PRIOR PRINTER'S NO. 356 PRINTER'S NO. 1704
No. 334 Session of 1979
INTRODUCED BY MESSRS. DeMEDIO, MANMILLER, FEE, D. R. WRIGHT,
COCHRAN, BRUNNER, SWEET, DeWEESE, ZITTERMAN, ZELLER AND
TAYLOR, FEBRUARY 20, 1979
SENATOR LEWIS, LOCAL GOVERNMENT, IN SENATE, AS AMENDED,
JUNE 11, 1979
AN ACT
1 Amending the act of August 31, 1971 (P.L.398, No.96), entitled
2 "An act providing for the creation, maintenance and operation
3 of a county employes' retirement system, and imposing certain
4 charges on counties and providing penalties," further
5 providing credits for military service.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 13, act of August 31, 1971 (P.L.398,
9 No.96), known as the "County Pension Law," is amended to read:
10 Section 13. Credit for Military Service; Payments into Fund;
11 Reimbursement.--(a) Any county employe who, on or after
12 September 16, 1940 has been employed by the county for a period
13 of six months and who, on or subsequent to such date, shall have
14 enlisted or been inducted into the military service of the
15 United States in time of war, armed conflict or national
16 emergency, so proclaimed by the President or the Congress of the
17 United States, shall have credited to his employment record, for
18 retirement benefits, all of the time spent by him in such
1 military service during the continuance of such war, armed
2 conflict or national emergency. [and, such payments as were <--
3 heretofore or shall hereafter be required to be made during such
4 period by such county employe into the fund] CONTRIBUTIONS ON <--
5 ACCOUNT OF CREDIT FOR INTERVENING MILITARY SERVICE SHALL BE
6 DETERMINED BY THE EMPLOYE'S CONTRIBUTION RATE AND COMPENSATION
7 AT THE TIME OF ENTRY OF THE MEMBER INTO ACTIVE MILITARY SERVICE,
8 TOGETHER WITH INTEREST DURING ALL PERIODS OF SUBSEQUENT COUNTY
9 SERVICE TO DATE OF PURCHASE. SAID CONTRIBUTIONS shall be paid
10 into the fund by the county. Any employes who have made payments
11 into the fund for which payments the county is liable shall be
12 reimbursed by the county to the full extent of such payments, or
13 be given credit towards future employe payments.
14 (b) With the approval of the commissioners COUNTY RETIREMENT <--
15 BOARD, all members of the fund who are contributors and who
16 served in the armed forces of the United States subsequent to
17 September 1, 1940, and who were not members of the fund prior to
18 such military service, shall be entitled to have full service
19 credit for each year or fraction thereof, not to exceed five
20 years of such service. upon their payment to the fund of an <--
21 amount equal to that which they would have paid had they been
22 members during the period for which they desire credit, and
23 their payment to such fund of an additional amount as the
24 equivalent of the contributions of the county plus any interest
25 the county would have been required to pay on the contributions
26 on account of such military service: THE AMOUNT DUE FOR THE <--
27 PURCHASE OF CREDIT FOR MILITARY SERVICE OTHER THAN INTERVENING
28 MILITARY SERVICE SHALL BE DETERMINED BY APPLYING THE EMPLOYE'S
29 BASIC CONTRIBUTION RATE PLUS THE COUNTY'S NORMAL CONTRIBUTION
30 RATE FOR ACTIVE MEMBERS AT THE TIME OF ENTRY, SUBSEQUENT TO SUCH
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1 MILITARY SERVICE, OF THE EMPLOYE INTO COUNTY SERVICE TO HIS
2 AVERAGE ANNUAL RATE OF COMPENSATION OVER THE FIRST THREE YEARS
3 OF SUCH SUBSEQUENT COUNTY SERVICE AND MULTIPLYING THE RESULT BY
4 THE NUMBER OF YEARS AND FRACTIONAL PART OF A YEAR OF CREDITABLE
5 NONINTERVENING MILITARY SERVICE BEING PURCHASED TOGETHER WITH
6 INTEREST DURING ALL PERIODS OF SUBSEQUENT COUNTY SERVICE TO DATE
7 OF PURCHASE. Provided, That the member has three years of county
8 service subsequent to such military service: Provided further,
9 That he is not entitled to receive, eligible to receive now or
10 in the future, or is receiving retirement benefits for such
11 service under a retirement system administered and wholly or
12 partially paid for by any other governmental agency.
13 Section 2. This act shall take effect immediately.
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