PRINTER'S NO. 4387
No. 2886 Session of 2002
INTRODUCED BY NICKOL, CAPPELLI, M. COHEN, CORNELL, DALLY,
FLEAGLE, GEORGE, HARHART, HORSEY, R. MILLER, PISTELLA,
SAYLOR, SCHULER, STERN, STETLER, E. Z. TAYLOR, WATSON AND
WILT, OCTOBER 2, 2002
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, OCTOBER 2, 2002
AN ACT
1 Amending Title 53 (Municipalities Generally) of the Pennsylvania
2 Consolidated Statutes, providing for a defined contribution
3 plan for tax collectors.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 53 of the Pennsylvania Consolidated
7 Statutes is amended by adding a part to read:
8 Part VI
9 DEFINED CONTRIBUTION PLAN FOR PENNSYLVANIA
10 TAX COLLECTORS
11 Chapter
12 61. Preliminary Provisions
13 63. Establishment of Plan
14 65. Participation and Eligibility for Benefits
15 67. Administration, Funds, Accounts and General Provisions
16 CHAPTER 61
17 PRELIMINARY PROVISIONS
1 Sec.
2 6101. Short title.
3 6102. Definitions.
4 § 6101. Short title.
5 This part shall be known and may be cited as the Pennsylvania
6 Tax Collectors Retirement Code.
7 § 6102. Definitions.
8 The following words and phrases when used in this part shall
9 have the meanings given to them in this section unless the
10 context clearly indicates otherwise:
11 "Alternate payee." Any spouse, former spouse, child or
12 dependent of a participant who is recognized by a domestic
13 relations order as having a right to receive all or a portion of
14 the moneys payable to that participant under this part.
15 "Approved domestic relations order." Any domestic relations
16 order that has been approved in accordance with section 6753
17 (relating to approval of domestic relations orders).
18 "Beneficiary." The person or persons last designated in
19 writing to the board by a participant to receive payments upon
20 the death of such participant regardless of whether such
21 payments are as a lump sum benefit, as an annuity or a
22 combination of both.
23 "Board." The Pennsylvania Municipal Retirement Board
24 established pursuant to section 103 of the act of February 1,
25 1974 (P.L.34, No.15), known as the Pennsylvania Municipal
26 Retirement Law.
27 "Compensation." Payment received as a tax collector from a
28 municipality or school district, including, but not limited to,
29 salary, fees, per bill amounts or commissions.
30 "Distribution." Payment of all or any portion of a person's
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1 interest in the Pennsylvania Tax Collectors Retirement Plan
2 which is payable under this part.
3 "Domestic relations order." Any judgment, decree or order,
4 including approval of a property settlement agreement, entered
5 on or after the effective date of this part by a court of
6 competent jurisdiction pursuant to a domestic relations law
7 which relates to the marital property rights of the spouse or
8 former spouse of a participant, including the right to receive
9 all or a portion of the moneys payable to that participant under
10 this part in furtherance of the equitable distribution of
11 marital assets. The term includes order of support as defined by
12 23 Pa.C.S. § 4302 (relating to definitions) and orders for the
13 enforcement of arrearages as provided in 23 Pa.C.S. § 3703
14 (relating to enforcement of arrearages).
15 "Elected tax collector." Any individual who is elected to
16 the office of tax collector for any municipality within this
17 Commonwealth, including any individual appointed to a vacancy as
18 tax collector until an election is held to fill the office.
19 "Fund." The Pennsylvania Tax Collectors Retirement Fund.
20 "IRC." The Internal Revenue Code of 1986, as designated and
21 referred to in section 2 of the Tax Reform Act of 1986 (Public
22 Law 99-514, 100 Stat. 2085, 2095). A reference in this part to
23 "IRC § XXX" shall be deemed to refer to the identically numbered
24 section and subsection or other subdivision of such section in
25 26 United States Code (relating to Internal Revenue Code).
26 References in this part to provisions of the IRC, including
27 administrative regulations promulgated pursuant to it, are
28 intended to include such laws and regulations as in effect on
29 the effective date of this part and as they may hereafter be
30 amended or supplemented or supplanted by successor provisions.
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1 "Irrevocable beneficiary." The person permanently designated
2 by a participant in writing to the Pennsylvania Municipal
3 Retirement Board pursuant to an approved domestic relations
4 order to receive all or a portion of the distributions payable
5 upon the death of such participant.
6 "Municipality." A city, borough, town, township, county or
7 county institution district.
8 "Retirement plan." The Pennsylvania Tax Collectors
9 Retirement Plan as authorized by the provisions of this part and
10 established by the Pennsylvania Municipal Retirement Board.
11 "Tax collector." Any individual who is an elected tax
12 collector of and paid directly by any municipality or school
13 district within this Commonwealth, excluding:
14 (1) Any individual who annually receives less than
15 $12,500 in compensation as an elected tax collector, unless
16 such individual makes an election to participate in the plan
17 established by this part.
18 (2) Any individual who is employed by either a tax
19 collector or any entity other than a municipality or school
20 district for the collection of taxes.
21 (3) Any individual who has retirement coverage based on
22 compensation earned as a tax collector in a retirement plan
23 that is established or maintained by a municipality or school
24 district for its employees.
25 The Pennsylvania Municipal Retirement Board shall make the final
26 determination of who is a tax collector.
27 CHAPTER 63
28 ESTABLISHMENT OF PLAN
29 Sec.
30 6301. Establishment of plan.
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1 6302. Powers and duties of the Pennsylvania Municipal
2 Retirement Board.
3 6303. Tax qualification.
4 § 6301. Establishment of plan.
5 The board may establish a qualified defined contribution plan
6 pursuant to IRC § 401 for tax collectors. Any qualified defined
7 contribution plan established for tax collectors shall be
8 established by the board.
9 § 6302. Powers and duties of the Pennsylvania Municipal
10 Retirement Board.
11 In order to establish and administer a qualified defined
12 contribution plan, the powers and duties of the board shall
13 include, but not be limited to:
14 (1) Entering into written agreements with one or more
15 financial or other organizations to administer the qualified
16 defined contribution plan for tax collectors and to invest
17 funds held pursuant to such plan.
18 (2) Promulgating rules and regulations establishing
19 procedures arranging for a deduction from the compensation of
20 eligible individuals of the amounts to be contributed to the
21 retirement plan.
22 (3) Establishing standards or criteria for the selection
23 by the board of financial institutions, insurance companies
24 or other organizations which may be qualified as managers on
25 behalf of the board of funds contributed to the plan on
26 behalf of any participant.
27 (4) Establishing standards and criteria for the
28 providing of options to participants concerning the method of
29 investing amounts contributed under the retirement plan and
30 of informing participants of specific options offered by
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1 qualified managers.
2 (5) Establishing standards and criteria for the
3 disclosure to eligible individuals of the anticipated and
4 actual income attributable to such amounts, property and
5 rights and all fees, costs and charges to be made against
6 such amounts contributed to cover the costs of administering
7 and managing the funds and the retirement plan.
8 (6) Making an annual review of any qualified fund
9 manager for the purpose of making certain it continues to
10 meet all standards and criteria established.
11 (7) Establishing procedures in the retirement plan where
12 any tax collector may:
13 (i) Change investment choices on a periodic basis.
14 (ii) Withdraw defined contributions, subject to any
15 investment earnings or losses and fees in cases of
16 separation of such individual from service as a tax
17 collector.
18 (iii) Dispose of a participant's account pursuant to
19 a domestic relations order unless in conflict with the
20 provisions of IRC § 401.
21 (iv) Designate one or more beneficiaries to receive
22 benefits after his or her death.
23 These procedures may include, but are not limited to, the
24 method, amount and timing of distributions to participants and
25 beneficiaries, payment of administrative expenses, payment
26 procedures if the beneficiary designated by a participant should
27 predecease him, or if a valid nomination of a beneficiary is not
28 in effect at the participant's death, the establishment of life
29 expectancy tables and interest rates to determine actuarial
30 equivalence for the calculation and payment of distributions,
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1 the methods and rules regarding filing documents with the board
2 or plan, how to vest a benefit if a participant chooses not to
3 receive a distribution immediately upon termination of tax
4 collector service and whether to accept eligible rollovers and
5 trustee-to-trustee transfers from other qualified plans and
6 under what conditions.
7 § 6303. Tax qualification.
8 The qualified defined contribution plan established pursuant
9 to this part and any written agreement to administer the savings
10 plan shall conform with IRC § 401 and any other provision of the
11 IRC applicable to the plan and shall be administered in
12 compliance with IRC § 401 and any other provisions of the IRC.
13 This part shall be construed and administered in such a manner
14 that the retirement plan will satisfy the requirements to
15 qualify as a qualified pension plan under the IRC.
16 CHAPTER 65
17 PARTICIPATION AND ELIGIBILITY FOR BENEFITS
18 Sec.
19 6501. Mandatory participation.
20 6502. Mandatory contributions.
21 6503. Eligibility for distributions.
22 6504. Eligibility for vesting.
23 6505. Payments under other laws.
24 § 6501. Mandatory participation.
25 Participation in the retirement plan shall be mandatory on
26 the effective date of this part for all tax collectors.
27 § 6502. Mandatory contributions.
28 Tax collectors shall contribute to the plan 7.5% of their
29 compensation as a tax collector through mandatory payroll
30 deductions which the municipality or school district shall make
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1 to the plan on behalf of the tax collector. The contributions
2 shall be considered tax deferred contributions which shall be
3 picked up by the municipality or school district in accordance
4 with IRC § 414(h).
5 § 6503. Eligibility for distributions.
6 Any tax collector participating in the retirement plan who
7 terminates tax collector service shall be entitled to receive
8 distributions as set forth in the retirement plan.
9 § 6504. Eligibility for vesting.
10 Participants in the retirement plan shall immediately be
11 vested in any funds credited to their account as set forth in
12 the retirement plan.
13 § 6505. Payments under other laws.
14 No payment provided for in this part shall be reduced on
15 account of any other benefits, now or hereafter provided for,
16 under any workmen's compensation law or any other law, except as
17 otherwise herein provided.
18 CHAPTER 67
19 ADMINISTRATION, FUNDS, ACCOUNTS AND
20 GENERAL PROVISIONS
21 SUBCHAPTER A
22 ADMINISTRATION
23 Sec.
24 6701. The Pennsylvania Municipal Retirement Board.
25 6702. Administrative duties of board.
26 6703. Duties of municipalities and school districts.
27 6704. Management of fund and accounts.
28 § 6701. The Pennsylvania Municipal Retirement Board.
29 (a) Oath of office.--The board shall take an oath of office
30 in addition to the oath taken pursuant to section 103 of the act
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1 of February 1, 1974 (P.L.34, No.15), known as the Pennsylvania
2 Municipal Retirement Law, which shall include that he will
3 diligently and honestly administer the affairs of the board
4 regarding the administration of the retirement plan and that he
5 will not knowingly violate or willfully permit the violation of
6 any of the provisions of law applicable to this part.
7 (b) Corporate power and legal advisor.--For purposes of this
8 part, the board shall possess the power and privileges of a
9 corporation. The General Counsel of the Commonwealth shall be
10 the legal advisor of the board in its establishment and
11 administration of the retirement plan.
12 § 6702. Administrative duties of board.
13 (a) Employees.--The secretary and other officers and
14 employees of the board shall have, in addition to the powers and
15 authority granted to them under this title and other laws the
16 same powers and authority as necessary to administer this part
17 and the retirement plan established pursuant to it.
18 (b) Professional personnel.--The board may contract for the
19 services of an actuary, investment advisors, consultants and any
20 other professional personnel it deems advisable.
21 (c) Records.--The board shall keep a record of all its
22 proceedings under this part which shall be open to inspection by
23 the public.
24 (d) Functions.--The board shall perform any other functions
25 as are required for the execution of the provisions of this
26 part.
27 (e) Performance of duties of municipalities and school
28 districts.--In the event the municipality or school district
29 fails to comply with the procedures as mandated in section 6703
30 (relating to duties of municipalities and school districts), the
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1 board shall perform the duties and charge the municipality or
2 school district for the cost of the performance.
3 § 6703. Duties of municipalities and school districts.
4 (a) Status of participants.--The municipality or school
5 district shall, at the end of each pay period, notify the board
6 or its designee of the date of all removals from the payroll and
7 the reasons for doing so.
8 (b) Records and information.--At any time at the request of
9 the board and at termination of service of a participant, the
10 municipality or school district shall furnish such information
11 as the board may require and shall maintain and preserve such
12 records as the board may direct for the expeditious discharge of
13 its duties.
14 § 6704. Management of fund and accounts.
15 (a) Control and management of fund.--The members of the
16 board shall be the trustees of the retirement plan and fund. All
17 assets and income which have been or shall be withheld by the
18 municipality or school district in accordance with this section
19 shall be held in trust in any funding vehicle permitted by IRC §
20 401 for the exclusive benefit of the retirement plan
21 participants and their beneficiaries until such time as the
22 funds are distributed to the participant or his beneficiary. All
23 assets and income shall be held in trust pursuant to this
24 subsection in a special fund created within the State Treasury
25 named the Pennsylvania Tax Collectors Retirement Fund of which
26 the State Treasurer shall be custodian. The defined contribution
27 plan shall exist separate from the Pennsylvania Municipal
28 Retirement Fund.
29 (b) Timely investments.--Investment of defined contributions
30 funds by any corporation, institution, insurance company or
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1 custodial bank which the board has approved shall not be
2 unreasonably delayed and in no case shall the investment of
3 contributions be delayed more than 30 days from the date of
4 payroll deduction. Any interest earned on such funds pending
5 investment shall be allocated to the fund and credited to the
6 accounts of the tax collectors who are then participating in the
7 retirement plan unless such interest is used to defray
8 administrative costs and fees which would otherwise be required
9 to be borne by the tax collectors who are then participating in
10 the retirement plan.
11 (c) Payments from fund.--All payments from the fund shall be
12 made by the State Treasurer in accordance with requisitions
13 signed by the secretary of the board or his designee.
14 (d) Fiduciary status of board.--The members, employees and
15 agents of the board shall stand in a fiduciary relationship to
16 the participants of the retirement plan regarding the
17 investments and disbursements of any of the moneys of the fund
18 and shall not profit either directly or indirectly with respect
19 thereto.
20 (e) Name for transacting business.--The business of the
21 retirement plan shall be transacted, its fund invested, all
22 requisitions for money drawn and payments made and all of its
23 cash and securities and other property shall be held in the name
24 of the Pennsylvania Tax Collectors Retirement Fund. Except that
25 notwithstanding any other law, the board may establish a nominee
26 registration procedure for the purpose of registering securities
27 in order to facilitate the purchase, sale or other disposition
28 of securities pursuant to the provisions of this part.
29 (f) Legislative declaration concerning certain authorized
30 investments.--The General Assembly finds and declares that
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1 authorized investments of the fund made by or on behalf of the
2 board under this section wherein the board becomes a joint owner
3 or stockholder in any company, corporation or association are
4 outside the scope of the original intent and therefore do not
5 violate the prohibition set forth in section 8 of Article VIII
6 of the Constitution of Pennsylvania.
7 SUBCHAPTER E
8 GENERAL PROVISIONS
9 Sec.
10 6751. No Commonwealth guarantee.
11 6752. Taxation, attachment and assignment of funds.
12 6753. Approval of domestic relations orders.
13 6754. Irrevocable beneficiary.
14 6755. Amendment of approved domestic relations orders.
15 6756. Fraud and adjustment of errors.
16 6757. Construction of part.
17 6758. Provisions severable.
18 § 6751. No Commonwealth guarantee.
19 Neither the Commonwealth nor the board shall be responsible
20 for any investment loss incurred in the retirement plan or for
21 the failure of any investment to earn any specific or expected
22 return or to earn as much as any other investment opportunity,
23 whether or not such other investment opportunity was offered to
24 participants in the retirement plan.
25 § 6752. Taxation, attachment and assignment of funds.
26 (a) General rule.--
27 (1) The trust established for tax collectors is declared
28 to be a spendthrift trust. Except as provided in paragraphs
29 (2) and (3), the right of a person to any benefit or right
30 accrued or accruing under the provisions of this part and the
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1 moneys in the fund are hereby exempt from any State or
2 municipal tax, execution or levy and sale, garnishment,
3 attachment, alienation, transfer, anticipation, mortgage,
4 pledge, hypothecation, commutation, spouse's election or any
5 other process and shall be unassignable except to the
6 municipality or school district in the case of a participant
7 who is terminating tax collector service and has been
8 determined to be obligated to the municipality or school
9 district for the repayment of money owed on account of the
10 participant's employment. No amounts contributed by the
11 municipality or school district to the savings plan shall
12 constitute taxable income for purposes of the act of March 4,
13 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, nor
14 shall it constitute taxable income for State and local earned
15 income tax purposes.
16 (2) Rights under this part shall be subject to
17 attachment in favor of an alternate payee as set forth in an
18 approved domestic relations order.
19 (3) Notwithstanding any other provision of this part, a
20 distributee may elect, at the time and in the manner
21 prescribed by the board, to have any portion of an eligible
22 rollover distribution paid directly to an eligible retirement
23 plan by way of a direct rollover. For purposes of this
24 paragraph, a "distributee" includes a participant and a
25 participant's surviving spouse and a participant's former
26 spouse who is an alternate payee under an approved domestic
27 relations order. For purposes of this paragraph, the term
28 "eligible rollover distribution" has the meaning given it by
29 IRC § 402(f)(2)(A) and "eligible retirement plan" has the
30 meaning given it by IRC § 402(c)(8)(B) except that a
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1 qualified trust shall be considered an eligible retirement
2 plan only if it accepts the distributee's eligible rollover
3 distribution; however, in the case of an eligible rollover
4 distribution to a surviving spouse, an eligible retirement
5 plan shall be an "individual retirement account" or an
6 "individual retirement annuity" as those terms are defined in
7 IRC § 408(a) and (b).
8 § 6753. Approval of domestic relations orders.
9 (a) Certification.--A domestic relations order shall be
10 certified as an approved domestic relations order by the
11 secretary of the board, or his designated representative only if
12 that order meets all of the following:
13 (1) Requires the retirement plan to provide any type or
14 form of benefit or any option already provided under the
15 retirement plan.
16 (2) Requires the retirement plan to provide no more than
17 the total amount of benefits than the participant would
18 otherwise receive as set forth in the retirement plan.
19 (3) Specifies the amount or percentage of the
20 participant's distribution to be paid by the savings plan to
21 each such alternate payee or the manner in which such amount
22 or percentage is to be determined.
23 (4) Specifies the name and last known mailing address,
24 if any, of the participant and the name and last known
25 mailing address of each alternate payee covered by the order
26 and states that it is the responsibility of each alternate
27 payee to keep a current mailing address on file with the
28 savings plan.
29 (5) Does not grant an alternate payee any of the rights,
30 options or privileges of a participant under this part or in
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1 the retirement plan except as provided in the retirement
2 plan.
3 (6) Requires the participant to execute an authorization
4 allowing each alternate payee to monitor the member's
5 compliance with the terms of the domestic relations order
6 through access to information concerning the member
7 maintained by the system.
8 (b) Determination by secretary.--Within a reasonable period
9 after receipt of a domestic relations order, the secretary of
10 the board or his designated representative shall determine
11 whether this order is an approved domestic relations order and
12 notify the participant and each alternate payee of this
13 determination. Notwithstanding any other provision of law, the
14 exclusive remedy of any participant or alternate payee aggrieved
15 by a decision of the secretary of the board or his designated
16 representative shall be the right to an adjudication by the
17 board pursuant to 2 Pa.C.S. Ch. 5 Subch. A (relating to practice
18 and procedure) with appeal to the Commonwealth Court pursuant to
19 2 Pa.C.S. Ch. 7 (relating to judicial review) and 42 Pa.C.S. §
20 763(a)(1) (relating to direct appeals from government agencies).
21 (c) Other orders.--The requirements for approval identified
22 in subsection (a) shall not apply to any domestic relations
23 order which is an order for support as defined pursuant to 23
24 Pa.C.S. § 4302 (relating to definitions) or an order for the
25 enforcement of arrearages as provided for in 23 Pa.C.S. § 3703
26 (relating to enforcement of arrearages). These orders shall be
27 approved to the extent that they do not attach moneys in excess
28 of the limits on attachments as established by the laws of the
29 United States and this Commonwealth.
30 (d) Authority of courts.--No court or other tribunal having
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1 jurisdiction over the equitable distribution of marital property
2 of a participant may enter a domestic relations order that
3 provides for the distribution of a participant's account in the
4 retirement plan in a way that violates the terms and conditions
5 of the retirement plan as established by this part and the board
6 or requires any action or distribution that would be a violation
7 of the terms and conditions the retirement plan is required to
8 satisfy to be qualified under the IRC.
9 (e) Obligation discharged.--Only the requirements of this
10 part and any regulations promulgated pursuant to it shall be
11 used to govern the approval or disapproval of a domestic
12 relations order. If the secretary of the board or his designated
13 representative acts in accordance with the provisions of this
14 part or any promulgated regulations in approving or disapproving
15 a domestic relations order, the obligations of the system with
16 respect to such approval or disapproval shall be discharged.
17 § 6754. Irrevocable beneficiary.
18 Notwithstanding any other provision of this part, a domestic
19 relations order may provide for an irrevocable beneficiary. A
20 domestic relations order requiring the nomination of an
21 irrevocable beneficiary shall be deemed to be one that requires
22 a member to nominate an alternate payee as a beneficiary and
23 that prohibits the removal or change of that beneficiary without
24 approval of a court of competent jurisdiction except by
25 operation of law. A domestic relations order may be certified as
26 an approved domestic relations order by the secretary of the
27 board or his designated representative after the member makes
28 such nomination; in which case the irrevocable beneficiary so
29 ordered by the court cannot be changed by the member without
30 approval by the court. A person ineligible to be designated as a
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1 beneficiary cannot be designated as an irrevocable beneficiary.
2 § 6755. Amendment of approved domestic relations orders.
3 (a) Deceased alternate payee.--In the event that the
4 alternate payee predeceases the participant and there are
5 benefits payable to the alternate payee, the divorce court may
6 amend the approved domestic relations order to substitute a
7 person for the deceased alternate payee to receive any benefits
8 payable to the deceased alternate payee.
9 (b) Recertification of amended order.--If a divorce court
10 amends the approved domestic relations order for any reason, the
11 amended order must be submitted for recertification as an
12 approved domestic relations order pursuant to this part.
13 § 6756. Fraud and adjustment of errors.
14 (a) Penalty for fraud.--Any person who knowingly makes any
15 false statement or falsifies or permits to be falsified any
16 record of the plan in an attempt to defraud the plan commits a
17 misdemeanor of the second degree.
18 (b) Adjustment of errors.--Should any change or mistake in
19 records result in any participant, beneficiary or alternate
20 payee receiving from the retirement plan more or less than he
21 would have been entitled to receive had the records been
22 correct, regardless of the intentional or unintentional nature
23 of the error and upon the discovery of the error, the board
24 shall correct the error and so far as practicable shall adjust
25 the payments which may be made for and to such person in a
26 manner that the actuarial equivalent of the benefit to which he
27 was correctly entitled shall be paid as set forth in the
28 retirement plan.
29 § 6757. Construction of part.
30 (a) Exclusive source of benefits.--Notwithstanding any other
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1 provision of law, pension rights of tax collectors shall be
2 determined solely by this part and no agreement between a tax
3 collector and a municipality or school district shall be
4 construed to change any of the provisions of this part to
5 require the board to administer pension or retirement benefits
6 not contained in this part or otherwise require action by any
7 other government body pertaining to pension or retirement
8 benefits or rights of tax collectors.
9 (b) No contractual right to continuation.--Notwithstanding
10 any other provision of law, the General Assembly specifically
11 reserves to itself the right to change, alter, reduce or
12 eliminate any provision of this part or benefits provided
13 hereunder, including, but not limited to, reducing or
14 eliminating future contribution to the retirement plan, and
15 further grants the board the right and authority to change,
16 alter, reduce or eliminate any provisions of the retirement
17 plan, including, but not limited to, fees charged and investment
18 vehicles offered, provided however, that fees shall not be
19 increased or decreased retroactively and contributions made
20 shall not be increased or decreased retroactively.
21 § 6758. Provisions severable.
22 The provisions of this part are severable to the extent that
23 if any of its provisions are held to be legally or
24 unconstitutionally impermissible as applied to any tax
25 collector, the decision of the court shall not affect or impair
26 the application the provisions of this part to other tax
27 collectors.
28 Section 2. No contributions shall be made on behalf of any
29 tax collector until such time as the board has established a
30 defined contribution retirement plan pursuant to this part and
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1 has started accepting contributions to the retirement plan.
2 Section 3. This act shall take effect immediately.
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