PRINTER'S NO. 2893
No. 2122 Session of 1986
INTRODUCED BY MOWERY AND A. C. FOSTER, JR., FEBRUARY 11, 1986
REFERRED TO COMMITTEE ON URBAN AFFAIRS, FEBRUARY 11, 1986
AN ACT 1 Amending the act of June 23, 1931 (P.L.932, No.317), entitled 2 "An act relating to cities of the third class; and amending, 3 revising, and consolidating the law relating thereto," 4 further providing for payments into certain pension funds. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Section 4301 of the act of June 23, 1931 8 (P.L.932, No.317), known as The Third Class City Code, reenacted 9 and amended June 28, 1951 (P.L.662, No.164) and amended October 10 4, 1978 (P.L.950, No.188), is amended to read: 11 Section 4301. Police Pension Fund; Direction of.--[Cities] 12 (a) Each city shall establish, by ordinance, a police pension 13 fund[, to]. 14 (b) The police pension fund shall be maintained by an equal 15 and proportionate monthly charge against each member of the 16 police force, which, except to the extent that subsection (c) of 17 section 607 of the act of December 18, 1984 (P.L.1005, No.205), 18 known as the "Municipal Pension Plan Funding Standard and 19 Recovery Act," applies, shall not exceed annually four per
1 centum of the pay of such member and an additional amount not to 2 exceed one per centum of the pay of such member to be paid by 3 such member or the municipal corporation to provide sufficient 4 funds for payments required by subsection (d) of section 4303 to 5 surviving spouses or if no spouse survives or if such person 6 survives and subsequently dies or remarries, then to the child 7 or children under the age of eighteen years, of members of the 8 police force or of members retired on pension or who die in 9 service[; which]. 10 (c) The police pension fund shall at all times be under the 11 direction and control of council but may be committed to the 12 custody and management of such officers of the city or citizens 13 thereof, or corporations located therein, as may be designated 14 by council, and applied, under such regulations as council may, 15 by ordinance, prescribe, for the benefit of such members of the 16 police force as shall receive honorable discharge therefrom by 17 reason of age or disability, surviving spouses or if no spouse 18 survives or if such person survives and subsequently dies or 19 remarries, then to the child or children under the age of 20 eighteen years, of members of the police force or of members 21 retired on pension[; but such]. 22 (d) All allowances as shall be made to those who are retired 23 by reason of the disabilities of age shall be in conformity with 24 a uniform scale, together with service increments as hereinafter 25 provided. 26 (e) Any compensation paid to a corporate custodian of the 27 police pension fund shall be paid from the general fund of the 28 city. 29 Section 2. Section 4303(b)(2) of the act, added January 18, 30 1952 (1951 P.L.2105, No.596), is amended to read: 19860H2122B2893 - 2 -
1 Section 4303. Allowances and Service Increments.--* * * 2 (b) In addition to the retirement allowance which is 3 authorized to be paid from the police pension fund by this act, 4 and notwithstanding the limitations therein placed upon such 5 retirement allowances and upon contributions, every contributor 6 who shall become entitled to the retirement allowance shall also 7 be entitled to the payment of a "service increment" in 8 accordance with and subject to the conditions hereinafter set 9 forth. 10 * * * 11 (2) [Each] Except to the extent that subsection (c) of 12 section 607 of the act of December 18, 1984 (P.L.1005, No.205), 13 known as the "Municipal Pension Plan Funding Standard and 14 Recovery Act," applies, each contributor, from and after the 15 effective date of this amendment, shall pay into the retirement 16 fund a monthly sum in addition to his or her retirement 17 contribution, which shall be equal to one-half of one per centum 18 of his or her salary: Provided, That such payment shall not 19 exceed the sum of one dollar ($1.00) per month: And provided, 20 That such service increment contribution shall not be paid after 21 a contributor has reached the age of sixty-five years. 22 * * * 23 Section 3. Sections 4305, 4320, 4322(b), 4324 and 4344 of 24 the act, amended October 4, 1978 (P.L.950, No.188), are amended 25 to read: 26 Section 4305. Payments to Pension Funds by City.--There 27 shall be paid by the city annually to the organization or 28 association, constituting and having in charge the distribution 29 of police pension funds in every city, a sum of money sufficient 30 to meet the [requirements of and to maintain such police pension 19860H2122B2893 - 3 -
1 fund which sum in no year shall be less than one-half of one per 2 centum nor more than three per centum of all city taxes levied 3 by the city, other than taxes levied to pay interest on or 4 extinguish the debt of the city or any part thereof. Council may 5 exceed the limitations imposed by this section if an additional 6 amount is deemed necessary to provide sufficient funds for 7 payments to surviving spouses of members retired on pension or 8 killed or who die in the service: Provided, however, That the 9 city may annually pay into said fund not less than one-half of 10 one per centum of all city taxes levied by the city, other than 11 taxes levied to pay interest on or extinguish the debt of the 12 city or any part thereof.] minimum obligation of the 13 municipality with respect to the pension plan pursuant to the 14 act of December 18, 1984 (P.L.1005, No.205), known as the 15 "Municipal Pension Plan Funding Standard and Recovery Act." 16 Section 4320. Firemen's Pension Fund; Management; Annuity 17 Contracts.--(a) Except as hereinafter provided, cities shall 18 provide annuity contracts or establish, by ordinance, a 19 firemen's pension fund[, to]. 20 (b) The firemen's pension fund shall be maintained in part 21 by an equal and proportionate monthly charge against each member 22 of the fire department, which, except to the extent that 23 subsection (c) of section 607 of the act of December 18, 1984 24 (P.L.1005, No.205), known as the "Municipal Pension Plan Funding 25 Standard and Recovery Act," applies, shall not exceed annually 26 four per centum of the pay of such member, and an additional 27 amount not to exceed one per centum if deemed necessary by the 28 council to provide sufficient funds for payments to surviving 29 spouses of members retired on pension or killed or who die in 30 the service. 19860H2122B2893 - 4 -
1 (c) In any case where there is an existing organization or 2 association for the benefit of fully paid firemen, constituting 3 and having in charge the distribution of firemen's pension 4 funds, no annuity contract shall be provided, nor shall any 5 firemen's pension funds be established under the provisions of 6 this section unless and until the members of such organization 7 or association, by a two-thirds vote, elect to transfer said 8 existing fund into the pension fund required to be established 9 by this section. 10 [All pension funds] (d) Any firemen's pension fund 11 established under the provisions of this section shall be under 12 the direction and control of a board of managers consisting of 13 the mayor, the director of accounts and finance, the director of 14 the department having charge of the fire department, or in 15 cities where the mayor is also the director of the department 16 having charge, of the fire department, then the director of 17 public safety, the city controller and the chief of the bureau 18 of fire, ex officio, and two members of the fire department to 19 be chosen by the members of the fire department. Of the first 20 managers so chosen by the members of the fire department one 21 shall be chosen for a term of two years and one for a term of 22 four years. Biennially thereafter one manager shall be chosen 23 for a term of four years to take the place of the one whose term 24 expires. In case of vacancy among the managers chosen by the 25 fire department, a successor shall be chosen for the unexpired 26 term. The fund shall be applied, under such regulations as the 27 board of managers shall prescribe, for the benefit of such 28 members of the fire department as shall receive honorable 29 discharge therefrom by reason of service or age or disability, 30 surviving spouses of retired members and the families of such as 19860H2122B2893 - 5 -
1 may be killed or who die in the service. 2 (e) All such pensions as shall be allowed to those who are 3 retired by reason of the disabilities or of service or age shall 4 be in conformity with a uniform scale, together with service 5 increments as hereinafter provided. Benefits allowed from such 6 fund to families of such as are killed or who die in service 7 shall take into consideration the member's surviving spouse and 8 his minor children under eighteen years of age, if any survive. 9 Section 4322. Pensions and Service Increments.--* * * 10 (b) In addition to the pension which is authorized to be 11 paid from the firemen's pension fund by this act and 12 notwithstanding the limitations therein placed upon such 13 pensions and upon contributions, every contributor who shall 14 become entitled to the pension shall also be entitled to the 15 payment of a "service increment" in accordance with and subject 16 to the conditions hereinafter set forth. 17 (1) Service increment shall be the sum obtained by computing 18 the number of whole years after having served the minimum 19 required by this act during which a contributor has been 20 employed by such city and paid out of the city treasury, 21 including credit for military service as provided in section 22 4321, and multiplying the said number of years so computed by an 23 amount equal to one-fortieth of the retirement allowance which 24 has become payable to such contributor in accordance with the 25 provisions of this act. In computing the service increment, no 26 employment after the contributor has reached the age of sixty- 27 five years shall be included, and no service increment shall be 28 paid in excess of one hundred dollars ($100) per month. 29 (2) [Each] Except to the extent that subsection (c) of 30 section 607 of the act of December 18, 1984 (P.L.1005, No.205), 19860H2122B2893 - 6 -
1 known as the "Municipal Pension Plan Funding Standard and 2 Recovery Act," applies, each contributor, from and after the 3 effective date of this amendment, shall pay into the pension 4 fund a monthly sum in addition to his pension contribution, 5 which shall not exceed the sum of one dollar ($1) per month: And 6 provided, That such service increment contribution shall not be 7 paid after a contributor has reached the age of sixty-five 8 years. 9 (3) Any person who is a member of the department on the 10 effective date of this amendment who has already reached the age 11 of sixty-five years shall have his service increment computed on 12 the years of employment prior to the date of reaching his sixty- 13 fifth birthday. 14 (4) Service increment contributions shall be paid at the 15 same time and in the same manner as pensions, and may be 16 withdrawn in full, without interest, by persons who leave the 17 employment of such city, subject to the same conditions by which 18 retirement contributions may be withdrawn, or by persons who 19 retire before becoming entitled to any service increment. 20 (5) All members of the fire department who are now 21 contributors to the pension fund and all those employed by the 22 city after the effective date of this amendment, if required to 23 become contributors to the pension fund, shall be subject to the 24 provisions of this act. 25 Section 4324. Payments to Firemen's Pension Funds by City.-- 26 There shall be paid to the firemen's pension funds by every city 27 annually [the sum of money not less than one-half of one per 28 centum nor more than three per centum of all city taxes levied 29 by the city, other than taxes levied to pay interest on or 30 extinguish the debt of the city or any part thereof. Council may 19860H2122B2893 - 7 -
1 exceed the limitations imposed by this section if an additional 2 amount is deemed necessary to provide sufficient funds for 3 payments to surviving spouses of members retired on pension or 4 killed or who die in the service: Provided, however, That the 5 city shall annually pay into said fund not less than one-half of 6 one per centum of all city taxes levied by the city, other than 7 taxes levied to pay interest on or extinguish the debt of the 8 city or any part thereof.] an amount sufficient to meet the 9 minimum obligation of the municipality with respect to the 10 pension plan pursuant to the act of December 18, 1984 (P.L.1005, 11 No.205), known as the "Municipal Pension Plan Funding Standard 12 and Recovery Act." 13 Section 4344. Amount of Payments into Fund; Repayment before 14 Retirement.--The employes of any city, creating such pension 15 fund and pension board, except to the extent that subsection (c) 16 of section 607 of the act of December 18, 1984 (P.L.1005, 17 No.205), known as the "Municipal Pension Plan Funding Standard 18 and Recovery Act," applies, shall pay into the board of pensions 19 monthly an amount equal to two per centum of their monthly 20 salaries or wages, and if council elects, by ordinance, to make 21 such payments, an additional amount not to exceed one per centum 22 if deemed necessary by council to provide sufficient funds for 23 payments to the surviving spouses of members who were retired on 24 pension or killed in the service, which shall be applied to the 25 purposes of the fund. Payment of the monthly amount or 26 contribution herein mentioned shall cease and be discontinued at 27 the time the beneficiary receives the pension herein provided. 28 If for any cause any employe contributing to the pension fund 29 shall cease to be an employe of the city before the said employe 30 becomes entitled to a pension, the total amount of the 19860H2122B2893 - 8 -
1 contributions paid into the pension fund by such employe shall 2 be refunded to him or her in full, without interest. If any such 3 employe shall have returned to him or her the amount contributed 4 as aforesaid, and shall afterward reenter the employ of the 5 city, said employe shall not be entitled to the pension 6 designated until twenty years after said reemployment, unless he 7 or she shall return to the pension fund the amount withdrawn, in 8 which event that period of twenty years shall be computed from 9 the time said employe first enters the service of the city. In 10 the event of the death of any such employe, before the said 11 employe becomes entitled to the pension aforesaid, the said 12 total amount of contributions paid into the pension fund by said 13 employe shall be paid over to the estate of said deceased 14 employe. 15 Section 4. Section 4344.1 of the act, amended July 21, 1959 16 (P.L.553, No.169), is amended to read: 17 Section 4344.1. Determination of Liability Upon Extension of 18 Social Security.--Where a city has entered into an agreement 19 with the Commonwealth to place its employes under the Federal 20 Social Security Act, the pension board shall appoint an actuary, 21 and may fix his compensation. The actuary shall [determine the 22 present value of the liability on account of pensions payable 23 under the provisions of section 4343 of this act to employes who 24 are members of the system on the effective date of the 25 agreement, and shall offset the value of any assets in the 26 pension fund to determine the unfunded liability. The city may 27 make such payments as it desires toward the unfunded liability 28 until the accumulated reserve equals the present value of the 29 liability. The actuary shall also determine the amount which 30 shall be contributed, annually, into the fund on account of 19860H2122B2893 - 9 -
1 service of all new and original members subsequent to the 2 effective date of the agreement.] assist the chief 3 administrative officer of the city in the preparation of the 4 periodic actuarial valuation reports pursuant to Chapter 2 of 5 the act of December 18, 1984 (P.L.1005, No.205), known as the 6 "Municipal Pension Plan Funding Standard and Recovery Act." 7 [Employes] Except to the extent that subsection (c) of 8 section 607 of the "Municipal Pension Plan Funding Standard and 9 Recovery Act," applies, employes shall pay into the board of 10 pensions, monthly, an amount equal to three and one-half per 11 centum of that portion of monthly compensation on which social 12 security allowances are payable and five per centum of any 13 monthly compensation in excess of that on which social security 14 allowances are payable. The remainder of the needed annual 15 contribution for service subsequent to the date of the 16 agreement, as determined by the actuary, shall become the 17 obligation of the city, and shall be paid by it to the board of 18 pensions by annual appropriations. The provisions of this 19 section shall, in all applicable cases, supersede the provisions 20 relating to contributions in section 4344 and section 4348 of 21 this act. 22 Section 5. Section 4348 of the act, amended August 17, 1951 23 (P.L.1251, No.292), is amended to read: 24 Section 4348. Appropriations and Contributions to Fund.--The 25 council [may] shall annually set aside, apportion, and 26 appropriate, out of all taxes and income of such city, unto the 27 board of pensions, a sum sufficient to [maintain the pensions or 28 compensations due hereunder on account of the city 29 contributions] meet the minimum obligation of the municipality 30 with respect to the pension plan pursuant to the act of December 19860H2122B2893 - 10 -
1 18, 1984 (P.L.1005, No.205), known as the "Municipal Pension 2 Plan Funding Standard and Recovery Act," for all employes except 3 volunteer firemen. On account of volunteer firemen who become 4 members of the pension fund, the board of trustees of the 5 volunteer fire company employing and paying them shall annually 6 contribute to the board of pensions a sum equal to the same 7 percentage of its participating payroll as the amount 8 contributed by the city for the same year bears to its 9 participating payroll. 10 Section 6. This act shall take effect immediately. A9L11RLC/19860H2122B2893 - 11 -