PRINTER'S NO. 649
No. 600 Session of 1987
INTRODUCED BY VAN HORNE, TRELLO, IRVIS, MOWERY, FOSTER, NOYE, KUKOVICH, VEON, GODSHALL, HECKLER, PRESTON, BURD, HALUSKA, OLASZ, FARGO, SEVENTY, COLAFELLA AND WOZNIAK, MARCH 3, 1987
REFERRED TO COMMITTEE ON FINANCE, MARCH 3, 1987
AN ACT 1 Amending the act of December 6, 1972 (P.L.1383, No.293), 2 entitled "An act requiring municipal pension systems to have 3 an actuarial investigation of the fund made by an actuary who 4 shall report his findings to the Department of Community 5 Affairs," further providing for reports by certain 6 municipalities and local governmental units, for the filing 7 of reports and for failure to file timely reports. 8 The General Assembly of the Commonwealth of Pennsylvania 9 hereby enacts as follows: 10 Section 1. Sections 1, 2 and 3 of the act of December 6, 11 1972 (P.L.1383, No.293), entitled "An act requiring municipal 12 pension systems to have an actuarial investigation of the fund 13 made by an actuary who shall report his findings to the 14 Department of Community Affairs," are amended to read: 15 Section 1. [All pension systems] Any municipality or other 16 local governmental unit which maintains a pension system for 17 municipal employes, police [and firemen] officers or 18 firefighters and which is not required to file an actuarial 19 valuation report pursuant to the act of December 18, 1984 20 (P.L.1005, No.205), known as the "Municipal Pension Plan Funding
1 Standard and Recovery Act," shall employ or retain an actuary 2 who shall be paid by the municipality or other local 3 governmental unit to make an actuarial investigation of the 4 sufficiency of pension funds to pay retirement benefits. 5 Section 2. Upon the completion of the actuarial 6 investigation, the actuary shall send a copy of [his findings to 7 the Department of Community Affairs] the applicable report to 8 the municipality which shall file the report with any other 9 required information with the executive director of the Public 10 Employee Retirement Study Commission. [For pension systems 11 having less than fifty members, the report shall be made every 12 four years; for pension systems having fifty or more members, 13 the] The report shall be made [every two years] as of the 14 beginning of the plan year occurring in the first odd-numbered 15 calendar year occurring after the date of enactment of this act 16 and thereafter as of the beginning of each succeeding plan year 17 occurring in an odd-numbered calendar year and shall be filed 18 with the executive director of the commission no later than the 19 last business day of March occurring in the following calendar 20 year. 21 Section 3. [The Department of Community Affairs shall have 22 the power to specify the form and content of reports of 23 actuaries and to supply copies of the forms for reports of 24 actuaries.] Unless otherwise modified by action of the Public 25 Employee Retirement Study Commission, the actuarial report and 26 additional municipal information required pursuant to section 1 27 shall be in accordance with the applicable contents requirements 28 of the act of December 18, 1984 (P.L.1005, No.205), known as the 29 "Municipal Pension Plan Funding Standard and Recovery Act." 30 Section 2. Section 4 of the act, amended January 12, 1974 19870H0600B0649 - 2 -
1 (1973 P.L.444, No.158), is amended to read: 2 Section 4. If [an actuary study is not performed and 3 submitted to the Department of Community Affairs within ninety 4 days after December 31 of the year in which the actuary study is 5 required in sections 2 and 5 of the act, any and all pension 6 reimbursements from any sources which are payable by the 7 Commonwealth shall be withheld until such study is completed. 8 The actuary study shall be performed by the Department of 9 Community Affairs and the municipality shall reimburse the 10 Department of Community Affairs the actual cost of performing 11 the study] a complete actuarial report and complete additional 12 municipal information are not filed with the executive director 13 of the Public Employee Retirement Study Commission in a timely 14 fashion, the commission shall have the actuarial report prepared 15 and the municipality or other local governmental unit shall 16 reimburse the commission for the actual cost of the preparation 17 of the report. The commission shall utilize any powers it has 18 pursuant to the act of July 9, 1981 (P.L.208, No.66), known as 19 the "Public Employee Retirement Study Commission Act," to obtain 20 necessary information for preparation of the actuarial report or 21 to obtain the necessary additional municipal information. 22 Section 3. This act shall take effect immediately. A26L11DGS/19870H0600B0649 - 3 -