PRINTER'S NO. 1358
No. 1180 Session of 1989
INTRODUCED BY McNALLY, DeWEESE, ITKIN, KUKOVICH, FEE, VEON, BUNT, JAROLIN, RYBAK, COY, MORRIS, GIGLIOTTI, STUBAN, ROBINSON, KOSINSKI, HAYDEN, BELFANTI, PRESTON, BISHOP, HALUSKA, TRICH, TRELLO, TANGRETTI, KAISER, TIGUE, LEVDANSKY, McCALL, FREEMAN, MICHLOVIC, MELIO, STABACK, DeLUCA, PISTELLA, KENNEY, JACKSON, MILLER, HAGARTY, FOX, NAHILL, WOGAN, DEMPSEY, KONDRICH, J. TAYLOR, JOSEPHS, GODSHALL, McVERRY, BELARDI, BOYES, CIVERA, VAN HORNE, E. Z. TAYLOR, LASHINGER, PETRARCA, PHILLIPS, ADOLPH AND RAYMOND, APRIL 17, 1989
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 17, 1989
AN ACT 1 Amending the act of May 29, 1956 (1955 P.L.1804, No.600), 2 entitled "An act providing for the establishment of police 3 pension funds or pension annuities in certain boroughs, towns 4 and townships, and the regulation and maintenance thereof; 5 providing for an actuary; continuance of existing funds or 6 transfer thereof to funds herein established; prescribing 7 rights of beneficiaries; contributions by members; providing 8 for expenses of administration; continuation of existing 9 authority to provide annuity contracts; credit for military 10 service; refunds; exempting allowances from judicial process; 11 and repealing certain acts," further providing for pensions 12 of surviving spouses. 13 The General Assembly of the Commonwealth of Pennsylvania 14 hereby enacts as follows: 15 Section 1. Section 1 of the act of May 29, 1956 (1955 16 P.L.1804, No.600), referred to as the Municipal Police Pension 17 Law, amended June 23, 1970 (P.L.417, No.139), is amended to 18 read: 19 Section 1. Each borough, town and township of this
1 Commonwealth maintaining a police force of three or more full- 2 time members shall, and all other boroughs, towns or townships 3 may, establish, by ordinance or resolution, a police pension 4 fund or pension annuity to be maintained by a charge against 5 each member of the police force, by annual appropriations made 6 by the borough, town or township, by payments made by the State 7 Treasurer to the municipal treasurer from the moneys received 8 from taxes paid upon premiums by foreign casualty insurance 9 companies for purposes of pension retirement for policemen, and 10 by gifts, grants, devises or bequests granted to the pension 11 fund pursuant to section two of this act. Such fund shall be 12 under the direction of the governing body of the borough, town 13 or township, and applied under such regulations as such 14 governing body, by ordinance or resolution, may prescribe for 15 the benefit of such members of the police force as shall receive 16 honorable discharge therefrom by reason of age and service, or 17 disability, and [may] shall prescribe for the benefit (i) of 18 [widows] surviving spouses, and if no [widow] surviving spouse 19 survives or if he or she survives and subsequently dies or 20 remarries, then (ii) of child or children under the age of 21 eighteen years, of members of the police force or of members 22 retired on pension. All such pensions as shall be allowed to 23 those who are retired by reason of disabilities shall be in 24 conformity with a uniform scale. The [widow] surviving spouse of 25 a member of the police force or a member who retires on pension 26 who dies or if no [widow] surviving spouse survives or if he or 27 she survives and subsequently dies or remarries, then the child 28 or children under the age of eighteen years of a member of the 29 police force or a member who retires on pension who dies on or 30 after the effective date of this amendment, may, during his or 19890H1180B1358 - 2 -
1 her lifetime or so long as he or she does not remarry in the 2 case of a [widow] surviving spouse or until reaching the age of 3 eighteen years in the case of a child or children, be entitled 4 to receive a pension calculated at the rate of fifty per centum 5 of the pension the member was receiving or would have been 6 receiving had he or she been retired at the time of his or her 7 death. 8 Section 2. This act shall take effect in 60 days. C28L53JLW/19890H1180B1358 - 3 -