copy of the
decision shall be delivered to the person, firm, corporation or agency by whom the
appeal was filed.

Any person, firm, corporation or agency aggrieved by any decision of the Board, or any
administrative officer or agent affected thereby may appeal such a decision within 30
days to the Court of Common Pleas, as provided by law.

No action on any case under appeal shall be taken by any Code Enforcement Officer,
except as directed by the Board, until a decision is rendered by the Board.

(Ord. 894A, 10/21/1974, §5; as amended by Ord. 17B, 3/7/1977, §1)

(1, PART 5B)

1-63

Civil Service Commission.

§1-511.

Civil Service Commission Established.

A civil service commission, to be officially known as the "Civil Service Commission of the City
of Lock Haven, " is hereby established and created.

(Ord. 873A, 2/4/1974, §1)

§1-512.

Purpose and Function.

The purposes and the function of said Civil Service Commission shall be to conduct
examinations of applicants for all positions which are to be filled within the City government
as required by the Civil Service Act(s) and to advise City Council of the results of said
examinations.

(Ord. 873A, 2/4/1974, §2)

§1-513.

Membership; Compensation; Appointment.

The Civil Service Commission of the City of Lock Haven shall consist of three members, all of
whom shall serve without compensation, who shall be appointed by the Council of the City of
Lock Haven and whose terms shall be for a period of 4 years or until their successors are
appointed and qualified.

(Ord. 873A, 2/4/1974, §3)

§1-514.

Powers and Duties.

Powers and duties of the Civil Service Commission of the City of Lock Haven shall be as set
forth in the Civil Service Act(s) as from time to time amended, and the administration of said
Commission shall be governed by the terms of the Civil Service Act(s).

(Ord. 873A, 2/4/1974, §4)

(1, PART 5C)

1-65

Planning Commission.

§1-521.

Planning Commission Established.

A planning commission, to be officially known as the "Planning Commission of the City of
Lock Haven," is hereby established and created.

(Ord. 819A, 3/20/1972, §1)

§1-522.

Purpose and Function.

The purposes and the function of said Planning Commission shall be to protect and promote
the safety, health and the morals of the citizens of the City of Lock Haven; to guide use of land
and structures, type and location of streets, public grounds and other facilities and to
accomplish the other purposes set forth in the Pennsylvania Municipalities Planning Code.

(Ord. 819A, 3/20/1972, §2)

§1-523.

Composition; Compensation; Appointments.

The Planning Commission of the City of Lock Haven shall consist of nine members, all of
whom shall serve without compensation, who shall be appointed by the Council of the City of
Lock Haven and whose terms shall be for a period of 4 years or until their successors are
appointed and qualified; except that the terms of the members first appointed pursuant to this
Part, or appointed by virtue of any amendment hereto, shall be so fixed that no more than three
shall be reappointed or replaced during any future calendar year.

(Ord. 819A, 3/20/1972, §2; as amended by Ord. 844A, 2/19/1973, §1)

§1-524.

Powers, Duties and Administration.

Powers and duties of the Planning Commission of the City of Lock Haven shall be as set forth
in the Pennsylvania Municipalities Planning Code, as from time to time amended, and the
administration of said Commission shall be governed by the terms of the Pennsylvania
Municipalities Planning Code.

(Ord. 819A, 3/20/1972, §4)

(1, PART 5D)

1-67

Recreation and Parks Board.

§1-531.

Recreation and Parks Board Established.

A Recreation and Parks Board in and for the City of Lock Haven be and the same is hereby
established and created to have, exercise and discharge the powers and duties given unto said
Recreation and Parks Board by the Act of assembly approved June 23, 1931, P.L. 932, and the
various amendments and supplements made thereto.

(Ord. 492B, 4/17/1995, §I)

§1-532.

Appointment of Members.

Said Board shall consist of seven members, appointed by Council.

(Ord. 492B, 4/17/1995, §II)

§1-533.

Term of Office.

The members of the Board shall serve for a term to extend no longer than 5 years or until their
successors are appointed; members shall be appointed for such terms as to cause the terms of
not more than two members to expire in any 1 calendar year.

(Ord. 492B, 4/17/1995, §III)

§1-534.

Compensation; Vacancy.

The members of the Board shall serve without compensation and vacancies on the Board
occurring otherwise than by expiration of term shall be for the unexpired terms of the person
formerly holding office, and such vacancy shall be filled in the same manner as original
appointments.

(Ord. 492B, 4/17/1995, §IV)

§1-535.

Election of Officers.

The members of the Board shall, at the annual reorganization meeting, elect from its
membership their own chairman, vice chairman and secretary, and select all other necessary
officers to serve for a period of 1 year. Said Board shall have power to recommend the policy,
maintenance and promotion of public parks and recreation under the jurisdiction of the City
of Lock Haven. The Board shall have the power to adopt such rules and regulations as may
be necessary for the conduct of all business in its jurisdiction.

(Ord. 492B, 4/17/1995, §V)

(1, PART 5E)

1-69

Shade Tree Commission.

§1-541.

Shade Tree Commission Established.

A Shade Tree Commission is hereby created in and for the City of Lock Haven. The said
Commission shall be constituted as provided by the Third Class City Code, Act of 1931, June
23, P. L. 932, Article XXXVIII, as amended, 53 P.S. §38801 et seq., and shall perform all the duties
and may exercise all the powers conferred by law upon shade tree commissions of cities of the
third class.

(Ord. 24B, 3/7/1977, §1)

§1-542.

Authority to Assess Penalties.

The Shade Tree Commission may assess penalties of not more than $25 for each and every
violation of any regulation of such Commission or of any of the provisions of Article XXXVIII
of the Third Class City Code, cited in §1-541, so far as it relates to shade trees.

(Ord. 24B, 3/7/1977, §2)

(1, PART 5F)

1-71

Watershed Management Committee.

§1-551.

Watershed Management Committee Established.

A watershed advisory committee to be officially known as the "Lock Haven Watershed
Management Committee" is hereby created.

(Ord. 871A, 1/21/1974, §1)

§1-552.

Purpose.

The purpose of the Committee shall be to provide technical assistance and recommendations
and to develop and implement a comprehensive watershed management plan including, but
not limited to, water quality, forest management, erosion control, soil conservation and
utilization, fish and game management, recreational usage, fire protection, enforcement and
public information.

(Ord. 871A, 1/21/1974, §2)

§1-553.

Composition of Committee.

The Committee shall be composed of one representative from each of the following
organizations, if possible:

Department of Environmental Protection, Bureau of Water Supply Management.
[Ord. 670]

U. S. Department of Agriculture, Soil Conservation Service.

Department of Environmental Protection, North Central Region. [Ord. 670]

Department of Conservation and Natural Resources. [Ord. 670]

Clinton County Agricultural Extension Service.

National Fish Hatchery, Bureau of Sport Fisheries and Wildlife.

Lock Haven University, Biological Sciences. [Ord. 670]

City of Lock Haven, Department of Public Works.

One public member.

(Ord. 871A, 1/21/1974, §3; as amended by Ord. 670, 2/24/2003, §1)

(1, PART 6A)

1-75

PART 6

POLICE DEPARTMENT

§1-601.

Definition of "Applicant".

The word "applicant" shall mean all those persons who have applied for the position of police
officer in the City of Lock Haven, by written application and according to the regulations set
forth by the Civil Service Commission of the City of Lock Haven.

(Ord. 641A, 1/16/1968, §1)

§1-602.

Passage of Civil Service Examination Required.

All applicants shall have first passed a civil service examination and shall have been
recommended by the examining board for appointment to the police force.

(Ord. 641A, 1/16/1968, §3)

§1-603.

Passage of Physical Examination Required.

No applicant shall be appointed to the police force without first passing a physical examination
by a medical doctor and being approved by him to be in good physical condition.

(Ord. 641A, 1/16/1968, §4)

§1-604.

Veterans' Preference Applicable.

Those applicants who have served in the armed forces of the United States shall be given
veterans' preference in accordance with the regulations set forth by the Civil Service
Commission.

(Ord. 641A, 1/16/1968, §5)

§1-605.

Probationary Period Prior to Permanent Appointment.

All applicants who are appointed to the police force shall be on a probationary status for a
period of 1 year and permanent appointment shall be automatic unless disapproved by City
Council prior to completion of 1 year of service.

(Ord. 641A, 1/16/1968, §6)

(1, PART 6B)

1-77

Auxiliary Police Department.

§1-611.

Auxiliary Police Department Established.

There is hereby created an Auxiliary Police Department in the City of Lock Haven, which shall
be under the control of and responsible to the Director of Public Safety of the City of Lock
Haven.

(Ord. 821A, 4/3/1972, §1)

§1-612.

Membership; Appointment.

Said auxiliary police department shall consist of ten members who shall be nominated by and
serve at the pleasure of the City Manager.

(Ord. 821A, 4/3/1972, §2)

§1-613.

Oath.

Each person who is appointed to serve as an auxiliary policeman shall, before entering upon
his duties, take an oath in writing before the Mayor of the City of Lock Haven, which oath shall
be provided by law.

(Ord. 821A, 4/3/1972, §3)

§1-614.

Authority for Manager or Director of Public Safety to Call Auxiliary Police to
Active Duty.

The City Manager or the Director of Public Safety may call the auxiliary police to active duty
during any period of distress, disaster or emergency except in cases of labor disturbance.

(Ord. 821A, 4/3/1972, §4)

§1-615.

Auxiliary Police May be Special School Police.

Auxiliary policemen, appointed as prescribed herein, may also be designated to serve as special
school police.

(Ord. 821A, 4/3/1972, §5)

(1, PART 7A)

1-79

PART 7

FIRE DEPARTMENT

Organization.

§1-701.

Fire Department Organization.

The Lock Haven Fire Department shall consist of three companies, each of which shall
individually be organized by the election of a president, secretary, foreman and such other
officers as each company may deem necessary. The City may entrust to such companies the
fire apparatus and the property and appliances connected and used therewith under such rules
and regulations as the City may from time to time make and approve.

(Ord. 835A, 11/6/1972, Art. I, §1)

§1-702.

Fire Department Advisory Board.

Each of the three City fire companies shall appoint two members of their organization to serve
on the Fire Department Advisory Board. One member of each company shall be appointed for
a term of 2 years and the other member to a term of 4 years. After initial election or
appointment, all terms of offices, except that position held by the Fire Chief, as hereinafter
provided, shall be for 4 years, beginning on July 1 of even numbered years. Advisory Board
appointees shall have been members of their companies for at least 6 years at the time of
appointment. The seventh member of the Fire Department Advisory Board shall be the Fire
Chief and shall automatically become a member by virtue of his appointment as Fire Chief.

(Ord. 835A, 11/6/1972, Art. I, §2)

§1-703.

Appointment of Chief and Assistant Chiefs.

Qualifications

. Any fire chief, or assistant fire chief appointed by the City shall have

been a member of the Lock Haven Fire Department for a period of at least 6 years at the
time of said appointment. He shall have satisfactorily completed an acceptable training
course in firefighting according to the standards established by the City.

Selection and Term of Office

. The term of office for Fire chief and Assistant Fire Chief

shall be 2 years, beginning on July 1 of even numbered years. Upon completion of said
2 year term of office, the Fire Department Advisory Board shall recommend to the City
Manager the appointment of the first Assistant Fire Chief as Fire Chief and the
appointment of the second Assistant Fire Chief as first Assistant Fire Chief. The
company from which the outgoing Fire Chief is a member shall recommend to the Fire
Department Advisory Board one of its qualified members as second Assistant Fire Chief.
If that person so recommended is qualified and accepted by the Board, the Board shall
recommend the nominee to the City Manager for appointment as second Assistant Fire

ADMINISTRATION AND GOVERNMENT

1-80

Chief. Should the person recommended to the Board not be qualified, the company from
which the nominee is a member shall be notified of the same and shall recommend
another member for consideration until the vacancy is filled. The Manager shall have
the right to suspend or deprive of office those persons appointed at any time for proper
cause.

(Ord. 835A, 11/6/1972, Art. I, §3)

§1-704.

Appointment of Paid Fire Truck Drivers.

Qualifications.

Paid fire truck drivers shall be members of the company in which they

are employed and shall have a background of experience and knowledge in firefighting
and the operation of the emergency equipment related thereto. They shall be at least 21
years of age and shall submit to a physical examination once each year upon request by
the City. The cost of such physical examination to be paid by the City. Paid drivers shall
also be required to attend training programs related to the driver's responsibilities when
requested to do so by the City.

Term of and Conditions of Employment

. Paid fire truck drivers shall be appointed by

the City to an indefinite term. They shall be subject to the employees' policies and
regulations which are established by the City and may be suspended or deprived of
employment by the City at any time for proper cause. They shall be under the control
of and responsible to the Director of Public Safety and the Fire Chief.

Paid fire truck drivers shall receive the current annual base salary upon completion of
24 months continuous employment as a full-time driver. The manner of granting the
applicable salary advance(s) shall be at the sole discretion of City Council. [Ord. 921A]

(Ord. 835A, 11/6/1972, Art. I, §4; as amended by Ord. 198B, 5/21/1984, §I; and by Ord. 921A,
4/7/1995, §1))

§1-705.

Auxiliary and Relief Drivers.

Auxiliary and relief drivers shall be subject to the requirements of §1-704(1) of this Part and
shall be appointed to an indefinite term. They shall be under the control of and responsible to
the Director of Public Safety and the Fire Chief.

(Ord. 835A, 11/6/1972, Art. I, §5)

(1, PART 7A)

1-81

§1-706.

Vacancy in Office of Fire Department Advisory Board.

Should a vacancy in office occur on the Fire Department Advisory Board, except that office
held by the Fire Chief, from whatever cause, the company from which the office holder is a
member shall immediately elect or appoint one of its members to complete the unexpired term.
Such elected or appointed member shall be qualified according to provisions of §1-702.

(Ord. 835A, 11/6/1972, Art. I, §6)

§1-707.

Vacancy in Office of Chief or Assistant Chiefs.

In case of a vacancy in the offices of Fire Chief or Assistant Fire Chief, or both, from any cause,
the first Assistant Fire Chief shall automatically be entitled to appointment as Fire Chief
pending confirmation by the City Manager. The company from which the outgoing Chief is
a member shall immediately recommend one of its members to the Fire Department Advisory
Board for appointment to the office of second Assistant Fire Chief, and the second Assistant
Fire Chief shall automatically be recommended to the City Manager for the office of first
Assistant Fire Chief. Upon completion of such unexpired term, the office holder shall then be
appointed for a complete 2 year term.

(Ord. 835A, 11/6/1972, Art. I, §7)

§1-708.

Fire Truck Driver Vacancy.

Should a vacancy occur in any position of full-time, part-time, auxiliary or relief driver in any
company, the company in which the vacancy exists shall recommend one or more of its
members to fill said vacancy. The Board shall then recommend to the City Manager that
person most qualified to fill said vacancy. Should it not be possible for the company in which
the vacancy exists to fill the same from its membership, the Advisory Board shall notify the
other companies and solicit recommendations from their membership for the position. Should
a fire truck driver be appointed from outside the membership of the company that person so
appointed shall hold said position temporarily until such time as a member may be
recommended and selected from the company where the vacancy exists.

(Ord. 835A, 11/6/1972, Art. I, §8)

(1, PART 7B)

1-83

Duties and Responsibilities.

§1-711.

Duties of Fire Department Advisory Board.

The Fire Department Advisory Board shall serve as liaison between the City and the Fire
Department in all matters relating to the operation and control of the Fire Department and shall
have authority to make recommendations to the City concerning the same. The Advisory
Board shall also function as a problem solving, dispute settling panel concerned with Fire
Department matters and shall have such other powers and duties as the City may deem
necessary.

(Ord. 835A, 11/6/1972, Art. II, §1)

§1-712.

General Duties of Chief.

The Fire Chief shall be governed in the performance of his duties by such rules and
regulations as the City may from time to time make, which are approved by the City.

The Fire Chief shall have the power to recommend the suspension of any member or
members of any company of the Fire Department for dereliction of duty, disobeying his
orders or misconduct, and shall submit a report of his actions and the causes for the same
to the Fire Department Advisory Board. The Fire Department Advisory Board shall
review the charges and action taken and shall report their findings and
recommendations to the City Manager for disposition.

The Fire Chief shall regularly visit the three companies of the Fire Department and see
that the apparatus, buildings and all property in possession of the three companies are
in proper condition. He shall make a report of the same to the Fire Department Advisory
Board and the City when he deems necessary, with such recommendations as he may
think proper.

The Fire Chief shall attend all fires occurring in the City and shall have the entire
command of the Department. He shall supervise and direct the operations of each fire
company thereat in such manner as to preserve property from destruction by fire and to
prevent an unnecessary use of water. He shall have entire control of the fire ground
during the time of the fire.

The Fire Chief shall have control of and be responsible for the dispatching of the
equipment of any company to any fire outside the City limits according to any mutual
aid agreement with such communities, or to any parade or special event. No permission
shall be granted at any time to take all of the fire apparatus out of the City but sufficient
apparatus shall be retained at all times to safeguard properly all property within the City
limits .

The Fire Chief shall make monthly and annual reports to the City, setting forth the
activities of the Fire Department.

ADMINISTRATION AND GOVERNMENT

1-84

The Fire Chief shall keep an accurate record of all fires occurring within the City which
shall set forth such information as shall be necessary to accurately describe each fire.
Such book to be furnished by the City and to be known as the "record of fires."

(Ord. 835A, 11/6/1972 Art. II, §2)

§1-713.

General Duties of Assistant Chiefs.

The Assistant Fire Chief shall attend all fires occurring in the City and aid the Fire Chief
in the discharge of his duties and act under his direction. In the absence of the Fire
Chief, an Assistant Fire Chief shall act as Fire Chief, with all of his powers and all of his
orders shall be respected and obeyed by the Fire Department.

The Assistant Fire Chief shall, under the direction of the Fire Chief and according to the
standards established by him and the City, conduct periodic inspections for the
prevention of fire and shall make a monthly report of the locations of said inspections
together with an account of any corrective action taken.

(Ord. 835A, 11/6/1972, Art. II, §3, as amended by Ord. 16B, 3/7/1977, §1)

§1-714.

General Duties of Drivers.

Paid Fire Department drivers shall be responsible for the care and maintenance of the
fire station in which they are employed, and all emergency and other equipment housed
in the same.

It shall be the duty of the driver to respond to any fire reported to him and to assume the
responsibilities of command at the fire until such time as he is relieved of that
responsibility by the Fire Chief, Assistant Fire Chief or other superior officer. He shall
be responsible for the operation and care of the equipment he accompanies to the fire
and the general cleaning and maintenance of the same upon return to the station.

It shall be the responsibility of the driver of each company to enforce the rules and
regulations of the company in the City, in the absence of the Fire Chief or Assistant Fire
Chiefs, at the fire scene, while en route to and from the fire scene and in the station
house.

(Ord. 835A, 11/6/1972, Art. II, §4)

(1, PART 7C)

1-87

General Regulations.

§1-721.

Use of Intoxicating Liquor.

No spirituous or malt liquor shall be allowed in any engine or other house belonging to the Fire
Department; or to be used by anyone in the Fire Department when on duty. Any member
intoxicated about any engine house, or other house used by the Fire Department, at any fire,
or alarm of fire shall be subject to expulsion.

(Ord. 835A, 11/6/1972, Art. III, §1)

§1-722.

Use of Apparatus.

The apparatus of the Fire Department, unless by special order of the Director of Public Safety
or the Fire Chief, shall not be used for any other purpose than the extinguishment of fires or
the training therefor.

(Ord. 835A, 11/6/1972, Art. III, §2)

§1-723.

Raising Funds By Entertainment.

The Fire Department, or any constituent part thereof, shall not offer any entertainment or
amusement to the public for the purpose of raising funds which, in the judgment of the City
Manager, is detrimental to and reflects poorly upon the Department or the City.

(Ord. 835A, 11/6/1972,9 Art. III, §3)

§1-724.

Inspection of Companies.

Inspections of the entire Fire Department shall be made annually during Fire Prevention Week
by the Fire Chief and the City officials.

(Ord. 835A, 11/6/1972, Art. III, §4)

§1-725.

Power of Council to Suspend or Expel Company, Officer or Member.

The City Council or City Manager shall have power to suspend or expel any company, officer
or member of the Fire Department for bad behavior, insubordination, disturbance of the public
peace or for any other cause which they may deem sufficient. When any company shall have
been suspended or expelled, all fire apparatus and property of the City in their possession shall
be delivered to the City Council or Manager, or to such officer as they may direct.

(Ord. 835A, 11/6/1972, Art. III, §5)

(1, PART 7D)

1-89

Firemen's Relief Association.

§1-731.

Firemen's Relief Association Recognized.

The Lock Haven Firemen's Relief Association of Lock Haven, Pennsylvania, be and it is hereby
officially recognized by the City Council of the City of Lock Haven, Pennsylvania, as an
organization formed for the purpose of maintaining an association for beneficial and protective
purposes to its members and their families in case of death, sickness, temporary or permanent
disability or accident, from the funds collected therein.

(Ord. 137A, 2/2/1931, §1)

§1-732.

Association Designated to Receive Funds from State Treasurer.

The aforesaid Lock Haven Firemen's Relief Association of Lock Haven, Pennsylvania, be and
it is hereby designated by the City Council of Lock Haven, as the proper association to receive
such funds as are due and payable to the City by the Treasurer of the State of Pennsylvania
from the foreign fire insurance tax on account of volunteer firefighters.

(Ord. 137A, 2/2/1931, §2; as amended by Ord. 232B, 12/30/1985, §I)

§1-733.

Payment to Association.

The City shall, within 60 days of receipt, pay to the Association, all such sum or sums of money
that may hereafter be due and payable to the City by the Treasurer of the State of Pennsylvania,
on account of volunteer firefighters in accordance with the Foreign Fire Insurance Tax
Distribution Law, Act No. 1984-205, §701 et seq., 53 P.S. §895.701 et seq.

(Ord. 137A, 2/2/1931, §3; as amended by Ord. 232B, 12/30/1985, §II)

(1, PART 8A)

1-91

PART 8

PENSIONS

Police Pensions.

§1-801.

Police Pension Fund Established.

A police pension and retirement fund is hereby established by the City of Lock Haven, which
shall be known and designated as the "Police Pension Fund" and shall hereafter be referred to
in this Part as the "Fund."

(Ord. 506A, 3/26/1963, §1)

§1-802.

Maintenance, Direction and Distribution of the Fund.

The Fund shall be maintained, directed, applied and distributed pursuant to the provisions
herein contained and the regulations adopted pursuant hereto for the benefit of the members
of the association herein created.

(Ord. 506A, 3/26/1963, §2)

§1-803.

Police Pension Fund Created; Membership; Appointments.

A Board of seven members is hereby constituted and created, which shall be known and
designated as the "Police Pension Fund Board," and hereinafter referred to in this Part as the
"Board" and which shall consist of the following:

The City Treasurer of the City of Lock Haven, whose membership shall be
concurrent with his term of office as said Treasurer. The City Treasurer shall be
the Treasurer of the Police Pension Fund Board. [Ord. 106B]

Three Councilmen of the City of Lock Haven, who shall be appointed by the vote
of City Council and who shall serve for terms of 2 years or until a successor is
appointed. A vacancy occurring during a term shall be filled for the unexpired
term by the election of a successor in the same manner as his predecessor.

Two members of that group consisting of active members of the police force,
whose membership to said Board shall be by election by the active members of the
police force and whose term of office shall be 3 years. Terms of office shall be
staggered to provide continuity of Board membership. A vacancy occurring
during a term of office shall be filled for the unexpired term by election of a
successor in the same manner as his predecessor. [Ord. 670]

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1-92

One member of that group consisting of retired members of the police force,
whose membership to said Board shall be by election by retired members of the
police force. The term of office shall be for 3 years and shall not be concurrent
with the term of either of the members of the Board elected pursuant to subsection
(C), above. A vacancy occurring during a term of office shall be filled for the
unexpired term by election of a successor in the same manner as his predecessor.
The terms of Board members elected by ballots dated April, 1996, are hereby
extended through February 28, 1999, at which time a new term of office shall be
filled by a new election. Said term shall not be concurrent with the terms of either
member of the Board elected pursuant to subsection (C), above. [Ord. 561B]

(Ord. 506A, 3/26/1963, §3; as amended by Ord. 826A, 5/1/1972, §1; by Ord. 950A, 2/16/1976,
§1; by Ord. 106B, 4/21/1980, §I; by Ord. 233B, 12/30/1985, §I; and by Ord. 561B, 8/3/1998, §II;
as amended by Ord. 670, 2/24/2003, §1)

§1-804.

Compensation of Board; Reimbursement of Expense.

The members of the Board shall serve without compensation, but shall be reimbursed from the
fund for any necessary expenditures, and no member shall suffer loss of salary or wages
through serving on the Board.

(Ord. 506A, 3/26/1963, §4)

§1-805.

Powers of the Board; Corporate Depository; Duties.

The Board may, from time to time, with approval of Council of the City and subject to the
limitations of this Part and of law:

Establish rules and regulations for the administration of the fund and the
transaction of its business. All such rules and regulations shall, however, be
subject to the approval of Council; and Council may, from time to time, by
ordinance, alter, modify, change or repeal such rules and regulations and establish
new rules and regulations for the administration of the fund by the Board and the
transaction of its business.

Appoint a secretary and such medical, clerical and other employees as may be
necessary.

Determine and fix the compensation of all persons employed by the Board.

(1, PART 8A)

1-93

benefit of such pension fund, subject to the provisions of this Part and future
regulations by Council, and subject to such directions not inconsistent therewith
as the donors of such funds and property may prescribe.

(Ord. 506A, 3/26/1963, §5; as amended by Ord. 762A, 3/3/1970, §1)

§1-806.

Duties of the Board; Meetings; Report of Depository; Designation of
Depository.

The Board shall, with approval of Council of the City and subject to the limitations of this Part
and of law:

Hold an annual meeting during the second calendar quarter of each year and
there at present the annual report of the depository showing the condition of the
investments of the fund and evidencing receipts, charges and disbursements
during the previous year, which depository report will be made part of the record
of the proceedings and a copy of which shall be filed with the Council of the City
of Lock Haven and copies of which shall be furnished to each member of the
association requesting the same. [Ord. 670]

Hold such special meetings as the efficient discharge of their duties require; and
the chairman may, and upon request in writing of three members of the Board
shall, call special meetings of the Board upon 24 hours notice to each member,
which notice shall state whether such meeting is to be convened for special or
general business; but such notice may be waived by unanimous consent of the
members.

Designate a depository or depositories for the fund, which designation shall be
valid until rescinded and another is designated by similar action; and the
Treasurer of the Board shall immediately deposit all monies in the fund therewith
in the name of the fund. [Ord. 106B]

Keep all records and accounts as shall be necessary for the efficient execution of
this Part.

Furnish to Council such financial and other reports as it may, from time to time,
request.

(Ord. 506A, 3/26/1963, §6; as amended by Ord. 762A, 3/3/1970, §§2, 3; and by Ord. 106B;
4/21/1980, §§II, III; as amended by Ord. 670, 2/24/2003, §1)

§1-807.

Police Pension Fund Association Established; Membership Requirements.

An association is hereby constituted and created which shall be known and designated as the
"Police Pension Fund Association," herein referred to as the "Association."

ADMINISTRATION AND GOVERNMENT

1-94

The membership of the Association shall consist of each active member of the
police force now or hereafter employed by the City of Lock Haven. Admission to
membership shall be automatic by virtue of such employment and each person so
employed shall and must become a member of the Association. [Ord. 130B]

Each active member of the police force shall contribute to the fund in accordance
with this Part from the date of his employment as a member of the police force.

(Ord. 506A, 3/26/1963, §7; as amended by Ord. 6B, 3/7/1977, §1; and by Ord. 130B, 4/20/1981,
§I)

§1-808.

Duties of the Association.

The members of the Association shall, subject to the limitations of this Part and of law:

Establish rules and regulations for the administration and transaction of its
business.

Elect officers in accordance with established rules and regulations to represent the
Association.

Certify to the Board and Council annually a list of the members of the Association
in good standing and the amount of salaries and wages paid to each member as
a member of the police force of the City, together with a list of members of the
Association who were during said year dismissed, or who resigned or terminated
their service and the date thereof.

Furnish to the Board and Council, upon request, such information relative to the
subject of this Part as the Board or Council shall require.

(Ord. 506A, 3/26/1963, §8)

§1-809.

Direction of the Fund.

The fund shall be under, and is hereby committed to, the direction and control of the Board.

(Ord. 506A, 3/26/1963, §10)

(1, PART 8A)

1-95

§1-810.

Annual Appropriation by the City.

The City of Lock Haven shall annually appropriate and pay into the fund not less than the
minimum obligation as required by the Municipal Pension Plan Funding Standard and
Recovery Act (Act 205 of 1984) as certified to the Council of the City by the chief administrative
officer in accordance with §304 of the aforesaid Act.

(Ord. 506A, 3/26/1963, §11; as amended by Ord. 233B, 3/3/1986, §III)

§1-811.

[Reserved].

(Ord. 506A, 3/26/1963, §12, as amended by Ord. 6B, 3/7/1977, §2; by Ord. 620B, 10/1/2001;
and by Ord. 670, 2/24/2003, §1)

§1-812.

Investment of Funds.

The depository shall invest the principal of the fund and any accumulated interest thereon not
necessary for the immediate payment of pensions hereunder in:

The bonds or obligations of the United States or the United States Treasury, or
those for the payment of principal and interest on which the faith and credit of the
United States is pledged.

Bonds or other interest bearing obligations of the Commonwealth of Pennsylvania,
or those for the payment of principal and interest on which the faith and credit of
the Commonwealth is pledged.

Bonds or other interest bearing obligations of any county, city, borough, township
or school district of the Commonwealth of Pennsylvania, or those for the payment
of which the faith and credit of such political subdivision is pledged; provided,
that at the date of the investment in such bonds or other interest bearing
obligations, such political subdivision is not in default in payment of principal or
interest owed by it on any part of its bonded indebtedness.

Any other investment which is legal for fiduciaries.

(Ord. 506A, 3/26/1963, §13, as amended by Ord. 762A, 3/3/1970, §4)

§1-813.

Inalienability of Pension Payments.

The pension herein provided for shall not be subject to attachment or execution and shall be
payable only to the beneficiary designated and shall not be subject to assignment or transfer.

(Ord. 506A, 3/26/1963, §14)

ADMINISTRATION AND GOVERNMENT

1-96

§1-814.

Eligibility for Retirement; Amount of Pension Payment; Widow's and
Survivor's Benefits; Service Increments.

Any member of the Association who has attained 20 years of service as an active member
of the police force shall be entitled to a pension in accordance with the terms of
subsections (2) and (3), hereof.

Payments in the amount provided in subsection (3) hereof shall be payable to members
of the Association who are entitled to a pension pursuant to subsection (1) hereof upon
attaining age 50 or retiring from active service as a police officer, whichever event occurs
later.

Upon becoming eligible for the commencement of payment s pursuant to subsections (1)
and (2) herein, the member shall apply to the Board and, after the aforesaid date, the
Board shall pay said member from the fund during the remainder of his or her natural
life, in monthly installments, a pension in an amount annually equal to 50% of the
highest 1 year's W-2 earnings during the last 3 years of service immediately preceding
retirement from active service as a police officer. [Ord. 482B]

The surviving spouse of a member of the Association who retires o pension or is killed
while in actual discharge of duties, or who dies from sickness or disease contracted while
in actual discharge of duties, shall be entitled to benefits. The surviving spouse shall be
eligible for benefits the remainder of the surviving spouse's lifetime or until the
surviving spouse remarries. If no spouse survives, or if the surviving spouse
subsequently dies or remarries, then the child or children, under 18 years of age, of the
member of the Association who retired on pension or is killed while in actual discharge
of duties, or died from injuries sustained while in the actual discharge of duties or who
died from disease contracted while in the actual discharge of duties shall be entitled to
benefits until reaching the age of 18 years. Such benefits shall be paid in monthly
installments to those entitled to receive benefits and shall be calculated as follows:

Where the deceased member of the Association has retired on pension prior to
death, at the rate of 50% of the pension the member was receiving at the time of
death.

Where the deceased member of the Association was not yet receiving a pension,
in an annual amount equal to years of service time 1¼% not to exceed 25%, time
the deceased members last salary prior to death.

Application for such benefit shall be made to the Board after the death of the member
of the Association. Each member of the Association shall contribute monthly to the fund
an amount equal to ½% of the member's monthly salary for survivor's benefits.

"Salary" as used in this Section shall be construed to mean the base minimum
compensation, plus the longevity increment received by the member and shall not be
construed to include any overtime pay received by the member.

(1, PART 8A)

1-97

In addition to the retirement allowance which is authorized to be paid from the police
pension fund and notwithstanding the limitations therein placed upon such retirement
allowances and upon contributions, every contributor who shall become entitled to the
retirement allowance shall also be entitled to the payment of a "service increment" i
accordance with and subject to the conditions hereafter set forth:

"Service increment" shall be the sum obtained by computing the number of whole
years after having served the minimum required by this Part for the vesting of a
pension during which a contributor has been employed by such City and paid out
of the City treasury and multiplying the said number of years so computed by an
amount equal to 1/40 of the retirement allowance which has become payable to
such contributor in accordance with the provisions of this Part. No service
increment shall be paid in excess of $100 per month.

Each contributor, from and after the effective date of this amendment, shall pay
into the retirement fund a monthly sum for the service increment contribution
which shall be equal to ½% of his or her salary; provided, that such payment shall
not exceed the sum of $1 per month.

Service increment contribution shall be paid at the same time and in the same
manner as retirement contributions and may be withdrawn in full, without
interest, by persons who leave the employment os such City, subject to the same
conditions by which retirement contributions may be withdrawn, or by persons
wh retired before becoming entitled to any service increment.

(Ord 506A, 3/26/1963, §14; as amended by Ord. 533A, 2/2/1965, §1; by Ord. 542A, 11/30/1965;
by Ord. 561A, 2/1/1966, §1; by Ord. 664A, 7/2/1968, §1; by 709A, 2/18/1969, §1; by Ord. 762A,
3/3/1970, §§5,6; by Ord. 809A, 12/20/1971, §1; by Ord. 6B, 3/7/1977, §3; by Ord 40B,
6/20/1977, §1; by Ord. 41B, 6//20/1977, §1; by Ord. 233B, 12/30/1985, §IV; by Ord. 236B,
3/3/1986 and by Ord. 482B, 12/19/1994, §1)

§1-815.

Eligibility for Vesting After 12 Years of Service.

Effective for police officers who terminate employment on or after January 1, 1999, a
limited vested benefit shall be available pursuant to the provisions below. As such,
should a member of the Police Pension Fund ("Fund"), before completing the minimum
age and minimum period of continuous service requirements, but after having
completed 12 years of full-time service with the City of Lock Haven Police Department
("Service") so elect the member shall be entitled to vest his pension benefit subject to the
following conditions:

The member must file with the Police Pension Board ("Board") of the fund a
written notice of his or her intention to vest.

The member must include in the notice, the date the member intends to terminate
his or her service and must acknowledge that there is no entitlement to post
retirement medical benefits pursuant to this limited vested benefit unless the

ADMINISTRATION AND GOVERNMENT

1-98

member shall have accrued at least 20 years of service, then any possible
entitlement to post retirement medical benefits shall be as described in the Act 111
Arbitration Award (14 L 360 01572 94J) dated February 5, 1996.

The member must be in good standing with the Police Department on the date of
notice to vest.

The Board shall indicate on the notice to vest the highest 1 year's W-2 earnings
during the last 3 years of service preceding said date.

The member shall forego any other benefits under the Plan.

Upon reaching the date which would have been the member's retirement date had the
member continued his full-time employment with the Police Department, the member
shall notify the Board, in writing, that the member desires to collect his or her pension.
The amount of retirement benefits the member is entitled to receive pursuant to this
provision shall be computed as follows:

The initial determination of the member's base retirement benefits shall be
computed on the highest 1 year's W-2 earnings during the last 3 years of service
indicated on the notice to vest.

The portion of the base retirement benefits due the member shall be determined
by applying to the base amount the ratio determined by the number of years of
service at termination divided by 20, which represents the minimum number of
years of service required to receive base retirement benefits. These benefits will
not be payable until the member reaches the age of 50.

EXAMPLES

Years at Vesting

Normal

Retirement

Years

Actual Benefit

Multiplier for

Vesting

% of Salary at
Retirement

12/20

30%

13/20

32.5%

14.20

35/5

15.20

37.5%

16/20

40%

17/20

42.5%

18/20

45%

19/20

47.5%

20/20

50%

(1, PART 8A)

1-99

Normal Retirement = 20 years of service.

To be multiplied by the base amount of retirement at normal retirement.

(Ord. 506A, 3/26/1963, §15: as amended by Ord. 533A, 2/2/1965, §1; by Ord. 542A, 11/30/1965;
by Ord. 561A, 2/1/1966, §1; by Ord. 664A, 7/2/1968, §1; by Ord. 709A, 2/18/1969, §1; by Ord.
762A, 3/3/1970, §§5, 6; by Ord. 809A, 12/20/1971, §1; by Ord. 6B, 3/7/1977, §3; by Ord. 40B,
6/20/1977, §1; by Ord. 41B, 6/20/1977, §1; by Ord. 233B, 12/30/1985, §IV; by Ord. 236B,
3/3/1986; by Ord. 482B, 12/19/1994, §I; and by Ord. 620B, 10/1/2001, §I)

§1-816.

Definitions; Disability Benefits.

Definitions.

INJURY

- only violence to the physical structure of the body and such disease or

infection as naturally results therefrom.

INJURY SUSTAINED WHILE IN THE COURSE OF ACTIVE DUTY AS A MEMBER
OF THE POLICE FORCE

- shall not include an injury caused by an act of a third person

intended to injure the member because of reasons personal to him, but shall include all
other injuries sustained while the employee is actually engaged in the furtherance of his
duties as a member of the police force.

PERMANENT DISABILITY

- a physical condition that permanently prevents the mem-

ber from discharging the duties of an active member of the police force.

The terms "salary," "wage," "monthly salary," "monthly wage or salary," "salaries and
wages" or any other similar term as used throughout this Part shall be construed to mean
the base minimum compensation, plus longevity increment received by the member and
shall not be construed to include any overtime pay received by the member.

[Ord. 233B]

Disability Benefits.

The Board shall pay to each member of the Association who, after

1 year of service on the police force, shall be permanently disabled as a result of an injury
sustained in the course of active duty as a member of the police force, a monthly
disability benefit equal to 2 1/2% of the member's final monthly salary times the
member's complete years of service; provided, however, that the maximum disability
benefit shall be 50% of the member's final monthly salary. [Ord. 236B]

The pension provided for in this Section shall be paid in monthly installments and
during such periods as there shall be sufficient principal in the fund to make the
payments.

A pension provided for in this Section shall be paid in addition to any Workmen's
Compensation or benefits which the member shall receive by reason of disability.

ADMINISTRATION AND GOVERNMENT

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The surviving spouse of an Association member receiving disability pension hereunder
at the time of death shall be eligible for benefits the remainder of the surviving spouse's
lifetime or until the surviving spouse remarries. If there is no surviving spouse, or if the
surviving spouse subsequently dies or remarries, then the child or children under 18
years of age of such deceased member of the Association shall be entitled to benefits
until reaching the age of 18. Such benefits shall be paid in monthly installments to those
entitled to receive benefits and shall be calculated at the rate of 50% of the disability
pension the member was receiving at the time of death. Application for such benefit
shall be made to the Board after the death of the member of the Association. [Ord. 233B]

(Ord. 506A, 3/26/1963, §16; as amended by Ord. 789A, 3/2/1971, §1; as amended by Ord. 233B,
12/30/1985, §§V, VI, VII; and by Ord. 236B, 3/3/1986, §II)

§1-817.

Refund of Member's Contribution; Status of Military Service.

If a member of the Association contributing to the fund shall be dismissed by the City,
or for any cause cease to be a member of the Association before he becomes entitled to
a pension hereunder, the total amount of the contribution paid into the fund by the
member, except life insurance premiums, shall upon request be refunded in full, without
interest.

If a member of the Association enters into the active military or naval service of the
United States government and shall, at the time of his entry into such service or
immediately thereafter, file with the City Treasurer a statement under oath setting forth
that he intends to retain his position with the City of Lock Haven and resume his duties
at the expiration of his military or naval service, and such member shall pay to the fund
monthly during the time he is in such military or naval service a sum equal to that which
he would have paid had he been a member during the period for which he desires credit,
then in such case the period of his military or naval service shall be included in
computing his years of service in the employ of the City. [Ord. 670]

In the event of the death of a member of the Association before he becomes entitled to
the pension herein provided for, the total of the contributions paid into the fund by said
member shall be paid to the estate of said deceased employee, without interest.

In the event of the death of a member of the Association while receiving pension
hereunder, but before the amount of the pension received shall equal the total amount
of contributions paid into the fund, the difference between the amount received as
pension and the amount contributed to the fund by the deceased member shall be paid
to the estate of said deceased employee, without interest .

A member of the police pension fund who is a contributor or who serviced in the armed
forces of the United States subsequent to September 1, 1940, and who was not a member
of the police pension plan fund prior to such military service, shall be entitled to have
full credit for each year or fraction thereof, not to exceed 3 years of such service, upon
his payment to the police pension fund an amount equal to that which he would have
paid had he been a member during the period for which he desires credit and his

(1, PART 8A)

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payment to such fund of an additional amount as the equivalent of contributions of the
City on account of such military service. The amount to be paid by the member for
purchase of military service shall be determined by the fund's actuary. [Ord 539BA]

(Ord. 506A, 3/26/1963, §17; as amended by Ord. 539B-A, 1/19/1998, §§I, II; as amended by Ord.
670, 2/24/2003, §1)

§1-818.

Elected Officials Ineligible for Pension Payments.

A person receiving a pension hereunder, who serves in any City office to which he was elected
by popular vote, during the term of said office, the said person shall not be entitled to the said
pension.

(Ord. 506A, 3/26/1963, §18)

§1-819.

Disbursements from Fund.

All disbursements from the fund shall be by check or order drawn by the authorized
depository.

(Ord. 506A, 3/26/1963, §19; as amended by Ord. 762A, 3/3/1970, §7)

§1-820.

Pension Payments Charged Against Pension Fund Only.

Payments of pensions or allowances under this Part shall be made solely out of the moneys and
property in the police pension fund and shall not be a charge on any other fund in the treasury
of the City or under its control.

(Ord. 506A, 3/26/1963, §20)

§1-821.

Treasurer's Bond.

The treasurer shall give surety bond approved by the Board in such sum as the Board may
determine for the faithful performance of his duties. The premium for such bond shall be paid
by the Board out of the funds entrusted to them.

(Ord. 506A, 3/26/1963, §21)

ADMINISTRATION AND GOVERNMENT

1-102

§1-822.

Treasurer's Duties.

It shall be the duty of the treasurer to keep account of all moneys coming into his hands belong-
ing to the Board and of all disbursements of the same. All moneys received by the treasurer
shall forthwith be deposited in the depository chosen by the said Board in the name of the
police pension fund.

(Ord. 506A, 3/26/1963, §22)

§1-823.

Financial Report by Depository.

The depository or someone employed by it shall at least once a year submit to the Board and
to the Council of the City of Lock Haven a statement of the financial condition of the fund and
of the accounts received and paid out during the year, and of all investments made by the
depository and the condition of such investments.

(Ord. 506A, 3/26/1963, §23; as amended by Ord. 762A, 3/3/1970, §8)

§1-824.

Retirement Committee.

There is hereby created a Retirement Committee composed of the Treasurer of the Board and
the Secretary of the Board. The Committee shall receive applications for benefits, shall approve
or disapprove applications and shall transmit approved applications to the depository for
benefit payments in accordance therewith. The Board may designate the Committee to execute
any document(s) on behalf of the Board, in which event the Board shall notify the depository
in writing of such action.

(Ord. 506A, 3/26/1963; as added by Ord. 106B, 4/21/1980, §IV)

§1-825.

Applicable Provisions of the Internal Revenue Code.

Explanation.

In recognition of the fact that the Plan must comply in form, content and

operation with certain provisions of the Internal Revenue Code of 1986 (the "Code") and
in spite of the limited applicability of such provisions to the normal operation of the
Plan, the following subsections detail the limitations and parameters applicable to
maintaining favorable tax treatment of funds contributed to the Plan under Federal law.

Definitions.

The following words and phrases are hereby introduced and defined for

purposes of this Section only:

ACCRUED BENEFIT

- a participant's retirement benefit exclusive of vesting.

ACTUARIAL EQUIVALENT

- a form of benefit differing in time, period or manner of

payment from a specific benefit provided under the Plan, but having the same value
when computed using the Plan factors. Effective January 1, 1995, for purposes of §415

(1, PART 8A)

1-103

of the Code, effective the first limitation year beginning after December 31, 1994, the
applicable mortality table shall be utilized. This applies to all benefit, including benefits
accrued before the first limitation year beginning after December 31, 1994. The
applicable mortality table is the mortality table described in Revenue Ruling 95-6, 1995-1
C B. 80.

ANNUAL ADDITIONS

- the sum credited to a participant's account for any limitation

year of (1) City contributions, (2) employee contributions, (3) forfeitures, (4) amounts
allocated after March 31, 1984, to an individual medical account, as defined in Code
§415(1)(2) which is part of a pension or annuity plan maintained by the City and (5)
amounts derived from contribution paid or accrued after December 31, 1985, in taxable
years ending after such date, which are attributable to post-retirement medical benefits
allocated to the separate account of a key employee (as defined in Code §419A(d)(3)
under a welfare benefit plan (as defined under Code §419(e)) maintained by the City.
Except; however, the percentage limitation referred to in Code §415(c)(1)(B) below shall
not apply to (1) any contribution for medical benefits (within the meaning of Code
§419A(f)(2) after separation from service which is otherwise treated as an annual
addition under Code §415(I)(1). Notwithstanding the foregoing, for limitation years
beginning prior to January 1, 1987, only that portion of employee contributions equal to
the lesser of employee contributions in excess of 6% of "415 Compensation" or one -half
of employee contributions shall be considered an annual addition.

ANNUAL BENEFIT

- the benefit payable under the term s of the Plan (exclusive of any

benefit not required to be considered for purposes of applying the limitations of Code
§415 to the Plan) payable in the form of a straight life annuity with no ancillary benefits.
If the benefit under the Plan is payable in any other form, the annual benefit shall be
adjusted to the equivalent of a straight life annuity using the greater of the interest rate
assumption specified in the definition of actuarial equivalent or 5%.

In addition to other applicable limitations set forth in the Plan and notwithstanding any
other provision of the Plan to the contrary, for plan years beginning on or after January
1, 1996, the annual compensation of each employee who becomes a participant in the
Plan on or after such date shall not exceed the OBRA 93 annual compensation limit. The
OBRA 93 annual compensation limit is $150,000, as adjusted by the Commissioner for
increases in the cost of living in accordance with Code §401(a)(17)(B). The cost of living
adjustment in effect for a calendar year applies to any period, not exceeding 12 months,
over which compensation is determined (determination period) beginning in such
calendar year. If a determination period consists of fewer than 12 months, the OBRA 93
annual compensation limit will be multiplied by a fraction, the numerator of which is the
number of months in the determination period and the denominator of which is 12.

For plan years beginning on or after January 1, 1996, and any reference in this Plan to the
limitation under Code §401(a)(17) shall mean the OBRA 93 annual compensation limit
set forth in this provision.

ADMINISTRATION AND GOVERNMENT

1-104

compensation for that prior determination period is subject to the OBRA 93 annual
compensation limit in effect for that prior determination period. For this purpose, for
determination periods beginning before the first day of the first Plan year beginning on
or after January 1, 1996, the OBRA 93 annual compensation limit is $150,000.

EMPLOYEE

- any person who is employed by the City, but excludes any person who is

an independent contractor. Employee shall include leased employees within the
meaning of Code §§414(n)(2) and 414)o)(2) unless such leased employees are covered by
a plan described in Code §414(n)(5) and such leased employees do not constitute more
than 20% of the recipient's non-highly compensated work force.

415 COMPENSATION

- with respect to the participant shall mean such participant's

wages as defined in Code §3401(a) and all other payments of compensation by the City
(in the course of the City's business) for a plan year for which the City is required to
furnish the participant with a written statement under Code §§6041(d), 6051(a)(3) and
6052. "415 compensation" must be determined without regard to any rules under Code
§3401(a) that limit the remuneration included in wages based on the nature or location
of the employment or the services performed (such as the exception for agricultural labor
in Code §3401(a)(2).

LEASED EMPLOYEE

- any person (other than an employee of the recipient) who

pursuant to an agreement between the recipient and any other person ("leasing
organization") has performed services for the recipient (or for the recipient and related
persons determined in accordance with Code §414(n)(6) on a substantially full-time basis
for a period of at least 1 year and such services are under primary direction and control
of the recipient. Contributions or benefits provided a leased employee by the leasing
organization, which are attributable to services performed for the recipient employer,
shall be treated as provided by the recipient employer. A leased employee shall not be
considered an employee of the recipient:

If such employee is covered by a money purchase pension plan providing:

(1)

A non-integrated employer contribution rate of at least 10% of
compensation, as defined in Code §415(c)(3), but including amounts
contributed pursuant to a salary reduction agreement which are excludable
from the employee's gross income under Code §§125, 402(a)(8), 402(h) or
403(b).

(2)

Immediate participation.

(3)

Full and immediate vesting.

If leased employees do not constitute more than 20% of the recipient's non-highly
compensated work force.

LIMITATION YEAR

- the plan year, for purposes of applying the limitations under the

current Article.

(1, PART 8A)

1-105

PARTICIPANT'S ACCOUNT

- the account established and maintained by the

Administrator for each participant with respect to his total interest in the defined
contribution plan maintained by the City resulting from annual additions.

PLAN YEAR

- the 12 month period beginning on January 1 and ending on December 31

of each year.

REGULATION

- the Income Tax Regulations, as amended from time to time, as

promulgated by the Secretary of the Treasury or his delegate.

Maximum Annual Benefit.

Subject to the exceptions below, the maximum annual benefit payable to a
participant under this Plan in any limitation year shall equal $90,000.

Notwithstanding anything in this Section to the contrary, to the extent the Plan
was in existence on May 6, 1986, and had complied at all times with the
requirements of Code §415 (including any pertinent elections) the maximum
annual benefit for any individual who was a participant as of the first day of the
limitation year beginning after December 31, 1986, shall not be less than the
"current accrued benefit." "Current accrued benefit" shall mean a participant's
accrued benefit under the Plan, determined as if the participant had separated
from service as of the close of the last limitation year beginning before January 1,
1987, when expressed as an annual benefit within the meaning of Code §415(b)(2).
In determining the amount of a participant's "current accrued benefit," the
following shall be disregarded (1) any change in the terms and conditions of the
Plan after May 5, 1986, and (2) any adjustment for cost of living occurring after
May 5, 1986.

The dollar limitation under Code §415(b)(1)(A) stated in subsection (A) above
shall be adjusted annually as provided in Code §415(d) pursuant to the regulations
thereunder. The adjusted limitation is effective as of January 1

of each calendar

year and is applicable to limitation years ending with or within that calendar year.

For the purpose of this Section, all qualified defined benefit plans (whether
terminated or not) ever maintained by the City shall be treated as one defined
benefit plan and all qualified defined contribution plans (whether terminated or
not) ever maintained by the City shall be treated as one defined contribution plan.

For the purpose of this Section, if this Plan is a Code §413(c) plan, all employers
of a participant who maintain this plan will be considered to be a single employer,
namely the City.

Adjustments to Annual Benefit and Limitations.

ADMINISTRATION AND GOVERNMENT

1-106

$75,000 if the annual benefit commences on or after age 55 or (2) the amount which
is the actuarial equivalent of the $75,000 limitation at age 55 if the annual benefit
commences prior to age 55. For purposes of adjusting the $90,000 limitation
applicable prior to age 62 or the $75,000 limitation applicable prior to age 55, the
adjustment shall be made using the parameters specified in the definition of
actuarial equivalent, except that the interest rate assumption shall be the greater
of 5% or the rate specified in said definition and any mortality decrement shall be
ignored to the extent that a forfeiture does not occur at death. In no event,
however, shall the aforesaid dollar limitation be reduced to an amount less than
$50,000.

If the annual benefit begins after age 65, the $90,000 limitation shall be increased
so that it is the actuarial equivalent of the $90,000 limitation at age 65.

For purposes of adjusting the $90,000 limitation applicable after age 65, the
adjustment shall be made using the parameters specified in the definition of
actuarial equivalent, except that the interest rate assumption shall be the lesser of
5% or the rate specified in said definition and the mortality decrement shall be
ignored to the extent that a forfeiture does not occur at death.

For purposes of the annual benefit and subsections (A) and (B) above, no
adjustments under Code §415(d) shall be taken into account before the limitation
year for which such adjustment first takes effect.

For purposes of the annual benefit, no adjustment is required for qualified joint
and survivor annuity benefits, pre-retirement death benefits and post-retirement
medical benefits.

To the extent applicable, the above provisions and limitations shall be governed
by Code §§415(b)(2)(F) and 415(b)(2)(G0.

Annual Benefit Not in Excess of $10,000.

Subject to the provisions of any applicable

State law, this Plan may pay an annual benefit to any participant in excess of his or her
maximum annual benefit if the annual benefit derived from City contributions under this
Plan and all other defined benefit plans maintained by the City does not in the aggregate
exceed $10,000 for the limitation year or for any prior limitation year and the City has not
at any time maintained a defined contribution plan in which the participant participated.
For purposes of this subsection, if this Plan provides for voluntary or mandatory
employee contributions, such contributions will not be considered a separate defined
contribution plan maintained by the City.

Participation or Service Reductions.

In the case of a member who is not receiving a

disability benefit under the Plan, if a participant has less than 10 years of participation
in the Plan at the time he begins to receive benefits thereunder, the limitations of the
maximum annual benefit above shall be reduced by multiplying such limitations by a
fraction, the numerator of which is the number of years of participation (or part thereof)
in the Plan and the denominator of which is 10; provided, however, that said fraction
shall in no event be less than 1/10th. Additionally, for Plan years beginning after

(1, PART 8A)

1-107

December 31, 1986, the reductions to the limitations described in the maximum annual
benefit above shall be applied separately with respect to each change in the benefit
structure of the Plan.

Multiple Plan Reduction.

If an employee is (or has been) a participant in one or more defined benefit plans
and one or more defined contribution plans maintained by the City, the sum of the
defined benefit plan fraction and the defined contribution plan fraction for any
limitation year may not exceed 1.0.

Defined Benefit Fraction.

The defined benefit plan fraction for any limitation

year is a fraction, the numerator of which is the sum of the participant's projected
annual benefits under all the defined benefit plans (whether or not terminated)
maintained by the City and the denominator of which is the lesser of 125% of the
dollar limitation determined for the limitation year under Code §§415(b) and (d)
or 140% of the highest average compensation, including any adjustments under
Code §415(b).

Notwithstanding the above, if the participant was a participant as of the first day of the
first limitation year beginning after December 31, 1986, in one or more defined benefit
plans maintained by the City which were in existence on May 6, 1986, the denominator
of this fraction will not be less than 125% of the sum of the annual benefits under such
plans which the participant had accrued as of the close of the last limitation year
beginning before January 1, 1987, disregarding any changes in the terms and conditions
of the plan after May 5, 1986. The preceding sentence applies only if the defined benefit
plans individually and in the aggregate satisfied the requirements of Code §415
(including any applicable elections) for all limitation years beginning before January 1,
1987.

Defined Contribution Fraction.

The defined contribution plan fraction for any

limitation year is a fraction, the numerator of which is the sum of the annual
additions to the participant's account under all the defined contribution plans
(whether or not terminated) maintained by the City for the current and all prior
limitation years (including the annual additions attributable to the participant's
nondeductible employee contributions to all defined benefit plans, whether or not
terminated, maintained by the City and the annual additions attributable to all
welfare benefit funds, as defined in Code §419(e) and individual medical accounts,
as defined in Code §415(I)(2), maintained by the City) and the denominator of
which is the sum of the maximum aggregate amounts for the current and all prior
limitation years of service with the City (regardless of whether a defined
contribution plan was maintained by the City). The maximum aggregate amount
in any limitation year is the lesser of 125% of the dollar limitation determined
under Code §§415(b) and (D) in effect under Code §415(c)(1)(A) or 35% of the
participant's compensation for such year.

ADMINISTRATION AND GOVERNMENT

1-108

If the employee was a participant as of the end of the first day of the first limitation year
beginning after December 31, 1986, in one or more defined contribution plans
maintained by the City which were in existence on May 6, 1986, the numerator of this
fraction will be adjusted if the sum of this fraction and the defined benefit fraction would
otherwise exceed 1.0 under the terms of this Plan. Under the adjustment, an amount
equal to the product of (1) the excess of the sum of the fractions over 1.0 times (2) the
denominator of this fraction, will be permanently subtracted from the numerator of this
fraction. The adjustment is calculated using the fractions as they would be computed as
of the end of the last limitation year beginning before January 1, 1987, and disregarding
any changes in the terms and conditions of this Plan made after May 5, 1986, but using
the Code §415 limitation applicable to the first limitation year beginning on or after
January 1, 1987. The annual addition for any limitation year beginning before January
1, 1987, shall not be recomputed to treat all employee contributions as annual additions.

If the sum of the defined benefit plan fraction and the defined contribution plan
fraction shall exceed 1.0 in any limitation year for any participant in this Plan, the
Administrator shall limit, to the extent necessary, the annual additions to such
participant's account for such limitation year. If, after limiting the annual
additions to such participant's account for the limitation year, the sum of the
defined benefit plan fraction and the defined contribution plan fraction still exceed
1.0, the Administrator shall then adjust the numerator of the defined benefit plan
fraction so that the sum of both fractions shall not exceed 1.0 in any limitation year
for such participant.

NOTE:

The provisions of this Plan §12.07 shall be applicable until limitation years
as of December 31, 1999, and after such time the provisions shall no longer
apply.

Incorporation of Code §415 by Reference.

Notwithstanding anything contained in this

Plan or this Section to the contrary, the limitations, adjustments and other requirements
prescribed in this Section shall at all times comply with the provisions of code §415 and
the regulations thereunder as such apply to governmental plans, the terms of which are
specifically incorporated herein by reference. Thus, for the first §415 limitation year
beginning December 31, 1994, the applicable mortality table described in Rev. Ruling 95-
6, 1995-1 C.B. 80, shall be utilized and effective for Plan years beginning after December
31, 1997, the term compensation for Code §415 purpose, accordance with §415(c)(3)(D)
of the Code and Treasury Regulation §1.415-2(d) shall include:

An elective deferral (as defined in code §402(g)(3); and,

Any amount which is contributed or deferred by the employer at the election of
the employee and which is includible in gross income of the employee by reason
of Code §§125 or 457.

Required Distributions.

Notwithstanding any provision in this Plan to the contrary, the

distribution of a participant's benefits shall be made in accordance with the requirements
and conditions and shall otherwise comply with Code §401(a)(9) and the regulations
thereunder (including Regulation §(1.401(a)(9)-2):

(1, PART 8A)

1-109

A participant's benefits shall be distributed to him not late than April 1

of the

calendar year following the later of:

(1)

The calendar year in which the participant attains age 70½.

(2)

The calendar year in which the participant retires.

Distribution to a participant and his beneficiaries shall only be made in accordance
with the incidental death benefit requirements of Code §401(a)(9)(G) and the
regulations thereunder.

Distributions made under subsections (A) and (B) of these required distributions
provisions shall be subject to the provisions of survivor provisions of the Plan.

10.

Domestic Relations Order.

All rights and benefits, including elections, provided to a

participant in this Plan may be subject to the rights afforded to any "alternate payee"
pursuant to a domestic relations order as provided by applicable State law. In evaluating
any such domestic relations order, the Plan Administrator may use a guide, Code
§414(p).

11.

Direct Rollover.

This subsection applies to distributions made on or after January 1, 1993.
Notwithstanding any provision of the Plan to the contrary that would otherwise
limit a distributee's election under this subsection, a distributee may elect, at the
time and in the manner prescribed by the Plan Administrator, to have any portion
of an eligible rollover distribution paid directly to an eligible retirement plan
specified by the distributee in a direct rollover.

For purposes of this subsection, the following definitions shall apply:

(1)

An eligible rollover distribution is any distribution of all or any portion of
the balance to the credit of the distributee, except that an eligible rollover
distribution does not include any distribution that is one of a series of
substantially equal periodic payments (not less frequently than annually)
made for the life (or life expectancy) of the distributee or the joint lives (or
joint life expectancies) of the distributee and the distributee's designated
beneficiary or for a specified period of 10 years or more, any distribution to
the extent such distribution is required under Code §401(a)(9) and the
portion of any distribution that is not includible in gross income
(determined without regard to the exclusion for net unrealized appreciation
with respect to employer securities).

(2)

ADMINISTRATION AND GOVERNMENT

1-110

Code §401(a), that accepts the distributee's eligible rollover distribution.
However, in the case of an eligible rollover distribution to the surviving
spouse, an eligible retirement plan is an individual retirement account or
individual retirement annuity.

(3)

A distributee includes an employee or former employee. In addition, the
employee's or former employee's surviving spouse and the employee's or
former employee's spouse for former spouse who is the alternate payee
under a qualified domestic relations order, as defined in Code §414(p) are
distributees with regard to the interest of the spouse or former spouse.

A direct rollover is a payment by the Plan to the eligible retirement plan specified
by the distributee. This subsection shall apply to distributions made after
December 31, 2001:

(1)

Modification of Definition of Eligible Retirement Plan.

For purposes of

the direct rollover provisions in this subsection of the Plan, an eligible
retirement plan shall also mean an annuity contract described in §403(b) of
the Code and an eligible plan under §457(b) of the Code which is
maintained by a state, political subdivision of a state or any agency or
instrumentality of a state or political subdivision of a state and which agrees
to separately account for amounts transferred into such plan from this Plan.
The definition of eligible retirement plan shall also apply in the case of a
distribution to a surviving spouse or to a spouse or former spouse who is
the alternate payee under a qualified domestic relation order, as defined in
§414(p) of the Code.

(2)

Modification of Definition of Eligible Rollover Distribution to Include
After-Tax Employee Contributions.

For purposes of the direct rollover

provisions in this subsection of the Plan, a portion of a distribution shall not
fail to be an eligible rollover distribution merely because the portion
consists of after-tax employee contributions that re not includible in gross
income. However, such portion may be paid only to an individual
retirement account or annuity described in §408(a) or (b) of the Code or to
a qualified defined contribution plan described in §§401(a) or 403(a) of the
Code that agrees to separately account for amounts so transferred, including
separately accounting for the portion of such distribution which in
includible in gross income and the portion of such distribution which is not
so includible.

12.

Credit for Qualified Military Service.

Notwithstanding any provision of this Plan to

the contrary, contributions, benefits and service credit with respect to qualified military
service will be provided in accordance with §414(u) of the Code.

(Ord. 506A, 3/26/1963; as added by Ord. 625B, 12/17/2001, §I)

(1, PART 8B)

1-111

City of Lock Haven City Employees Retirement Fund.

§1-831.

City Employees Retirement Fund Established

The City employees retirement fund be and the same is hereby established by the City of Lock
Haven, which shall be known and designated as the "City Employees Retirement Fund," and
shall be as follows:

(Ord. 52B, 2/29/1977, §B)

§1-832.

Name of Plan.

The plan shall be known as the "City Employees Retirement Fund," hereinafter referred to as
the "plan" and is established to provide income for the employees at the close of their
employment.

(Ord. 52B, 2/29/1977, Art. I)

§1-833.

Definitions.

The following words and phrases, as used herein, shall have the following meanings unless a
different meaning is plainly required for intelligent interpretation of the context:

AGE

- a person's age at his or her birthday.

AMENDMENT DATE

- January 1, 1978.

ANNIVERSARY DATE

- each January 1 subsequent to the effective date.

BENEFICIARY

- that person, persons or trusts who has been designated by the

participant to receive any benefits hereunder upon the death of the participant or
pensioner and, in the event of no designation by the participant, the participant's spouse,
if living, otherwise to his children, if living, otherwise to his parents, if living, otherwise
to his brothers and sisters, if living, otherwise to his estate. Any amounts payable to two
or more persons as beneficiary should be paid to them in equal shares unless the
beneficiary designation provides otherwise. The word "children" as used herein or in a
beneficiary designation will not be construed to have the broad meaning of descendants.

CITY EMPLOYEES RETIREMENT FUND BOARD or RETIREMENT BOARD

- as

defined in §1-840(1) of this Part.

EARNINGS

- the gross wages, compensation or salary of an employee, excluding

amounts paid for overtime and including any longevity pay. [Ord. 234B]

EFFECTIVE DATE

- February 1, 1966.

ADMINISTRATION AND GOVERNMENT

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EMPLOYEE

- any person who is employed on a full-time and permanent basis by the

City, excluding all policemen, whose most recent date of employment is subsequent to
December 31, 1977, and including elected or appointed officials of the City of Lock
Haven other than those who first serve as Mayor, members of Council or Controller on
or after January 7, 1986. [Ord. 234B]

EMPLOYER

- the City of Lock Haven.

FUND

- all monies, contracts or other property received in any manner by the trustees.

MONTH

- 15 or more days during any calendar month.

PARTICIPANT

- any employee who has met the eligibility requirements under the

provisions of §1-834, herein.

PENSIONER

- a participant who has become certified to the trustee by the Retirement

Committee as one entitled to receive retirement benefits hereunder.

RETIREMENT COMMITTEE

- the City Treasurer, City Manager and Secretary of the

Retirement Fund Board.

SERVICE

- the total number of months of employment from February 1, 1956, and the

total number of months shall be reduced to years. Service shall not be deemed to be
interrupted by vacations, temporary illness, disability preventing the participant from
engaging in any gainful employment with the City or by leave of absence; provided, that
no such interruption shall exceed 1 year. Leaves of absence shall not be granted on a
discriminatory basis. If an employee shall be excluded from the payroll, as a result of the
reasons stated in this definition, he shall pay back all contributions due.

TRUSTEE

- the depository selected by the City to hold and invest the fund pursuant to

1-838.

(Ord. 52B, 2/29/1977, Art. II; as amended by Ord. 234B, 12/30/1985, §§I, II)

§1-834.

Eligibility and Participation.

Present Participants.

Any present participant of the plan on January 1, 1978, shall

remain eligible and shall participate in this plan as of the amendment date.

Present Nonparticipating Employees.

Any employee of the City whose date of hire

precedes January 1, 1978 and, who at that date is not a part of the plan, shall be eligible
to be a participant of the plan as of that date but for the purposes of this Part shall be
considered as a future employee.

(1, PART 8B)

1-113

Future Employees.

Any employee of the City whose date of employment is subsequent

to January 1, 1978, shall become eligible and shall participate on the date of his hire.
[Ord. 105B]

(Ord. 52B, 2/29/1977, Art. III; as amended by Ord. 105B, 4/21/1980, §I)

§1-835.

Eligibility for Benefits.

Normal Retirement.

The normal retirement date of a participant shall be the first of the

month coincident with or next following the participant's 65th birthday and the
completion of 10 years service. The normal retirement date shall not be construed by the
employer as a mandatory retirement date. [Ord. 105B]

Early Retirement.

Any participant may retire within 15 years prior to his normal

retirement date providing he has completed at least ten (10) years of service.

Death Benefit.

Death benefit as defined in §1-836(4) shall be paid.

(Ord. 52B, 2/29/1977, Art. IV; as amended by Ord. 105B, 4/21/1980, §II)

§1-836.

Benefits.

Benefits Upon Normal Retirement.

Upon retirement on his normal retirement date, a

participant shall be entitled to receive a monthly retirement benefit, payable for his
lifetime, equal to: [Ord. 105B]

For participants who were employed prior to January 1, 1978, by the police force:
$3 multiplied by the participant's years of service. [Ord. 105B]

For individuals who participated in the City Employees Retirement Fund under
Ordinance No. 562A, as amended, and who were employed and left City
Employment prior to January 1, 1978, and who did not withdraw their
contributions at the time their employment was terminated: $3 multiplied by the
participant's years of service. [Ord. 105B]

For individuals who participated in the City Employees Retirement Fund only
while first serving prior to January 1, 1978, as either Mayor, a member of Council
or Controller of the City of Lock Haven: $7 multiplied by the participant's years
of service in said capacity. [Ord. 234B]

For individuals who participated in the City Employees Retirement Fund while
serving as either Mayor, a member of Council or Controller of the City of Lock
Haven and also participate in said fund while serving the City of Lock Haven in
some other capacity subsequent to December 30, 1985: $7 multiplied by the
participant's years of service as Mayor, member of Council or Controller, plus the
participant's years of service in such other capacity multiplied by 1.8% of the

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average monthly earnings during the best 5 consecutive years of the 10 years
immediately prior to retirement or, if the years of service in such other capacity is
less than 10 years, 1.8% of the average monthly earnings during the best 5
consecutive years of service in such capacity or the entire period if such period of
service is less than 5 years. [Ord. 562B]

For individuals who participated in the City Employees Retirement Fund under
Ordinance No. 562A, as amended, and who were employed and left City
employment prior to January 1, 1978, and who withdrew their contributions at the
time their employment was terminated and who are later reemployed and who
repay the amount withdrawn, or those who left City employment prior to January
1, 1978, and who did not withdraw their contributions and who are later
reemployed: $3 multiplied by the participant's years of service during the original
employment period, plus the participant's years of service during the
reemployment period multiplied by 1.8% of the average monthly earnings during
the best 5 consecutive years out of the 10 years immediately prior to retirement or,
if such reemployment period is less than 10 years, 1.8% of the average monthly
earnings during the best 5 consecutive years of the reemployment period or the
entire reemployment period if less than 5 years. [Ord. 562B]

For all other participants 1.8% of the average monthly earnings during the best 5
consecutive years out of the 10 years immediately prior to retirement multiplied
by the participant's years of service. Beginning April 1, 1999, the contribution rate
for the City Employee Retirement Fund members, other than police employees
and elected officials, shall be decreased from 8% of annual salary to 6% of annual
salary. This rate of contribution shall be in effect through April 1, 2001, at which
time the rate will be re-examined. The City, at its discretion, may annually look
at and may, at its discretion, maintain the employee contribution rate at 6% rather
than 8% if, in its discretion, it believes that savings related to Worker's
Compensation premiums related to the fund members warrants reduction from
8% to 6%. [Ord. 576]

In lieu of the normal form of benefit distribution set forth in subsection (1), above, a
participant shall have the option to elect to have his retirement benefits paid in one of
the following forms:

Sixty Months Certain and Life Annuity.

A participant may elect to receive an

actuarial equivalent pension payable for life, with a stipulation that should he die
prior to receiving 60 monthly payments, the balance of such payments shall
continue to be paid to his designated beneficiaries or, if none, to his estate.

One Hundred Twenty Months Certain and Life Annuity.

A participant may

elect to receive an actuarial equivalent pension payable for life, with a stipulation
that should he die prior to receiving 120 monthly payments, the balance of such
payments shall continue to be paid his designated beneficiaries or, if none, to his
estate.

(1, PART 8B)

1-115

Joint and 50% Survivor Annuity.

A participant who is married on his retirement

date may elect to receive an actuarial equivalent pension for life with payments
continuing after his death to his spouse for the continued lifetime of such spouse,
equal to 50% of the reduced pension payable to him.

Such optional forms of payment shall be the actuarial equivalents of the amount of
benefit the participant and his beneficiary were entitled to under the plan.

[Ord. 388B]

Benefits Upon Early Retirement.

A participant who retires on early retirement shall

be entitled to elect to receive, upon making application to the City Employees Retirement
Fund therefor, either:

A deferred pension, commencing at normal retirement date computed under the
provisions of subsection (1), above.

An immediate pension commencing at the time of early retirement equal to the
deferred pension to which he would have been eligible under subsection (2)(A),
above, had he so elected, reduced to the following percentages:

Age of Retirement

Percentage

55.0%

58.0%

61.0%

64.0%

67.0%

70.0%

73.0%

76.0%

79.0%

82.0%

85.0%

88.0%

91.0%

94.0%

97.0%

100.0%

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Interpolated to the completed month.

[Ord. 549B]

Death Benefits.

In the event of the death of a participant before he becomes entitled to the pension
herein provided for, the total of the contributions paid into the fund by said
participant shall be paid to the beneficiary, without interest, or his estate, without
interest. Payment shall be made upon request to the City Employees Retirement
Fund Board by the beneficiary or the estate with proof of death submitted at the
time of request.

In the event of the death of a participant while receiving pension hereunder, but
before the amount of the pension received shall equal the total amount of
contributions paid into the plan, the difference between the amount received as
pension and the amount contributed to the plan by the deceased participant shall
be paid to the beneficiary without interest, or to the estate without interest.
Payment shall be made upon request to the City Employees Retirement Fund
Board by the beneficiary or the estate with proof of death submitted at the time of
the request.

Termination of Employment.

If a participant should terminate his employment with

the City for any reason other than as provided in §1-835, he shall be entitled to receive
the amount of his employee contributions without interest. If a participant has
completed at least 10 years of service prior to terminating his employment with the City
for any reason other than as provided in §1-835, he shall be entitled to receive either the
amount of his employee contributions without interest or a deferred pension,
commencing at his normal retirement date, as calculated under the provisions of
subsection (1), above, or early retirement as calculated under the provisions of subsection
(3), above, and based on service to the date such participant terminated his employment
with the City.

(Ord. 52B, 2/29/1977, Art. V; as amended by Ord. 93B, 11/29/1979, §I; by Ord. 105B,
4/21/1980, §I; by Ord. 179B, 6/6/1983, §I; by Ord. 234B, 12/30/1985, §III; by Ord. 288BA,
12/7/1987, §I; by Ord. 380B, 6/17/1991; by Ord. 388B, 8/5/1991, §I; by Ord. 477B, 11/24/1994,
§I; by Ord. 536B, 12/1/1997, §II by Ord. 549B, 6/1/1998, §I; by Ord. 562B, 10/5/1998, §I; and
by Ord. 576B, 8/23/1999, §I)

§1-837.

Financing.

Amount of Contributions.

By Participants.

Each participant shall contribute to the fund by payroll

withholding: [Ord. 234B]

(1, PART 8B)

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(1)

For participant's who are employed by the police force: $3 each month.
[Ord. 234B]

(2)

For participant's who are serving as Mayor, a member of Council or
Controller of the City of Lock Haven: $8 each month. [Ord. 234B]

(3)

For all other participants: 8% of earnings due participant each pay period.
[Ord. 536B]

NOTE: Beginning April 1, 1999, the contribution rate for the City Employee
Retirement Fund members other than police employees and elected officials, shall
be decreased from 8% of annual salary to 6% of annual salary. The City, at its
discretion, may annually look at and may, at its discretion, maintain the employee
contribution rate at 6% rather than 8% if, in its discretion, it believes that savings
related to Workers' Compensation premiums related to the fund members
warrants reduction from 8% to 6%. [Ord. 576]

By the City.

The City shall annually appropriate and pay unto the fund not less

then the minimum obligation as required by the Municipal Pension Plan Funding
Standard and Recovery Act (Act 205 of 1984) as certified to Council of the City by
the chief administrative officer in accordance with §304 if aforesaid Act. [Ord.
234B]

(Ord. 52B, 2/29/1977, Art. VI; as amended by Ord. 234B, 12/30/1985, §IV; by Ord. 380B,
6/17/1991, §II; by Ord. 477B, 11/21/1994, §I; by Ord. 536B, 12/1/1997, §I; and by Ord. 576,
8/23/1999, §1)

§1-838.

Trustee.

Designation.

The City shall appoint a trustee to hold and invest the fund in accordance

with the terms of a trust agreement between the City and the trustee. The City may,
from time to time, change the trustee then serving under the trust agreement for another
trustee.

Expenses.

The fund shall be used to pay benefits as provided in the plan and to pay

such expenses of administering the plan are permitted under the provisions of Act 205
of 1984, December 18, 1984, P.L. 1005. No benefits or expenses shall be paid out of the
fund without prior authorization by the Retirement Board. [Ord. 237B]

(Ord. 52B, 2/29/1977, Art. VII; as amended by Ord. 237B, 3/3/1986, §I)

§1-839.

Amendment and Termination.

Amendment.

The City shall have the right at any time, and from time to time, to amend,

in whole or in part, any or all of the provisions of this plan. However, no such amend-
ment shall authorize or permit any part of the fund (other than such part as is required

ADMINISTRATION AND GOVERNMENT

1-118

to pay taxes and administrative expense) to be used for or diverted to purposes other
than for the exclusive benefit of the participants or their beneficiaries or estates; no such
amendment shall cause any reduction in the amount theretofore credited to any
participant, or cause or permit any portion of the fund to revert to or become the
property of the City.

Termination; Discontinuance of Contributions.

The City shall have the right at any

time to discontinue the contributions hereunder and to terminate this plan hereby
created. In the event of termination or complete discontinuance of contributions, the
trustee shall dispose of the fund until it is depleted in the following order:

First, provide for each pensioner who is retired under the terms of this plan and
for whom no annuity contracts have been obtained which will provide the amount
of retirement benefits to which he is entitled.

Second, provide for each participant who is eligible for retirement under the terms
of §1-835(1) of this plan and for whom no annuity contracts have been obtained
which will provide the amount of retirement benefits to which he is entitled.

Third, to provide for each participant who is eligible for retirement under the
terms of §1-835(2) of this plan or for whom no annuity contracts have been
obtained which will provide the amount of retirement benefits to which he is
entitled.

Fourth, distribute any remaining assets of the fund equitably among the
remaining participants.

Irrevocability of Contributions.

All contributions made to the fund by the City shall be

irrevocable during the existence of the plan and shall be maintained exclusively for the
benefit of the participants hereunder and at no time will they be returned to or in any
manner used for the benefit of the City, exclusive of such actions that would be
considered investment in nature and conducted within an arm's length transaction;
provided, however, that any contributions in excess of the amount required under this
plan which are paid to the trustee by reason of clerical or actuarial error may be returned
to the City if all liabilities, contingent as well as fixed, with respect to participants and
their beneficiaries under this plan have been satisfied.

(Ord. 52B, 2/29/1977, Art. VIII)

§1-840.

Employees Retirement Fund Board.

Composition.

A Board of 11 members, which shall be known and designated as the

"City Employees Retirement Fund Board," and hereinafter referred to in this Part as the
Board and which shall consist of the following:

Four members of Council of the City of Lock Haven, selected at their discretion,
whose terms of office shall be concurrent with their terms of office on Council.

(1, PART 8B)

1-119

Six employees of the City of Lock Haven, one of whom shall be elected from each
of the following employee subgroups; administration and finance; police; fire,
code and civilian police; streets/parks; sewer and water. Each of said members
shall be elected by a vote of the majority of the employees within their respective
subgroup and shall serve for a term of 2 years or until their successor is elected.
A vacancy occurring during a term shall be filled for the unexpired term by the
election of a successor in the same manner as his predecessor.

One retired employee of the City of Lock Haven who is a participant of the plan,
who shall be elected by a vote of the majority of the retired employees who are
participants in the plan. Said member shall serve for a term of 2 years. A vacancy
occurring during a term shall be filled for the unexpired term by the election of a
successor in the same manner as his predecessor.

Actions.

The Retirement Board shall act by a majority of its members at the time in

office, and such action may be taken either by vote at a meeting or in writing without a
meeting, and shall meet at least annually. The Retirement Board may authorize any one
or more of its members to execute any document or documents on behalf of the
Retirement Board, in which event the Retirement Board shall notify the trustee in writing
of such action and the name or names of its member or members so designated. The
trustee shall thereafter accept and rely upon any document executed by such member
or members as representing the action of the Retirement Board until the Retirement
Board shall file with the trustee a written revocation of such designation. The Retirement
Board may authorize the Retirement Committee to receive the application for benefits
from the plan, to approve or disapprove the application, and to notify the trustee of the
approval of the application in order that the trustee might make the payments in
accordance therewith.

Records.

The Retirement Board shall keep a record of all its proceedings and acts, and

shall keep all such books of account, records and other data as may be necessary for
proper administration of the plan. The Retirement Board shall notify the trustee and the
City of any action taken by the Retirement Board and, when required, shall notify any
other interested person or persons.

Actuarial Service.

City Council shall engage an accredited actuarial service which shall

present to the City actuarial statements as required by law as to the sufficiency of the
fund in accordance with generally accepted actuarial standards.

Expenses.

Unless otherwise determined by the City, the members of the retirement

Board shall serve without compensation for services as such. Expenses of the Retirement
Board not payable pursuant to §1-838(2) shall be paid by the City. [Ord. 237B]

Immunity from Liability.

No member of the Retirement Board shall incur any liability

for any action or failure to act, excepting only liability for his own gross negligence or
wilful misconduct. The City shall indemnify each member of the Retirement Board

ADMINISTRATION AND GOVERNMENT

1-120

against any and all claims, loss, damages, expense and liability arising from any action
or failure to act pursuant to his actions as a member of the Retirement Board, except
when the same is judicially determined to be due to the gross negligence or willful
misconduct of such member.

(Ord. 52B, 2/29/1977, Art. IX; as amended by Ord. 237B, 2/3/1986, §II; and by Ord. 560B,
8/3/1998, §§I, II)

§1-841.

Miscellaneous.

City Not Liable for Payment of Benefits.

The City shall have no liability for the

payment of the benefits under this plan, nor shall the City have any liability for the
administration of the plan or of the funds or assets paid over to the trustee and each
participant and pensioner shall look solely to the assets of the trust for any payments or
benefits under the plan.

City's Rights to Discharge Any Employee.

The establishment of the plan shall not be

construed as conferring any legal rights upon any employee or any person for
continuation of employment, nor shall it interfere with the rights of the City to discharge
any employee without regard to the effect which such action might have upon him as
a participant in the plan.

Spendthrift Clause.

The right of any participant or beneficiary to any benefit, to any

payment hereunder or to any separate account shall not be subject to alienation or
assignment. If such participant shall attempt to assign, transfer or dispose of such right,
or should such right be subjected to attachment, execution, garnishment, sequestration
or other legal, equitable or other process, it shall, ipso facto, pass to such one or more
beneficiaries as may be appointed by the Retirement Board from among the beneficiaries,
if any, theretofore designated by such participant and the spouse and blood relative of
the participant. However, the Retirement Board in its sole discretion may reappoint the
participant to receive any payment thereafter becoming due either in whole or in part.
Any appointment made by the Retirement Board hereunder may be revoked by the
Retirement Board at any time and a further appointment made by it.

Delegation of Authority by City.

Whenever the City, under the terms of this plan, is

permitted or required to do or perform any act or matter or thing, it shall be done and
performed by any officer thereunto duly authorized by the City.

Construction of Agreement.

This plan shall be construed according to the laws of the

Commonwealth of Pennsylvania and all provisions hereof shall be administered
according to the laws of such Commonwealth.

Limitation on Liability; Legal Actions; Payment of Expenses.

It is expressly

understood and agreed by each employee who becomes a participant hereunder that,
except for his, its or their wilful neglect or fraud, neither the City, its officers or agents,
nor the trustee, its officers or agents nor members of the Retirement Board shall be in any
way subject to any suit or litigation, or to any legal liability for any cause or reason or

(1, PART 8B)

1-121

thing whatsoever, in connection with this plan or its operation. In any action or
proceeding involving the fund, or any property constituting part or all thereof or the ad-
ministration thereof, the City, the Retirement Board and the trustee shall be the only
necessary parties and no employees or former employees of the City or their beneficiaries
or any other person having or claiming to have an interest in the fund or under the plan
shall be entitled to any notice of process. Any final judgment that may be entered in any
such action or proceeding shall be binding and conclusive on the parties thereto and all
persons having or claiming to have any interest in the fund or under the plan or in the
administration of the plan.

(Ord. 52B, 2/29/1977, Art. X)

§1-842.

Applicable Provisions of the Internal Revenue Code.

Explanation.

In recognition of the fact that the Plan must comply in form, content and

Definitions.

The following words and phrases are hereby introduced and defined for

purposes of this Section only:

ACCRUED BENEFIT

- a participant's retirement benefit exclusive of vesting.

ACTUARIAL EQUIVALENT

- a form of benefit differing in time, period or manner of

payment from a specific benefit provided under the Plan, but having the same value
when computed using the Plan factors. Effective January 1, 1995, for purposes of §415
of the Code, effective the first limitation year beginning after December 31, 1994, the
applicable mortality table shall be utilized. This applies to all benefit, including benefits
accrued before the first limitation year beginning after December 31, 1994. The
applicable mortality table is the mortality table described in Revenue Ruling 95-6, 1995-1
C B.80.

ANNUAL ADDITIONS

- the sum credited to a participant's account for any limitation

year of (1) City contributions, (2) employee contributions, (3) forfeitures, (4) amounts
allocated after March 31, 1984, to an individual medical account, as defined in Code
§415(I)(2) which is part of a pension or annuity plan maintained by the City and (5)
amounts derived from contributions paid or accrued after December 31, 1985, in taxable
years ending after such date, which are attributable to post-retirement medical benefits
allocated to te separate account of a key employee (as defined in Code §419A(d)(3) under
a welfare benefit plan (as defined under Code §419(e)) maintained by the City. Except,
however, the percentage limitation referred to in Code §415(c)(1)(B) below shall not
apply to (1) any contribution for medical benefits (within the meaning of Code
§419A(f)(2) after separation from service which is otherwise treated as an annual
addition or (2) any amount otherwise treated as an annual addition under Code
§415(I)(1). Notwithstanding the foregoing, the limitation years beginning prior to

ADMINISTRATION AND GOVERNMENT

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January 1, 1987, only that portion of employee contributions equal to the lesser of
employee contributions in excess of 6% of "415 compensation" or one-half of employee
contributions shall be considered an annual addition.

ANNUAL BENEFIT

- the benefit payable under the terms of the plan (exclusive of any

benefit not required to be considered for purposes of applying the limitation of Code
§415 to the Plan) payable in the form of a straight life annuity with no ancillary benefits.
If the benefit under the Plan is payable in any other form, the annual benefit shall be
adjusted to the equivalent of a straight life annuity using the greater of the interest rate
assumption specified in the definition of "actuarial equivalent" or 5%.

In addition to other applicable limitations set forth in the Plan and notwithstanding any
other provision of the Plan to the contrary, for Plan years beginning on or after January
1, 1996, the annual compensation of each employee who becomes a participant in the
Plan on or after such date shall not exceed the OBRA 93 annual compensation limit. The
OBRA 93 annual compensation limit is $150,000 as adjusted by the Commissioner for
increases in the cost of living in accordance with Code §401(a)(17)(B). The cost of living
adjustment in effect for a calendar year applies to any period, not exceeding 12 months,
over which compensation is determined (determination period) beginning in such
calendar year. If a determination period consists of fewer than 12 months, the OBRA 93
annual compensation limit will be multiplied by a fraction, the numerator of which is the
number of months in the determination period and the denominator of which is 12.

For Plan years beginning on or after January 1, 1996, and any reference in this Plan to the
limitation under Code §401(a)(17) shall mean the OBRA 93 annual compensation limit
set forth in this provision.

With respect only to an employee who becomes a participant in the Plan on or after
January 1, 1996, if compensation for any prior determination period is taken into account
in determining such employee's benefits accruing in the current Plan year, the
compensation for that prior determination period is subject to the OBRA 93 annual
compensation limit in effect for that prior determination period. For this purpose, for
determination periods beginning before the first day of the first Plan year on or after
January 1, 1996, the OBRA 93 annual compensation limit is $150,000.

EMPLOYEE

- any person who is employed by the City, but excludes any person who is

an independent contractor. Employee shall include leased employees within the
meaning of Code §§414(n)(2) and 414(o)(2) unless such leased employees are covered by
a plan described in Code §414(n)(5) and such leased employees doe not constitute more
than 20% of the recipient's non-highly compensated work force.

415 COMPENSATION

- with respect to any participant shall mean such participant's

wages as defined in Code §3401(a) and all other payments of compensation by the City
(in the course of the City's business) for a Plan year for which the City is required to

(1, PART 8B)

1-123

furnish the participant with a written statement under Code §§6041(d), 6051(a)(3) and
6052. "415 compensation" must be determined without regard to any rules under Code
§3401(a) that limit the remuneration included in wages based on the nature or location
of the employment or the services performed (such as the exception for agricultural labor
in Code §3402(a)(2).

LEASED EMPLOYEE

- any person (other than an employee of the recipient) who

pursuant to an agreement between the recipient and any other person ("leasing
organization") has performed services for the recipient (or for the recipient and related
persons determined in accordance with Code §414(n)(6)) on a substantially full-time
basis for a period of at least 1 year and such services are under primary direction and
control of the recipient. Contributions or benefits provided a leased employee by the
leasing organization, which are attributable to services performed for the recipient
employer, shall be treated as provided by the recipient employer. A leased employee
shall not be considered an employee of the recipient:

If such employee is covered by a money purchase pension plan providing:

(1)

(2)

Immediate participation.

(3)

Full and immediate vesting.

LIMITATION YEAR

- the Plan year, for purposes of applying the limitations under the

current Article.

PARTICIPANT'S ACCOUNT

- the account established and maintained by the

Administrator for each participant with respect to his total interest in the defined
contribution plan maintained by the City resulting from annual additions.

PLAN YEAR

- the 12 month period beginning on January 1 and ending on December 31

of each year.

REGULATION

- the Income Tax Regulations, as amended from time to time, as

promulgated by the Secretary of the Treasury or his delegate.

Maximum Annual Benefit.

Subject to the exceptions below, the maximum annual benefit payable to a
participant under this Plan in any limitation year shall equal $90,000.

ADMINISTRATION AND GOVERNMENT

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Notwithstanding anything in this Section to the contrary, to the extent the Plan
was in existence on May 6, 1986, and had complied at all times with the
requirements of Code §415 (including any pertinent elections) the maximum
annual benefit for any individual who was a participant as of the first day of the
limitation year beginning after December 31, 1986, shall not be less than the
"current accrued benefit." "Current accrued benefit" shall mean a participant's
accrued benefit under the Plan, determined as if the participant had separated
from service as of the close of the last limitation year beginning before January 1,
1987, when expressed as an annual benefit within the meaning of Code §415(b)(2).
In determining the amount of a participant's "current accrued benefit," the
following shall be disregarded (1) any change in the terms and conditions of the
Plan after May 5, 1986 and (2) any adjustment for cost of living occurring after
May 5, 1986.

of each calendar

year and is applicable to limitation years ending with or within that calendar year.

For purpose of this Section, all qualified defined benefit plans (whether terminated
or not) ever maintained by the City shall be treated as one defined benefit plan
and all qualified defined contribution plans (whether terminated or not) ever
maintained by the City shall be treated as one defined contribution plan.

For the purpose of this Section, if this Plan is a Code §413(c) plan, all employers
of a participant who maintain this Plan will be considered to be a single employer,
namely the City.

Adjustments to Annual Benefit and Limitations.

If the annual benefit begins before age 62, then the $90,000 limitation shall be
reduced so that it is the actuarial equivalent of the $90,000 limitation beginning at
age 62. The $90,000 shall not be actuarial reduced; however, to less than (1)
$75,000 if the annual benefit commences on or after age 55 or (2) the amount which
is the actuarial equivalent of the $75,000 limitation at age 55 if the annual benefit
commences prior to age 55. For purposes of adjusting the $90,000 limitation
applicable prior to age 62 or the $75,000 limitation applicable prior to age 55, the
adjustment shall be made using the parameters specified in the definition of
actuarial equivalent, except that the interest rate assumption shall be the greater
of 5% or the rate specified in said definition and any mortality decrement shall be
ignored to the extent that a forfeiture does not occur at death. In no event;
however, shall the aforesaid dollar limitation be reduced to an amount less than
$50,000.

If the annual benefit begins after age 65, the $90,000 limitation shall be increased
so that it is the actuarial equivalent of the $90,000 limitation at age 65.

(1, PART 8B)

1-125

For purposes of adjusting the $90,000 limitation applicable after age 65, the
adjustment shall be made using the parameters specified in the definition of
"actuarial equivalent," except that the interest rate assumption shall be the lesser
of 5% or the rate specified in said definition and the mortality decrement shall be
ignored to the extent that a forfeiture does not occur at death.

For purpose of the annual benefit and subsections (A) and (B) above, no
adjustments under Code §415(d) shall be taken into account before the limitation
year for which such adjustment first takes effect.

For purposes of the annual benefit, no adjustment is required for qualified joint
and survivor annuity benefits, pre-retirement death benefits and post-retirement
medical benefits.

To the extent applicable, the above provisions and limitations shall be governed
by Code §§415(b)(2)(F) and 415(b)(2)(G).

Annual Benefit not in Excess of $10,000.

Subject to the provisions of any applicable

state law, this Plan may pay an annual benefit to any participant in excess of his or her
maximum annual benefit if the annual benefit derived from City contributions under this
Plan and all other defined benefit plans maintained by the City does not in the aggregate
exceed $10,000 for the limitation year or for any prior limitation year and the City has not
at any time maintained a defined contribution plan in which the participant participated.
For purposes of this subsection, if this Plan provides for voluntary or mandatory
employee contributions, such contributions will not be considered a separate defined
contribution plan maintained by the City.

Participation or Service Reduction.

In the case of a member who is not receiving a

Multiple Plan Reduction.

ADMINISTRATION AND GOVERNMENT

1-126

Defined Benefit Fraction.

The defined benefit plan fraction for any limitation

Defined Contribution Fraction.

The defined contribution plan fraction for any

limitation year is a fraction, the numerator of which is the sum of the annual
additions to the participant's account under all the defined contribution plans
(whether or not terminated) maintained by the City for the current and all prior
limitation years (including the annual additions attributable to the participant's
nondeductible employee contributions to all defined benefit plans, whether or not
terminated, maintained by the City and the annual additions attributable to all
welfare benefit funds, as defined in Code §419(e) and individual medical accounts,
as defined in Code §415(I)(2), maintained by the City) and the denominator of
which is the sum of the maximum aggregate amounts for the current and all prior
limitation years of service with the City (regardless of whether a defined
contribution plan was maintained by the City). The maximum aggregate amount
in any limitation year is the lesser of 125% of the dollar limitation determined
under Code §§415(b) and (d) in effect under Code §415(c)(1)(A) or 35% of the
participant's compensation for such year.

If the employee was a participant as of the end of the first day of the first limitation year
beginning after December 31, 1986, in one or more defined contribution plans
maintained by the City which were in existence on May 6, 1986, the numerator of this
fraction will be adjusted if the sum of this fraction and the defined benefit fraction would
otherwise exceed 1.0 under the terms of this Plan. Under the adjustment, an amount
equal to the product of (1) the excess of the sum of the fractions over 1.0 times (2) the
denominator of this fraction, will be permanently subtracted from the numerator of this
fraction. The adjustment is calculated using the fractions as they would be computed as
of the end of the last limitation year beginning before January 1, 1987, and disregarding
any changes in the terms and conditions of the Plan made after May 5, 1986, but using
the Code §415 limitation applicable to the first limitation year beginning on or after
January 1, 1987. The annual addition for any limitation year beginning before January
1, 1987, shall not be recomputed to treat all employee contributions as annual additions.

(1, PART 8B)

1-127

NOTE.

The provisions of this Plan §12.07 shall be applicable until limitation years
as of December 31, 1999, and after such time the provisions shall no longer
apply.

Incorporation of Code §415 by Reference.

Notwithstanding anything contained in this

Plan of this Section to the contrary, the limitations, adjustments and other requirements
prescribed in this Section shall at all times comply with the provisions of Code §415 and
the regulations thereunder as such apply to governmental plans, the terms of which are
specifically incorporated herein by reference. Thus, for the first §415 limitation year
beginning after December 31, 1994, the applicable mortality table described in Revenue
Ruling 95-6, 1995-1 C.B.80 shall be utilized and effective for Plan years beginning after
December 31, 1997, the term compensation for Code §415 purposes, in accordance with
§415(c)(3)(D0 of the Code and Treasury Regulation §1.415-2(d) shall include:

An elective deferral (as defined in Code §402(g)(3).

Any amount which is contributed or deferred by the employer at the election of
the employee and which is includible in gross income of the employee by reason
of Code §§125 or 457.

Required Distributions.

Notwithstanding any provision in this Plan to the contrary, the

A participant's benefits shall be distributed to him not late than April 1

of the

calendar year following the later of:

(1)

The calendar year in which the participant attains age 70½.

(2)

The calendar year in which the participant retires.

Alternatively, distributions to a participant must begin no later than the applicable April
1

as determined under the preceding sentence and must be made over a period not

exceeding the life of the participant's or the life expectancy of the participant in
accordance with regulations.

ADMINISTRATION AND GOVERNMENT

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Distribution to a participant and his beneficiaries shall only be made in accordance
with the incidental death benefit requirements of Code §401(a)(9)(G) and the
regulations thereunder.

Distributions made under subsections (A) and (B) of this subsection provisions
shall be subject to the provisions of survivor provisions of the Plan.

10.

Domestic Relations Order.

All rights and benefits, including elections, provided to a

11.

Direct Rollover.

This Section applies to distributions made on or after January 1, 1993.
Notwithstanding any provision of the Plan to the contrary that would otherwise
limit a distributee's election under this Section, a distributee may elect, at the time
and in the manner prescribed by the Plan Administrator, to have any portion of
an eligible rollover distribution paid directly to an eligible retirement plan
specified by the distributee in a direct rollover.

For purposes of this Section, the following definitions shall apply:

(1)

(2)

An eligible retirement plan is an individual retirement account described in
Code §408(a), an individual retirement annuity described in Code §408(b),
an annuity plan described in Code §403(a) or a qualified trust described in
Code §401(a) that accepts the distributee's eligible rollover distribution.
However, in the case of an eligible rollover distribution to the surviving
spouse, an eligible retirement plan is an individual retirement account or an
individual retirement annuity.

(1, PART 8B)

1-129

(3)

A distributee includes an employer or former employee. In addition, the
employee's or former employee's surviving spouse and the employee's or
former employee's spouse or former spouse who is the alternate payee
under a qualified domestic relations order, as defined in Code §414(p) are
distributees with regard to the interest of the spouse or former spouse.

A direct rollover is a payment by the Plan to the eligible retirement plan specified
by the distributee. This Section shall apply to distributions made after December
31, 2001.

(1)

Modification of Definition of Eligible Retirement Plan.

For purposes of

the direct rollover provisions in this Section of the Plan, an eligible
retirement plan shall also mean an annuity contract described in §403(b) of
the Code and an eligible plan under §457(b) of the Code which is
maintained by a state, political subdivision of a state or any agency or
instrumentality of a state or political subdivision of a state and which agrees
to separately account for amounts transferred into such plan from this Plan.
The definition of eligible retirement plan shall also apply in the case of a
distribution to a surviving spouse or to a spouse or former spouse who is
the alternate payee under the qualified domestic relation order, as defined
in §414(p) of the Code.

(2)

Modification of Definition of Eligible Rollover Distribution to Include
After-Tax Employee Contributions.

For purposes of the direct rollover

provisions in this Section of the Plan, a portion of a distribution shall not fail
to be an eligible rollover distribution merely because the portion consists of
after-tax employee contributions that are not includible in gross income.
However, such portion may be paid only to an individual retirement
account or annuity described in §408(a) or (b) of the Code, or to a qualified
defined contribution plan described in §§401(a) or 403(a) of the Code that
agrees to separately account for amounts so transferred, including
separately accounting for the portion of such distribution which is
includible in gross income and the portion of such distribution which is not
so includible.

12.

Credit for Qualified Military Service.

Notwithstanding any provision of this Plan to

the contrary, contributions, benefits and service credit with respect to qualified military
service will be provided in accordance with §414(u) of the Code.

(Ord. 52B, 2/29/1977; as added by Ord. 626B, 12/17/2001, §I

(1, PART 8C)

1-131

Death Benefits for Retired Police.

§1-851.

Police Death Benefits Fund Established.

A police death benefits fund be, and the same is hereby established by the City of Lock Haven,
which shall be known and designated as the "Police Death Benefits Fund" and shall hereafter
be referred to in this Part as "the fund."

(Ord. 40B, 6/20/1977, §2)

§1-852.

Maintenance, Direction and Distribution of the Fund.

The fund shall be maintained, directed, applied and distributed pursuant to the provisions
herein contained and the regulations adopted pursuant thereto for the benefit of the members
of the Association herein created.

(Ord. 40B, 6/20/1977, §3)

§1-853.

Police Death Benefit Fund Board Created; Membership.

A board of seven members is hereby constituted and created, which shall consist of the same
members as the Police Pension Fund Board, and being known as the "Police Death Benefits
Fund Board," and hereinafter referred to in this Part as "the Board." Said Board shall have the
terms of office as the Police Pension Fund Board.

(Ord. 40B, 6/20/1977, §4)

§1-854.

Compensation of Board Members; Reimbursement of Expenses.

(Ord. 40B, 6/20/1977, §5)

§1-855.

Powers of the Board; Corporate Depository; Duties.

The Board may, from time to time, with approval of Council of the City and subject to the
limitations of this Part and of law:

ADMINISTRATION AND GOVERNMENT

1-132

Appoint a secretary and such medical, clerical and other employees as may be
necessary.

Determine and fix the compensation of all persons employed by the Board.

A corporate depository chosen by the Board shall care for, manage, invest and
dispose of (as part of the fund) all money or property, real, personal or mixed,
taken by the City of Lock Haven by gift, grant, devise or bequest, in trust, for the
benefit of such pension fund, subject to the provisions of this Part and future
regulations by Council, and subject to such directions not inconsistent therewith
as the donors of such funds and property may prescribe.

(Ord. 40B, 6/20/1977, §6)

§1-856.

Duties of the Board; Meetings; Report of Depository; Designation of
Depository.

The Board shall, with the approval of Council of the City and subject to the limitations of this
Part and of law:

Hold an annual meeting during the second calendar quarter of each year and
there at present the annual report of the depository showing the condition of the
investments of the fund and evidencing receipts, charges and disbursements
during the previous year, which depository report will be made a part of the
record of the proceedings and a copy of which shall be filed with the Council of
the City of Lock Haven and copies of which shall be furnished to each member of
the Association requesting the same. [Ord. 670]

Hold such special meetings as the efficient discharge of their duties requires and
the chairman may, and upon request in writing of three members of the Board
shall, call special meetings of the Board upon 24 hours notice to each member,
which notice shall state whether such meeting is to be convened for special or
general business; but such notice may be waived by unanimous consent of the
members.

At the annual meeting, or as soon thereafter as is practical, designate a depository
or depositories for the fund, which designation shall be valid for the period of 1
year, or until such time as another is designated by similar action; and the
treasurer of the Board shall, upon the designation of the depository, immediately
deposit all monies in the fund therein in the name of the fund.

(1, PART 8C)

1-133

Keep all records and accounts as shall be necessary for the efficient execution of
this Part.

Furnish to Council such financial and other reports as it may, from time to time,
request.

(Ord. 40B, 6/20/1977, §7; as amended by Ord. 670, 2/24/2003, §1)

§1-857.

Association Established.

An association is hereby constituted to be the basis for receiving benefits hereunder and which
association shall be known and designated as the "Police Pension Fund Association,"
herebefore established and herein referred to as the Association.

(Ord. 40B, 6/20/1977, §8)

§1-858.

Direction of the Fund.

The fund shall be under, and is hereby committed to, the direction and control of the Board.

(Ord. 40B, 6/20/1977, §9)

§1-859.

Appropriation by the City.

The City of Lock Haven shall appropriate and pay into the fund at the time of enactment of this
fund the sum of $16,000 and any and all costs or expenses incidental thereto hereafter.

(Ord. 40B, 6/20/1977, §10)

§1-860.

Investment of Funds.

The depository shall invest the principal of the fund, and any accumulated interest thereon not
necessary for the immediate payment of pensions hereunder, in:

The bonds or obligations of the United States or the United States Treasury, or
those for the payment of principal and interest on which the faith and credit of the
United States is pledged.

Bonds or other interest bearing obligations of the Commonwealth of Pennsylvania,
or those for the payment of principal and interest on which the faith and credit of
the Commonwealth is pledged.

ADMINISTRATION AND GOVERNMENT

1-134

Any other investment which is legal for fiduciaries.

(Ord. 40B, 6/20/1977, §11)

§1-861.

Inalienability of Death Benefit Payments.

The death benefits herein provided for shall not be subject to attachment or execution and shall
be payable only to the beneficiary designated and shall not be subject to assignment or transfer.

(Ord. 40B, 6/20/1977, §12)

§1-862.

Eligibility for Death Benefits.

Upon the later of attaining age 55 or from retiring from active service as a police officer after
a minimum of 20 years service, a member of the Association shall be entitled to a death benefit
in the amount of $4,000 for which the fund itself shall be liable and which shall be paid to the
designated beneficiary of the member.

(Ord. 40B, 6/20/1977, §13; as amended by Ord. 233B, 12/30/1985, §VIII)

§1-863.

Disbursement of Fund.

All disbursements from the fund shall be by check or order drawn by the authorized
depository.

(Ord. 40B, 6/20/1977, §14)

§1-864.

Death Benefits Payments Charged Against the Pension Fund Only.

Payments of death benefits under this Part shall be made solely out of the moneys and property
in the Police Death Benefits Fund and shall not be a charge on any other fund in the treasury
of the City or under its control.

(Ord. 40B, 6/20/1977, §15)

(1, PART 8C)

1-135

§1-865.

Treasurer's Bond.

(Ord. 40B, 6/20/1977, §16)

§1-866.

Treasurer's Duties.

It shall be the duty of the treasurer to keep account of all moneys coming into his hands
belonging to the Board and of all disbursements of the same. All moneys received by the
treasurer shall forthwith be deposited in the depository chosen by the said Board in the name
of the Police Death Benefits Fund.

(Ord. 40B, 6/20/1977, §17)

§1-867.

Financial Report by Depository.

The depository, or someone employed by it, shall, at least once a year, submit to the Board and
to the Council of the City of Lock Haven a statement of the financial condition of the fund and
of the documents received and paid out during the year and of all investments made by the
depository and the condition of such investments.

(Ord. 40B, 6/20/1977, §18)

(1, PART 9)

1-137

PART 9

REAL ESTATE REGISTRY

§1-901.

Registration of Real Estate Department Established; Supervision.

There be, and is hereby, established and created in the City of Lock Haven, a department for
the registration of the ownership of all real estate situated in said City, which said department
shall be under the direction and supervision of the City Engineer.

(Ord. 193A, 4/17/1939, §1)

§1-902.

Duties of City Engineer; Maintenance of Books, Maps and Plans; Approval
Required.

The City Engineer of said City shall cause to be made all necessary books, maps and plans of
the City showing the situation and dimensions of each property therein, with the street number
and name of the owner or owners of each lot, with provisions for the names of future owners
and dates of future transfers of title, and for such purpose the said Engineer shall cause to be
made search in any of the public records wherein the information necessary to determine said
ownership may be obtainable and in any other place for any monuments or evidences of title
requisite for the completion of said books, maps or plans. The said books, maps and plans shall
be carefully preserved in the office of the City Engineer of said City and shall be so kept by
addition, from time to time, or otherwise, as to show the ownership of every lot or piece of real
estate or subdivision thereof within the City of Lock Haven, with the successive transmissions
of title from the date of the commencement of such plans; but nothing herein shall invalidate
any municipal or tax claim by reason of the fact that the same is not assessed or levied against
the registered owner. The said books, maps and plans so prepared by the City Engineer, before
the final adoption thereof, shall be approved by the City Solicitor and by the City Council.

(Ord. 193A, 4/17/1939, §2)

§1-903.

Duty of Owners of Unregistered Real Estate; Duty of Purchasers of Real Estate.

It shall be the duty of all owners of unregistered real estate within the City of Lock Haven,
within 10 days of the date of the approval of this Part and of every subsequent purchaser,
devisee or person acquiring title by partition or otherwise, to any real estate in the said City,
within 1 month after acquiring said title, to furnish the City Engineer, at his office, descriptions
of their respective properties upon blanks to be furnished by the City, and at the same time to
present their conveyance to be stamped by the City Engineer, without charge, as evidence of
the registration thereof. Provided, that, the presentation of said deeds for registry and
certification by the Recorder of Deeds or Sheriff, as now provided by law, shall be in lieu of
such presentation by the owner.

(Ord. 193A, 4/17/1939, §3)

ADMINISTRATION AND GOVERNMENT

1-138

§1-904.

Duty of Persons Acquiring Real Estate or Interest Therein.

It shall be the duty of all persons acquiring real estate, or any interest therein, within the limits
of the City of Lock Haven, whether by will or by inheritance under the Intestate Law of
Pennsylvania, within 10 days after acquiring such interest in real estate, to furnish the City
Engineer, at his office, descriptions of any such property or properties, upon blanks to be
furnished by the City. If said property or properties are acquired by will, the devisees
thereunder at the same time shall furnish a certified copy of said will for registry with the City
Engineer; and if said property is acquired under the Intestate Law of Pennsylvania, said owner
or owners shall at the same time advise said City Engineer of the name of the decedent, the
date of his or her death and the names of all persons acquiring title by reason of said death.

(Ord. 193A, 4/17/1939, §4)

§1-905.

Duty of County Sheriff In Reference to Judicial Sales; Fees and Expenses.

The Sheriff of Clinton County shall present for registry, on forms furnished by the City
Engineer prior to the recording thereof, the deeds for all properties within the limits of the City
of Lock Haven sold by him at any judicial sale or sales, whether by execution, in partition or
otherwise. On all such deeds which the Sheriff is required to present for registry, he shall be
entitled to a fee for each deed, as provided in the Sheriff Fee Act, 42 Pa.C.S.A. §21101 et seq., in
addition to the mileage provided by law, which fees and mileage shall be paid by the
purchaser.

(Ord. 193A, 4/17/1939, §5; as amended by Ord. 670, 2/24/2003, §1)

§1-906.

Duty of County Recorder of Deeds; Fees.

The Recorder of Deeds of Clinton County shall, within 10 days after any deed conveying real
estate within the limits of the City of Lock Haven bearing date subsequent to the approval of
this part has been received by said Recorder for record, unless said deed shall have been
already registered, present such deed for registry with the City Engineer on a form furnished
by said City Engineer, as herein provided, before delivery of such deed to the party entitled to
receive the same. On all such deeds which the Recorder is required to have registered, he shall
be entitled to a fee, as provided for Recorder of Deeds in the Judicial Code, 42 Pa.C.S.A. §21051.

(Ord. 193A, 4/17/1939, §6; as amended by Ord. 670, 2/24/2003, §1)

(1, PART 9)

1-139

§1-907.

Storage of Books, Maps and Plans.

The books, maps or plans made by the City Engineer, or under his direction, under the provi-
sions of this Part shall remain in the office of the City Engineer and under his custody and
control, and in no event, for any purpose, shall be removed therefrom by any person or
persons.

(Ord. 193A, 4/17/1939, §8)

§1-908.

Availability of Records to Board of Revision of Taxes and Appeals.

The Board of Revision of Taxes and Appeals shall at all times have full and free use of said
books, plans, etc., without removal from the office of the City Engineer.

(Ord. 193A, 4/17/1939, §9)

§1-909.

Penalty for Violation.

Any person, firm or corporation neglecting or refusing to comply with the provisions of this
Part for a period of 30 days after public notice of the requirements thereof and 10 days notice
by the City Engineer to said person, firm or corporation of the requirements of this Part shall,
upon conviction thereof, be sentenced to pay a fine of not more than $600 plus costs and, in
default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.
Each day that a violation of this Part continues shall constitute a separate offense.

(Ord. 193A, 4/17/1939, §10; as amended by Ord. 670, 2/24/2003, §1)

(1, PART 10)

1-141

PART 10

EMPLOYEE BENEFITS

§1-1001.

Overtime Pay.

All full-time hourly employees, both regular and temporary, in the Department of Public
Works shall be compensated for hours worked over eight per day or 40 per week at the rate of
1 1/2 times their normal hourly rate.

(Ord. 823A, 4/3/1972, §1)

§1-1002.

Call-In Pay.

All regular full-time hourly employees in the Department of Public Works shall be guaranteed
a minimum of 4 hours pay at 1 1/2 times their normal hourly rate in the event they are required
to perform work during off duty hours and providing they have left their work site.

(Ord. 823A, 4/3/1972, §2)

§1-1003.

Longevity Pay.

All regular full-time hourly and salary employees, except the City Manager and City Treasurer,
hired prior to January 1, 1984, shall be entitled to longevity pay in accordance with Schedule
A hereof. Employees hired on or after this date shall not receive longevity pay.

The longevity date shall be the January 1 nearest in time to the employee's date of
hire. An eligible employee shall be entitled to longevity pay in the year beginning
on the fifth anniversary of his longevity date, shall receive the maximum longevity
pay on the twentieth anniversary of his longevity date and shall then continue to
receive the same amount for the duration of his employment. Longevity pay shall
not be included in the computation of overtime pay.

The payment of longevity pay shall be made in a lump sum amount on the first
scheduled payday in November; those leaving City employment prior thereto
shall be paid a prorated sum based on actual service.

Schedule A

Anniversary of Longevity Date

Longevity Pay (Annual)

5th

$200

10th

$400

15th

$600

ADMINISTRATION AND GOVERNMENT

Schedule A

Anniversary of Longevity Date

Longevity Pay (Annual)

1-142

20th

$800

(Ord. 823A, 4/3/1972, §3; as amended by Ord. 156B, 4/19/1982, §I; and by Ord. 202B,
9/10/1984, §II)

§1-1004.

Applicability of Certain Provisions.

The provisions of this Part are applicable to all full-time employees of the City of Lock Haven,
Pennsylvania not covered by Labor Agreements .

(Ord. 823A, 4/3/1972; as added by Ord. 926A, 6/16/1975, §1; and as amended by Ord. 33B,
4/18/1977, §1)

§1-1005.

Sick Leave.

Each permanent full-time employee who has completed his probationary period is
entitled to sick leave with pay on the basis of one day for each full calendar month of
service, wherein the employee works 75% of the scheduled work days in said month,
and said sick leave shall be accumulative up to 200 days. [Ord. 382B]

Each regular part-time employee who has completed his probationary period is entitled
to sick leave with pay on the basis of 1/2 day for each full calendar month of service,
wherein the employee works 75% of the scheduled work days in said month, and said
sick leave shall be accumulative up to 100 days. [Ord. 382B]

A doctor's certificate is required for an absence from work due to sickness for 3 or more
consecutive days. For absences of less than 3 days, a doctor's certificate may be required
where, in the opinion of the City, the employee has been abusing his sick leave
privileges.

An employee who is eligible for Workmen's Compensation benefits shall not be eligible
for sick leave pay. The City may, however, grant sick leave benefits for the period not
initially covered by Workmen's Compensation but, upon the applicability of coverage
due to extended loss of time from work for which an employee is paid retroactive
Workmen's Compensation benefits, the employee shall reimburse the City for the
advanced sick leave and, upon so doing, his sick leave eligibility schedule shall be
accordingly increased.

If an employee claims sick leave pay to which he is not entitled under this Section, he
will be subject to disciplinary action.

(1, PART 10)

1-143

Sick leave may be used to prevent loss of pay when absent for personal illness or injury
of the employee only.

Sick Leave Buy-Back Policy.

The City of Lock Haven hereby adopts a policy applicable

to all full-time permanent employees in positions not covered by a Labor Agreement, a
"sick leave buy-back policy," specifically conditioned as described below:

Employees who retire shall be paid for their accumulated, unused sick leave
benefits in accordance with the schedule below, if they retire under the conditions
set forth in subsection (B).

Days Available at
Retirement

Percent

Maximum Buy-Out

0 to 100

30%

30 days

101 to 200

40%

80 days

Eligibility for payment of benefits under subsection (A) is as follows:

(1)

Superannuation retirement with at least 5 years credited service in the
employ of the City.

(2)

Disability retirement which requires at least 5 years of City service.

(3)

After 7 years of service, death prior to retirement or separation of service.

(4)

Such payments shall not be made for partial days of accumulated sick leave.

(5)

Such payments shall not be construed to add to the credited service of
retiring members or to the retirement covered compensation of the member.
This buy-back will not be used in the calculation of retirement benefits.

[Res. 575]

(Ord. 823A, 4/3/1972, §4; as amended by Ord. 926A, 6/16/1975, §2; by Ord. 33B, 4/18/1977,
§2; by Ord. 156B, 4/19/1982, §III; by Ord. 217B, 5/6/1985, §II; by Ord. 382B, 6/17/1991, §II; as
added by Res. 575, 3/15/1999)

§1-1006.

Holidays.

The following days shall be recognized as paid holidays:

New Year's Day (January 1).

Good Friday.

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Memorial Day (last Monday in May).

Independence Day (July 4).

Labor Day (first Monday in September).

Veterans Day (on designated Federal holiday).

Thanksgiving Day.

Day after Thanksgiving. [Ord. 670]

Christmas Day.

Personal day.

President's Day. [Ord. 202B]

Personal day. [Ord. 202B]

Personal day. [Ord. 670]

Eligible full-time employees who are off work due to the observance of one of the above
named holidays will receive their normally scheduled day's pay for such holiday not
worked.

An "eligible" employee shall have:

Completed his probationary period prior to the date of such holiday.

Worked the full work day immediately preceding such holiday and the full work
day immediately following such holiday unless his absence on either of such days
has been with the permission of the City.

Performed work for the City during the week in which the above named holidays
fall, unless he was absent on vacation.

Reported as scheduled and actually performed assigned work when the employee
is scheduled to work on such holiday.

Holidays occurring on Sunday shall be treated for all purposes under this Part as falling
on the following Monday and shall for such purposes be observed on that Monday only.
In like manner, any of the holidays occurring on Saturday shall be treated for all
purposes under this Part as falling on the preceding Friday and shall for such purposes
be observed on the Friday only.

(1, PART 10)

1-145

An employee whose vacation period includes a holiday shall receive holiday pay in
addition to vacation pay.

An employee to be eligible to take the holiday (personal day), in addition to the
requirements of subsection (3) shall have:

Filed a written request with the City at least 1 calendar week prior to the day of
his choice.

Obtained permission from the City, which will be governed by operational
requirements.

Personal days shall not be cumulative.

Fire truck drivers shall be entitled to the holiday time off provided for in this Section, but
the same shall be used as vacation time in accordance with §1-1007 and shall be in
addition to the schedule set forth therein.

Each regular part-time employee who is determined to be an eligible employee under
subsections (3) and (6) and who is off work due to the observance of one of the holidays
named in subsection (1), is entitled to one work day at straight time rate of pay for each
holiday not worked. "Work day" shall be defined as the number of hours that employee
normally works in one regularly scheduled work day. [Ord. 217B]

(Ord. 823A, 4/3/1972, §5; as amended by Ord. 926A, 6/16/1975, §3; by Ord. 33B, 4/18/1977,
§3; by Ord. 94B, 12/3/1979, §II; by Ord. 202B, 9/10/1984, §III; by Ord. 217B, 5/6/1985, §III; and
by Ord. 670, 2/24/2003, §1)

§1-1007.

Vacations.

Employees will earn vacation credits as of their date of hire. Vacations shall be earned
according to the following annual schedule and such schedule shall be proportionally
reduced to reflect monthly vacation credits. Full-time and regular part time employees
will earn vacation credits as of their date of hire.

Vacation to the nearest half day shall be pro-rated on the date the employee starts
to work the first year and then computed on each succeeding January 1 for the
calendar year.

All vacations will be pro-rata during the 1

calendar year of employment and

during each calendar year of the employee's 2

, 5

, 10

, 15

, 20

and 25

anniversary date.

Pro-ration shall be based on number of months from the starting or anniversary
date to December 31. The starting or anniversary month will count provided the
employee was hired on or before the 15

day of the month.

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Earned vacation during the calendar year of the anniversary date shall be as
follows:

Anniversary Date

Vacation Entitlement

5 days

3-4

10 days

6-9

13 days

11-14

15 days

16-19

17 days

21-24

22 days

25 days

26 days

27 days

28 days

29 days

30 days

When an employee is not actively employed reimbursement from the employee's
last pay shall be made for all paid but unearned vacation.

[Ord. 670]

To qualify for vacation an eligible employee must:

Complete his probationary period.

Be in a payroll status all of the scheduled work days during each month to qualify
for vacation credit. An employee is not in payroll status if he is not entitled to be
paid for any scheduled work day.

Vacation pay shall be employee's regular straight rate of pay on the pay day immediately
preceding the employee's vacation period.

Length of continuous employment shall be computed from the employee's first day of
continuous employment for the City.

(1, PART 10)

1-147

It is the responsibility of the City to administer the vacation program. Vacation
schedules shall be governed by the operational requirements of the City. The wishes of
each employee shall be taken into consideration and where there is a conflict in the
choice of vacation time among employees in any classification, seniority shall prevail.

If a holiday or holidays fall during an employee's vacation, that employee shall receive
holiday pay for the holiday or holidays in addition to his vacation pay provided he has
worked the full day prior and following the vacation, unless his absence on either of
such days has been with the permission of the City.

Vacations are not cumulative.

If an employee with more than 6 months past service quits with 2 weeks notice to the
City, he shall be paid for any vacation pay to which he is eligible.

Senior employees shall be given preference of dates they prefer to take their vacation
over junior employees provided their choice is made prior to April 1. If no choice is
made prior to April 1, or if a choice has been made prior to April 1, and subsequently the
employee desires to change the date, the employee, if senior, will not be allowed to select
a date which interferes with a date which has previously been selected by a junior
employee.

10.

Fire truck drivers shall take vacation time off in multiples of 1 week.

11.

Each regular part-time employee who is determined to be an eligible employee under
subsection (2), and who has been continuously employed for the periods contained in
subsection (1), is entitled to straight time pay for one work day for each vacation day
contained in subsection (1). "Work day" shall be defined as the number of hours that
employee normally works in one regularly scheduled work day. [Ord. 217B]

(Ord. 823A, 4/3/1972, §6; as amended by Ord. 926A, 6/16/1975, §4; by Ord. 33B, 4/18/1977,
§4; by Ord. 217B, 5/6/1985, §IV; by Ord. 246B, 9/8/1986, §II; and by Ord. 670, 2/24/2003, §1)

§1-1008.

Workmen's Compensation.

All regular full-time hourly and salaried employees unable to work due to injury caused
by accident occurring during and in the course of employment shall be entitled to
payment of their wages or salaries for the remainder of the scheduled workday on which
the accident occurs. The employee may further use sick or vacation leave benefits, if
unable to work on the second through seventh consecutive workdays following the day
of the accident. If the employee is still unable to work after the seventh consecutive
workday, the employee shall then be entitled to benefits under the Worker's
Compensation insurance coverage carried by the City. If the employee is unable to work
after the fourteenth consecutive workday after the day of the accident, the Workers'
Compensation insurance benefit will be come retroactive to the day of the accident. The
employee must then reimburse the City for any sick or vacation benefits received for the
period between the day of the accident and the fourteenth consecutive workday. In no

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event shall an employee receive a combined payment of wages from the City and from
Workers' Compensation insurance in an amount greater than he would have received
if working.

Employees are required to report accidents immediately to their supervisor and each
request for payment of wages and salaries for time off due to injury on the job shall be
accompanied by a written statement from a medical provider on the list of designated
Workers' Compensation health care providers, stating the nature of the injury and the
employee's availability for work. The days paid under Workers' Compensation benefits
are not chargeable to an employee's normal sick leave benefit.

(Ord. 823A, 4/3/1972, §7)

§1-1009.

Mileage.

An employee who is required by the City to use his personal vehicle for City business shall
receive a mileage allowance equivalent to the Federally approved Internal Revenue Service rate
for each mile driven in his personal vehicle when on City business. Prior approval of the trip
and method of travel must be obtained from the City Manager. Expense sheets must be filled
out immediately upon return and approved by the employee's supervisor.

(Ord. 823A, 4/3/1972; as added by Ord. 926A, 6/16/1975, §5; and as amended by Ord. 33B,
4/18/1977, §5; by Ord. 94B, 12/3/1979, §III; and by Ord. 439B, 4/19/1993, §I)

§1-1010.

Life Insurance.

The City agrees to pay the premium for a group term life insurance policy in the amount
of $19,000 for each full-time eligible employee who has completed his probationary
period. [Ord. 670]

The City agrees to pay the premium for a group term life insurance policy in the amount
of $12,000 for each regular part-time eligible employee who has completed his
probationary period. [Ord. 670]

The insurance shall terminate at the end of the month in which the employee's active
employment with the City ends.

The group term life insurance is a contract between the employer and the insurance
carrier. No dispute over a claim for life insurance will be subject to the grievance
procedure in any collective bargaining agreement.

(1, PART 10)

1-149

It is agreed and understood that the employer does not accept, nor is the employer to be
charged with hereby, any responsibility in any manner connected with the
determination of liability for payment of life insurance. It is agreed that the employer's
liability shall be limited to the payment of premiums.

(Ord. 823A, 4/3/1972; as added by Ord. 926A, 6/16/1975, §6; and as amended by Ord. 33B,
4/18/1977, §6; by Ord. 94B, 12/3/1979, §IV; by Ord. 156B, 4/19/1982, §IV; by Ord. 202B,
9/10/1984, §IV; by Ord. 217B, 5/6/1985, §V; by Ord. 246B, 9/8/1986, §III; by Ord. 330B,
10/2/1989, §IV; by Ord. 382B, 6/17/1991, §III; and by Ord. 670, 2/24/2003, §1)

§1-1011.

Hospital and Medical Insurance.

The City agrees to pay the premium, except as specified in subsection (2), below, for each
eligible employee and employee's eligible dependents on the active payroll of a group
hospital and medical service plan (insurance carrier to be selected by employer) having
benefits equal to the Blue Cross/Blue Shield Plan 100 with major medical in the amount
of $250,000. The insurance program shall be based on the principle of coordination of
benefits. An employee may opt for Blue Cross Access Care II in lieu of Plan 100, the
employee shall be responsible for any additional premium cost above Plan 100. [Ord.
670]

Any increase in the premium for hospital and medical insurance that becomes effective
after July 1, 1989 shall be shared equally by the employer and the employee; providing,
however, that the contribution of each employee shall not exceed $10 per month. [Ord.
670

New employees shall be eligible for insurance coverage upon completion of their
probationary period. The insurance coverage shall terminate at the end of the policy
month in which the employee's active employment with the employer ends. However,
premiums will be paid up to 6 months when the employee is not working due to illness
and his sick leave and vacation time have been exhausted.

The hospitalization and medical service plan is in a form of a contract between the
employer and the insurance carrier. No dispute over a claim for any benefits extended
by the hospitalization and medical service plan shall be subject to the grievance
procedure established in any collective bargaining agreement.

It is agreed and understood that the employer does not accept, nor is the employer to be
charged with hereby, any responsibility in any manner connected with the
determination of liability to any employee claiming under any of the benefits extended
by the hospitalization and medical service plan. It is agreed that the employer's liability
shall be limited to the payment of premiums as stated above.

(Ord. 823A, 4/3/1972; as added by Ord. 926A, 6/16/1975, §7; and as amended by Ord. 330B,
10/2/1989, §III; and by Ord. 670, 2/24/2003, §1)