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File #: 2015-1389    Version:
Type: Ordinance Status: Passed Finally
File created: 3/9/2015 In control: Committee on Finance and Law
On agenda: 3/17/2015 Final action: 3/17/2015
Enactment date: 3/17/2015 Enactment #: 7
Effective date: 3/18/2015    
Title: Ordinance supplementing the Pittsburgh Code, Title One, Administrative, Article XI, Personnel, Chapter 192, Pensions, Section 192.22, "Membership", Section 192.23, "Contributions by Members", and Section 192.26, "Pension Allowance", relating to Municipal Benefit Plan No. 2 ("Municipal Benefit Plan No. 2"), to bring such sections into compliance with collective bargaining agreements existing between the City of Pittsburgh and various unions.
Indexes: PGH. CODE ORDINANCES TITLE 01 - ADMINISTRATIVE
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Ordinance supplementing the Pittsburgh Code, Title One, Administrative, Article XI, Personnel, Chapter 192, Pensions, Section 192.22, "Membership", Section 192.23, "Contributions by Members", and Section 192.26, "Pension Allowance", relating to Municipal Benefit Plan No. 2 ("Municipal Benefit Plan No. 2"), to bring such sections into compliance with collective bargaining agreements existing between the City of Pittsburgh and various unions.
 
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WHEREAS, it has been determined that, in regard to City employees who are members of AFSCME AFL-CIO Local 2037, the Pittsburgh Recreational Teachers Union Local 668, AFSCME District Council 84 Local 2719, the Fraternal Association of Professional Paramedics, Teamsters Local Union 249, Service Employees International Union, Local 192-B, and the unions represented by the Joint Collective Bargaining Committee (hereinafter sometimes collectively referred to as "the Unions"), the terms of the respective collective bargaining agreements between the City of Pittsburgh and the Unions are inconsistent with the provisions of Municipal Benefit Plan No. 2; and
 
WHEREAS, the City desires to supplement and amend The Pittsburgh Code, Title One, Article XI, Chapter 192 relating to Municipal Benefit Plan No. 2, in order to remedy such inconsistencies;
 
NOW THEREFORE, be it resolved by the Council of the City of Pittsburgh as follows:
 
Section One:
 
The Pittsburgh Code, Title One, Administrative, Article XI, Personnel, Chapter 192, "Pensions", Section 192.22, "Membership", relating to Municipal Benefit Plan No. 2, is hereby supplemented by adding the following subsections, which read as follows and become effective on the dates indicated respectively:
 
(h)      Members of the Teamsters Local Union 249 shall be a participant in the Municipal Benefit Plan No. 2 after ninety (90) days of service.  Any member of the Teamsters Local Union 249 who fails or refuses to participate in Municipal Benefit Plan No. 2 shall be terminated.
 
      This amendment shall be retroactive to January 1, 2007.
(i)      Members of the Service Employees International Union, Local 192-B hired on or after January 1, 2005, shall not be entitled to membership in Municipal Benefit Plan No. 2 Fund.
 
      This amendment shall be retroactive to January 1, 2010.
 
Section Two:
 
The Pittsburgh Code, Title One, Administrative, Article XI, Personnel, Chapter 192, "Pensions", Section 192.23, "Contributions  by Members", relating to Municipal Benefit Plan No. 2, is hereby supplemented by adding the following subsections, which read as follows and become effective on the dates indicated respectively:
 
(j)       Members of the Teamsters Local Union 249, members of the AFSCME AFL-CIO Local 2037, members of the Pittsburgh Recreational Teachers Union Local 668, members of the AFSCME District Council 84 Local 2719, and members of the unions represented by the Joint Collective Bargaining Committee may, upon completing at least eight (8) years of actual service, purchase a pension credit for up to three (3) years of military service, whether or not such military service interrupted his or her employment with the City.
 
      As to the members of the Teamsters Local Union 249, this amendment shall be retroactive to January 1, 2007.
 
      As to the members of the AFSCME AFL-CIO Local 2037, this amendment shall be retroactive to January 1, 2010.
 
      As to members of the Pittsburgh Recreational Teachers Union Local 668, this amendment shall be retroactive to January 1, 2010.
 
      As to members of the AFSCME AFL-CIO Local 2719, this amendment shall be retroactive to January 1, 2010.
 
      As to members of the unions represented by the Joint Collective Bargaining Committee, this amendment shall be retroactive to January 1, 2012.
 
(k)       Members of Service Employees International Union, Local 192-B and members of the Pittsburgh Recreational Teachers Union Local 668 shall have the option to purchase pension credit for any month they are currently not scheduled to work, provided they have received compensation for the last month prior and the next month following such non-scheduled month.
 
      As to the Service Employees International Union, Local 192-B, this amendment shall be retroactive to January 1, 2010.
 
      As to the Pittsburgh Recreational Teachers Union Local 668, this amendment shall be retroactive to January 1, 2010.
 
Section Three:
 
The Pittsburgh Code, Title One, Administrative, Article XI, Personnel, Chapter 192, "Pensions", Section 192.26, "Pension Allowance", relating to Municipal Benefit Plan No. 2, is hereby supplemented by adding the following subsections, which read as follows and become effective on the dates indicated respectively:
 
(i)      Notwithstanding the provisions of this Section 192.26, the members of the Pittsburgh Recreational Teachers Union Local 668 who elect to retire between January 1, 2012, and December 31, 2016, shall receive those benefits established within the Pension Act of 1975 (Act 87 of 1975, P.L. 169 of 1975, 53 P.S. § 23581, et seq., (the "Pension Act") as modified by Ordinances 13 and 14 of 1987. Any conflict between the provisions of this Section 192.26 and the applicable provisions of the Pension Act, as modified by Ordinances 13 and 14 of 1987 shall be resolved in favor of the Pension Act, as modified by Ordinances 13 and 14 of 1987.
 
 
(j)       Notwithstanding the provisions of this Section 192.26:
(i) The members of unions represented by the Joint Collective Bargaining Committee ("Union Members") who elect to retire between January 1, 2012, and December 31, 2016, shall receive those benefits set forth in the Pension Act, as modified by Ordinance 22 of 2001.  Any conflict between the provisions of this Section 192.26 and the applicable provisions of the Pension Act, as modified by Ordinance 22 of 2001, shall be resolved in favor of the Pension Act, as modified by Ordinance 22 of 2001.
(ii) The Union Members who elect not to receive the pension enhancements of Ordinance 22 of 2001 shall be provided pension benefits set forth in the Pension Act.  Any Union Member hired before December 31, 2006 shall, upon retirement, not be subject to the reduction of his or her pension for Social Security benefits received as provide for in Section 8(4) of the Pension Act and section 192.26(a)(4) of this Chapter 192 (collectively "Social Security Offset").
 
This amendment shall be retroactive to January 1, 2012.
 
 
(k)      Notwithstanding the provisions of this Section 192.26:
 
(i) The members of Service Employees International Union, Local 192-B ("Local 192-B Member") who were members of the Municipal Benefit Plan No. 2 Fund as of December 31, 2004, shall be provided pension benefits as provided by the Pension Act as modified by Ordinances 13 and 14 of 1987. Any conflict between the provisions of this Section 192.26 and the applicable provisions of the Pension Act, as modified by Ordinances 13 and 14 of 1987 shall be resolved in favor of the Pension Act, as modified by Ordinances 13 and 14 of 1987.
 
(ii) Any Local 192-B Member hired before December 31, 2004 shall, upon retirement, not be subject to the reduction of his or her pension by the Social Security Offset.
 
 
      This amendment shall be retroactive to January 1, 2010.
 
(l)      Notwithstanding the provisions of this Section 192.26:
 
(i) Members of Fraternal Association of Professional Paramedics ("Paramedics Union") hired by the City on or before January 1, 2006, shall, upon retirement, not be subject to the reduction of his or her pension by the Social Security Offset. Any member of the Paramedics Union hired after January 1, 2006, shall, upon his retirement, be subject to the reduction of his pension benefit by the Social Security Offset.
 
(ii) Members of the Paramedics Union shall be entitled to retire with full pension benefits at age 55 and there shall be no actuarial reduction for members of the Paramedics Union electing to retire at age 55.
 
(iii) For each member of the Paramedics Union entitled to retire at age 55 with full benefits, the City's general fund shall be required to reimburse the Municipal Pension Fund the cash difference in benefit for each member retiring between ages of 55 and 60, the amount to be reimbursed by the City shall be calculated as the cash difference representing the monthly waived age reduction penalty to age 60.
 
This amendment shall be retroactive to July 1, 2006, being the effective date of the January 1, 2006, agreement between the City and the Paramedics Union.
 
(m)       Notwithstanding the provisions of this Section 192.26:
 
(i) The members of AFSCME District Council 84 Local 2719 ("Local 2719 Members") who elect to retire between January 1, 2010, and December 31, 2014, shall receive those benefits established within the Pension Act.
 
(ii) Local 2719 Members hired on or before December 31, 2004, shall, upon retirement, not be subject to the reduction of his or her pension by the Social Security Offset insofar as the employee applied for that benefit during the open enrollment period.
 
      This amendment shall be retroactive to January 1, 2010.
 
(n)      Notwithstanding the provisions of this Section 192.26:
 
(i) The members of the Pittsburgh Recreational Teachers Union Local 668 ("Local 668 Members') who elect to retire between January 1, 2010, and December 31, 2014, shall receive those benefits established by the Pension Act as modified by Ordinances 13 and 14 of 1987. Any conflict between the provisions of this Section 192.26 and the applicable provisions of the Pension Act, as modified by Ordinances 13 and 14 of 1987 shall be resolved in favor of the Pension Act, as modified by Ordinances 13 and 14 of 1987.
 
(ii) Local 668 Members hired on or before December 31, 2004, shall, upon retirement, not be subject to the reduction of his or her pension by the Social Security Offset insofar as the employee applied for that benefit during the open enrollment period.
 
      This amendment shall be retroactive to January 1, 2010.
 
(0)      Notwithstanding the provisions of this Section 192.26, or the pension sidebar dated November 20, 2001 for the members of AFSCME AFL-CIO Local 2037 ("Local 2037 Members"):
 
(i) Local 2037 Members who elect to retire between January 1, 2010, and December 31, 2014, shall receive those benefits established within the Pension Act.
 
(ii) Local 2037 Members hired on or before December 31, 2004, shall, upon retirement, not be subject to the reduction of his or her pension by the Social Security Offset insofar as the employee applied for that benefit during the open enrollment period.
 
      This amendment shall be retroactive to January 1, 2010.