PRINTER'S NO. 1054
No. 898 Session of 1983
INTRODUCED BY CORMAN, STOUT, SHAFFER, RHOADES AND SINGEL,
JUNE 27, 1983
REFERRED TO LOCAL GOVERNMENT, JUNE 27, 1983
AN ACT
1 Amending the act of February 1, 1966 (1965 P.L.1656, No.581),
2 entitled "An act concerning boroughs, and revising, amending
3 and consolidating the law relating to boroughs," eliminating
4 mandatory retirement below age 70.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 1133 of the act of February 1, 1966 (1965
8 P.L.1656, No.581), known as The Borough Code, is amended to
9 read:
10 Section 1133. Service Required Before Retirement.--The
11 ordinance establishing the police pension fund shall prescribe a
12 minimum period of total service, and/or a minimum age after
13 which members of the force may be [retired] eligible for
14 retirement from active duty. Borough policemen so retired shall
15 be subject to service as police reserve, until unfitted for such
16 service by reason of age or disability, when they may be finally
17 discharged.
18 Section 2. Section 1190 of the act, amended October 22, 1981
1 (P.L.311, No.107), is amended to read:
2 Section 1190. Removals.--No person employed in any police or
3 fire force of any borough shall be suspended, removed or reduced
4 in rank except for the following reasons:
5 (1) Physical or mental disability affecting his ability to
6 continue in service, in which cases the person shall receive an
7 honorable discharge from service.
8 (2) Neglect or violation of any official duty.
9 (3) Violation of any law which provided that such violation
10 constitutes a misdemeanor or felony.
11 (4) Inefficiency, neglect, intemperance, immorality,
12 disobedience of orders, or conduct unbecoming an officer.
13 (5) Intoxication while on duty.
14 (6) Engaging or participating in conducting of any political
15 or election campaign otherwise than to exercise his own right of
16 suffrage.
17 A person so employed shall not be removed for religious,
18 racial or political reasons. A written statement of any charges
19 made against any person so employed shall be furnished to such
20 person within five days after the same are filed.
21 If for reasons of economy or other reasons it shall be deemed
22 necessary by any borough to reduce the number of paid employes
23 of the police or fire force, then [such borough shall apply the
24 following procedure: (i) if there are any employes eligible for
25 retirement under the terms of any retirement or pension law,
26 then such reduction in numbers shall be made by retirement of
27 such employes, starting with the oldest employe and following in
28 order of age respectively, (ii) if the number of paid employes
29 in the police force or fire force eligible to retirement is
30 insufficient to effect the necessary reduction in numbers, or if
19830S0898B1054 - 2 -
1 there are no persons eligible for retirement, or if no
2 retirement or pension fund exists, then] the reduction shall be
3 effected by furloughing the person or persons, including
4 probationers, last appointed to the respective force. Such
5 removal shall be accomplished by furloughing in numerical order
6 commencing with the person last appointed until such reduction
7 shall have been accomplished. In the event the said police force
8 or fire force shall again be increased the employes furloughed
9 shall be reinstated in the order of their seniority in the
10 service. The provisions of this paragraph as to reductions in
11 force are not applicable to a chief of police.
12 Section 3. This act shall take effect in 60 days.
F6L8VDL/19830S0898B1054 - 3 -