PRINTER'S NO. 2323

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1854 Session of 1987


        INTRODUCED BY HUTCHINSON, LETTERMAN, PETRARCA, DOMBROWSKI AND
           FEE, OCTOBER 19, 1987

        REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, OCTOBER 19, 1987

                                     AN ACT

     1  Amending the act of June 11, 1968 (P.L.149, No.84), entitled "An
     2     act relating to volunteer firemen's relief associations,
     3     clarifying their purposes and objectives, establishing
     4     criteria and standards for the conduct of their affairs,
     5     providing for their formation, recognition, continuing
     6     operation, and for their dissolution in appropriate
     7     circumstances and the distribution of their funds," further
     8     providing for volunteer firefighters' retirement plans.

     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11     Section 1.  Section 3 of the act of June 11, 1968 (P.L.149,
    12  No.84), known as the Volunteer Firemen's Relief Association Act,
    13  is amended to read:
    14     Section 3.  Statement of Purpose.--The purpose of the
    15  Legislature in enacting this statute is to encourage individuals
    16  to take part in the fire service as volunteer firemen, by
    17  establishing criteria and standards for the orderly
    18  administration and conduct of the affairs of firemen's relief
    19  associations, so as to ensure, as far as circumstances will
    20  reasonably permit, that funds shall be available for the


     1  protection of volunteer firemen and their heirs:
     2     (1)  To provide financial assistance to volunteer firemen who
     3  may suffer injury or misfortune by reason of their participation
     4  in the fire service;
     5     (2)  To provide financial assistance to the widow, children,
     6  and/or other dependents of volunteer firemen who lose their
     7  lives as a result of their participation in the fire service;
     8     (3)  To provide, either by insurance or by the operation of a
     9  beneficial fund, for the payment of a sum certain to the
    10  designated beneficiaries of a participating member in such fund
    11  following the death of such member for any cause, and to
    12  establish criteria which members must meet in order to qualify
    13  as participants in such death benefit fund;
    14     (4)  To provide safeguards for preserving life, health and
    15  safety of volunteer firemen, so as to ensure their availability
    16  to participate in the fire service;
    17     (5)  To provide financial assistance to volunteer firemen
    18  who, after having actively participated in the fire service for
    19  a specified minimum term, are no longer physically able to
    20  continue such participation and are in need of financial
    21  assistance;
    22     (6)  To provide funds to aid the rehabilitation of volunteer
    23  firemen who have suffered an impairment of their physical
    24  capacity to continue to perform their normal occupations; [and]
    25     (6.1)  To provide retirement benefits to current and future
    26  active volunteer firemen upon their separation from active
    27  participation in the fire service on account of attainment of a
    28  designated age or acquisition of credit for a designated period
    29  of service through the establishment and maintenance of a
    30  volunteer firemen's retirement benefit plan; and
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     1     (7)  In any event, to provide sufficient funds to ensure the
     2  efficient and economical handling of the business of the
     3  association in accomplishing the objectives hereinabove set
     4  forth.
     5     Section 2.  The act is amended by adding sections to read:
     6     Section 3.1  Volunteer Firemen's Retirement Benefit Plan
     7  Definitions and Minimum Standards.--As used in section 3(6.1),
     8  this section and sections 3.2 through 3.6, unless the context
     9  clearly indicates otherwise:
    10     (1)  Accrued retirement benefits is the amount of the
    11  retirement benefit which would be payable to a volunteer fireman
    12  if the fireman discontinued volunteer fire service based on the
    13  defined benefit formula in effect or the individual account
    14  balance, whichever is applicable, without reference to a minimum
    15  vesting requirement or normal retirement age requirement.
    16     (2)  Chief administrator of the volunteer firemen's relief
    17  association is the person who has primary responsibility for the
    18  execution of the administrative, business or financial affairs
    19  on behalf of the volunteer firemen's relief association, as
    20  indicated by the factual situation or as designated by the
    21  relief association.
    22     (3)  Defined benefit plan is a retirement benefit plan which
    23  provides a retirement benefit that is definitely determinable
    24  pursuant to the plan document without reference to the amount
    25  contributed to the plan on the participant's behalf or to
    26  income, expenses, gains or losses or forfeitures of other
    27  participants covered by the plan.
    28     (4)  Defined contribution plan is a retirement benefit plan
    29  which provides for an individual account for each participant
    30  and for benefits which are based solely upon the amounts
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     1  allocated to the accounts of participants and upon investment
     2  income, administrative or realized expenses, gains and losses
     3  which may be allocated to those accounts.
     4     (5)  Fair market value is the amount or price which, in all
     5  reasonable probability, on a specified date, would have been
     6  realized through the disposition of an investment in the course
     7  of business by a willing seller to a willing buyer as indicated
     8  in the most recent closing daily results of a national market or
     9  exchange for that type of investment or, if no national market
    10  or exchange exists, the book value or actual purchase price,
    11  whichever is applicable, of the investment.
    12     (6)  Fiduciary is a person who exercises discretionary
    13  authority or control with respect to the administration of the
    14  plan or the management or disposition of plan assets or who
    15  renders investment advice for a fee to the plan.
    16     (7)  Nonforfeitable right is the unconditionally and legally
    17  enforceable entitlement to receive benefits from a retirement
    18  benefit plan attributable to service as a volunteer fireman
    19  participating in the plan.
    20     (8)  Normal retirement age is the earliest age at which a
    21  former volunteer fireman who participated in the retirement
    22  benefit plan and who has an entitlement to receive a retirement
    23  benefit pursuant to the terms of the plan document may receive
    24  that retirement benefit.
    25     (9)  Prior volunteer fire service is the service rendered by
    26  a volunteer fireman to the applicable volunteer fire companies
    27  associated with the volunteer firemen's relief association which
    28  established and maintained the retirement benefit plan prior to
    29  the establishment of that retirement benefit plan.
    30     (10)  Retirement benefit is the amount, at the time of
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     1  retirement, payable or potentially payable to a former volunteer
     2  fireman at or after normal retirement age, which (amount) is
     3  computed pursuant to the applicable formula if the retirement
     4  benefit plan is a defined benefit plan or which (amount) is the
     5  balance of the account of the former volunteer fireman if the
     6  retirement benefit plan is a defined contribution plan.
     7     (11)  Retirement benefit plan is the plan or program
     8  established and maintained by a volunteer firemen's relief
     9  association pursuant to this act to provide retirement benefit
    10  coverage for volunteer firemen of the associated volunteer fire
    11  companies, irrespective of the manner in which the plan is
    12  administered.
    13     (12)  Survivor of a volunteer fireman is the surviving spouse
    14  of the volunteer fireman at the time of the death of the
    15  volunteer fireman, or if none, the natural or adopted children,
    16  including posthumous children, of the volunteer fireman.
    17     (13)  Year of volunteer fire service is the twelve-month
    18  period, which need not be twelve consecutive months, during
    19  which a volunteer fireman who is eligible to participate in the
    20  retirement benefit plan meets the minimum volunteer fire service
    21  requirements established under section 3.6 and meets additional
    22  minimum requirements established by the volunteer firemen's
    23  relief association and during which the minimum obligation of
    24  the volunteer firemen's relief association with respect to the
    25  retirement benefit plan under section 3.5 has been met.
    26     Section 3.2.  Establishment of Volunteer Firemen's Retirement
    27  Benefit Plan.--A volunteer firemen's relief association which
    28  has met the requirements of section 6 may establish and maintain
    29  a retirement benefit plan for the volunteer firemen who are
    30  members of the relief association under this act. No volunteer
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     1  firemen's relief association shall be required, under this act,
     2  to establish a retirement benefit plan. No more than one
     3  retirement benefit plan may be established or maintained by a
     4  single volunteer firemen's relief association.
     5     Section 3.3.  Minimum Participating and Benefit Standards for
     6  Volunteer Firemen's Retirement Benefit Plans.--(a)  A retirement
     7  benefit plan established and maintained under this act by a
     8  volunteer firemen's relief association for volunteer firemen who
     9  are members of the relief association and disbursements made by
    10  a retirement benefit plan shall be governed by the applicable
    11  provisions of this act.
    12     (b)  Eligibility to participate shall be as follows:
    13     (1)  A volunteer firemen's retirement benefit plan must
    14  provide that each volunteer fireman who is a member of the
    15  relief association and who has attained at least twenty-one
    16  years of age and has completed at least one year of fire service
    17  is eligible to participate in the retirement benefit plan.
    18     (2)  If the retirement benefit plan is a defined benefit
    19  plan, the volunteer firemen's relief association may provide for
    20  the exclusion from participation of a volunteer fireman who
    21  initially begins to provide volunteer fire services for the
    22  respective volunteer fire company at an age which is less than
    23  five years prior to the normal retirement age of the retirement
    24  benefit plan.
    25     (3)  A volunteer fireman, at the time of the establishment of
    26  the plan or at the time of the commencement of volunteer fire
    27  services, whichever occurs later, may elect not to participate
    28  in the retirement benefit plan. The election not to participate
    29  must be irrevocable.
    30     (c)  A volunteer fireman shall have a nonforfeitable right to
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     1  a retirement benefit that is not less than a percentage
     2  determined under the following table:
     3             Years of Volunteer      Nonforfeitable
     4                Fire Service           Percentage
     5               Less than five             Zero
     6                Five or more           One hundred
     7  Notwithstanding the preceding table, a participant shall have a
     8  one hundred percent nonforfeitable right to a retirement benefit
     9  upon attainment of normal retirement age under the retirement
    10  benefit plan. A volunteer firemen's relief association may
    11  establish a percentage table that provides for a faster rate of
    12  becoming nonforfeitable in the event of the death or disability
    13  of a volunteer fireman.
    14     (d)  A retirement benefit plan shall provide that a volunteer
    15  fireman who has acquired credit for a sufficient number of years
    16  of volunteer fire service to obtain a nonforfeitable right to
    17  all or a portion of the accrued retirement benefit and who has
    18  terminated volunteer fire service with the applicable volunteer
    19  fire company prior to attaining the applicable normal retirement
    20  age is entitled to a deferred retirement benefit payable upon
    21  application when the former volunteer fireman attains at least
    22  the normal retirement age.
    23     (e)  Retirement benefit amount requirements are as follows:
    24     (1)  A volunteer firemen's retirement benefit plan shall be
    25  subject to maximum retirement benefit requirements as specified
    26  in subclause (i) or (ii), whichever is applicable. In
    27  determining whether the maximum benefit requirements have been
    28  satisfied, all benefits provided under all retirement benefit
    29  plans sponsored by a volunteer fire company, and by a volunteer
    30  firemen's relief association which allocates funds to the
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     1  company under Chapter 7 of the act of December 18, 1984
     2  (P.L.1005, No.205), known as the "Municipal Pension Plan Funding
     3  Standard and Recovery Act," shall be considered as one plan.
     4     (i)  If the volunteer firemen's retirement benefit plan is a
     5  defined benefit plan, the maximum benefit amount payable to a
     6  participating volunteer fireman entitled to a benefit shall be
     7  determined on the basis of an actuarial valuation which takes
     8  into account the age, and other factors as the actuary deems
     9  appropriate, of the eligible participating firemen and the
    10  amount of financing available per active covered fireman. The
    11  maximum retirement benefit under a retirement benefit plan that
    12  is a defined benefit plan shall not exceed twenty dollars per
    13  month for each year of fire service credited under the terms of
    14  the plan.
    15     (ii)  If the volunteer firemen's retirement benefit plan is a
    16  defined contribution plan, the maximum retirement income
    17  contribution, exclusive of any investment earnings, for a
    18  participating fireman shall not exceed two thousand dollars for
    19  each year of fire service.
    20     (2)  A retirement benefit plan shall be funded in accordance
    21  with the provisions of section 3.5 by the volunteer fire company
    22  or the volunteer firemen's relief association.
    23     (3)  Unless otherwise specified by the volunteer firemen's
    24  relief association, all years of volunteer fire service for
    25  retirement benefit amount purposes shall be years of volunteer
    26  fire service completed after the establishment of the retirement
    27  benefit plan and after completion of minimum eligibility
    28  requirements to participate in the retirement benefit plan. If
    29  the volunteer firemen's relief association so specifies, years
    30  of volunteer fire service for retirement benefit amount purposes
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     1  may include up to ten years of volunteer fire service prior to
     2  the establishment of the retirement benefit plan. If the
     3  volunteer firemen's relief association so specifies, the
     4  retirement benefit accrual rate with respect to years of
     5  volunteer fire service rendered prior to establishment of a
     6  retirement benefit plan may be less than the retirement benefit
     7  accrual rate with respect to years of volunteer fire service
     8  rendered after the establishment of a retirement benefit plan. A
     9  retirement benefit plan may be amended after its establishment
    10  to increase or decrease the retirement benefit accrual rate
    11  applicable to volunteer firemen with respect to years of
    12  volunteer fire service completed after the date of that
    13  amendment.
    14     (4)  No volunteer fireman may receive credit for a year of
    15  volunteer fire service in a retirement benefit plan which is a
    16  defined benefit plan if the minimum funding requirements as set
    17  forth in section 3.5 have not been met by the volunteer
    18  firemen's relief association in a timely fashion.
    19     (f)  The volunteer firemen's relief association shall specify
    20  the normal retirement age applicable to a retirement benefit
    21  plan. The normal retirement age shall not be earlier than age
    22  fifty-five. No retirement benefit plan may provide for the
    23  payment of benefits prior to the date on which the person
    24  attains age fifty-five, whether or not the benefits are reduced
    25  to take into account payment before the normal retirement age,
    26  except in the case of the death or disability of the volunteer
    27  fireman. A retirement benefit plan may provide for the payment
    28  of retirement benefits to an actively serving volunteer fireman
    29  who has attained at least the normal retirement age specified in
    30  the retirement benefit plan, but no additional years of
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     1  volunteer fire service may be credited to the volunteer fireman
     2  who is receiving retirement benefits.
     3     (g)  In addition to retirement benefits, a volunteer
     4  fireman's retirement benefit plan may provide for the payment of
     5  benefits in the event of the disability or death of a volunteer
     6  fireman who has become disabled or has died prior to beginning
     7  to receive benefits under a retirement benefit plan. Death
     8  benefits may be either in the form of survivor annuity payments
     9  or lump-sum benefits.
    10     (h)  A retirement benefit payable from a retirement benefit
    11  plan to an individual receiving or entitled to receive a
    12  retirement benefit may not be assigned by the volunteer fireman;
    13  nor shall it be subject to garnishment, judgment, execution or
    14  other legal process other than legally obligated support of
    15  minor children or a spouse.
    16     (i)  Plan assets shall be held in trust by the volunteer
    17  firemen's relief association or by a qualified third party under
    18  contract with the volunteer firemen's relief association for the
    19  purpose of providing benefits to participants and their
    20  beneficiaries in conformance with this act or for the purpose of
    21  defraying the necessary and reasonable expenses of the operation
    22  and administration of the plan. If the retirement benefit plan
    23  and the related trust are not tax qualified within the meaning
    24  of sections 401 and 501 of the Internal Revenue Code of 1986
    25  (Public Law 99-514, 26 U.S.C. §§ 401 and 501), the trust
    26  referred to in this subsection may provide that the assets held
    27  thereunder may be subject to the claims of general creditors, if
    28  any, of the volunteer firemen's relief association or may
    29  contain any other terms and provisions which are necessary to
    30  insure that the participation by a volunteer fireman in the
    19870H1854B2323                 - 10 -

     1  retirement benefit plan does not result in taxable income under
     2  the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C.
     3  § 1 et seq.) prior to the payment of retirement benefits.
     4     (j)  A fiduciary of a retirement benefit plan shall act
     5  solely in the interest of the plan's participants and
     6  beneficiaries. Subject only to the provisions of this act and
     7  the plan document, a fiduciary may accept, hold, invest in and
     8  retain an investment as long as the fiduciary exercises the
     9  degree of judgment and care, under the circumstances then
    10  prevailing, which persons of prudence and intelligence exercise
    11  in the management of their own affairs, not in regard to
    12  speculation but in regard to permanent disposition of their
    13  funds, considering the probable income to be derived and the
    14  probable safety of the capital.
    15     (k)  The volunteer firemen's relief association or the
    16  designated plan administrator, whichever is applicable, shall
    17  provide volunteer firemen who participate in a retirement
    18  benefit plan maintained under this act with a summary of the
    19  plan's provisions, including the plan's provisions relating to
    20  the participation requirements; the rate at which a
    21  nonforfeitable right in plan benefits is obtained and increases;
    22  and the plans's retirement benefit or contribution formula. This
    23  summary shall be provided to each retirement benefit plan
    24  participant within six months from the date on which plan
    25  participation commences. In addition, a material modification to
    26  the plan provisions shall be provided in writing to each
    27  participant within six months after the date the modification is
    28  adopted or the date on which it is effective, whichever is
    29  later. A copy of the plan, the summary of the plan, and relevant
    30  documents related to the funding or investment of the assets of
    19870H1854B2323                 - 11 -

     1  the plan and of contracts or agreements with service providers
     2  to the plan shall be made available for inspection or copying by
     3  a plan participant, a beneficiary or a member of the public at
     4  the office of the volunteer firemen's relief association.
     5     Section 3.4.  Volunteer Firemen's Retirement Benefit Plan
     6  Actuarial Reporting.--(a)  Actuarial reporting shall be as
     7  follows:
     8     (1)  The plan administrator defined in the retirement benefit
     9  plan document or the chief administrator of the volunteer
    10  firemen's relief association, if no plan administrator is
    11  defined in the plan document, shall, every three years, cause
    12  actuarial reporting for the retirement benefit plan to be
    13  prepared and to be provided to the Department of the Auditor
    14  General in conjunction with the routine audits performed under
    15  section 7. A copy of the report shall be submitted to the
    16  governing body or chief elected official of the municipality
    17  where the volunteer fire company is located at the same time the
    18  report is transmitted to the Auditor General. Actuarial
    19  reporting is a public record and shall be made available to
    20  active members or benefit recipients of the retirement benefit
    21  plan. Under a defined benefit plan, the report shall disclose
    22  the actuarial assumptions and methods used in determining
    23  actuarial costs and liabilities.
    24     (2)  The actuarial reporting for retirement benefit plans
    25  which are defined benefit plans shall be pursuant to subsection
    26  (c). The actuarial reporting for retirement benefit plans which
    27  are defined contribution plans shall be pursuant to subsection
    28  (d).
    29     (b)  If a retirement benefit plan fails to comply with this
    30  section, allocation of proceeds of the premium tax on foreign
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     1  fire insurance pursuant to chapter 7 of the act of December 18,
     2  1984 (P.L.1005, No.205), known as the "Municipal Pension Plan
     3  Funding Standard and Recovery Act," otherwise payable with
     4  respect to the relief association or fire company shall be
     5  withheld until compliance occurs.
     6     (c)  The actuarial reporting for a retirement benefit plan,
     7  which is a defined benefit plan, shall be as follows:
     8     (1)  The actuarial reporting shall be prepared and certified
     9  by a certified actuary.
    10     (2)  The actuarial reporting shall be prepared in accordance
    11  with the frozen entry age actuarial cost method with costs
    12  allocated on the basis of future years of fire service of plan
    13  participants. The actuarial cost method shall be used to value
    14  all aspects of the retirement benefit plan. The actuarial
    15  reporting shall use actuarial assumptions which are, in the
    16  judgment of the actuary and the governing body of the plan,
    17  reasonable in the aggregate. The actuarial reporting shall
    18  measure the aspects of the retirement benefit plan in accordance
    19  with modifications in plan benefits which, as of the valuation
    20  date, are known or can reasonably be expected to be in force
    21  during the ensuing year. The actuarial reporting shall contain
    22  (i) an exhibit setting forth the normal cost accrual rate and
    23  the amount for each plan year; (ii) in the case of a retirement
    24  benefit plan that provides for credit for years of fire service
    25  prior to the effective date of the retirement benefit plan for
    26  the purpose of computing the amount of benefits under the plan
    27  or for amendments increasing benefits, a separate statement of
    28  the retirement benefit plan's actuarial accrued liability; (iii)
    29  an exhibit of the total administrative cost of the retirement
    30  benefit plan for the preceding year; (iv) an exhibit summarizing
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     1  the actuarial cost methods and the actuarial assumptions used in
     2  preparation of the actuarial exhibits; (v) an exhibit of the
     3  present value of accumulated plan benefits; (vi) an exhibit of
     4  the assets of the plan at fair market value or, if the assets
     5  are valued differently from fair market value, a statement of
     6  the basis for determining the value of assets for purposes of
     7  this section and section 3.5; (vii) a summary of the pertinent
     8  participant data; and (viii) a summary of the principal
     9  provisions of the benefits of the retirement benefit plan upon
    10  which the actuarial exhibit is based.
    11     (d)  The actuarial reporting for a retirement benefit plan
    12  which is a defined contribution plan shall include the total
    13  balance of any member account applicable to the retirement
    14  benefit plan, the procedures for establishing contribution rates
    15  or requirements, the procedures for allocating amounts to member
    16  accounts and additional relevant information.
    17     Section 3.5.  Volunteer Firemen's Retirement Income Plan
    18  Minimum Funding Standard.--(a)  The plan administrator or chief
    19  administrator of the volunteer firemen's relief association
    20  shall annually determine the financial requirements of the
    21  retirement benefit plan for the following year on the basis of
    22  the most recent actuarial reporting, and shall certify those
    23  requirements to the governing body of the volunteer fire company
    24  or volunteer firemen's relief association which maintains the
    25  retirement benefit plan. The requirements shall be certified no
    26  later than two months prior to the start of the next following
    27  year.
    28     (b)  If the retirement benefit plan is a defined benefit plan
    29  providing monthly benefits for the life of the recipients, the
    30  financial requirement of the retirement benefit plan shall be
    19870H1854B2323                 - 14 -

     1  the normal cost plus, in the case of a defined benefit plan that
     2  provides benefits based on years of fire service prior to the
     3  effective date of the plan, the cost to amortize a liability
     4  attributable to fire service over a period not to exceed ten
     5  years from the plan's effective date or ten years from the date
     6  of an amendment increasing benefits.
     7     (c)  If the retirement benefit plan is a defined benefit plan
     8  allowing lump-sum benefits to recipients, the financial
     9  requirements shall be the greater of the requirements
    10  established in subsection (b) or an amount determined by an
    11  actuary which will provide lump-sum benefits for all
    12  participants retiring during the current year.
    13     (d)  If the retirement benefit plan is a defined contribution
    14  plan, the financial requirements of the retirement benefit plan
    15  shall be determined pursuant to the terms of the retirement
    16  benefit plan or instrument establishing the retirement benefit
    17  plan. The Department of the Auditor General may specify
    18  procedures for determining the financial requirements of
    19  retirement benefit plans to which this subsection is applicable
    20  as need arises if those procedures are consistent with this act.
    21     (e)  The minimum financial requirements of the retirement
    22  benefit plan shall be the obligation of the volunteer fire
    23  company or volunteer firemen's relief association. The minimum
    24  financial requirements of the retirement benefit plan shall be
    25  due no later than twelve months following the start of the year.
    26  An amount of the minimum financial requirements of the
    27  retirement benefit plan which remains unpaid by the volunteer
    28  fire company or volunteer firemen's relief association which
    29  maintains the retirement benefit, as of twelve months after the
    30  date on which the minimum financial requirements are due, shall
    19870H1854B2323                 - 15 -

     1  be added to the minimum financial requirement for the current
     2  year, with interest, until the payment is made at the actuarial
     3  valuation rate. If the amount applicable to the prior year is
     4  not paid by the close of the current year, the retirement
     5  benefit plan shall be liquidated. Upon liquidation of the plan,
     6  the assets shall be allocated among the participants and
     7  beneficiaries of the plan in the following order:
     8     (1)  In the case of benefits payable as an annuity, (i) in
     9  the case of the benefit of a participant or beneficiary which
    10  was in pay status as of the beginning of the three-year period
    11  ending on the date the plan is liquidated, the lowest benefit
    12  based on the provisions of the plan as in effect during the
    13  five-year period ending on the date the plan is liquidated; and
    14  (ii) in the case of a benefit of a participant or beneficiary
    15  other than a benefit described in subclause (i) which
    16  (participant or beneficiary) would have been in pay status as of
    17  the beginning of the three-year period ending on the date the
    18  plan is liquidated if the participant had retired prior to the
    19  beginning of that period, the lowest benefit based on the
    20  provisions of the plan, as in effect during the five-year period
    21  ending on the date the plan is liquidated.
    22     (2)  In the case of other benefits, assets remaining after
    23  the liabilities of the plan to participants and their
    24  beneficiaries have been satisfied may be returned to the
    25  volunteer fire company or the volunteer firemen's relief
    26  association.
    27     (f)  If a retirement benefit plan is liquidated under this
    28  section, the volunteer fire company or the volunteer firemen's
    29  relief association that previously sponsored the plan may not
    30  sponsor a retirement benefit plan described in section 3(6.1)
    19870H1854B2323                 - 16 -

     1  for the period of at least ten years from the date the plan was
     2  liquidated. A plan that is established after the ten-year period
     3  referred to in this subsection may not credit as years of fire
     4  service years during the ten-year period following the
     5  liquidation of the plan.
     6     (g)  Except as provided in this act, a retirement benefit
     7  plan established under this act shall not be subject to Chapters
     8  1 through 6 or 8 of the act of December 18, 1984 (P.L.1005,
     9  No.205), known as the "Municipal Pension Plan Funding Standard
    10  and Recovery Act."
    11     Section 3.6.  Standards for Years of Fire Service.--(a)  A
    12  year of fire service shall be credited under a retirement
    13  benefit plan for each year after the establishment of the plan
    14  in which an active volunteer fireman accumulates at least fifty
    15  points. Points shall be granted in accordance with a system
    16  adopted by the plan sponsor. The system shall provide that
    17  points shall be granted for activities designated by the plan
    18  sponsor. Activities shall be selected from the following:
    19     (1)  Training courses, a maximum of twenty-five points shall
    20  be awarded as follows: (i) courses under twenty hours' duration,
    21  one point per hour, with a maximum of five points; (ii) courses
    22  of twenty to forty-five hours' duration, one point per hour for
    23  each hour over initial twenty hours, with a maximum of ten
    24  points; and (iii) courses over forty-five hours' duration,
    25  fifteen points per course.
    26     (2)  Drills of at least two hours, a maximum of twenty points
    27  shall be awarded, one point per drill (minimum two-hour drill).
    28     (3)  Sleep-in or standby, a maximum of twenty points shall be
    29  awarded for (i) sleep-in, one point each full night; (ii)
    30  standby, which is line-of-duty activity of the volunteer fire
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     1  company, lasting for four hours, not falling under one of the
     2  other categories in this subsection, one point for each four
     3  hours.
     4     (4)  Elected or appointed position, a maximum of twenty-five
     5  points shall be awarded for (i) completion of one-year term in
     6  an elected or appointed position, and (ii) being elected, as an
     7  active volunteer fireman, to serve as a delegate to a firemen's
     8  convention, at the rate of one point per meeting.
     9     (5)  Attendance at meetings, a maximum of twenty points shall
    10  be awarded for attendance at an official meeting of the
    11  volunteer fire company, at the rate of one point per meeting.
    12     (6)  Participation in department responses, fifteen points
    13  for responding on the minimum number of calls shall be awarded
    14  as outlined below:
    15         Total number of calls           Minimum number of calls
    16         volunteer fire company          volunteer fireman must
    17         responds to annually            run annually in order
    18         other than emergency            to receive fifteen
    19         rescue and first aid            points credit
    20         squad calls (ambulance
    21         calls)
    22              0   to   500                  10%
    23            500   to  1000                   7.5%
    24           1000   to  1500                   5%
    25           1500 and up                       2.5%
    26         Total number of calls           Minimum number of calls
    27         emergency rescue and            volunteer fireman must
    28         first aid squad                 run annually in order
    29         (ambulance) responds            receive fifteen
    30         to annually                     points credit
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     1              0   to   500                  10%
     2            500   to  1000                   7.5%
     3           1000   to  1500                   5%
     4           1500 and up                       2.5%
     5     (7) Miscellaneous activities, a maximum of fifteen points
     6  shall be awarded for participation in inspections and other
     7  activities covered by the act of July 15, 1976 (P.L.1036,
     8  No.208), known as the "Volunteer Fire Company, Ambulance Service
     9  and Rescue Squad Assistance Act," and not otherwise listed at
    10  the rate of one point per activity.
    11     (b)  The plan sponsor may designate less than all the
    12  activities specified in subsection (a) as activities for which
    13  points may be earned.
    14     Section 3.  Section 6(e) of the act is amended by adding a
    15  clause to read:
    16     Section 6.  * * *
    17     (e)  The funds of any volunteer firemen's relief association
    18  may be spent:
    19     * * *
    20     (13)  To establish and maintain a retirement benefit plan as
    21  defined in section 3.1. Prior to the establishment of a
    22  retirement benefit plan under this clause, the volunteer
    23  firemen's relief association shall provide the following minimum
    24  benefits: an accidental death benefit of thirty thousand dollars
    25  and a weekly disability income benefit of one hundred dollars
    26  for accidental deaths and disabilities suffered by member
    27  volunteer firemen and resulting from the performance of their
    28  duties with a volunteer fire company.
    29     Section 4.  Section 7(a) of the act is amended to read:
    30     Section 7.  Audits.--(a)  The Department of the Auditor
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     1  General shall have the power, and its duty shall be, to audit
     2  the accounts and records of every volunteer firemen's relief
     3  association receiving any money under [the act of June 28, 1895
     4  (P.L.408), as amended,] Chapter 7 of the act of December 18,
     5  1984 (P.L.1005, No.205), known as the "Municipal Pension Plan
     6  Funding Standard and Recovery Act," as far as may be necessary
     7  to satisfy the department that the money received was expended
     8  or is being expended for no purpose other than that authorized
     9  by this act. Copies of all such audits shall be furnished to the
    10  Governor. Audits shall include expenditures relating to
    11  retirement benefit plans either solely or partially funded by
    12  funds obtained under the "Municipal Pension Plan Funding
    13  Standard and Recovery Act."
    14     * * *
    15     Section 5.  This act shall take effect immediately.










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