| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 2384, 2521, 2606 | PRINTER'S NO. 2609 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY WILLIAMS AND D. EVANS, JULY 3, 2009 |
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| AS AMENDED ON THIRD CONSIDERATION, IN SENATE, AUGUST 26, 2009 |
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| AN ACT |
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1 | Amending the act of December 18, 1984 (P.L.1005, No.205), | <-- |
2 | entitled "An act mandating actuarial funding standards for |
3 | all municipal pension systems; establishing a recovery |
4 | program for municipal pension systems determined to be |
5 | financially distressed; providing for the distribution of the |
6 | tax on the premiums of foreign fire insurance companies; and |
7 | making repeals," adding special provisions for amortization |
8 | of unfunded actuarial accrued liability and minimum municipal |
9 | obligation in cities of the first class; and providing for |
10 | special taxing authority for cities of the first class. |
11 | Amending the act of December 18, 1984 (P.L.1005, No.205), | <-- |
12 | entitled "An act mandating actuarial funding standards for |
13 | all municipal pension systems; establishing a recovery |
14 | program for municipal pension systems determined to be |
15 | financially distressed; providing for the distribution of the |
16 | tax on the premiums of foreign fire insurance companies; and |
17 | making repeals," amending the title of the act; in |
18 | preliminary provisions, further providing for definitions; in |
19 | preliminary provisions, providing for methodology; in |
20 | municipal pension plan actuarial reporting, further providing |
21 | for contents of actuarial valuation report and providing for |
22 | actuarial asset valuation and for revised actuarial valuation |
23 | report; in minimum funding standard for municipal pension |
24 | plans, further providing for minimum funding standard and |
25 | defined benefit plans self-insured in whole or in part; in |
26 | revisions applicable to municipal pension fund financing, |
27 | further providing for revision of financing from State |
28 | revenue sources and General Municipal Pension System State |
29 | Aid Program; in financially distressed municipal pension plan |
30 | determination procedure, further providing for initiation of |
31 | distress determination, for pension plans to be included in |
32 | determination and for determination procedure; in financially |
33 | distressed municipal pension system recovery program, further |
34 | providing for application, for election determination |
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1 | procedure, for recovery program level I, for recovery program |
2 | level II, for recovery program level III, for remedies |
3 | applicable to various recovery program levels, for |
4 | supplemental State assistance program and fund and for |
5 | municipal employee retirement program; in financially |
6 | distressed municipal pension system recovery program, |
7 | establishing programs for municipal pension recovery and |
8 | municipal employee retirement; in financially distressed |
9 | municipal pension system recovery program, further providing |
10 | for rules and regulations; providing for standards for |
11 | municipal pension systems for second class cities and for | <-- |
12 | level III administration in cities of the second class; in |
13 | alternative funding mechanism, providing special provisions |
14 | relating to certain cities and counties; further providing |
15 | for alternative funding mechanism; providing for cities of |
16 | the first and second classes, for special taxing authority, |
17 | for cities of the second class and for municipal excess |
18 | payments; authorizing certain deferred retirement option |
19 | plans; and making a related repeal. |
20 | The General Assembly of the Commonwealth of Pennsylvania |
21 | hereby enacts as follows: |
22 | Section 1. Chapter 10 heading of the act of December 18, | <-- |
23 | 1984 (P.L.1005, No.205), known as the Municipal Pension Plan |
24 | Funding Standard and Recovery Act, added June 18, 1998 (P.L.626, |
25 | No.82), is amended to read: |
26 | CHAPTER 10 |
27 | [ALTERNATIVE FUNDING MECHANISM] |
28 | PROVISIONS RELATING TO CITIES OF THE FIRST CLASS |
29 | Section 2. Section 1001(b) of the act, added June 18, 1998 |
30 | (P.L.626, No.82), is amended and the section is amended by |
31 | adding a subsection to read: |
32 | Section 1001. Alternative funding mechanism. |
33 | * * * |
34 | (b) Period of payment requirements prior to July 1, 2009.-- |
35 | The period of the city's payment requirements under an |
36 | alternative funding mechanism implemented prior to December 31, |
37 | 2002, shall be the greater of: |
38 | (1) the remaining period not exceeding 30 years during |
39 | which the city would have amortized the unfunded actuarial |
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1 | accrued liability reported in its last actuarial valuation |
2 | report filed under Chapter 2 using the total amortization |
3 | payment and interest assumption, reported in that actuarial |
4 | valuation report; or |
5 | (2) 30 years. |
6 | If an alternative funding mechanism is implemented after |
7 | December 31, 2002, but before July 1, 2009, the period described |
8 | in paragraph (1) shall be the period of the city's payment |
9 | requirements. |
10 | (b.1) Period of payment requirements beginning July 1, |
11 | 2009.--The period of the city's payment requirements under an |
12 | alternative funding mechanism implemented or refinanced in whole |
13 | or in part on or after July 1, 2009, and prior to the beginning |
14 | of the plan year that commences in 2019, shall be the greater |
15 | of: |
16 | (1) the remaining period not exceeding 30 years during |
17 | which the city would have amortized the unfunded actuarial |
18 | accrued liability reported in its last actuarial valuation |
19 | report filed under Chapter 2 using the total amortization |
20 | payment and interest assumption, reported in that actuarial |
21 | valuation report; or |
22 | (2) 30 years. |
23 | If an alternative funding mechanism is implemented after July 1, |
24 | 2019, the period described in paragraph (1) shall be the period |
25 | of the city's payment requirements. |
26 | * * * |
27 | Section 3. The act is amended by adding sections to read: |
28 | Section 1002. Special provisions for amortization of unfunded |
29 | actuarial accrued liability and minimum municipal |
30 | obligation. |
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1 | (a) Amortization of unfunded actuarial accrued liability.-- |
2 | (1) Notwithstanding any other provision of this act or |
3 | other law, a city of the first class, in its sole discretion, |
4 | may amortize its entire unfunded actuarial accrued liability, |
5 | as measured on a valuation date selected by the city of the |
6 | first class and occurring in the plan year commencing after |
7 | January 1, 2009, and ending before December 31, 2010, as a |
8 | level dollar amount with the amortization target date being |
9 | the end of the plan year occurring 30 years after the plan |
10 | year commencing on July 1, 2009, with payments to commence in |
11 | the next plan year. |
12 | (2) In order for a city of the first class to extend the |
13 | applicable amortization period pursuant to this subsection, |
14 | the city of the first class must file a revised actuarial |
15 | valuation report reflecting the amortization period extension |
16 | provided for under this section and the actuarial assumed |
17 | rate in effect on the valuation date with the commission no |
18 | later than March 31, 2010. |
19 | (3) Any such revised actuarial valuation report may not |
20 | be filed in lieu of the actuarial valuation report prepared |
21 | in compliance with section 202(b)(4)(v)(A) and required to be |
22 | filed on or before March 31, 2009, and may be used only for |
23 | the purposes of recalculating the minimum municipal |
24 | obligation of the city of the first class for the plan year |
25 | commencing on July 1, 2009, and calculating the minimum |
26 | municipal obligation of the city of the first class for the |
27 | plan year commencing on July 1, 2010, to reflect the |
28 | amortization period extension. The revised report shall |
29 | supersede the original report to the extent of the revisions. |
30 | (4) Any such revised actuarial valuation report shall |
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1 | not affect distributions under the General Municipal Pension |
2 | System State Aid Program under Chapter 4. |
3 | (b) Revised minimum municipal obligation for certain plan |
4 | years.-- |
5 | (1) Notwithstanding any other provision of this act or |
6 | other law, a city of the first class is authorized to defer a |
7 | portion of the minimum municipal obligation provided for |
8 | section 302: |
9 | (i) for the plan year ending June 30, 2010, in an |
10 | amount not to exceed $155,000,000; and |
11 | (ii) for the plan year ending June 30, 2011, in an |
12 | amount not to exceed $80,000,000. |
13 | (2) The amounts deferred shall bear interest at the rate |
14 | of 8.25%, which shall be calculated from the beginning of the |
15 | plan year in which the deferral was made. Accrued interest on |
16 | any amounts deferred shall be paid yearly on or before June |
17 | 30, 2010, June 30, 2011, and June 30, 2012. |
18 | (3) On or before June 30, 2013, the city of the first |
19 | class shall repay: |
20 | (i) at least $90,000,000 of any amounts deferred, |
21 | plus interest accrued on all amounts deferred; or |
22 | (ii) if the total amount deferred is less than |
23 | $90,000,000, the total amount deferred, plus interest |
24 | accrued on that amount. |
25 | (4) The balance of all amounts deferred, including |
26 | interest accrued and unpaid on amounts deferred, shall be |
27 | repaid by June 30, 2014. |
28 | (5) Any of the amounts deferred, including interest |
29 | accrued on deferred amounts, which remain unpaid at the end |
30 | of the plan year ending June 30, 2014, shall be added to the |
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1 | minimum municipal obligation of the city of the first class |
2 | for the following plan year, with interest calculated and due |
3 | until the date that the amounts due are paid. |
4 | (6) The calculation of the unfunded actuarial accrued |
5 | liability made by and certified by an approved actuary under |
6 | section 202 shall not include any amounts deferred pursuant |
7 | to this subsection, so long as the city of the first class is |
8 | paying interest accrued on such deferred amounts and repaying |
9 | such deferred amounts in accordance with the terms of this |
10 | subsection. |
11 | (7) The repayment of any amounts deferred, including |
12 | interest accrued on deferred amounts, as and when required in |
13 | this subsection, shall constitute a commitment and |
14 | obligation, binding and absolute, on the city of the first |
15 | class; and the city of the first class shall include all |
16 | amounts due to be paid under this subsection in the budget of |
17 | the city, and all amounts due to be paid shall be |
18 | appropriated and paid in order to make timely repayment of |
19 | any amounts deferred, including interest accrued on deferred |
20 | amounts, with such payment being unconditional and without |
21 | setoff. |
22 | (8) (i) Any person who is beneficially interested in |
23 | the city of the first class paying its minimum municipal |
24 | obligation under this subsection shall have standing to |
25 | institute a legal proceeding for mandamus to enforce the |
26 | obligation of the city of the first class to make |
27 | payments under this subsection in the same manner as |
28 | payment requirements of an alternative funding mechanism |
29 | may be enforced under section 1001. |
30 | (ii) For purposes of this paragraph, a person is |
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1 | beneficially interested under this subsection if the |
2 | person is a beneficially interested person under section |
3 | 1001(f). |
4 | (9) The city of the first class shall be required to pay |
5 | the balance of its minimum municipal obligation in full when |
6 | due in each plan year. |
7 | Section 1003. Special taxing authority. |
8 | (a) Imposition of special tax.–- |
9 | (1) Solely for the purposes set forth in subsection (b), |
10 | a city of the first class is authorized to impose a tax on |
11 | the sale at retail of tangible personal property or services |
12 | or use of tangible personal property or services purchased at |
13 | retail, as those terms are defined in Article II of the act |
14 | of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code |
15 | of 1971, which tax shall be in addition to the tax authorized |
16 | under the provisions of section 503(a) and (b) of the act of |
17 | June 5, 1991 (P.L.9, No.6), known as the Pennsylvania |
18 | Intergovernmental Cooperation Authority Act for Cities of the |
19 | First Class. The tax authorized by this subsection shall not |
20 | be levied, assessed and collected upon the occupancy of a |
21 | room or rooms in a hotel in the city. |
22 | (2) The tax authorized under this subsection shall be |
23 | imposed and collected at the rate of 1%, and shall be |
24 | computed as set forth at section 503(e)(2) of the |
25 | Pennsylvania Intergovernmental Cooperation Authority Act for |
26 | Cities of the First Class. |
27 | (3) The tax authorized under this subsection shall be |
28 | administered, collected, deposited and disbursed in the same |
29 | manner as the tax imposed under Chapter 5 of the Pennsylvania |
30 | Intergovernmental Cooperation Authority Act for Cities of the |
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1 | First Class and the situs of the tax authorized under this |
2 | subsection shall be determined in accordance with that act |
3 | and Article II-A of the Tax Reform Code of 1971. The |
4 | department shall use the money received by the department to |
5 | cover its costs of administration of the tax authorized by |
6 | the provisions of Chapter 5 of the Pennsylvania |
7 | Intergovernmental Cooperation Authority Act for Cities of the |
8 | First Class to cover the costs of administration of the tax |
9 | authorized by this section; and the department shall not |
10 | retain any additional amounts for the costs of collection of |
11 | the tax authorized by this section. No additional fee shall |
12 | be charged for either a license or any renewal in addition to |
13 | a license or renewal fee otherwise authorized and imposed |
14 | pursuant to Article II of the Tax Reform Code of 1971. |
15 | (b) Municipal action.-- |
16 | (1) If a city of the first class determines to impose |
17 | the tax authorized by subsection (a), the governing body of |
18 | the city shall adopt or shall previously have adopted an |
19 | ordinance which shall state the tax rate. |
20 | (2) The city ordinance, including an ordinance adopted |
21 | prior to the effective date of this article, may take effect |
22 | no earlier than 20 days after the adoption of the ordinance |
23 | or 20 days after the effective date of this section, |
24 | whichever is later. |
25 | (3) A certified copy of a city ordinance imposing the |
26 | tax authorized by subsection (a) shall be delivered to the |
27 | department within ten days prior to or after the effective |
28 | date of that ordinance. |
29 | (4) A certified copy of a repeal ordinance shall be |
30 | delivered to the department at least 30 days prior to the |
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1 | effective date of the repeal. |
2 | (c) Use of tax receipts.--Any moneys received by the city |
3 | from the levy, assessment and collection of the tax authorized |
4 | under subsection (a) may only be used to: |
5 | (1) pay as and when due in any plan year any amounts of |
6 | the city's minimum municipal obligation provided for in |
7 | section 302, including, but not limited to, amounts deferred |
8 | pursuant to section 1002(b) and interest accrued on deferred |
9 | amounts; and |
10 | (2) reimburse the city for payments made by the city, |
11 | from sources other than the tax authorized in subsection (a), |
12 | of the city's minimum municipal obligation for that year, |
13 | including, but not limited to, amounts deferred pursuant to |
14 | section 1002(b) and interest accrued on deferred amounts. |
15 | (d) Expiration.-- |
16 | (1) This section shall expire July 1, 2014. |
17 | (2) Notwithstanding the expiration of this section, any |
18 | tax imposed pursuant to subsection (a) on sales or uses |
19 | occurring before July 1, 2014, shall be paid to and received |
20 | by the department and, along with interest and penalties, |
21 | less any refunds and credits paid, shall be credited to the |
22 | Local Sales and Use Tax Fund created pursuant to the |
23 | Pennsylvania Intergovernmental Cooperation Authority Act for |
24 | Cities of the First Class as if this section had not expired. |
25 | Such moneys shall be disbursed to the city imposing the tax |
26 | in the manner provided by section 509 of the Pennsylvania |
27 | Intergovernmental Cooperation Authority Act for Cities of the |
28 | First Class. |
29 | (e) Effect of imposition, expiration or repeal of tax.--The |
30 | imposition, termination or repeal of the tax authorized under |
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1 | subsection (a) shall not affect in any way the amount of |
2 | supplemental State assistance allocable to the city imposing the |
3 | tax. |
4 | Section 1004. Additional assistance. |
5 | Notwithstanding any other provision of this act or other law, |
6 | a city of the first class shall continue to receive State |
7 | supplemental assistance and any other assistance available under |
8 | this act. |
9 | Section 4. This act shall take effect immediately. |
10 | Section 1. The title of the act of December 18, 1984 | <-- |
11 | (P.L.1005, No.205), known as the Municipal Pension Plan Funding |
12 | Standard and Recovery Act, is amended to read: |
13 | AN ACT |
14 | Mandating actuarial funding standards for all municipal pension |
15 | systems; establishing a recovery program for municipal |
16 | pension systems determined to be financially distressed; |
17 | providing for the distribution of the tax on the premiums of |
18 | foreign fire insurance companies; providing for the |
19 | establishment and administration of deferred retirement |
20 | option plans in local governments and for local tax; and |
21 | making repeals. |
22 | Section 2. The definition of "municipal employee" in section |
23 | 102 of the act is amended and the section is amended by adding |
24 | definitions to read: |
25 | Section 102. Definitions. |
26 | Except as provided in Chapter 7, the following words and |
27 | phrases when used in this act shall have the meanings given to |
28 | them in this section unless the context clearly indicates |
29 | otherwise: |
30 | * * * |
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1 | "DROP." A deferred retirement option plan created and |
2 | operated by a local government or the Pennsylvania Municipal |
3 | Retirement System under Chapter 11 or any deferred retirement |
4 | option plan or similar program established by a local government |
5 | that provides for the commencement and accumulation of |
6 | retirement benefit payments for active employees with |
7 | disbursement of the accumulated payments and interest earnings |
8 | as a lump sum upon termination of employment. |
9 | "DROP participant." A retired member of a local government- |
10 | defined benefit pension plan who is eligible to participate in a |
11 | DROP under section 1112, who has elected to participate in a |
12 | DROP under section 1113 and who is not an elected official. |
13 | "DROP participant account." A pension trust fund ledger |
14 | account established under section 1121(a). |
15 | * * * |
16 | "Local government." A municipality or any county. |
17 | * * * |
18 | "Municipal employee." Any person [other than an independent |
19 | contractor] who provides regular services for a municipality in |
20 | return for compensation from the municipality. The term does not |
21 | include an independent contractor or a DROP participant. |
22 | * * * |
23 | Section 2.1. The act is amended by adding a section to read: |
24 | Section 103. Methodology. |
25 | In performing an actuarial study under this act or the act of |
26 | December 6, 1972 (P.L.1383, No.293), entitled "An act requiring |
27 | municipal pension systems to have an actuarial investigation of |
28 | the fund made by an actuary who shall report his findings to the |
29 | Department of Community Affairs," municipalities and counties |
30 | may utilize any reasonable actuarial assumptions or |
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1 | methodologies provided for in this act. |
2 | Section 3. Section 202(b)(4)(i), (ii), (iii), (iv) and (v) |
3 | of the act, amended July 15, 2004 (P.L.715, No.81), are amended |
4 | to read: |
5 | Section 202. Contents of actuarial valuation report. |
6 | * * * |
7 | (b) Contents of actuarial exhibits; defined benefit plans |
8 | self-insured in whole or in part.--For any pension plan which is |
9 | a defined benefit plan and which is self-insured in whole or in |
10 | part, all applicable actuarial exhibits shall be prepared in |
11 | accordance with the entry age normal actuarial cost method with |
12 | entry age established as the actual entry age for all plan |
13 | members unless the municipality applies for and is granted |
14 | authorization by the commission to use an alternative actuarial |
15 | cost method. Authorization shall be granted if the municipality |
16 | demonstrates on an individual pension plan basis that there are |
17 | compelling reasons of an actuarial nature for the use of an |
18 | alternative actuarial cost method. The commission shall issue |
19 | rules and regulations specifying the criteria which the |
20 | commission will use to determine the question of the existence |
21 | of compelling reasons for the use of an alternative actuarial |
22 | cost method, the documentation which a municipality seeking the |
23 | authorization will be required to supply and the acceptable |
24 | alternative actuarial cost methods which the commission may |
25 | authorize. The actuarial cost method shall be used to value all |
26 | aspects of the benefit plan or plans of the pension plan unless |
27 | the municipality applies for and is granted authorization by the |
28 | commission to use approximation techniques other than the |
29 | actuarial cost method for aspects of the benefit plan or plans |
30 | of the pension plan other than the retirement benefit. |
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1 | Authorization shall be granted if the municipality demonstrates |
2 | on an individual pension plan basis that there are compelling |
3 | reasons of an actuarial nature for the use of these |
4 | approximation techniques. The commission shall issue rules and |
5 | regulations specifying the criteria which the commission will |
6 | use to determine the question of the existence of compelling |
7 | reasons for the use of approximation techniques, the |
8 | documentation which a municipality seeking the authorization |
9 | will be required to supply and the acceptable approximation |
10 | technique which the commission may authorize. The actuarial |
11 | exhibits shall use actuarial assumptions which are, in the |
12 | judgment of the actuary and the governing body of the plan, the |
13 | best available estimate of future occurrences in the case of |
14 | each assumption. With respect to economic actuarial assumptions, |
15 | the assumptions shall either be within the range specified in |
16 | rules and regulations issued by the commission or documentation |
17 | explaining and justifying the choice of assumptions outside the |
18 | range shall accompany the report. The actuarial exhibits shall |
19 | measure all aspects of the benefit plan or plans of the pension |
20 | plan in accordance with modifications in the benefit plan or |
21 | plans, if any, and salaries which as of the valuation date are |
22 | known or can reasonably be expected to be in force during the |
23 | ensuing plan year. In preparing the actuarial exhibits or any |
24 | actuarial valuation report, the municipality shall exclude the |
25 | compensation of all DROP participants from the active member |
26 | payroll and all DROP participants from active member data. The |
27 | actuarial valuation report shall contain the following actuarial |
28 | exhibits: |
29 | * * * |
30 | (4) An exhibit of any additional funding costs |
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1 | associated with the amortization of any unfunded actuarial |
2 | accrued liability of the pension plan, indicating for each |
3 | increment of unfunded actuarial accrued liability specified |
4 | in paragraph (3), the level annual dollar contribution |
5 | required to pay an amount equal to the actuarial assumption |
6 | as to investment earnings applied to the principal amount of |
7 | the remaining balance of the increment of unfunded actuarial |
8 | accrued liability and to retire by the applicable |
9 | amortization target date specified in this paragraph the |
10 | principal amount of the remaining balance of the increment of |
11 | unfunded actuarial accrued liability. The amortization target |
12 | date applicable for each type of increment of unfunded |
13 | actuarial accrued liability shall be as follows: |
14 | (i) The following apply: |
15 | (A) In the case of a pension plan established on |
16 | or prior to January 1, 1985 for the unfunded |
17 | actuarial accrued liability in existence as of the |
18 | beginning of the plan year occurring in calendar year |
19 | 1985, at the end of the plan year occurring in |
20 | calendar year 2015; or |
21 | (B) In the case of a pension plan established |
22 | after January 1, 1985, for the unfunded actuarial |
23 | accrued liability then or subsequently determined to |
24 | be or to have been in existence as of the date of the |
25 | establishment of the plan, at the end of the plan |
26 | year occurring 30 years after the calendar year in |
27 | which the pension plan was established. |
28 | (ii) The following apply: |
29 | (A) Increment or decrement of net unfunded |
30 | actuarial accrued liability attributable to a change |
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1 | in actuarial assumptions, at the end of the plan year |
2 | occurring 20 years after the calendar year in which |
3 | actuarial assumption modification was effective. |
4 | (B) Increment or decrement of net unfunded |
5 | actuarial accrued liability attributable to a change |
6 | in actuarial assumptions made on or after the |
7 | effective date of this clause, at the end of the plan |
8 | year occurring 15 years after the calendar year in |
9 | which the actuarial assumption modification was |
10 | effective. |
11 | (iii) The following apply: |
12 | (A) Increment of net unfunded actuarial accrued |
13 | liability attributable to a modification in the |
14 | benefit plan applicable to active members, at the end |
15 | of the plan year occurring 20 years after the |
16 | calendar year in which the benefit plan modification |
17 | was effective. |
18 | (B) From and after the effective date of this |
19 | clause, the increment of net unfunded actuarial |
20 | accrued liability attributable to a modification in |
21 | the benefit plan mandated by new legislation, at the |
22 | end of the plan year occurring 20 years after the |
23 | calendar year in which the benefit plan modification |
24 | was effective. |
25 | (iv) The following apply: |
26 | (A) Increment of unfunded actuarial accrued |
27 | liability attributable to a modification in the |
28 | benefit plan applicable to retired members and other |
29 | benefit recipients, at the end of the plan year |
30 | occurring 10 years after the calendar year in which |
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1 | the benefit plan modification was effective. |
2 | (B) Increment Except as provided under clause | <-- |
3 | (C), increment of unfunded actuarial accrued |
4 | liability attributable to a modification in the |
5 | benefit plan for active members adopted on or after | <-- |
6 | the effective date of this clause and not mandated by |
7 | new legislation, at the end of the plan year |
8 | occurring ten years after the calendar year in which |
9 | the benefit plan modification was effective. |
10 | (C) An increment of unfunded actuarial accrued | <-- |
11 | liability attributable to a modification in the |
12 | benefit plan applicable to retired members and other |
13 | benefit recipients not mandated by new legislation, |
14 | at the end of the plan year following the year in |
15 | which the modification was effective. |
16 | (v) The following apply: |
17 | (A) Increment or decrement of net unfunded |
18 | actuarial accrued liability attributable to an |
19 | actuarial experience loss or gain, at the end of plan |
20 | year occurring [15] 20 years after the calendar year |
21 | in which the actuarial experience loss or gain was |
22 | recognized. |
23 | (B) Notwithstanding any other provision of this |
24 | act or other law, as of the beginning of the plan |
25 | year occurring in calendar year 2003, the outstanding |
26 | balance of the increment of unfunded actuarial |
27 | accrued liability attributable to the net actuarial |
28 | investment losses incurred in calendar years 2001 and |
29 | 2002 may, at the sole discretion of the municipality, |
30 | be amortized with the amortization target date being |
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1 | the end of the plan year occurring 30 years after |
2 | January 1, 2003. In order for a municipality to |
3 | extend the applicable amortization period pursuant to |
4 | this clause, the municipality must file a revised |
5 | actuarial valuation report reflecting the |
6 | amortization period extension provided for under this |
7 | clause with the executive director of the commission |
8 | no later than September 30, 2004. Any such revised |
9 | actuarial valuation report may not be filed in lieu |
10 | of the actuarial valuation report prepared in |
11 | compliance with clause (A) and required to be filed |
12 | on or before March 31, 2004, and may be used only for |
13 | the purposes of recalculating the 2004 minimum |
14 | municipal obligation of the municipality and |
15 | calculating the 2005 minimum municipal obligation of |
16 | the municipality to reflect the amortization period |
17 | extension. Any such revised actuarial valuation |
18 | report shall not affect distributions under the |
19 | General Municipal Pension System State Aid Program |
20 | under Chapter 4. |
21 | * * * |
22 | Section 4. The act is amended by adding sections to read: |
23 | Section 210. Actuarial asset valuation. |
24 | (a) General rule.--A municipality may value the assets in |
25 | each of its pension plans to equal the greater of : |
26 | (1) the actuarial value of assets from the most recent |
27 | biennial actuarial valuation report accepted by the |
28 | commission: |
29 | (i) increased by contributions and other deposits |
30 | except investment income; |
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1 | (ii) decreased by benefit payments and |
2 | administrative expenses or other payments; and |
3 | (iii) credited with interest at 1% less than the |
4 | plan's assumed rate, to the date of the actuarial |
5 | valuation; or |
6 | (2) the market value of assets on the valuation date. |
7 | (b) Methodology.-- |
8 | (1) The actuarial value of pension plan assets is the |
9 | value of cash, investment securities and other property |
10 | belonging to the municipal pension plan according to a method |
11 | for valuing assets adopted by the governing body of the |
12 | municipal pension plan upon the recommendation of the |
13 | actuary. |
14 | (2) The method for valuing assets shall be adequately |
15 | disclosed in the accompanying documentation or exhibits and, |
16 | except as set forth in subsection (c) or Chapter 6, may not |
17 | produce a result that in total is: |
18 | (i) greater than 120% of the fair market value of |
19 | the assets of the municipal pension plan; or |
20 | (ii) less than 80% of the fair market value of the |
21 | assets of the municipal pension plan. |
22 | (c) Temporary valuation.-- |
23 | (1) For the two-year actuarial valuation reporting |
24 | period beginning in 2009, a municipality may utilize a method |
25 | for valuing assets which does not produce a result that in |
26 | total is: |
27 | (i) greater than 130% of the fair market value of |
28 | the assets of the municipal pension plan; or |
29 | (ii) less than 70% of the fair market value of the |
30 | assets of the municipal pension plan. |
|
1 | (2) Upon the expiration of that two-year actuarial |
2 | valuation reporting period, subsection (b) applies. |
3 | Section 211. Revised actuarial valuation report. |
4 | Upon enactment of legislation which would alter the actuarial |
5 | valuation of a pension plan, a revised actuarial valuation |
6 | report shall be filed with the commission as the commission |
7 | directs. |
8 | Section 5. Section 302(b)(2) of the act, amended December |
9 | 18, 1990 (P.L.753, No.189), is amended and the section is | <-- |
10 | amended by adding a subsection to read: |
11 | Section 302. Minimum funding standard; defined benefit plans |
12 | self-insured in whole or in part. |
13 | * * * |
14 | (b) Financial requirements of the pension plan.-- |
15 | * * * |
16 | (2) The normal cost and administrative expense |
17 | requirements for the following plan year shall be expressed |
18 | as a dollar amount and shall be determined by applying the |
19 | normal cost of the benefit plan and the administrative |
20 | expense payable from the assets attributable to the benefit |
21 | plan, as reported in the actuarial valuation report of the |
22 | pension plan and expressed as a percentage of payroll, to the |
23 | payroll of the active membership of the pension plan as of |
24 | the date the financial requirements of the pension plan are |
25 | determined. In expressing the normal cost and administrative |
26 | expense requirements as a dollar amount, the municipality |
27 | shall exclude the compensation of all DROP participants from |
28 | the payroll of the active membership of the pension plan. |
29 | * * * |
30 | (f) Cost-of-living adjustments.--A cost-of-living adjustment | <-- |
|
1 | for an inactive member shall be fully amortized within one year |
2 | of the date of the implementation of the adjustment. |
3 | Section 6. Sections 402(e)(2), 501 and 502 of the act are |
4 | amended to read: |
5 | Section 402. Revision of financing from State revenue sources; |
6 | General Municipal Pension System State Aid Program. |
7 | * * * |
8 | (e) Allocation of general municipal pension system State |
9 | aid.-- |
10 | * * * |
11 | (2) The applicable number of units shall be attributable |
12 | to each active employee who was employed on a full-time basis |
13 | for a minimum of six consecutive months prior to December 31 |
14 | preceding the date of certification and who was participating |
15 | in a pension plan maintained by that municipality, provided |
16 | that the municipality maintains a generally applicable |
17 | pension plan for that type of employee which was either |
18 | established on or prior to December 31, 1984, or, if |
19 | established after December 31, 1984, has been maintained by |
20 | that municipality for at least three plan years. For the |
21 | purpose of computing and reporting the applicable number of |
22 | units, a DROP participant shall not be reported to the |
23 | Auditor General as an active employee. The applicable number |
24 | of units per employee attributable to each eligible recipient |
25 | county of the second class shall be two units for each police |
26 | officer. The applicable number of units attributable to each |
27 | eligible recipient city, borough, incorporated town and |
28 | township shall be as follows: |
29 | (i) Police officer - two units. |
30 | (ii) Firefighter - two units. |
|
1 | (iii) Employee other than police officer or |
2 | firefighter - one unit. |
3 | * * * |
4 | Section 501. Initiation of distress determination. |
5 | [Each municipality which wishes to avail itself of any of the |
6 | provisions of sections 604, 605 and 606 shall apply to the |
7 | commission for a determination of its status pursuant to this |
8 | chapter. The application shall be in the form and shall contain |
9 | the required information as prescribed in rules and regulations |
10 | issued by the commission. Determinations pursuant to this |
11 | chapter shall be made annually.] The commission shall review the |
12 | biennial actuarial valuation reports filed on behalf of each |
13 | municipal pension plan to determine the municipality's |
14 | eligibility to avail itself of sections 604, 605 and 606. |
15 | Section 502. Pension plans for inclusion in determination. |
16 | The determination provided for in this chapter shall be made |
17 | for a municipality taking into account all pension plans which |
18 | the municipality has established and maintains[.], except those |
19 | created after the last biennial actuarial valuation date. The |
20 | initial actuarial valuation report for any plan shall not be |
21 | recognized in the determination of a municipality's distress |
22 | level. If the municipality filed an actuarial valuation report |
23 | for any pension plan in the prior reporting period, that |
24 | valuation report shall control the determination of distress |
25 | without regard to the funding status of any newly established |
26 | plan. If no other plan was previously maintained by a |
27 | municipality, the newly established plan shall be assigned a |
28 | distress score of 0. |
29 | Section 7. Sections 503 and 602 of the act, amended December |
30 | 10, 1996 (P.L.934, No.150), are amended to read: |
|
1 | Section 503. Determination procedure. |
2 | (a) Generally.--The determination provided for in this |
3 | chapter shall be made by the commission using the actuarial |
4 | [indicators] indicator specified in subsection (b) [and the |
5 | municipal finance indicators specified in subsection (c), and |
6 | the scoring system associated with each]. |
7 | (b) Actuarial [indicators] indicator.--The actuarial |
8 | [indicators] indicator shall be based on the most current |
9 | actuarial valuation report or reports filed by the applicable |
10 | municipality with the commission pursuant to law and shall be |
11 | made in aggregate for all pension plans maintained by the |
12 | applicable municipality. [The actuarial indicators and the |
13 | associated scoring system for each shall be as follows: |
14 | (1) The aggregate amount of current pension plan |
15 | benefits payable shall be computed as a percentage of the |
16 | current market value of aggregate plan assets: |
17 18 19 | Benefits Payable as Percentage of Assets | Scoring | 20 | 0 - 5% | 0 | 21 | 6 - 10% | 10 | 22 | 11 - 15% | 20 | 23 | 16 - 20% | 30 | 24 | 21 - 30% | 40 | 25 | 31 - 40% | 50 | 26 | 41 - 50% | 60 | 27 | 51 - 60% | 70 | 28 | 61 - 70% | 80 | 29 | 71 - 80% | 90 | 30 | 81% or greater | 100 |
|
|
1 | (2) The aggregate actuarial value of plan assets shall |
2 | be computed as a percentage of the aggregate accrued |
3 | actuarial liability: |
4 5 6 | Assets as Percentage of Accrued Actuarial Liability | Scoring | 7 | 50.0% or greater | 0 | 8 | 40.0 - 49.0% | 10 | 9 | 30.0 - 39.0% | 20 | 10 | 25.0 - 29.0% | 30 | 11 | 20.0 - 24.0% | 40 | 12 | 15.0 - 19.0% | 50 | 13 | 10.0 - 14.0% | 60 | 14 | 7.5 - 9.0% | 70 | 15 | 5.0 - 7.4% | 80 | 16 | 2.5 - 4.9% | 90 | 17 | 0 - 2.4% | 100 |
|
18 | (3) The aggregate amount of normal cost expressed as a |
19 | percentage of covered payroll reduced by the aggregate amount |
20 | of any member contributions expressed as a percentage of |
21 | covered payroll is added to the aggregate amount of any |
22 | employer contributions to the Federal old age, survivors, |
23 | disability and health insurance program expressed as a |
24 | percentage of covered payroll: |
25 26 | Total Employer Retirement Cost | Scoring | 27 | 0 - 9.99% | 0 | 28 | 10.00 - 11.99% | 10 | 29 | 12.00 - 12.99% | 20 | 30 | 13.00 - 13.99% | 30 | | 1 | 14.00 - 14.99% | 40 | 2 | 15.00 - 15.99% | 50 | 3 | 16.00 - 16.99% | 60 | 4 | 17.00 - 17.99% | 70 | 5 | 18.00 - 18.99% | 80 | 6 | 19.00 - 19.99% | 90 | 7 | 20.00% or greater | 100 |
|
8 | (4) The aggregate requirement to amortize the unfunded |
9 | accrued actuarial liability on a level annual dollar basis |
10 | according to the applicable amortization schedules specified |
11 | in section 202(b)(4) is divided by the aggregate normal cost |
12 | requirement: |
13 14 15 | Amortization Requirement Divided by Normal Cost Result | Scoring | 16 | 0 - 0.39 | 0 | 17 | 0.40 - 0.79 | 10 | 18 | 0.80 - 1.19 | 20 | 19 | 1.20 - 1.39 | 30 | 20 | 1.40 - 1.59 | 40 | 21 | 1.60 - 1.79 | 50 | 22 | 1.80 - 1.99 | 60 | 23 | 2.00 - 2.19 | 70 | 24 | 2.20 - 2.39 | 80 | 25 | 2.40 - 2.59 | 90 | 26 | 2.60 or over | 100 |
|
27 | (5) The difference between the aggregate amount of |
28 | normal cost plus the requirement to amortize the unfunded |
29 | accrued actuarial liability on a level annual dollar basis |
30 | according to the applicable amortization schedules specified |
|
1 | in section 202(b)(4), and the total aggregate amount of |
2 | member contributions, State allocations dedicated for pension |
3 | purposes and municipal contributions received for the |
4 | previous year is computed and expressed as a percentage of |
5 | covered payroll: |
6 7 8 9 | Difference Between Full Actuarial Requirement and Current Contributions | Scoring | 10 | 0 - 2.4% | 0 | 11 | 2.5 - 4.9% | 10 | 12 | 5 - 9.9% | 20 | 13 | 10 - 14.9% | 30 | 14 | 15 - 19.9% | 40 | 15 | 20 - 24.9% | 50 | 16 | 25 - 29.9% | 60 | 17 | 30 - 34.9% | 70 | 18 | 35 - 39.9% | 80 | 19 | 40 - 44.9% | 90 | 20 | 45% or over | 100 |
|
21 | (6) The compound annual percentage rate of increase in |
22 | the aggregate amount of the unfunded accrued actuarial |
23 | liability over the most recent four-year period is computed, |
24 | unless the amount of the unfunded accrued actuarial liability |
25 | equals less than 10% of the amount of assets in either the |
26 | first or fourth year: |
27 28 29 30 | Compound Rate of Increase in Unfunded Accrued Actuarial Liability | Scoring | | 1 | 0.0 - 9.9% | 0 | 2 | 10.0 - 12.4% | 10 | 3 | 12.5 - 14.9% | 20 | 4 | 15.0 - 17.4% | 30 | 5 | 17.5 - 19.9% | 40 | 6 | 20.0 - 22.4% | 50 | 7 | 22.5 - 24.9% | 60 | 8 | 25% or over | 70 |
|
9 | (7) The compound annual percentage rate of increase in |
10 | the aggregate amount of municipal contributions over the most |
11 | recent four-year period is computed: |
12 13 14 | Compound Rate of Increase in Municipal Contributions | Scoring | 15 | 20% or over | 0 | 16 | 15 - 19.9% | 10 | 17 | 10 - 14.9% | 20 | 18 | 0 - 9.9% | 30] |
|
19 | The actuarial indicator shall be the ratio of the actuarial |
20 | value of assets to the actuarial accrued liability, expressed as |
21 | a percentage known as the funding ratio, and shall be applied in |
22 | accordance with the following actuarial distress scoring system: |
23 | Funding Ratio | Score | 24 | 90% or over | 0 | 25 | 70 - 89% | 1 | 26 | 50 - 69% | 2 | 27 | Less than 50% | 3 |
|
28 | [(c) Municipal finance indicators.--The municipal finance |
29 | indicators shall be based on the most recent financial report or |
30 | reports filed by the applicable municipality with the Department |
|
1 | of Community Affairs and certified by the secretary or by the |
2 | designee of the secretary. Before certification for a |
3 | municipality that has issued bonds or notes to fund an unfunded |
4 | actuarial accrued liability under the act of July 12, 1972 |
5 | (P.L.781, No.185), known as the Local Government Unit Debt Act, |
6 | or under the laws applicable to the municipality, the municipal |
7 | finance data extracted from the most recent financial report or |
8 | reports shall be adjusted as directed by the commission to hold |
9 | harmless the municipality under section 404(c) by excluding the |
10 | municipal debt issued to fund an unfunded actuarial accrued |
11 | liability and the debt service on that debt. The municipal |
12 | finance indicators and the associated scoring system for each |
13 | shall be as follows: |
14 | (1) The total amount of taxes collected by the |
15 | municipality for the current year are divided by the |
16 | population of the municipality as of the last Federal census, |
17 | and the percentage increase in the amount of municipal taxes |
18 | collected per capita in the most recent five-year period: |
19 20 21 | Taxes Collected Per Capita | Scoring | Gross Percentage Increase in Taxes Per Capita | Scoring | 22 | $ 0.00 - 79.99 | 0 | 0.00 - 19.99% | 0 | 23 | 80.00 - 84.99 | 5 | 20.00 - 29.99% | 3 | 24 | 85.00 - 89.99 | 10 | 30.00 - 34.99% | 6 | 25 | 90.00 - 99.99 | 15 | 35.00 - 39.99% | 9 | 26 | 100.00 - 109.99 | 20 | 40.00 - 44.99% | 12 | 27 | 110.00 - 124.99 | 25 | 45.00 - 49.99% | 15 | 28 | 125.00 - 139.99 | 30 | 50.00 - 54.99% | 18 | 29 | 140.00 - 159.99 | 35 | 55.00 - 59.99% | 21 | 30 | 160.00 - 179.99 | 40 | 60.00 - 64.99% | 24 | | 1 | 180.00 - 199.99 | 45 | 65.00 - 69.99% | 27 | 2 | 200.00 or greater | 50 | 70.00% or greater | 30 |
|
3 | (2) The municipal tax rate on the market value of real |
4 | property (adjusted mill rate) in the municipality for the |
5 | most recent year and the percentage increase in the amount of |
6 | that adjusted mill rate in the most recent five-year period: |
7 8 9 10 | Adjusted Mill Rate | Scoring | Gross Percentage Increase in Adjusted Mill Rate | Scoring | 11 | 0.00 - 5.99 | 0 | 0.00 - 3.99% | 0 | 12 | 6.00 - 7.99 | 5 | 4.00 - 6.99% | 3 | 13 | 8.00 - 9.99 | 10 | 7.00 - 9.99% | 6 | 14 | 10.00 - 11.99 | 15 | 10.00 - 12.99% | 9 | 15 | 12.00 - 12.99 | 20 | 13.00 - 15.99% | 12 | 16 | 13.00 - 13.99 | 25 | 16.00 - 18.99% | 15 | 17 | 14.00 - 14.99 | 30 | 19.00 - 21.99% | 18 | 18 | 15.00 - 15.99 | 35 | 22.00 - 24.99% | 21 | 19 | 16.00 - 16.99 | 40 | 25.00 - 27.99% | 24 | 20 | 17.00 - 17.99 | 45 | 28.00 - 30.99% | 27 | 21 | 18.00 or greater | 50 | 31.00% or greater | 30 |
|
22 | (3) For the most recent year, the result of the total |
23 | municipal bonded debt plus the total municipal floating debt |
24 | less the total municipal credits against municipal debt is |
25 | divided by the population of the municipality as of the last |
26 | Federal census: |
27 28 | Net Debt Per Capita | Scoring | 29 | $ 0.00 - 9.99 | 0 | 30 | 10.00 - 19.99 | 8 | | 1 | 20.00 - 29.99 | 16 | 2 | 30.00 - 39.99 | 24 | 3 | 40.00 - 49.99 | 32 | 4 | 50.00 - 59.99 | 40 | 5 | 60.00 - 69.99 | 48 | 6 | 70.00 - 79.99 | 56 | 7 | 80.00 - 89.99 | 64 | 8 | 90.00 - 99.99 | 72 | 9 | 100.00 or greater | 80 |
|
10 | (4) For the most recent year, the result of the total |
11 | municipal bonded debt plus the total municipal floating debt |
12 | less the total municipal credits against municipal debt is |
13 | computed as a percentage of the assessed value of real |
14 | property in the municipality: |
15 16 17 18 | Municipal Debt as Percentage of Municipal Property Tax Base | Scoring | 19 | 0.00 - 0.49% | 0 | 20 | 0.50 - 0.99% | 6 | 21 | 1.00 - 1.99% | 12 | 22 | 2.00 - 2.99% | 18 | 23 | 3.00 - 4.49% | 24 | 24 | 4.50 - 5.99% | 30 | 25 | 6.00 - 6.99% | 36 | 26 | 7.00 - 7.99% | 42 | 27 | 8.00 - 8.99% | 48 | 28 | 9.00 - 9.99% | 54 | 29 | 10.00% or greater | 60 |
|
30 | (5) For the most recent year, the result of the total |
|
1 | municipal bonded debt plus the total municipal floating debt |
2 | less the total municipal credits against municipal debt is |
3 | computed as a percentage of the market value of real property |
4 | in the municipality: |
5 6 7 8 | Municipal Debt as Percentage of Potential Municipal Property Tax Base | Scoring | 9 | 0.00 - 0.24% | 0 | 10 | 0.25 - 0.49% | 6 | 11 | 0.50 - 0.99% | 12 | 12 | 1.00 - 1.49% | 18 | 13 | 1.50 - 1.99% | 24 | 14 | 2.00 - 2.99% | 30 | 15 | 3.00 - 3.49% | 36 | 16 | 3.50 - 3.99% | 42 | 17 | 4.00 - 4.49% | 48 | 18 | 4.50 - 4.99% | 54 | 19 | 5.00% or greater | 60 |
|
20 | (6) For the most recent year, the municipal bonded debt |
21 | retired during the preceding 12 months plus the interest paid |
22 | during the preceding 12 months on all municipal debt is |
23 | computed as a percentage of the total taxes collected by the |
24 | municipality for the same period: |
25 26 27 28 | Debt Service as Percentage of Municipal Tax Revenue | Scoring | 29 | 0.00 - 4.49% | 0 | 30 | 4.50 - 5.49% | 8 | | 1 | 4.50 - 5.49% | 16 | 2 | 6.50 - 7.49% | 24 | 3 | 7.50 - 8.49% | 32 | 4 | 8.50 - 9.49% | 40 | 5 | 9.50 - 10.49% | 48 | 6 | 10.50 - 11.49% | 56 | 7 | 11.50 - 12.49% | 64 | 8 | 12.50 - 13.49% | 72 | 9 | 13.50% or greater | 80 |
|
10 | (7) The market value of real property in the |
11 | municipality for the current year is divided by the |
12 | population of the municipality as of the last Federal census, |
13 | and the percentage increase in the amount of market value per |
14 | capita in the most recent year over the amount of market |
15 | value per capita in the most recent five-year period: |
16 17 18 19 | Market Value Per Capita | Scoring | Gross Percentage Increase in Market Value Per Capita | Scoring | 20 | $8,000 or greater | 0 | 41.00% or greater | 0 | 21 | 7,500 - 7,999 | 5 | 39.00 - 40.99% | 3 | 22 | 7,000 - 7,499 | 10 | 35.00 - 38.99% | 6 | 23 | 6,500 - 6,999 | 15 | 31.00 - 34.99% | 9 | 24 | 6,000 - 6,499 | 20 | 27.00 - 30.99% | 12 | 25 | 5,500 - 5,999 | 25 | 23.00 - 26.99% | 15 | 26 | 5,000 - 5,499 | 30 | 19.00 - 22.99% | 18 | 27 | 4,500 - 4,999 | 35 | 15.00 - 18.99% | 21 | 28 | 4,000 - 4,499 | 40 | 11.00 - 14.99% | 24 | 29 | 3,500 - 3,999 | 45 | 7.00 - 10.99% | 27 | 30 | 0 - 3,499 | 50 | 0.00 - 6.99% | 30 |
|
|
1 | (8) For the most recent year, adjusted total municipal |
2 | expenditures (total municipal expenditures less any municipal |
3 | urban renewal expenditures and less any municipal enterprise |
4 | expenditures) divided by the population of the municipality |
5 | as of the last Federal census and the percentage increase in |
6 | the amount of adjusted total municipal expenditures per |
7 | capita in the most recent year over the amount of adjusted |
8 | total municipal expenditures per capita in the most recent |
9 | five-year period: |
10 11 12 13 14 | Adjusted Total Municipal Expenditure Per Capita | Scoring | Gross Percentage Increase in Adjusted Total Municipal Expenditures Per Capita | Scoring | 15 | $ 0.00 - 149.99 | 0 | 0.00 - 13.99% | 0 | 16 | 150.00 - 164.99 | 5 | 14.00 - 17.99% | 3 | 17 | 165.00 - 179.99 | 10 | 18.00 - 21.99% | 6 | 18 | 180.00 - 194.99 | 15 | 22.00 - 25.99% | 9 | 19 | 195.00 - 209.99 | 20 | 26.00 - 29.99% | 12 | 20 | 210.00 - 224.99 | 25 | 30.00 - 33.99% | 15 | 21 | 225.00 - 239.99 | 30 | 34.00 - 37.99% | 18 | 22 | 240.00 - 254.99 | 35 | 38.00 - 41.99% | 21 | 23 | 255.00 - 269.99 | 40 | 42.00 - 45.99% | 24 | 24 | 270.00 - 284.99 | 45 | 46.00 - 48.99% | 27 | 25 | 285.00 or greater | 50 | 49.00% or greater | 30] |
|
26 | (d) Levels of distress.--The three levels of municipal |
27 | pension system financial distress shall be as follows: |
28 | (1) Minimal [financial] distress, which shall include |
29 | any municipality which has a distress determination scoring |
30 | [greater than zero but not greater than 299] equal to one. |
|
1 | (2) Moderate [financial] distress, which shall include |
2 | any municipality which has a distress determination scoring |
3 | equal to [or greater than 300 but not greater than 499] two |
4 | or greater than two but with an unfunded actuarial accrued |
5 | liability of less than $50,000. |
6 | (3) Severe [financial] distress, which shall include any |
7 | municipality which has a distress determination scoring equal |
8 | to [or greater than 500] three and an unfunded actuarial |
9 | accrued liability of not less than $50,000. |
10 | Section 602. Application. |
11 | (a) Generally.--The various remedies contained in this |
12 | recovery program shall be available to municipalities based on |
13 | the extent of financial distress of the municipal pension system |
14 | determined by the commission, as provided in this section. |
15 | (b) Minimally distressed municipal pension systems.--The |
16 | remedies contained in level I of the recovery program as |
17 | specified in section 604 shall apply to any municipality which |
18 | [seeks to utilize them, whether the municipality] is minimally |
19 | distressed, as that status is defined based upon the actuarial |
20 | considerations [and municipal finance considerations] of the |
21 | determination procedure pursuant to section 503 [is not |
22 | determined to be distressed or is determined to be distressed |
23 | but elects not to participate in level II of section 605 or |
24 | level III of section 606 of the recovery program, whichever is |
25 | applicable]. |
26 | (c) Moderately distressed municipal pension systems.--The |
27 | remedies contained in level II of the recovery program as |
28 | specified in section 605 shall apply to any municipality which |
29 | is determined to be moderately distressed, as that status is |
30 | defined based on the actuarial considerations [and municipal |
|
1 | finance considerations] of the determination procedure in rules |
2 | and regulations issued by the commission pursuant to section |
3 | 503[, which complies with any applicable preconditions for |
4 | participation in this level of the recovery program and which |
5 | elects to participate in this level of the recovery program]. |
6 | (d) Severely distressed municipal pension systems.--The |
7 | remedies contained in level III of the recovery program as |
8 | specified in section 606 shall apply to any municipality which |
9 | is determined to be severely distressed, as that status is |
10 | defined based on the actuarial considerations [and municipal |
11 | finance considerations] of the determination procedure in rules |
12 | and regulations issued by the commission pursuant to section |
13 | 503[, which complies with any applicable preconditions for |
14 | participation in this level of the recovery program and which |
15 | elects to participate in this level of the recovery program]. |
16 | (e) Continuation of elected remedies.--[In the event that |
17 | the extent of financial distress of a municipal pension system |
18 | determined by the commission subsequent to the initial |
19 | determination is lower than the minimum prescribed in section |
20 | 503(d) for a recovery program level previously elected by a |
21 | municipality, the] A municipality may continue to utilize any of |
22 | the remedies elected and implemented while it was eligible to |
23 | participate in [a higher recovery program level, provided that |
24 | the municipality continues to comply with the preconditions for |
25 | participation in the higher recovery program level and to |
26 | utilize the mandatory remedies applicable to the higher recovery |
27 | program level.] any recovery program authorized by this act at |
28 | the time of commencement and implementation. Any change or |
29 | amendment of recovery remedies in this act subsequent to |
30 | election and implementation shall be deemed to be cumulative and |
|
1 | not in lieu of previously adopted remedies. |
2 | Section 8. Section 603 of the act is amended to read: |
3 | Section 603. [Election] Determination procedure. |
4 | The [election to utilize the various remedies contained in |
5 | one of the levels of the recovery program shall be made by the |
6 | governing body of the municipality. The election] determination |
7 | process shall be initiated by [an application filed with] the |
8 | commission for the determination of financial distress with |
9 | respect to the municipal pension system pursuant to section 501. |
10 | Upon notification of the determination of financial distress by |
11 | the commission, the municipality shall elect whether or not to |
12 | utilize the voluntary remedies of any level of the recovery |
13 | program which may be applicable to the municipality. [Any |
14 | election to utilize the remedies contained in a level of the |
15 | recovery program shall be made on forms prescribed by the |
16 | commission and shall include any information required by the |
17 | commission.] |
18 | Section 9. Section 604 of the act, amended February 14, 1986 |
19 | (P.L.23, No.9), is amended to read: |
20 | Section 604. Recovery program level I. |
21 | (a) Level I.--Any municipality to which level I of the |
22 | recovery program applies may utilize the following remedies: |
23 | (1) The aggregation of trust funds pursuant to section |
24 | 607(b). |
25 | (2) The establishment of total member contribution |
26 | pursuant to section 607(c). |
27 | (3) The deviation from municipal contribution |
28 | limitations pursuant to section 607(d). |
29 | (4) The special municipal taxing authority pursuant to | <-- |
30 | section 607(f). |
|
1 | [(b) Implementation.--Any municipality which receives an |
2 | initial distress determination scoring in 1985 which is equal to |
3 | or greater than 200, but not greater than 299, and cannot meet |
4 | the minimum municipal obligation for the year 1986 because the |
5 | payment of the minimum municipal obligation would result in the |
6 | municipality exceeding the maximum contribution limitation for |
7 | that municipality as set forth in the pertinent laws for that |
8 | class of municipality, may delay the implementation of the full |
9 | funding of the minimum municipal obligation until 1987. Any |
10 | municipality electing to delay full implementation of the |
11 | minimum municipal obligation shall make a municipal contribution |
12 | for 1986 as set forth in section 607(g). In addition to the one- |
13 | year delay of the full actuarial funding standard, the |
14 | municipality may utilize the following additional remedies: |
15 | (1) The deviation from municipal contribution |
16 | limitations pursuant to section 607(d). |
17 | (2) The special municipal taxing authority pursuant to |
18 | section 607(f).] |
19 | (c) Reduction for Level I municipalities.-- |
20 | (1) A level I municipality may elect to pay a reduced |
21 | minimum municipal obligation consisting of the normal cost |
22 | and administrative expenses of the pension plans plus: |
23 | (i) 75% of the amortization contribution |
24 | requirement, calculated according to section 202(b)(4); |
25 | minus |
26 | (ii) anticipated member contributions. |
27 | (2) This reduction of payments to amortize the actuarial |
28 | accrued liability shall be authorized for a period of one |
29 | biennial actuarial valuation reporting period (total of two |
30 | years) under section 607(h.1). At the end of this period, |
|
1 | section 302(c) shall apply to the minimum municipal |
2 | obligation calculation. |
3 | (d) Asset valuation.-- |
4 | (1) Upon Following the expiration of the period | <-- |
5 | applicable to asset valuation under section 210(c), for an |
6 | additional period of one biennial actuarial valuation |
7 | reporting period (allowing an additional two years for a |
8 | total of four years), a level I municipality may utilize a |
9 | method for valuing assets that may not produce a result that, |
10 | in total, is: |
11 | (i) greater than 130% of the fair market value of |
12 | the assets of the municipal pension plan; or |
13 | (ii) less than 70% of the fair market value of the |
14 | assets of the municipal pension plan. |
15 | (2) At the end of the additional period under paragraph |
16 | (1), section 210 shall apply to the actuarial valuation of |
17 | assets. |
18 | Section 10. Sections 605 and 606 of the act are amended to |
19 | read: |
20 | Section 605. Recovery program level II. |
21 | (a) Mandatory remedies.--Any municipality to which level II |
22 | of the recovery program applies shall utilize the following |
23 | remedies: |
24 | (1) The aggregation of trust funds pursuant to section |
25 | 607(b). |
26 | (2) The submission of a plan for administrative |
27 | improvement pursuant to section 607(i). |
28 | (b) Discretionary remedies.--Any municipality to which level |
29 | II of the recovery program applies may utilize the following |
30 | remedies: |
|
1 | (1) [The aggregation of trust funds pursuant to section |
2 | 607(b). |
3 | (2)] The establishment of total member contributions |
4 | pursuant to section 607(c). |
5 | [(3)] (2) The deviation from municipal contribution |
6 | limitations pursuant to section 607(d). |
7 | [(4)] (3) The establishment of a revised benefit plan |
8 | for newly hired municipal employees pursuant to section |
9 | 607(e). |
10 | [(5)] (4) The special municipal taxing authority |
11 | pursuant to section 607(f). |
12 | [(6) The delayed implementation of funding standard over |
13 | ten years pursuant to section 607(g). |
14 | (7) Supplemental State assistance pursuant to section |
15 | 607(j).] |
16 | (8) (i) A level II municipality may elect to pay a |
17 | reduced minimum municipal obligation consisting of the |
18 | normal cost and administrative expenses of the pension |
19 | plan plus: |
20 | (A) 75% of the amortization contribution |
21 | requirement, calculated according to section 202(b) |
22 | (4); minus |
23 | (B) anticipated member contributions. |
24 | (ii) This reduction of payments to amortize the |
25 | actuarial accrued liability shall be authorized for a |
26 | period of two consecutive actuarial valuation reporting |
27 | periods (total of four years) under section 607(h.1). At |
28 | the end of this period, section 302(c) shall apply to the |
29 | minimum municipal obligation calculation. |
30 | (9) (i) Upon Following the expiration of the period | <-- |
|
1 | applicable to the asset valuation provisions of section |
2 | 210(c), for an additional period of two biennial |
3 | actuarial valuation reporting periods (allowing an |
4 | additional four years for a total of six years), a level |
5 | II municipality may utilize a method for valuing assets |
6 | that may not produce a result that in total is: |
7 | (A) greater than 130% of a period of two |
8 | consecutive actuarial valuation reporting periods |
9 | (total of four years); or |
10 | (B) less than 70% of the fair market value of |
11 | the assets of the municipal pension plan. |
12 | (ii) At the end of the additional period under |
13 | subparagraph (i), section 210 shall apply to the |
14 | actuarial valuation of assets. |
15 | (c) Benefit modification.--No benefit plan modification |
16 | shall be adopted unless the actuarial value of the assets of the |
17 | pension plan are: |
18 | (1) at least equal to 100% 90% of the actuarial value of | <-- |
19 | liabilities prior to adoption; and |
20 | (2) at least 90% 80% of the actuarial value of | <-- |
21 | liabilities after adoption. |
22 | Section 606. Recovery program level III. |
23 | (a) Optional [remedies] remedy.--Any municipality to which |
24 | level III of the recovery program applies may utilize the |
25 | [following remedies: |
26 | (1) The establishment of total member contributions |
27 | pursuant to section 607(c). |
28 | (2) The deviation from municipal contribution |
29 | limitations pursuant to section 607(d). |
30 | (3) The] special municipal taxing authority pursuant to |
|
1 | section 607(f). |
2 | [(4) The delayed implementation of funding standard over |
3 | ten years pursuant to section 607(g) or the delayed |
4 | implementation of funding standard over 15 years with 40-year |
5 | amortization pursuant to section 607(h). |
6 | (5) Supplemental State assistance pursuant to section |
7 | 607(j).] |
8 | (b) Mandatory remedies.--Any municipality to which level III |
9 | of the recovery program applies shall utilize the following |
10 | remedies: |
11 | [(1) The aggregation of trust funds pursuant to section |
12 | 607(b). |
13 | (2) The establishment of a revised benefit plan for |
14 | newly hired municipal employees pursuant to section 607(e). |
15 | The revised benefit plan shall have a normal cost which is |
16 | less than the normal cost of the benefit plan applicable to |
17 | current municipal employees as reported in the most recent |
18 | prior actuarial valuation report for the pension plan. In |
19 | making this determination, the normal cost for the revised |
20 | benefit plan shall be calculated by applying the revised |
21 | benefit plan to the current active membership demographics. |
22 | (3) The preparation, submission and implementation of a |
23 | plan for improvement of the administration of the pension |
24 | plan or plans pursuant to section 607(i).] |
25 | (1) Participation in the Municipal Pension Recovery |
26 | Program for active, vested and retired municipal employees |
27 | under section 608.1. |
28 | (i) The amortization target date for the unfunded |
29 | actuarial accrued liability in existence as of the first |
30 | day of the valuation year in which a municipality is |
|
1 | determined to be severely distressed shall be 30 years. |
2 | The annual amortization contribution shall be calculated |
3 | on the basis of a level annual dollar amortization |
4 | contribution specified in section 202. |
5 | (ii) The biennial actuarial valuation report filed |
6 | on behalf of each level III municipality shall utilize an |
7 | actuarial assumption as to investment earnings that is |
8 | equal to the regular interest rate fixed by the |
9 | Pennsylvania Municipal Retirement Board, from time to |
10 | time, plus 1.5%. |
11 | (iii) Each level III municipality shall pay a |
12 | reduced minimum municipal obligation consisting of an |
13 | amount equal to: |
14 | (A) the normal cost and administrative expenses |
15 | of the pension plan; minus |
16 | (B) anticipated member contributions; plus |
17 | (C) a percentage of the amortization |
18 | contribution requirement calculated according to |
19 | section 202(b)(4). |
20 | (iv) Payment under subparagraph (iii) shall be |
21 | pursuant to the following schedule, beginning with the |
22 | year in which the municipality is first determined to be |
23 | severely distressed and subject to level III: |
24 25 | First year | 12.5% of amortization contribution | 26 | Second year | 25% of amortization contribution | 27 28 | Third year | 37.5% of amortization contribution | 29 | Fourth year | 50% of amortization contribution | 30 | Fifth year | 62.5% of amortization | | 1 | | contribution | 2 | Sixth year | 75% of amortization contribution | 3 4 | Seventh year | 87.5% of amortization contribution | 5 | Eighth year and thereafter | 100% of amortization contribution |
|
6 | (v) Upon Following the expiration of the period | <-- |
7 | applicable to the asset valuation provisions of section |
8 | 210(c), a level III municipality may utilize a method for |
9 | valuing assets that may not produce a result that in |
10 | total is greater than 130% or less than 70% of the fair |
11 | market value of the assets of the municipal pension plan, |
12 | for an additional period of two biennial actuarial |
13 | valuation reporting periods (allowing an additional four |
14 | years for a total of six years), at the end of which |
15 | period the actuarial valuation of assets shall revert to |
16 | the method provided by section 210. |
17 | (2) Participation in the Cooperative Municipal Pension |
18 | Program for newly hired municipal employees under section |
19 | 608.2. |
20 | Section 11. Section 607(b), (e), (f), (g), (h), (j) and (k) |
21 | of the act, amended February 14, 1986 (P.L.23, No.9), December |
22 | 10, 1996 (P.L.934, No.150) and June 18, 1998 (P.L.626, No.82), |
23 | are amended and the section is amended by adding subsections to |
24 | read: |
25 | Section 607. Remedies applicable to various recovery program |
26 | levels. |
27 | * * * |
28 | (b) Aggregation of trust funds.--If the municipality has |
29 | established and maintained more than one pension plan for its |
30 | employees and there are pension funds associated with those |
|
1 | pension plans, the municipality may aggregate the assets to the |
2 | credit of the various pension funds into a single pension trust |
3 | fund. Subsequent to the aggregation, the pension trust fund |
4 | shall be the funding mechanism for all pension plans connected |
5 | with the aggregation. |
6 | (1) Each pension plan subject to the aggregation shall |
7 | have an undivided participation in the assets of the combined |
8 | pension trust fund. For accounting purposes, the value of the |
9 | participation by each plan shall be calculated annually. The |
10 | value for the initial year following aggregation shall be |
11 | that portion of the total value of the pension trust fund |
12 | which bears the same relationship that the value of the |
13 | assets of the pension plan, as of the date of the aggregation |
14 | plus the contributions received by the pension trust fund |
15 | with respect to that pension plan since the date of |
16 | aggregation and reduced by the amount of retirement annuities |
17 | and benefits paid from the pension trust fund for annuitants |
18 | and benefit recipients of that pension plan since the date of |
19 | aggregation, bears to the total value of all assets |
20 | transferred to the pension trust fund as of the date of |
21 | aggregation plus the total contributions received by the |
22 | pension trust fund since the date of aggregation and reduced |
23 | by the total amount of retirement annuities and benefits paid |
24 | for all annuitants and benefit recipients since the date of |
25 | aggregation. The value of the participation for each year |
26 | subsequent to the initial year following aggregation shall be |
27 | that portion of the total value of the pension trust fund |
28 | which bears the same relationship that the value of the |
29 | participation of the pension plan, as of the close of the |
30 | preceding year plus the contributions received by the pension |
|
1 | trust fund with respect to that pension plan during the year |
2 | and reduced by the amount of retirement annuities and |
3 | benefits paid from the pension trust fund for annuitants and |
4 | benefit recipients of that pension plan during the year, |
5 | bears to the total value of all participation in the pension |
6 | trust fund as of the close of the preceding year plus the |
7 | total contributions received by the pension trust fund during |
8 | the year and reduced by the total amount of retirement |
9 | annuities and benefits paid for all annuitants and benefit |
10 | recipients during the year. |
11 | (2) Legal title to assets in the aggregated pension |
12 | trust fund shall be in the municipality as trustee, or its |
13 | nominees as trustees, for any person having a beneficial |
14 | interest in a particular pension plan which is associated |
15 | with the pension trust fund. |
16 | (3) The assets of the aggregated pension trust fund |
17 | shall be invested in investment securities which are |
18 | authorized investments pursuant to any applicable law for any |
19 | of the associated pension plans. |
20 | (4) Investment earnings shall be allocated to each |
21 | associated pension plan in proportion to the most recently |
22 | determined participation value. |
23 | (5) Valuation of assets shall be pursuant to the |
24 | provisions of section 202(e)(1) and any applicable rules and |
25 | regulations issued by the commission. |
26 | (6) The aggregated pension trust fund shall be managed |
27 | by a board of trustees. The board of trustees shall include |
28 | at least one representative of the active membership of each |
29 | pension plan included in the aggregated pension trust fund, |
30 | who shall be elected by the active membership of the |
|
1 | applicable pension plan. The remaining members of the board |
2 | of trustees shall be drawn from the managing boards or |
3 | entities of the associated pension plans, in a number equal |
4 | to the members elected by the employees. If there is a |
5 | deadlock, the members of the managing boards or entities |
6 | shall mutually agree upon a member of the general public to |
7 | cast the deciding vote. |
8 | * * * |
9 | (e) Establishment of a revised benefit plan for newly hired |
10 | municipal employees.--The municipality may establish a revised |
11 | benefit plan of the pension plan applicable to any employee |
12 | first hired on or after the effective date of the instrument |
13 | establishing the revised benefit plan. At the option of the |
14 | municipality, the revised benefit plan may be extended to |
15 | include an employee first hired prior to the effective date of |
16 | the instrument establishing the revised benefit who elects the |
17 | coverage. The revised benefit plan may provide for defined |
18 | benefits, defined contributions or a combination of both. Member |
19 | contributions with respect to [the] a revised defined benefit |
20 | plan of the pension plan shall at a minimum be equal to or |
21 | exceed 30% and at a maximum not to exceed 50%, of the normal |
22 | cost of the pension plan, expressed as a percentage of covered |
23 | payroll, as reported in the most recent actuarial valuation |
24 | report of the pension plan. A revised defined contribution plan |
25 | shall be centrally administered and invested and shall provide |
26 | for mandatory employee contributions of not less than 6% of |
27 | covered payroll and a matching employer contribution not to |
28 | exceed 6% of covered payroll. A revised benefit plan for newly |
29 | hired municipal employees shall be developed with consultation |
30 | with representatives of the collective bargaining unit |
|
1 | applicable to the affected type of municipal employee, if any, |
2 | and shall be within the scope of collective bargaining pursuant |
3 | to the applicable law subsequent to the establishment of the |
4 | revised benefit plan. |
5 | (f) Special municipal taxing authority.-- |
6 | (1) If the tax rates set by the municipality on earned |
7 | income or on real property are at the maximum provided by |
8 | applicable law, the municipality may increase its tax on |
9 | either earned income or real property above those maximum |
10 | rates. The proceeds of this special municipal tax increase |
11 | shall be used solely to defray the additional costs required |
12 | to be paid pursuant to this act which are directly related to |
13 | the pension plans of the municipality. The municipality |
14 | utilizing this special municipal taxing authority shall not |
15 | reduce the level of municipal contributions to the pension |
16 | plans prior to the implementation of the special municipal |
17 | taxing authority. |
18 | (2) The average level of municipal contributions to the |
19 | pension plans from all revenue sources for the three years |
20 | immediately prior to the implementation of the special |
21 | municipal taxing authority shall be expressed as a percentage |
22 | of the average covered payroll for that same three-year |
23 | period: Provided, however, That any supplemental |
24 | contributions made to the plans pursuant to any pension |
25 | recovery legislation enacted by the municipalities shall be |
26 | excluded for purposes of determining the level of municipal |
27 | contribution to the pension plans prior to the implementation |
28 | of the special municipal taxing authority. In each year |
29 | subsequent to the implementation of the special municipal |
30 | taxing authority, the municipal contributions to the pension |
|
1 | plan from all revenue sources existing prior to the |
2 | implementation of the special existing municipal taxing |
3 | authority, reduced by any supplemental pension recovery |
4 | contributions, shall equal or exceed this average percentage |
5 | of the current covered payroll. A municipality utilizing the |
6 | provisions of section 404 may levy or continue to levy the |
7 | special municipal tax increase under this subsection provided |
8 | that the municipality does not reduce the level of municipal |
9 | contributions to the pension plans prior to the |
10 | implementation of the special municipal taxing authority. In |
11 | executing the procedure prescribed in this subsection to |
12 | determine the level of municipal contributions, the debt |
13 | service payments for bonds or notes issued under section 404 |
14 | shall be considered municipal contributions. |
15 | (f.1) Limitation on special municipal taxing authority.-- |
16 | Beginning January 1, 2010, and continuing for each year |
17 | thereafter, no special municipal tax increase may the special | <-- |
18 | municipal tax authorized in subsection (f) may no longer be |
19 | assessed or used for any purpose other than to defray the |
20 | additional costs required to be paid pursuant to this act and |
21 | which are directly related to the pension plans of the |
22 | municipality and which are included in the calculation of the |
23 | financial requirements of the pension plan and the minimum |
24 | municipal obligation. If the municipality assesses or utilizes |
25 | the special municipal tax increase to fund other post-employment |
26 | benefits, the cost of those benefits shall be subject to the |
27 | actuarial funding and reporting standards of this act. |
28 | [(g) Delayed implementation of funding standard over ten |
29 | years.--The municipality may delay full implementation of the |
30 | actuarial funding standard specified in section 302 or 303, |
|
1 | whichever is applicable, over a period not to exceed ten years |
2 | in duration, and may calculate that actuarial funding standard |
3 | on the basis of a 30-year amortization period for the increment |
4 | of unfunded actuarial accrued liability in existence as of the |
5 | beginning of the plan year occurring in calendar year 1985. |
6 | During the delayed implementation period, the municipality shall |
7 | make a municipal contribution to each municipal pension plan of |
8 | an amount equal to not less than the municipal contribution to |
9 | the municipal pension plan made in the immediate prior year and |
10 | the following percentage of the difference between that amount |
11 | and the full minimum municipal obligation with respect to the |
12 | pension plan pursuant to section 302 or 303, whichever is |
13 | applicable: |
14 | Year | Percentage of Difference | 15 | 1985 | 10% | 16 | 1986 | 20% | 17 | 1987 | 30% | 18 | 1988 | 40% | 19 | 1989 | 50% | 20 | 1990 | 60% | 21 | 1991 | 70% | 22 | 1992 | 80% | 23 | 1993 | 90% | 24 | 1994 and thereafter | 100% |
|
25 | The municipality may calculate the annual amortization |
26 | contribution on the basis of a level percentage of future |
27 | increasing covered payroll amortization contribution rather than |
28 | on the basis of the level annual dollar amortization |
29 | contribution specified in section 202. |
30 | (h) Delayed implementation of funding standard over 15 |
|
1 | years; 40-year amortization period.--The municipality may delay |
2 | full implementation of the actuarial funding standard specified |
3 | in section 302 or 303, whichever is applicable, over a period |
4 | not to exceed 15 years in duration and may calculate that |
5 | actuarial funding standard on the basis of a 40-year |
6 | amortization period for the increment of unfunded actuarial |
7 | accrued liability in existence as of the beginning of the plan |
8 | year occurring in calendar year 1985. During the delayed |
9 | implementation period, the municipality shall make a municipal |
10 | contribution to each municipal pension plan of an amount equal |
11 | to not less than the municipal contribution to the municipal |
12 | pension plan made in the immediate prior year and the following |
13 | percentage of the difference between that amount and the full |
14 | minimum municipal obligation with respect to the pension plan |
15 | pursuant to section 302 or 303, whichever is applicable, |
16 | calculated using the applicable 40-year amortization period: |
17 | Year | Percentage of Difference | 18 | 1985 | 6.7% | 19 | 1986 | 13.4% | 20 | 1987 | 20.1% | 21 | 1988 | 26.8% | 22 | 1989 | 33.5% | 23 | 1990 | 40.2% | 24 | 1991 | 46.9% | 25 | 1992 | 53.6% | 26 | 1993 | 60.3% | 27 | 1994 | 67.0% | 28 | 1995 | 73.7% | 29 | 1996 | 80.4% | 30 | 1997 | 87.1% | | 1 | 1998 | 93.8% | 2 | 1999 | 100.0% |
|
3 | The municipality may calculate the annual amortization |
4 | contribution on the basis of a level percentage of future |
5 | increasing covered payroll amortization contribution rather than |
6 | on the basis of the level annual dollar amortization |
7 | contribution specified in section 202.] |
8 | (h.1) Reduced minimum municipal obligation.-- |
9 | (1) The time period for use of the reduced minimum |
10 | municipal obligation and reduced amortization payment shall |
11 | be limited to the period applicable to the municipality's |
12 | level of distress as last determined by the commission. |
13 | (2) If a municipality's distress level becomes worse as |
14 | of a future filing period, the special amortization and |
15 | minimum municipal contribution remedy shall be extended by |
16 | the difference between: |
17 | (i) the period allowed for the previous distress |
18 | level; and |
19 | (ii) the period applicable to the new level of |
20 | distress. |
21 | (3) If a municipality's distress level improves, the |
22 | reduced minimum municipal obligation and special amortization |
23 | period shall continue for the duration of the period |
24 | applicable to the previous distress level determination. |
25 | * * * |
26 | [(j) Supplemental State assistance.--If every pension plan |
27 | of the municipality which is a defined benefit plan and which is |
28 | self-insured in whole or in part has filed an actuarial |
29 | valuation report utilizing the standardized actuarial cost |
30 | method and economic actuarial assumptions within the range of |
|
1 | actuarial assumptions specified in section 202(b) and if the |
2 | municipality has implemented the aggregation of trust funds |
3 | pursuant to subsection (b), the municipality may receive |
4 | supplemental State assistance from the Supplemental State |
5 | Assistance Fund established pursuant to section 608. The amount |
6 | of the supplemental State assistance to which the municipality |
7 | is entitled shall be determined annually based on the |
8 | determination scoring which the municipality received from the |
9 | commission pursuant to section 503, as follows: |
10 | (1) The determination score of the municipality shall be |
11 | reduced by an amount equal to 25% of the maximum possible |
12 | determination score. |
13 | (2) The result calculated pursuant to paragraph (1) |
14 | shall be expressed as a percentage of the maximum possible |
15 | determination score. |
16 | (2.1) For the supplemental State assistance distributed |
17 | in December of 1997, the percentage calculated pursuant to |
18 | paragraph (2) shall be applied to the dollar amount of |
19 | difference between the greater of the amount of the municipal |
20 | contribution or the amount of the actual municipal deposit to |
21 | all municipal pension plans in aggregate and the full minimum |
22 | municipal obligation with respect to the pension plans |
23 | pursuant to section 302 or 303, whichever is applicable, to |
24 | determine the amount of supplemental State assistance for the |
25 | municipality. |
26 | (3) For the supplemental State assistance distributed in |
27 | December of 1998 and thereafter, the percentage calculated |
28 | pursuant to paragraph (2) shall be applied to the dollar |
29 | amount of difference between the amount of the municipal |
30 | contribution to all municipal pension plans in aggregate and |
|
1 | the full minimum municipal obligation with respect to the |
2 | pension plan pursuant to section 302 or 303, whichever is |
3 | applicable, to determine the amount of supplemental State |
4 | assistance for the municipality. For the purposes of this |
5 | paragraph, the municipal contribution of a municipality that |
6 | has issued bonds or notes to fund an unfunded actuarial |
7 | accrued liability under the act of July 12, 1972 (P.L.781, |
8 | No.185), known as the Local Government Unit Debt Act, or |
9 | under other laws applicable to the municipality, shall |
10 | include debt service on the bonds or notes, or both, issued |
11 | to fund an unfunded actuarial accrued liability. |
12 | In the event that the total amount of supplemental State |
13 | assistance determined as payable to all municipalities entitled |
14 | to receive supplemental State assistance exceeds the maximum |
15 | appropriation provided for in section 608(b), the amount of |
16 | supplemental State assistance which shall be payable to each |
17 | municipality shall be proportionately reduced. The supplemental |
18 | State assistance shall be distributed annually on the first |
19 | business day occurring in December. For the purposes of this |
20 | subsection, the term "municipal contribution" shall mean the sum |
21 | of the current year's minimum municipal obligation, the annual |
22 | interest payable on any current or prior period funding |
23 | deficiencies and the total amount of any discretionary deposits |
24 | to the pension fund in the current year. |
25 | (k) Emergency loan procedures.--The municipality may receive |
26 | a loan from the Supplemental State Assistance Fund in any year |
27 | during the existence of the fund in an amount certified by the |
28 | commission. The loan amount shall be sufficient to eliminate the |
29 | possibility of imminent default during the next 12 consecutive |
30 | calendar months in the payment of retirement and other benefits |
|
1 | by one or more of the pension plans maintained by the |
2 | municipality. Terms for the repayment of any loan shall be |
3 | established by agreement between the municipality and the |
4 | commission prior to the loan.] |
5 | Section 12. Section 608 of the act is amended to read: |
6 | [Section 608. Supplemental State Assistance Program and Fund. |
7 | (a) Establishment.--There is hereby established a |
8 | Supplemental State Assistance Program and Fund. The Supplemental |
9 | State Assistance Fund shall be comprised of a Supplemental State |
10 | Assistance Account. The Supplemental State Assistance Program |
11 | and Fund shall be administered by the Auditor General. |
12 | (b) Supplemental State Assistance Account.--Supplemental |
13 | State assistance payable pursuant to section 607(j) shall be |
14 | paid from the Supplemental State Assistance Account. The |
15 | Supplemental State Assistance Account shall be funded from an |
16 | appropriation by the Commonwealth from the General Fund of the |
17 | Commonwealth. Annually the commission shall calculate the amount |
18 | of supplemental State assistance payable to all eligible |
19 | municipalities and shall certify the required amount to the |
20 | General Assembly. The amount of any annual certification of an |
21 | appropriation by the commission shall not exceed $35,000,000. |
22 | The General Assembly shall make an appropriation to the |
23 | Supplemental State Assistance Account sufficient to provide for |
24 | the amount certified by the commission. The appropriation shall |
25 | be deposited on the last business day in November annually. |
26 | (c) Preconditions.--As a precondition for the receipt of any |
27 | supplemental State assistance, the municipality shall |
28 | demonstrate prior good faith compliance with any applicable |
29 | municipal pension plan actuarial funding standard in effect. . |
30 | The municipality shall also implement any mandatory aspects of |
|
1 | the applicable recovery program level. |
2 | (d) Warrants.--Any supplemental State assistance shall be |
3 | payable on warrants drawn by the Auditor General based on |
4 | certifications of the commission. |
5 | (e) Expiration.--The Supplemental State Assistance Program |
6 | and Fund shall terminate in 2003 or in the first year in which |
7 | there are no municipalities entitled to receive supplemental |
8 | State assistance, whichever occurs earlier.] |
9 | Section 13. The act is amended by adding sections to read: |
10 | Section 608.1. Municipal Pension Recovery Program. |
11 | (a) Establishment.--The Municipal Pension Recovery Program |
12 | is established. The program shall be administered by the |
13 | Pennsylvania Municipal Retirement Board. |
14 | (b) Membership.--Once a municipality is determined to |
15 | qualify for the level III recovery program under section 606, |
16 | any and all pension plans and assets then maintained by the |
17 | municipality shall be transferred to the Pennsylvania Municipal |
18 | Retirement System for administration under the program; and all |
19 | pension rights, privileges and benefits, except hospital, |
20 | medical and other health insurance coverage, shall be governed |
21 | solely and exclusively by the program. No other statute, |
22 | ordinance, contract, arbitration award or practice shall permit |
23 | or authorize any deviation from or alteration of the terms of |
24 | the legislative enactments specifically governing the terms of |
25 | the program. |
26 | (c) Exclusions.--For purposes of this section, multiemployer |
27 | jointly trusteed Taft-Hartley collectively bargained pension |
28 | plans shall not be considered as pension plans and assets then |
29 | maintained by the municipality, and employees subject to |
30 | multiemployer collectively bargained pension plans shall not be |
|
1 | included in the program. |
2 | (d) Liability.-- |
3 | (1) The liability to continue payment of pension |
4 | benefits shall remain the exclusive responsibility of the |
5 | employing municipality. |
6 | (2) Except as set forth in paragraph (3), the minimum |
7 | municipal obligation of each municipality qualified for the |
8 | level III recovery program shall be determined on the basis |
9 | of actuarial valuation reports utilizing the actuarial |
10 | assumptions adopted by the Pennsylvania Municipal Retirement |
11 | Board. |
12 | (3) The investment earnings assumption shall be 1.5% |
13 | higher than the assumption applicable to municipalities |
14 | participating under Article II, III or IV of act of February |
15 | 1, 1974 (P.L.34, No.15), known as the Pennsylvania Municipal |
16 | Retirement Law. |
17 | Section 608.2. Cooperative Municipal Pension Program. |
18 | (a) Establishment.--The Cooperative Municipal Pension |
19 | Program is established. The program shall be administered by the |
20 | Pennsylvania Municipal Retirement Board. |
21 | (b) Membership.--Once a municipality is determined to |
22 | qualify for the level III recovery program under section 606, |
23 | all employees subsequently hired or returning to employment |
24 | after separation from service and all employees to whom pension |
25 | coverage is newly extended by the municipality shall be enrolled |
26 | in the program; and all pension rights, privileges and benefits, |
27 | except hospital, medical and other health insurance coverage, |
28 | shall be governed solely and exclusively thereby. No other |
29 | statute, ordinance, contract, arbitration award or practice |
30 | shall permit or authorize any deviation from or alteration of |
|
1 | the terms of the legislative enactments specifically governing |
2 | the terms of the program. |
3 | (c) Benefits.--Superannuation retirement benefits shall be |
4 | calculated as follows: |
5 | (1) In all cities subject to this section, public safety |
6 | employees in the police, fire or emergency services |
7 | departments shall be entitled to superannuation retirement |
8 | upon attainment of age 50 and completion of not less than 20 |
9 | years of service, calculated at the rate of 2.25% of final |
10 | average salary earned during the three highest consecutive |
11 | years of service. |
12 | (2) In all cities subject to this section, general |
13 | municipal employees shall be entitled to superannuation |
14 | retirement upon attainment of age 65 60 and completion of not | <-- |
15 | less than 30 years of service, calculated at the rate of 2% |
16 | of final average salary earned during the three highest |
17 | consecutive years of service. |
18 | (3) In all municipalities other than cities subject to |
19 | this section, public safety employees in the police, fire or |
20 | emergency services departments shall be entitled to |
21 | superannuation retirement upon attainment of age 55 and |
22 | completion of not less than 25 years of service, calculated |
23 | at the rate of 2% of final average salary earned during the |
24 | three highest consecutive years of service. |
25 | (4) In all municipalities other than cities subject to |
26 | these provisions, general municipal employees shall be |
27 | entitled to superannuation retirement upon attainment of age |
28 | 65 60 and completion of not less than 30 years of service, | <-- |
29 | calculated at the rate of 1.5% of final average salary earned |
30 | during the three highest consecutive years of service. |
|
1 | (5) If positions covered by this section are included in |
2 | an agreement under the Social Security Act (49 Stat. 620, 42 |
3 | U.S.C. § 301 et seq.), the benefit set forth in paragraph |
4 | (1), (2), (3) or (4) shall, upon the member's attainment of |
5 | eligibility to receive full Social Security old-age benefits, |
6 | be offset by the amount of the member's full 50% of the | <-- |
7 | member's Social Security old-age insurance benefit calculated |
8 | in accordance with the provisions of the Social Security Act |
9 | in effect on the date of termination of employment. Only |
10 | compensation for services actually rendered by the member and |
11 | covered by the pension system created by this section shall |
12 | be included in calculating the offset under this paragraph. |
13 | (6) As used in this subsection, the term "salary" means | <-- |
14 | the fixed amount of compensation paid at regular, periodic |
15 | intervals by a municipality to the member and from which |
16 | pension contributions have been deducted. The term does not |
17 | include overtime. |
18 | (d) Contributions.-- |
19 | (1) Except as set forth in paragraph (2), all members of |
20 | the cooperative municipal pension and security program shall |
21 | contribute to their pension, by payroll deduction, an amount |
22 | equal to three times the accrual rate appropriate to their |
23 | class of service. |
24 | (2) Members subject to the Social Security offset of |
25 | subsection (c)(5) shall contribute to their pension, by |
26 | payroll deduction, an amount equal to 1.5% times the accrual | <-- |
27 | rate appropriate to their class of service. |
28 | (e) Retirement options.--At the time of retirement, a member |
29 | may elect to receive benefits in a retirement allowance payable |
30 | throughout the member's life. This election is known as a single |
|
1 | life annuity. Instead of receiving a single life annuity, the |
2 | member may elect to receive the equivalent actuarial value at |
3 | the time of retirement in a lesser allowance, payable throughout |
4 | life with provisions that, upon the member's death: |
5 | (1) the member's retirement allowance shall be continued |
6 | throughout the life of and paid to the member's survivor |
7 | annuitant, if then living; or |
8 | (2) one-half of the member's retirement allowance shall |
9 | be continued throughout the life of and paid to the member's |
10 | survivor annuitant, if then living. |
11 | (f) Disability retirement.-- |
12 | (1) This subsection applies to all of the following |
13 | members: |
14 | (i) An active municipal employee who has accumulated |
15 | at least five years of total credited service. |
16 | (ii) An active municipal police officer or municipal |
17 | firefighter regardless of credited years of service. |
18 | (2) A member subject to this subsection under paragraph |
19 | (1) may, upon application, be retired by the board of |
20 | pensions and retirement on a disability allowance if |
21 | determined to be mentally or physically permanently incapable |
22 | of continuing to perform the duties for which the member is |
23 | employed. The disability annuity shall be determined under |
24 | the following paragraphs. |
25 | (3) Multiply: |
26 | (i) the benefit accrual rate applicable to the |
27 | member's retirement plan; by |
28 | (ii) the member's total number of years of credited |
29 | service. |
30 | (4) If the product under paragraph (3) is more than |
|
1 | 16.667, the disability annuity is the product of: |
2 | (i) a standard single life annuity; and |
3 | (ii) the benefit accrual rate applicable to the |
4 | member's retirement plan. |
5 | (5) If the product under paragraph (3) is not more than |
6 | 16.667, the disability annuity is determined as follows: |
7 | (i) Multiply: |
8 | (A) the accrual rate applicable to the member on |
9 | the effective date of the disability; by |
10 | (B) either: |
11 | (I) the total years and partial years of |
12 | credited service the member would have earned if |
13 | the member were to continue as an employee until |
14 | attaining eligibility for a superannuation |
15 | retirement allowance; or |
16 | (II) if the member has attained eligibility |
17 | for a superannuation retirement allowance at the |
18 | time of the disability, the number of years of |
19 | credited service. |
20 | (ii) Divide: |
21 | (A) the product under subparagraph (i); by |
22 | (B) the number of years and partial years of |
23 | credited service earned by the member as of the |
24 | effective date of the disability. |
25 | (iii) Divide: |
26 | (A) 16.667; by |
27 | (B) the number of years and partial years of |
28 | credited service earned by the member as of the |
29 | effective date of the disability. |
30 | (iv) Multiply the standard single life annuity by |
|
1 | the lesser of: |
2 | (A) the quotient under subparagraph (ii); or |
3 | (B) the quotient under subparagraph (iii). |
4 | (g) Service connected disability.-- |
5 | (1) This subsection applies if: |
6 | (i) a member has been found to be eligible for a |
7 | disability annuity; and |
8 | (ii) the disability has been found to be a service |
9 | connected disability. |
10 | (2) A member subject to this subsection under paragraph |
11 | (1) shall receive a supplement equal to: |
12 | (i) 70% of the member's final average salary; minus |
13 | (ii) the sum of: |
14 | (A) the annuity as determined under subsection |
15 | (f); and |
16 | (B) payments paid or payable on account of the |
17 | disability under: |
18 | (I) the act of June 2, 1915 (P.L.736, |
19 | No.338), known as the Workers' Compensation Act; |
20 | (II) the act of June 21, 1939 (P.L.566, |
21 | No.284), known as The Pennsylvania Occupational |
22 | Disease Act; and |
23 | (III) the Social Security Act (49 Stat. 620, |
24 | 42 U.S.C. § 301 et seq.). |
25 | (h) Vesting.--A member who ceases to be an active member for |
26 | any reason after having completed at least ten years of credited |
27 | service but before meeting the superannuation retirement service |
28 | requirement shall be entitled to vest retirement benefits until |
29 | the member attains superannuation retirement age. |
30 | (i) Alternative retirement program.-- |
|
1 | (1) A municipal employee may, within 30 days of |
2 | initiating employment covered by this section, make an |
3 | irrevocable election to participate in an alternative |
4 | independent defined contribution retirement program approved |
5 | by the board. |
6 | (2) To be approved, the alternative defined contribution |
7 | program must: |
8 | (i) centralize management and investment; |
9 | (ii) offer a variety of investment asset |
10 | allocations; and | <-- |
11 | (iii) mandate both the employee and employer to |
12 | contribute 6% of the member's covered payroll; and | <-- |
13 | (iv) Annuitize benefits of retirement. |
14 | (3) An election by an employee to participate shall be |
15 | final, binding and irrevocable and shall apply to all future |
16 | employment with any municipality subject to these provisions. |
17 | (j) Definition.--As used in this section, the term "salary" | <-- |
18 | means the fixed amount of compensation paid at regular, periodic |
19 | intervals by a municipality to the member and from which pension |
20 | contributions have been deducted. |
21 | Section 14. Section 609 of the act is amended to read: |
22 | Section 609. Rules and regulations. |
23 | The commission may issue any rules [and], regulations, |
24 | policies and procedures necessary for the effective |
25 | administration and operation of the provisions of this act. |
26 | Section 15. The act is amended by adding a chapter to read: |
27 | CHAPTER 7-A |
28 | STANDARDS FOR MUNICIPAL PENSION SYSTEMS |
29 | Section 701-A. Definitions. |
30 | The following words and phrases when used in this chapter |
|
1 | shall have the meanings given to them in this section unless the |
2 | context clearly indicates otherwise: |
3 | "Affiliated entity." Any of the following: |
4 | (1) A subsidiary or holding company of a lobbying firm |
5 | or other business entity owned in whole or in part by a |
6 | lobbying firm. |
7 | (2) An organization recognized by the Internal Revenue |
8 | Service as a tax-exempt organization under section 501(c) of |
9 | the Internal Revenue Code of 1986 (Public Law 99-514, 26 |
10 | U.S.C. § 501(c)) established by a lobbyist or lobbying firm |
11 | or an affiliated entity. |
12 | "Contributions." As defined in section 1621 of the act of |
13 | June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania |
14 | Election Code. |
15 | "Executive level employee." An employee of a person or the |
16 | person's affiliated entity who: |
17 | (1) can affect or influence the outcome of the person's |
18 | or affiliated entity's actions, policies or decisions; or |
19 | (2) is involved in the implementation or development of |
20 | policies relating to investments, contracts or procurement. |
21 | "Municipal pension system." Includes the Pennsylvania |
22 | Municipal Retirement System. |
23 | "Political committee." As defined in section 1621 of the act |
24 | of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania |
25 | Election Code. |
26 | "Professional services contract." A contract to which the |
27 | municipal pension system is a party that is: |
28 | (1) for the purchase or provision of professional |
29 | services, including investment services, legal services, real |
30 | estate services and other consulting services; and |
|
1 | (2) not subject to a requirement that the lowest bid be |
2 | accepted. |
3 | Section 702-A. Procurement for professional services contracts. |
4 | (a) Procedures.--Each municipal pension system, including |
5 | the Pennsylvania Municipal Retirement System, shall develop |
6 | procedures to select the most qualified person to enter into a |
7 | professional services contract. The procedures shall ensure that |
8 | the availability of a professional services contract is |
9 | advertised to potential participants in a timely and efficient |
10 | manner. Procedures shall include applications and disclosure |
11 | forms to be used to submit a proposal for review and to receive |
12 | the award of a professional services contract. |
13 | (b) Advertisement.-–An advertisement of the availability of |
14 | a proposal for a professional services contract shall set forth: |
15 | (1) The services that are the subject of the proposed |
16 | contract. |
17 | (2) Specifications relating to the services. |
18 | (3) Procedures to compete for the contracts. |
19 | (4) Required disclosures. |
20 | (c) Review.--Procedures to select the most qualified person |
21 | shall include a review of the person's qualifications, |
22 | experience and expertise and the compensation to be charged. |
23 | (d) Personnel.-- |
24 | (1) Prior to entering into a professional services |
25 | contract with a municipal pension system, the contractor |
26 | shall disclose the names and titles of each individual who |
27 | will be providing professional services to the municipal |
28 | pension system, including advisors or subcontractors of the |
29 | contractor. |
30 | (2) Disclosure under this subsection shall include all |
|
1 | of the following: |
2 | (i) Whether the individual is a current or former |
3 | official or employee of the municipality entering into |
4 | the contract. |
5 | (ii) Whether the individual has been a registered |
6 | Federal or State lobbyist. |
7 | (iii) A description of the responsibilities of each |
8 | individual with regard to the contract. |
9 | (3) The resume of an individual included in the |
10 | disclosure shall be provided to the municipality upon |
11 | request. |
12 | (4) The information under this subsection shall be |
13 | updated as changes occur. |
14 | (e) Conflict of interest.-–The municipal pension system |
15 | shall adopt policies relating to potential conflicts of interest |
16 | in the review of a proposal or the negotiation of a contract. |
17 | The policies shall include a minimum one-year restriction on: |
18 | (1) Participation by a former employee of a contractor |
19 | or potential contractor in the review of a proposal or |
20 | negotiation of a contract with that contractor. |
21 | (2) Participation by a former employee of the municipal |
22 | pension system in the submission of a proposal or the |
23 | performance of a contract. |
24 | (f) Public information.-–Following the award of a |
25 | professional services contract, all applications and disclosure |
26 | forms shall be public except for proprietary information or |
27 | other information protected by law. |
28 | (g) Increase.–-A professional services contract shall not be |
29 | amended to increase the cost of the contract by more than 10% or |
30 | $10,000, whichever is greater, unless the increase and a written |
|
1 | justification for the increase are public and posted on the |
2 | municipal pension system's Internet website, if an Internet |
3 | website is maintained, at least seven days prior to the |
4 | effective date of the amendment. |
5 | (h) Notice and summary.–-The relevant factors that resulted |
6 | in the award of the professional services contract must be |
7 | summarized in a written statement to be included in or attached |
8 | to the documents awarding the contract. Within ten days of the |
9 | award of the professional services contract, the original |
10 | application, a summary of the basis for the award and all |
11 | required disclosure forms must be transmitted to all |
12 | unsuccessful applicants and posted on the municipal pension |
13 | system's Internet website, if an Internet website is maintained, |
14 | at least seven days prior to the execution of the professional |
15 | services contract. |
16 | Section 703-A. Agents; solicitation. |
17 | (a) Prohibition.--A person or an affiliated entity that |
18 | intends to enter or that enters into a professional services |
19 | contract may not directly or indirectly hire, engage, utilize, |
20 | retain or compensate any third party intermediary, agent or |
21 | lobbyist to directly or indirectly communicate with a municipal |
22 | pension system official or employee or a municipal official or |
23 | employee in connection with any transaction or investment |
24 | involving the contractor and the municipal pension system. The |
25 | prohibition shall include the solicitation of an investment or |
26 | investment management services from a municipal pension system |
27 | or influencing or attempting to influence the outcome of an |
28 | investment or other financial decision by the system. The |
29 | prohibition shall not apply to an officer or employee of the |
30 | investment firm who is acting within the scope of the firm's |
|
1 | standard professional duties on behalf of the firm, including |
2 | the actual provision of legal, accounting, engineering, real |
3 | estate or other professional advice, services or assistance |
4 | pursuant to a professional services contract with the municipal |
5 | pension system. |
6 | (b) Solicitation.--A person that enters into, or has applied |
7 | for, submitted an offer or bid for, responded to a request for |
8 | proposal on or otherwise solicited, a professional services |
9 | contract with a municipal pension system or an agent, officer, |
10 | director or employee of that person may not solicit a |
11 | contribution to any municipal official or candidate for |
12 | municipal office in the municipality where the municipal pension |
13 | system is organized or to the political party or political |
14 | action committee of that official or candidate. |
15 | (c) Limitation on communication.--Upon the advertisement for |
16 | a professional services contract by the municipal pension |
17 | system, the contractor may not cause or agree to allow a third |
18 | party to communicate with officials or employees of the |
19 | municipal pension system except for requests for technical |
20 | clarification. Requests for technical clarification shall be |
21 | made by a designated employee of the municipal pension system. |
22 | Nothing in this subsection shall preclude a potential contractor |
23 | from responding to requests for clarification or additional |
24 | information from the municipal pension system. |
25 | Section 704-A. Disqualification. |
26 | (a) Contributors.--A person or an affiliated entity that, |
27 | within the past two years, has made a contribution to a |
28 | municipal official or candidate for municipal office in the |
29 | municipality which controls the municipal pension system may not |
30 | enter into a professional services contract with the municipal |
|
1 | pension system, except that the two-year restriction shall not | <-- |
2 | apply to any contribution made prior to the effective date of |
3 | this subsection. |
4 | (b) Relationships.--A person or an affiliated entity that |
5 | enters into a professional services contract with a municipal |
6 | pension system may not have a direct financial, commercial or |
7 | business relationship with any official of the municipal pension |
8 | system or the municipality which controls the municipal pension |
9 | system unless the municipal pension system consents in writing |
10 | to the relationship following full disclosure. |
11 | (c) Gifts.--A person with a professional services contract |
12 | may not offer or confer a gift having more than a nominal value, |
13 | including money, services, loans, travel, lodging, |
14 | entertainment, discount or other thing of value, to any |
15 | official, employee or fiduciary of a municipal pension system. |
16 | Section 705-A. Disclosure. |
17 | (a) Contractors.–- |
18 | (1) A person or an affiliated entity that has a |
19 | professional services contract with a municipal pension |
20 | system shall disclose all contributions to which all of the |
21 | following apply: |
22 | (i) The contribution was made within the last five |
23 | years. |
24 | (ii) The contribution was made by an officer, |
25 | director, executive-level employee or owner of at least |
26 | 5% of the person or affiliated entity. |
27 | (iii) The amount of the contribution was at least |
28 | $500 in the form of: |
29 | (A) A single contribution by a person included |
30 | in subparagraph (ii). |
|
1 | (B) The aggregate of all contributions by all |
2 | persons listed in subparagraph (ii). |
3 | (iv) The contribution was made to: |
4 | (A) A candidate for any public office in the |
5 | Commonwealth or to an individual who holds that |
6 | office. |
7 | (B) A political committee of a candidate for |
8 | public office in the Commonwealth or of an individual |
9 | who holds that office. |
10 | (2) The information provided under this subsection shall |
11 | be updated annually. |
12 | (b) Additional disclosure.--A person or an affiliated entity |
13 | that has a professional services contract with a municipal |
14 | pension system shall disclose all of the following: |
15 | (1) Information relating to individuals making |
16 | contributions. This paragraph includes: |
17 | (i) The name and address of the contributor. |
18 | (ii) The contributor's relationship to the |
19 | contractor. |
20 | (iii) The name and office or position of each person |
21 | receiving a contribution. |
22 | (iv) The amount of the contribution. |
23 | (v) The date of the contribution. |
24 | (2) Gifts to an official or employee of the municipal |
25 | pension system or the municipality which controls the |
26 | municipal pension system. |
27 | (3) The employment or retention of any third-party |
28 | intermediary, agent or lobbyist and the duties of that |
29 | person. |
30 | (4) The existence of any financial relationship under |
|
1 | section 704-A(b). |
2 | (c) Applicability.–-The provisions of subsection (a) shall |
3 | apply to a person and an affiliated entity that has applied for, |
4 | submitted an offer or bid for, responded to a request for |
5 | proposal or otherwise solicited a professional services contract |
6 | with a municipal pension system. |
7 | (d) Forms.–-Required disclosure shall be made on a form |
8 | prepared by the municipal pension system. The form shall be |
9 | attached to the contract and posted on the system's Internet |
10 | website, if an Internet website is maintained. During the term |
11 | of the contract, an updated form shall be filed annually in |
12 | accordance with procedures adopted by the plan. |
13 | (e) Penalties.–-The following shall apply: |
14 | (1) A municipal pension system shall void the |
15 | professional services contract of a person that knowingly |
16 | makes a material misstatement or omission in a disclosure |
17 | form under this chapter and shall prohibit the person from |
18 | entering into a contract for a period of up to three years. |
19 | (2) If a contractor or person that has submitted a |
20 | proposal or bid in violation of paragraph (1) more than two |
21 | times in a 36-month period, all contracts between that |
22 | contractor and the municipal pension plan shall be void, and |
23 | the person shall be debarred for a period of at least three |
24 | years from the date of the last violation. |
25 | Section 706-A. Duty to act. |
26 | If a person that enters into, or has applied for, submitted |
27 | an offer or bid for, responded to a request for proposal on or |
28 | otherwise solicited, a contract with a municipal pension system |
29 | or an officer, director or employee of a municipal pension |
30 | system is aware, or reasonably should be aware, of an apparent, |
|
1 | potential or actual conflict of interest, the person shall |
2 | disclose the conflict and promptly eliminate the conflict. |
3 | Section 707-A. No preemption. |
4 | If a municipality establishes a code of ethics which is |
5 | stricter than this chapter, that code is not preempted by this |
6 | chapter. |
7 | Section 15.1. The act is amended by adding sections to read: | <-- |
8 | Section 902. Second class cities. |
9 | (a) Taxing authority.--In taxable years beginning after |
10 | December 31, 2008, the following apply to a city of the second |
11 | class which is a home rule municipality: |
12 | (1) The city may impose on each parking transaction in |
13 | the city a tax at a rate not to exceed 37.5% of the cost of |
14 | the transaction. |
15 | (2) If the Department of Community and Economic |
16 | Development determines that the city has leased or sold all |
17 | of its parking authority facilities and that net proceeds |
18 | from the lease or sale have been deposited into the |
19 | Pennsylvania Municipal Retirement System and credited to the |
20 | municipality's account and transmits notice of the |
21 | determination to the Legislative Reference Bureau for |
22 | publication in the Pennsylvania Bulletin, the city may impose |
23 | on each parking transaction in the city an additional tax at |
24 | a rate not to exceed 2.5% of the cost of the transaction. |
25 | (b) Use of revenue.--Notwithstanding any other law to the |
26 | contrary, 6.75% of the revenue received under subsection (a)(1) |
27 | and 100% of the revenue received under subsection (a)(2) shall |
28 | be used to pay the city's minimum municipal obligation required |
29 | under section 302 and any interest accrued in any plan year. |
30 | Section 903. Level III administration in cities of the second |
|
1 | class. |
2 | For a period not to exceed 12 months from the effective date |
3 | of this section, the employees of the respective pension boards |
4 | of a home rule municipality that is a city of the second class |
5 | shall continue to provide member benefit administration for |
6 | members from the home rule municipality on behalf of the |
7 | Pennsylvania Municipal Retirement System. During the 12-month |
8 | period, a pool comprised of the employees of the respective |
9 | pension boards shall be granted priority and preference in |
10 | hiring to fill positions with the system that the employee is |
11 | qualified to fill. No new employee may be hired by the system |
12 | until the position has been offered, in order of seniority, to |
13 | all properly certified members of the pool. |
14 | Section 16. Chapter 10 heading of the act, added June 18, |
15 | 1998 (P.L.626, No.82), is amended to read: |
16 | CHAPTER 10 |
17 | [ALTERNATIVE FUNDING MECHANISM] |
18 | PROVISIONS RELATING TO CERTAIN CITIES AND COUNTIES |
19 | Section 17. Section 1001(b) of the act, added June 18, 1998 |
20 | (P.L.626, No.82), is amended and the section is amended by |
21 | adding a subsection to read: |
22 | Section 1001. Alternative funding mechanism. |
23 | * * * |
24 | (b) Period of payment requirements prior to July 1, 2009.-- |
25 | The period of the city's payment requirements under an |
26 | alternative funding mechanism implemented prior to December 31, |
27 | 2002, shall be the greater of: |
28 | (1) the remaining period not exceeding 30 years during |
29 | which the city would have amortized the unfunded actuarial |
30 | accrued liability reported in its last actuarial valuation |
|
1 | report filed under Chapter 2 using the total amortization |
2 | payment and interest assumption, reported in that actuarial |
3 | valuation report; or |
4 | (2) 30 years. |
5 | If an alternative funding mechanism is implemented after |
6 | December 31, 2002, but before July 1, 2009, the period described |
7 | in paragraph (1) shall be the period of the city's payment |
8 | requirements. |
9 | (b.1) Period of payment requirements beginning July 1, |
10 | 2009.--The period of the city's payment requirements under an |
11 | alternative funding mechanism implemented or refinanced in whole |
12 | or in part on or after July 1, 2009, and prior to the beginning |
13 | of the plan year that commences July 1, 2019, shall be the |
14 | greater of: |
15 | (1) the remaining period not exceeding 30 years during |
16 | which the city would have amortized the unfunded actuarial |
17 | accrued liability reported in its latest actuarial valuation |
18 | report filed under Chapter 2 using the total amortization |
19 | payment and interest assumption, reported in that actuarial |
20 | valuation report; or |
21 | (2) 30 years. |
22 | If an alternative funding mechanism is implemented after July 1, |
23 | 2019, the period described in paragraph (1) shall be the period |
24 | of the city's payment requirements. |
25 | * * * |
26 | Section 18. The act is amended by adding sections to read: |
27 | Section 1002. Cities of the first class. |
28 | (a) General rule.--A city of the first class may elect to |
29 | use the deferrals of required payments authorized under this |
30 | section in lieu of the mandatory provisions of the Financially |
|
1 | Distressed Municipal Pension System Recovery Program contained |
2 | in sections 606, 608.1 and 608.2. |
3 | (b) Limitation.--The following shall apply: |
4 | (1) In order to be eligible to use the deferrals of |
5 | required payments authorized under this section, the city may |
6 | not increase pension benefits for existing employees. In |
7 | addition, by June 30, 2010 September 10, 2009, the city shall | <-- |
8 | adopt SUBMIT a revised benefit plan applicable to any | <-- |
9 | employee first hired on or after the effective date of the |
10 | establishment of the revised benefit plan. The revised |
11 | benefit plan for newly hired employees: |
12 | (i) shall have a normal cost of no more than 75% 80% | <-- |
13 | of the normal cost of the preexisting plan; |
14 | (ii) may provide for defined benefits, defined |
15 | contributions or a combination of both; |
16 | (iii) shall be developed with consultation with |
17 | representatives of the collective bargaining unit |
18 | applicable to the affected type of municipal employee, if |
19 | any; and |
20 | (iv) shall be within the scope of collective |
21 | bargaining subsequent to the establishment of the revised |
22 | benefit plan. |
23 | (2) Member contributions under a revised defined benefit |
24 | plan shall be equal to three times the effective annual | <-- |
25 | benefit accrual rate of 50% of the normal cost of the pension |
26 | plan, whichever is higher, expressed as a percentage of | <-- |
27 | covered payroll, as reported in the most recent actuarial |
28 | valuation report of the pension plan. Any defined |
29 | contribution plan shall provide for matching employer |
30 | contributions and mandatory employee contributions not to | <-- |
|
1 | exceed 4% of compensation per employee. |
2 | (b.1) Modification prohibited.--No other statute, ordinance, | <-- |
3 | contract, arbitration award or practice shall permit or |
4 | authorize any deviation from or alteration of the terms of this |
5 | section governing the freeze of benefits for existing employees |
6 | and the terms of the revised benefit plan for newly hired |
7 | employees. |
8 | (c) Verification.--In order to implement subsection (b), the |
9 | city shall submit evidence of the freeze on existing benefits | <-- |
10 | and the reduced benefit plan collective bargaining proposals to |
11 | freeze existing benefits and to revise benefit plans for newly |
12 | hired employees and a schedule of payments to be deferred under |
13 | subsection (e) to the Pennsylvania Intergovernmental Cooperation | <-- |
14 | Authority and to the Public Employee Retirement Commission |
15 | COMMISSION by September 10, 2009. Within 14 days of the receipt | <-- |
16 | of the information and plan collective bargaining proposals and | <-- |
17 | payment schedule from the city under this subsection, the |
18 | authority COMMISSION shall issue a written determination that | <-- |
19 | the information and plan collective bargaining proposals meet | <-- |
20 | the requirements of subsection (b). A written determination that | <-- |
21 | the freeze and proposal meet the requirements of subsection (b) |
22 | shall constitute compliance by the city with subsection (j)(1) |
23 | and (2). |
24 | (d) Amortization.-–Notwithstanding any other law to the |
25 | contrary, the city may amortize its entire unfunded actuarial |
26 | accrued liability, as measured on a valuation date selected by |
27 | the city that occurs in the plan year commencing July 1, 2009, |
28 | as a level dollar amount with the amortization target date being |
29 | the end of the plan year occurring 30 years after the plan year |
30 | commencing July 1, 2009, with payments to commence in the next |
|
1 | plan year. In order to extend the amortization schedule provided |
2 | under this subsection, the city must comply with the following: |
3 | (1) File a revised actuarial valuation report reflecting |
4 | the amortization period extension and the actuarial assumed |
5 | rate in effect on the valuation date with the commission no |
6 | later than March 31, 2010. |
7 | (2) The revised actuarial valuation under paragraph (1) |
8 | may not be filed in lieu of the actuarial valuation reported |
9 | required under section 202(b)(4)(v)(A) required to be filed |
10 | May 3, 2010, and may be used only for the purposes of |
11 | recalculating the minimum municipal obligation of the city |
12 | for the plan year commencing July 1, 2009, and calculating |
13 | the minimum municipal obligation of the city for the plan |
14 | year commencing July 1, 2010, to reflect the amortization |
15 | period extension. The revisions in the revised report shall |
16 | supersede comparable information in the original report. |
17 | (3) Except as provided in subsection (b), a revised |
18 | actuarial valuation report under this subsection shall not |
19 | affect distributions under the General Municipal Pension |
20 | System State Aid Program under Chapter 4. |
21 | (e) Revised obligation.--Notwithstanding any other provision |
22 | of law to the contrary, the city is authorized to defer a |
23 | portion of the minimum municipal funding obligation required |
24 | under section 302 in accordance with the following: |
25 | (1) For the plan year ending June 30, 2010, deferral may |
26 | be in an amount not to exceed $155,000,000. |
27 | (2) For the plan year ending June 30, 2011, deferral may |
28 | be in an amount not to exceed $80,000,000. |
29 | (f) Interest.--Amounts deferred under subsection (e) shall |
30 | bear interest at the rate of 8.25% which shall be calculated |
|
1 | from the beginning of the plan year in which the deferral was |
2 | made. Accrued interest on amounts deferred shall be paid |
3 | annually on or before June 30 of the years 2010, 2011 and 2012. |
4 | (g) Repayment.--On or before June 30, 2013, the city shall |
5 | repay the following: |
6 | (1) If the amount deferred is equal to or greater than |
7 | $90,000,000, at least $90,000,000 plus interest accrued on |
8 | all amounts deferred. |
9 | (2) If the total amount deferred is less than |
10 | $90,000,000, the total amount deferred, plus interest accrued |
11 | on that amount. |
12 | (h) Balance.-–The balance of all amounts deferred, including |
13 | interest accrued and unpaid on amounts deferred shall be repaid |
14 | by June 30, 2014. |
15 | (i) Unpaid amounts.--Amounts deferred and interest under |
16 | subsections (e) and (f) which are not repaid under subsection |
17 | (h) shall be added to the minimum municipal obligation of the |
18 | city for the following plan year, with interest calculated and |
19 | due until the date the amounts due are paid. |
20 | (j) Pension reforms rEQUIREMENTS.--In order to retain the | <-- |
21 | authority to utilize the alternative funding mechanism dEFERRALS | <-- |
22 | under this section, the city must comply with the following: |
23 | (1) Freeze all pension benefits for any current employee |
24 | in accordance with subsection (b). |
25 | (2) Adopt sUBMIT and collectively bargain for a revised | <-- |
26 | benefit plan applicable to any newly hired employee in |
27 | accordance with subsection (b). |
28 | (3) Exhaust the judicial appeal procedure APPELLATE | <-- |
29 | PROCEDURES to challenge any arbitration, ADJUDICATion or | <-- |
30 | other award which is inconsistent with the FREEZE OR revised | <-- |
|
1 | benefit plan. |
2 | (4) Repay the deferred amount required under subsection |
3 | (g) by June 30, 2013, and the deferred amount required under |
4 | subsection (h) by June 30, 2014. |
5 | (k) Expiration of authority.--If the city fails to meet any | <-- |
6 | of the requirements of subsection (j), the Public Employee |
7 | Retirement Commission and the authority shall certify the |
8 | failure to comply to the State Treasurer. Until the city is in |
9 | compliance with subsection (j) the State Treasurer shall |
10 | withhold any grant, loan, entitlement, payment or combination of |
11 | grants, loans, entitlements and payments to the city by the |
12 | Commonwealth, or any of its agencies, in an amount equal to the |
13 | amounts authorized to be deferred under subsection (e). |
14 | (k) Withholding.--If the city fails to meet any of the | <-- |
15 | requirements of subsection (j)(4), the following apply: |
16 | (1) The commission shall notify the Secretary of the |
17 | Budget and the State Treasurer of the city's failure to |
18 | comply with subsection (j)(4) and send a copy of the notice |
19 | to the chair and minority chair of the Appropriations |
20 | Committee and the Finance Committee of the Senate and the |
21 | Appropriations Committee and the Finance Committee of the |
22 | House of Representatives. |
23 | (2) The secretary shall assist the State Treasurer in |
24 | the identification of grants, loans, entitlements and |
25 | payments made to the city by the Commonwealth. |
26 | (3) Except as set forth in paragraph (4) or (5), within |
27 | 30 days of receipt of the notice, the State Treasurer shall |
28 | withhold any grant, loan, entitlement, payment or combination |
29 | of grants, loans, entitlements and payments to the city by |
30 | the Commonwealth, or any of its agencies, in an amount equal |
|
1 | to deferral amounts not repaid under subsections (g) and (h). |
2 | The amount withheld shall be deposited into the city's |
3 | pension fund. |
4 | (4) Paragraph (3) shall not apply if the failure is due |
5 | to compliance following exhaustion of the judicial appellate |
6 | procedures to challenge any arbitration, adjudication or |
7 | other award, which is inconsistent with the requirements of |
8 | subsection (b) as determined by the commission under section |
9 | 1003(g). |
10 | (5) The State Treasurer shall not withhold the |
11 | following: |
12 | (i) Funds for capital projects under contract. |
13 | (ii) Funds granted from the Federal Government or |
14 | the Commonwealth relating to a declaration of disaster. |
15 | (iii) Pension fund payments. |
16 | (iv) Funds administered by the city's department of |
17 | human services or department of health. |
18 | (v) Funds pledged to repay bonds or notes issued |
19 | under the act of October 18, 1972 (P.L.955, No.234), |
20 | known as The First Class City Revenue Bond Act. |
21 | (l) Verification in order to comply with section 1003(e).-- |
22 | The city shall submit evidence of the freeze of existing |
23 | benefits and of collective bargaining proposals to reduce the |
24 | benefit plan for newly hired employees to the commission by |
25 | September 10, 2009. Within 14 days of the receipt of the |
26 | information and proposals from the city, the commission shall |
27 | issue a written determination that the bargaining proposals meet |
28 | the requirements of subsection (b). A written determination from |
29 | the commission that current benefits are frozen and the |
30 | collective bargaining proposals meet the requirements of |
|
1 | subsection (b) shall constitute compliance with section 1003(e) |
2 | (1) and (2). The commission shall issue a written determination |
3 | regarding any arbitration award or judicial decision as to |
4 | consistency with the requirements of subsection (b). If the |
5 | commission determines that the award or decision is inconsistent |
6 | with the requirements of subsection (b), the city shall appeal |
7 | the decision in order to comply with section 1003(e)(3). The |
8 | city shall provide notice to the commission of all appeals. |
9 | (l) (M) Reports.--During a period in which deferrals of the | <-- |
10 | minimum municipal obligation or interest on the obligation are |
11 | outstanding, the city shall file actuarial valuation reports |
12 | annually with the commission. |
13 | (m) (N) Calculation.-–The calculation of the unfunded | <-- |
14 | actuarial accrued liability made and certified by an approved |
15 | actuary under section 202 shall not include any amounts deferred |
16 | under this subsection so long as the city is paying interest |
17 | accrued on the deferred amounts and repaying the deferred |
18 | amounts in accordance with the terms of this subsection. |
19 | (n) (O) Binding obligation.-–The repayment of amounts | <-- |
20 | deferred, including interest accrued on deferred amounts, as and |
21 | when required under this subsection shall constitute a binding |
22 | and absolute commitment on the city. The city shall include all |
23 | amounts due to be paid under this subsection in the budget of |
24 | the city and all amounts due to be paid shall be appropriated |
25 | and paid in order to make timely repayment of any amounts |
26 | deferred, including interest accrued on deferred amounts. |
27 | Payment shall be unconditional and without setoff. |
28 | (o) (P) Standing.--A person who is beneficially interested | <-- |
29 | in the city paying its minimum municipal obligation, including |
30 | amounts deferred, under this subsection shall have standing to |
|
1 | institute a legal proceeding for mandamus to enforce the |
2 | obligation of the city to make required repayments in the same |
3 | manner as a proceeding to enforce payment requirements of an |
4 | alternative funding mechanism under section 1001. A beneficially |
5 | interested person is a person who meets the qualifications set |
6 | forth in section 1001(f). |
7 | (p) (Q) Payment.--The city shall be required to pay the | <-- |
8 | balance of its minimum municipal obligation in full when due in |
9 | each plan year. |
10 | Section 1003. Special taxing authority. |
11 | (a) Imposition of tax.-- |
12 | (1) Except as provided in subsection (e), a city of the |
13 | first class may elect to impose a tax on the "sale at retail" |
14 | of "tangible personal property" or services or "use" of |
15 | "tangible personal property" or services "purchased at |
16 | retail," as defined in section 201 of the act of March 4, |
17 | 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971. |
18 | (2) The tax imposed under this section shall be in |
19 | addition to the tax authorized under section 503(a) and (b) |
20 | of the act of June 5, 1991 (P.L.9, No.6), known as the |
21 | Pennsylvania Intergovernmental Cooperation Authority Act for |
22 | Cities of the First Class. |
23 | (3) The tax authorized under this subsection shall not |
24 | be levied, assessed and collected upon the occupancy of a |
25 | room in a hotel in the city of the first class. |
26 | (4) This subsection shall expire July 1, 2014. |
27 | (5) Notwithstanding paragraph (4), all tax imposed under |
28 | this subsection on sales or uses occurring before July 1, |
29 | 2014, shall be paid to and received by the Department of |
30 | Revenue and, along with interest and penalties, less any |
|
1 | refunds and credits paid, shall be credited to the local |
2 | sales and use tax fund created under the Pennsylvania |
3 | Intergovernmental Cooperation Authority Act for Cities of the |
4 | First Class. Money in the fund shall be disbursed as provided |
5 | in section 509 of the Pennsylvania Intergovernmental |
6 | Cooperation Authority Act for Cities of the First Class. |
7 | (b) Rate.--The tax authorized under subsection (a) shall be |
8 | imposed and collected at the rate of 1% and shall be computed as |
9 | set forth in section 503(e)(2) of the Pennsylvania |
10 | Intergovernmental Cooperation Authority Act for Cities of the |
11 | First Class. |
12 | (c) Collection.--The tax authorized under subsection (a) |
13 | shall be administered, collected, deposited and disbursed in the |
14 | same manner as the tax imposed under Chapter 5 of the |
15 | Pennsylvania Intergovernmental Cooperation Authority Act for |
16 | Cities of the First Class and the situs of the tax shall be |
17 | determined in accordance with the Pennsylvania Intergovernmental |
18 | Cooperation Authority Act and Article II-A of act of March 4, |
19 | 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971. The |
20 | Department of Revenue shall use the money received by the |
21 | Department of Revenue from the tax authorized under Chapter 5 of |
22 | the Pennsylvania Intergovernmental Cooperation Authority Act for |
23 | Cities of the First Class to cover costs for the administration |
24 | of the tax authorized under subsection (a). The Department of |
25 | Revenue shall not retain any additional amounts for the cost of |
26 | collecting the tax authorized under subsection (a). No |
27 | additional fee shall be charged for a license or license renewal |
28 | other than the license or renewal fee authorized and imposed |
29 | under Article II of the Tax Reform Code of 1971. |
30 | (d) Municipal action.--In order to impose the tax, the |
|
1 | governing body of the city shall adopt an ordinance stating the |
2 | tax rate. The ordinance may be adopted prior to the effective |
3 | date of this subsection. The ordinance shall be effective no |
4 | earlier than 20 days after the adoption of the ordinance or 20 |
5 | days after the effective date of this section, whichever is |
6 | later. A certified copy of the city ordinance shall be delivered |
7 | to the Department of Revenue within ten days prior to or after |
8 | the effective date of the ordinance. A certified copy of an |
9 | ordinance to repeal the tax authorized under subsection (a) |
10 | shall be delivered to the Department of Revenue at least 30 days |
11 | prior to the effective date of repeal. |
12 | (e) Retention of authority.--In order to retain the |
13 | authority to impose and collect the tax authorized under |
14 | subsection (a), the city must submit proof of the following to | <-- |
15 | the Pennsylvania Intergovernmental Cooperation Authority SHALL |
16 | COMPLY WITH THE FOLLOWING: |
17 | (1) A freeze fREEZE all pension benefits for any current | <-- |
18 | employee in accordance with section 1002(b). |
19 | (2) Adoption of sUBMIT AND BARGAIN FOR a revised benefit | <-- |
20 | plan applicable to any newly hired employee in accordance |
21 | with section 1002(b). |
22 | (3) Exhaust the judicial appellate procedures to | <-- |
23 | challenge any arbitration, adjudication or other award which |
24 | is inconsistent with the freeze of the revised benefit plan. |
25 | (f) Expiration of authority.--If the city fails to meet any |
26 | of the requirements of subsection (e), the authority to impose |
27 | and collect the tax authorized under subsection (a) shall |
28 | expire. |
29 | (g) Verification.--The city shall, within 14 days of the | <-- |
30 | expiration of the 12-month period under section 1002(d), submit |
|
1 | to the Public Employee Retirement Commission data, including |
2 | data showing any savings in the city's municipal pension system. |
3 | The Public Employee Retirement Commission shall perform an |
4 | analysis of the data within 14 days of its receipt. (G) |
5 | (rESERVED). |
6 | (h) Use of tax receipts.–-All money received by the city |
7 | from the levy, assessment and collection of the tax authorized |
8 | under subsection (a) may only be used for the following |
9 | purposes: |
10 | (1) To pay any amounts of the city's minimum municipal |
11 | obligation required under section 302, including amounts |
12 | deferred under section 1002(e) and interest accrued on |
13 | deferred amounts when the amounts are due in any plan year. |
14 | (2) To reimburse the city for payments of the minimum |
15 | municipal obligation for fiscal year 2009-2010 and any fiscal |
16 | year during which the tax is imposed made by the city from |
17 | sources other than the tax authorized under subsection (a). |
18 | No tax receipts shall be used to reimburse the city of the |
19 | first class for any contribution to the city minimum |
20 | municipal obligation made in any year other than the year in |
21 | which the tax was collected. |
22 | (i) Beginning January 1, 2016, the mandatory provisions of |
23 | sections 608, 608.1 and 608.2 shall apply to the city. |
24 | Section 1004. Second class cities. | <-- |
25 | (a) Taxing authority.--In taxable years beginning after |
26 | December 31, 2008, the following apply to a city of the second |
27 | class which is a home rule municipality : |
28 | (1) The city may impose on each parking transaction in |
29 | the city a tax at a rate not to exceed 37.5% of the cost of |
30 | the transaction. |
|
1 | (2) If Department of Community and Economic Development |
2 | determines that the city has leased or sold any of its |
3 | parking facilities in the city and that at least $200,000,000 |
4 | in net proceeds from the lease or sale has been deposited |
5 | into the Pennsylvania Municipal Retirement System and |
6 | credited to the municipality's account and transmits notice |
7 | of the determination to the Legislative Reference Bureau for |
8 | publication in the Pennsylvania Bulletin, the city may impose |
9 | on each parking transaction in the city an additional tax at |
10 | a rate not to exceed 2.5% of the cost of the transaction. |
11 | (b) Use of revenue.--Notwithstanding any other law to the |
12 | contrary, 6.75% of the revenue received under subsection (a)(1) |
13 | and 100% of the revenue received under subsection (a)(2) shall |
14 | be used to pay the city's minimum municipal obligation required |
15 | under section 302 and any interest accrued in any plan year. |
16 | Section 19. The act is amended by adding a chapter to read: |
17 | CHAPTER 11 |
18 | DEFERRED RETIREMENT OPTION PLANS |
19 | SUBCHAPTER A |
20 | PRELIMINARY PROVISIONS |
21 | Section 1101. Scope. |
22 | This chapter relates to deferred retirement option plans for | <-- |
23 | newly hired employees. |
24 | (a) Applicability.--This chapter shall apply to all of the | <-- |
25 | following: |
26 | (1) A local government which does not have a deferred |
27 | retirement option plan on the effective date of this section. |
28 | (2) Newly hired employees admitted to a deferred |
29 | retirement option plan established by a local government |
30 | prior to the effective date of this section. |
|
1 | (b) Elected officials.-- |
2 | (1) A deferred retirement option plan established on or |
3 | after the effective date of this paragraph shall not be |
4 | available to an elected official. |
5 | (2) A deferred retirement option plan established prior |
6 | to the effective date of this paragraph shall be available to |
7 | an official elected prior to the effective date of this |
8 | section who runs for reelection. |
9 | Section 1102. Definitions. |
10 | The following words and phrases when used in this chapter |
11 | shall have the meanings given to them in this section unless the |
12 | context clearly indicates otherwise: |
13 | "Normal retirement benefit." The retirement benefit payable |
14 | to a member of a defined benefit pension plan on or after the |
15 | date on which the member first satisfies the age and service |
16 | requirements for full, unreduced retirement benefits, including |
17 | supplemental amounts provided to the member after retirement as |
18 | cost-of-living increases. |
19 | "Subsidiary DROP participant account." The separate, |
20 | interest-bearing, subsidiary DROP participant account |
21 | established for a DROP participant under section 1121. |
22 | Section 1104. Employment status. |
23 | Participation in a DROP does not guarantee the DROP |
24 | participant's employment by the local government during the |
25 | specified period of the DROP. |
26 | SUBCHAPTER B |
27 | GENERAL PROVISIONS |
28 | Section 1111. Establishment of DROP. |
29 | (a) Local governments.--A local government that has |
30 | established or maintains a defined benefit pension plan for a |
|
1 | group of its employees hired after the effective date of this | <-- |
2 | section which is self-insured in whole or in part under section |
3 | 202(b), except for a local government that has joined the |
4 | Pennsylvania Municipal Retirement System, may establish by |
5 | ordinance a DROP for those employees as part of the pension |
6 | plan. The DROP may not apply to elected municipal officials | <-- |
7 | elected after the effective date of this subsection. The |
8 | ordinance establishing the DROP shall specify a uniform |
9 | participation period of not more than five years in duration. |
10 | (b) Participants.--A local government that has established |
11 | or maintains a defined benefit plan for a group of its employees |
12 | which is self-insured in whole or in part under section 202(b) |
13 | and has joined the Pennsylvania Municipal Retirement System may |
14 | establish a DROP for those employees as a part of the pension |
15 | plan only through participation in the DROP established and |
16 | administered by the Pennsylvania Municipal Retirement System. |
17 | (c) Standards.--The Pennsylvania Municipal Retirement Board |
18 | shall establish a DROP for local government-defined benefit |
19 | pension plans that have joined the Pennsylvania Municipal |
20 | Retirement System. The DROP shall be uniform, in compliance with |
21 | the provisions of this chapter, open to any local government and |
22 | applicable to any of the defined benefit pension plans |
23 | administered by the Pennsylvania Municipal Retirement System. |
24 | Section 1112. Eligibility. |
25 | An active member of a local government retirement system that |
26 | has a DROP as a part of its defined benefit pension plan who is |
27 | eligible for a normal retirement benefit under the pension plan |
28 | or will be eligible for a normal retirement benefit under the |
29 | pension plan prior to participation in the DROP and who is not |
30 | an elected official is eligible to participate in the DROP by |
|
1 | filing a written application with the retirement system at least |
2 | 30 days before the member's effective date of retirement. |
3 | Section 1113. Participation in DROP. |
4 | (a) Election.--An eligible active member may elect to |
5 | participate in a DROP for the period specified in the ordinance |
6 | under section 1111(a). |
7 | (b) DROP participation election.--Upon deciding to |
8 | participate in a DROP, a member shall submit on forms provided |
9 | and required by the retirement system: |
10 | (1) A binding and irrevocable letter of resignation from |
11 | regular employment with the local government that discloses |
12 | the member's intent to retire and specifies the member's |
13 | retirement date. |
14 | (2) An irrevocable written election to participate in |
15 | the DROP that: |
16 | (i) Details a DROP participant's rights and |
17 | obligations under the DROP. |
18 | (ii) Includes an agreement to forgo: |
19 | (A) Active membership in the retirement system. |
20 | (B) Any growth in the salary base used for |
21 | calculating the regular retirement benefit. |
22 | (C) Any additional benefit accrual for |
23 | retirement purposes, including length-of-service |
24 | increments. |
25 | (iii) Specifies the effective date of DROP |
26 | participation that shall be the day after the specified |
27 | retirement date. |
28 | (iv) Specifies the DROP termination date that |
29 | satisfies the limitation in subsection (a). |
30 | (3) Any other information required by the retirement |
|
1 | system. |
2 | (c) DROP termination.-- |
3 | (1) A DROP participant may change the DROP termination |
4 | date to an earlier date within the limitations of subsection |
5 | (a). No penalty shall be imposed for early termination of |
6 | DROP participation. |
7 | (2) Upon either early or regular termination of DROP |
8 | participation: |
9 | (i) The DROP participant shall be separated from |
10 | employment by the local government. |
11 | (ii) The retirement system shall pay the balance in |
12 | the DROP participant's subsidiary DROP participant |
13 | account to the terminating DROP participant as provided |
14 | in section 1114(d). |
15 | (iii) The DROP participant shall be ineligible to |
16 | reenroll in the DROP thereafter even if the former DROP |
17 | participant is reemployed by the local government with |
18 | renewed active membership in the retirement system. |
19 | Section 1114. Benefits payable under DROP. |
20 | (a) Fixing retirement benefit, retirement date, retirement |
21 | benefits and DROP dates.-- Effective with the date of |
22 | retirement, which shall be the day before the effective date of |
23 | DROP participation, the member's monthly, normal retirement |
24 | benefit under the pension plan, the member's effective date of |
25 | retirement and the member's effective dates of beginning and |
26 | terminating employment as a DROP participant shall be fixed. |
27 | (b) Effective dates.-- |
28 | (1) A retired member's effective date of participation |
29 | in a DROP shall begin the day following the effective date of |
30 | the member's regular retirement. |
|
1 | (2) A retired member's participation in a DROP shall end |
2 | on the last day of the participation period specified in the |
3 | ordinance establishing the DROP that is in effect on the |
4 | effective date of the retired member's participation in the |
5 | DROP. |
6 | (c) Benefit payments and accruals.--All of the retired |
7 | member's monthly, normal retirement benefit and interest thereon |
8 | at the assigned rate shall be credited to the DROP participant's |
9 | subsidiary DROP participant account in the pension trust fund |
10 | and a separate accounting of the DROP participant's accrued |
11 | benefit accumulation under the DROP shall be calculated annually |
12 | and provided to the DROP participant. |
13 | (d) Payment.--On the effective date of a DROP participant's |
14 | termination of employment with the local government as a DROP |
15 | participant, participation in the DROP shall cease and the |
16 | retirement system shall calculate and pay to the participant the |
17 | participant's total accumulated DROP benefits in the DROP |
18 | participant's subsidiary DROP participant account subject to the |
19 | following provisions: |
20 | (1) Except as provided in paragraph (2), the terminating |
21 | DROP participant or, if deceased, the participant's survivor |
22 | as provided by the enabling pension statute applicable to the |
23 | appropriate class of employees of the municipality or, in |
24 | lieu thereof, the participant's named beneficiary, shall |
25 | elect on a form provided by the retirement system to receive |
26 | payment of the DROP benefits in accordance with one of the |
27 | following options: |
28 | (i) The balance in the DROP participant's subsidiary |
29 | DROP participant account less withholding taxes, if any, |
30 | remitted to the Internal Revenue Service shall be paid |
|
1 | within 45 days by the retirement system from the account |
2 | to the DROP participant or surviving beneficiary. |
3 | (ii) The balance in the DROP participant's |
4 | subsidiary DROP participant account shall be paid within |
5 | 45 days by the retirement system from the account |
6 | directly to the custodian of an eligible retirement plan |
7 | as defined in section 402(c)(8)(b) of the Internal |
8 | Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § |
9 | 402(c)(8)(b)), or, in the case of an eligible rollover |
10 | distribution to the surviving spouse of a deceased DROP |
11 | participant, an eligible retirement plan that is an |
12 | individual retirement account or an individual retirement |
13 | annuity as described in section 402(c)(9) of the Internal |
14 | Revenue Code of 1986 (26 U.S.C. § 402(c)(9)). |
15 | (2) If the DROP participant or beneficiary fails to |
16 | elect a method of payment within 60 days after the |
17 | participant's termination date, the retirement system shall |
18 | pay the balance as a lump sum as provided in paragraph (1). |
19 | (3) The form of payment selected by the DROP participant |
20 | or surviving beneficiary shall comply with the minimum |
21 | distribution requirements of the Internal Revenue Code. |
22 | (e) Taxation, attachment and assignment.-- |
23 | (1) Except as provided in paragraphs (2), (3) and (4), |
24 | the right of a DROP participant to any benefit or right |
25 | accrued or accruing under the provisions of this chapter and |
26 | the moneys in the DROP participant's subsidiary DROP |
27 | participant account are exempt from any State or municipal |
28 | tax, levy and sale, garnishment, attachment, spouse's |
29 | election or any other process whatsoever. |
30 | (2) Rights under this chapter shall be subject to |
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1 | forfeiture as provided by the act of July 8, 1978 (P.L.752, |
2 | No.140), known as the Public Employee Pension Forfeiture Act. |
3 | Forfeitures under this subsection or under any other |
4 | provision of law may not be applied to increase the benefits |
5 | that any DROP participant otherwise would receive under this |
6 | chapter. |
7 | (3) Rights under this chapter shall be subject to |
8 | attachment in favor of an alternate payee as set forth in a |
9 | qualified domestic relations order. |
10 | (4) (i) Under subsection (d)(1)(ii), a distributee may |
11 | elect to have an eligible rollover distribution paid |
12 | directly to an eligible retirement plan by way of a |
13 | direct rollover. |
14 | (ii) For purposes of this paragraph, a "distributee" |
15 | includes a DROP participant, a DROP participant's |
16 | survivor as provided by the enabling pension statute |
17 | applicable to the appropriate class of employees of the |
18 | municipality or, in lieu thereof, the participant's |
19 | designated beneficiary and a DROP participant's former |
20 | spouse who is an alternate payee under a qualified |
21 | domestic relations order. |
22 | (iii) For purposes of this paragraph, "eligible |
23 | rollover distribution" has the meaning given the term by |
24 | section 402(f)(2)(A) of the Internal Revenue Code of 1986 |
25 | (26 U.S.C. § 402(f)(2)(A)), except that a qualified trust |
26 | shall be considered an eligible retirement plan only if |
27 | it accepts the distributee's eligible rollover |
28 | distribution and, in the case of an eligible rollover |
29 | distribution to a surviving spouse, an eligible |
30 | retirement plan is an "individual retirement account" or |
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1 | an "individual retirement annuity" as those terms are |
2 | defined in section 408(a) and (b) of the Internal Revenue |
3 | Code of 1986 (26 U.S.C. § 408(a) and (b)). |
4 | (f) Disability.--If a DROP participant becomes eligible for |
5 | a disability pension benefit and terminates employment, the |
6 | monthly normal retirement benefit of the DROP participant shall |
7 | terminate. |
8 | (g) Eligibility.--Except for those benefits specified under |
9 | section 1113(b)(2)(ii) as forgone by the member, a DROP |
10 | participant shall be eligible for any employee benefits provided |
11 | to active employees before retirement as set forth in the |
12 | ordinance instituting the DROP. |
13 | (h) Eligibility for other benefits.--A DROP participant |
14 | shall be eligible for all preretirement benefits for employees |
15 | otherwise provided by law, including, but not limited to, |
16 | benefits under: |
17 | (1) the act of June 2, 1915 (P.L.736, No.338), known as |
18 | the Workers' Compensation Act; |
19 | (2) the act of June 28, 1935 (P.L.477, No.193), referred |
20 | to as the Enforcement Officer Disability Benefits Law; |
21 | (3) the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L. |
22 | 2897, No.1), known as the Unemployment Compensation Law; |
23 | (4) the act of June 24, 1976 (P.L.424, No.101), referred |
24 | to as the Emergency and Law Enforcement Personnel Death |
25 | Benefits Act; and |
26 | (5) the Public Safety Officers' Benefit Act of 1976 |
27 | (Public Law 94-430, 42 U.S.C. § 90 Stat. 1347). |
28 | Section 1115. Death benefits under DROP. |
29 | (a) Named beneficiary.--If a DROP participant dies, the DROP |
30 | participant's named beneficiary shall be entitled to apply for |
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1 | and receive the benefits accrued in the DROP participant's |
2 | subsidiary DROP participant account as provided in section |
3 | 1114(d). |
4 | (b) Final benefit.--The monthly retirement system benefit |
5 | accrued in the DROP participant's subsidiary DROP participant |
6 | account during the month of a DROP participant's death shall be |
7 | the final monthly retirement system benefit credited for DROP |
8 | participation. |
9 | (c) Termination of eligibility.--A DROP participant's |
10 | eligibility to participate in the DROP terminates upon the death |
11 | of the DROP participant. If a DROP participant dies on or after |
12 | the effective date of participation in the DROP but before the |
13 | monthly retirement system benefit of the participant accruable |
14 | for the month has accrued in the DROP participant's subsidiary |
15 | DROP participant account, the local government shall pay the |
16 | monthly retirement system benefits as though the participant had |
17 | not elected DROP participation and had died after the member's |
18 | effective date of retirement but before receipt of the retired |
19 | member's first regular retirement benefit. |
20 | (d) Survivors ineligible for death benefit.--Except for |
21 | those benefits specifically payable as a result of death |
22 | incurred in the course of performing a hazardous public duty, |
23 | the survivors of a DROP participant who dies shall not be |
24 | eligible to receive retirement system death benefits payable in |
25 | the event of the death of an active member. |
26 | (e) Survivors eligible for retired member's death benefit.-- |
27 | The DROP participant's survivor shall be eligible to receive |
28 | retirement system death benefits normally payable in the event |
29 | of the death of a retired employee. |
30 | Section 1116. Subsequent employment. |
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1 | After both the termination of a DROP participant's employment |
2 | as a DROP participant by the local government and the expiration |
3 | of the DROP participation period, a former DROP participant |
4 | shall be subject to such reemployment limitations as other |
5 | retired members and shall be eligible for renewed membership as |
6 | an active member in the local government employees' retirement |
7 | system. |
8 | SUBCHAPTER C |
9 | ADMINISTRATIVE PROVISIONS |
10 | Section 1121. DROP participant account. |
11 | (a) General rule.--If a local government creates a DROP, it |
12 | shall establish a DROP participant account as an interest- |
13 | bearing ledger account in its pension trust fund. The account |
14 | balance shall be accounted for separately but need not be |
15 | physically segregated from other pension trust fund assets. |
16 | (b) Subsidiary DROP participant accounts.--A separate |
17 | interest-bearing subsidiary DROP participant account shall be |
18 | established for each DROP participant. While a retired member is |
19 | employed as a DROP participant, the member's monthly, normal |
20 | retirement benefit and interest thereon shall be credited to the |
21 | DROP participant's subsidiary DROP participant account under |
22 | section 1114(c). The interest shall be compounded and credited |
23 | monthly at an annual rate specified in the ordinance |
24 | establishing the DROP that shall be not less than 1% nor more |
25 | than 4 1/2%. |
26 | (c) Termination of employment.-- |
27 | (1) When a DROP participant terminates employment with |
28 | the local government as a DROP participant, the DROP |
29 | participant's total accumulated benefits shall be calculated, |
30 | charged to the DROP participant account and paid out of the |
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1 | pension trust fund under section 1114(d)(2). |
2 | (2) Under section 202(b), the balance in the DROP |
3 | participant account shall be excluded from actuarial |
4 | valuation reports of the retirement system prepared and filed |
5 | under this act. |
6 | (d) Account held in trust.--A DROP participant account shall |
7 | be held in trust for the exclusive benefit of DROP retired |
8 | members who are or were DROP participants and for the |
9 | beneficiaries of the members. |
10 | Section 1122. Audit. |
11 | The DROP established by the Pennsylvania Municipal Retirement |
12 | Board shall be subject to financial and compliance audits |
13 | conducted by the Auditor General with the initial audit |
14 | conducted within one year of establishment of the DROP. |
15 | Section 1123. Existing DROPs. |
16 | A local government that established a DROP prior to or on the |
17 | effective date of this section that does not conform to the |
18 | provisions of this chapter shall amend its plan within 180 days |
19 | of the effective date of this section or when the current labor- |
20 | management contract creating the plan expires, whichever is |
21 | later, to conform with the provisions of this chapter with |
22 | respect to future DROP participants. |
23 | Section 1124. Noncompliance. |
24 | (a) General rule.--If a local government that established a |
25 | DROP under section 1111(a) or the Pennsylvania Municipal |
26 | Retirement Board that established a DROP under section 1111(c) |
27 | fails to comply within 90 days with a finding by the Auditor |
28 | General of noncompliance with this chapter or if the finding is |
29 | appealed within 90 days of conclusion of the appeal process, the |
30 | failure to comply shall be deemed sufficient refusal by the |
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1 | local government or the Pennsylvania Municipal Retirement Board |
2 | to comply with its duty antecedent to the commencement of a |
3 | mandamus action and the Auditor General shall refer the finding |
4 | to the Attorney General. |
5 | (b) Mandamus action.--Upon receipt of the finding from the |
6 | Auditor General, the Attorney General, following an |
7 | administrative proceeding in accordance with 2 Pa.C.S. (relating |
8 | to administrative law and procedure), shall proceed in the name |
9 | of the Commonwealth to institute a legal proceeding for mandamus |
10 | and no other remedy at law shall be deemed to be sufficiently |
11 | adequate and appropriate to bar the commencement of this action. |
12 | SUBCHAPTER D | <-- |
13 | DESIGNATIONS |
14 | Section 1131. Spouse. |
15 | (a) Authorization.--Notwithstanding any ordinance or any |
16 | rule, regulation, procedure or policy of a municipal pension |
17 | system to the contrary, an active member of a municipal pension |
18 | system may designate the member's spouse to be the beneficiary |
19 | of the member's pension, regardless of the date of the marriage. |
20 | (b) Applicability.--The authorization under subsection (a) |
21 | shall apply retroactively to designations made after December |
22 | 31, 2006. |
23 | Section 19.1. The act of July 9, 1981 (P.L.208, No.66), |
24 | known as the Public Employee Retirement Commission Act, shall |
25 | not apply to this act. The Pennsylvania Employee Retirement |
26 | Commission shall prepare a letter supplementing the actuarial |
27 | note, dated July 15, 2009, relating to House Bill No. 1828, |
28 | Printer's No. 2384 (2009), and the actuarial note, dated July |
29 | 28, 2009, relating to House Bill No. 1874, Printer's No. 2522 |
30 | (2009), and transmit the letter to the Governor within five days |
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1 | of this act being signed in either chamber of the General |
2 | Assembly. |
3 | Section 20. Repeals are as follows: |
4 | (1) The General Assembly declares that the repeal under |
5 | paragraph (2) is necessary to effectuate the addition of |
6 | section 1004 902 of the act. | <-- |
7 | (2) Section 308 of the act of December 31, 1965 |
8 | (P.L.1257, No.511), known as The Local Tax Enabling Act, is |
9 | repealed. |
10 | Section 21. This act shall take effect immediately. as | <-- |
11 | follows: |
12 | (1) The addition of Chapter 7 of the act shall take |
13 | effect in 90 days. |
14 | (2) The remainder of this act shall take effect |
15 | immediately. |
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