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                                                      PRINTER'S NO. 1358

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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
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     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.















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