PRINTER'S NO. 979
No. 900 Session of 1993
INTRODUCED BY CAWLEY, MARCH 24, 1993
REFERRED TO COMMITTEE ON URBAN AFFAIRS, MARCH 24, 1993
AN ACT
1 Amending the act of July 3, 1947 (P.L.1242, No.507), entitled
2 "An act relating to police and firemen's pension funds in
3 cities of the second class A, and directing such cities to
4 appropriate certain moneys thereto, and requiring reports and
5 audits," and the act of September 23, 1959 (P.L.970, No.400),
6 entitled "An act providing for the creation, maintenance and
7 operation of an employes' retirement system in cities of the
8 second class A, and imposing certain charges on cities of the
9 second class A and school districts in cities of the second
10 class A," further providing for credit for military service.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 1 of the act of July 3, 1947 (P.L.1242,
14 No.507), entitled "An act relating to police and firemen's
15 pension funds in cities of the second class A, and directing
16 such cities to appropriate certain moneys thereto, and requiring
17 reports and audits," amended July 15, 1968 (P.L.341, No.166), is
18 amended to read:
19 Section 1. There shall be paid over, as hereinafter
20 provided, to the organization or association constituting and
21 having in charge the distribution of police and firemen's
1 pension funds in every city of the second class A, three per
2 centum (3%) of all city taxes collected by the city, other than
3 taxes levied to pay interest on or to extinguish the debt of the
4 city, or any part thereof, to be divided equally between the
5 police and firemen's association or organization. In addition to
6 the three per centum (3%) of city taxes required to be paid
7 pursuant to this section, moneys shall be appropriated by cities
8 of the second class A to organizations and associations
9 distributing police and firemen's pension funds, whenever
10 necessary to enable the organizations or associations to pay the
11 amounts of minimum pensions prescribed by act of Assembly,
12 pursuant to section 11 of article III. of the Constitution of
13 Pennsylvania. In addition to the above payments and
14 appropriations, moneys may be appropriated by cities of the
15 second class A to organizations and associations distributing
16 police and firemen's pension funds, whenever necessary, to
17 entitle any policeman or fireman who is a member of the pension
18 fund and who served in the armed forces of the United States
19 subsequent to September 1, 1940, and who was not a member of the
20 police or firemen's pension funds prior to such military
21 service, and who commenced employment as a policeman or fireman
22 in a city of the second class A within [three (3) years] such
23 period from date of release from active duty, as the governing
24 body of the city shall determine by ordinance or resolution, to
25 have full credit for each year or fraction thereof, not to
26 exceed five (5) years of such service upon his payment to the
27 police or firemen's pension fund an amount equal to that which
28 he would have paid had he been a member during the period for
29 which he desires credit computed with reference to the
30 compensation he received upon entry into city service as a
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1 policeman or fireman and his current percentage of salary
2 deductions, and an additional amount as the equivalent of the
3 contributions of the city on account of such military service,
4 which amount may be paid in a lump sum or by installments as may
5 be approved by the organizations or associations distributing
6 pension funds to police and firemen.
7 Section 2. Section 12 of the act of September 23, 1959
8 (P.L.970, No.400), referred to as the Second Class A City
9 Employe Pension Law, amended July 15, 1968 (P.L.342, No.167), is
10 amended to read:
11 Section 12. Credit for Military Service; Payment into Fund;
12 Reimbursement.--Any city employe who, on or after September 16,
13 1940, has been employed by the city for a period of six months
14 and who, on or subsequent to such date, shall have enlisted or
15 been inducted into the military service of the United States in
16 time of war, armed conflict or national emergency so proclaimed
17 by the President or the Congress of the United States, shall
18 have credited to his employment record, for retirement benefits,
19 all of the time spent by him in such military service during the
20 continuance of such war, armed conflict, or national emergency,
21 and such payments as were heretofore or shall hereafter be
22 required to be made during such period by such city employe into
23 the city employes' retirement fund shall be paid into such fund
24 by the city. Any employes who have made payments into the city
25 employes' retirement fund, for which payments the city is liable
26 under the provisions of this act, shall be reimbursed by the
27 city to the full extent of such payments or be given credit
28 towards future payments under this act.
29 Any member of the pension fund who is a contributor and who
30 served in the armed forces of the United States subsequent to
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1 September 1, 1940, and who was not a member of the pension fund
2 prior to such military service, and who commenced employment in
3 city service within [three years] such period from date of
4 release from active duty, may, as the governing body of the city
5 or school district shall determine by ordinance or resolution,
6 be entitled to have full credit for each year or fraction
7 thereof, not to exceed five years of such service upon his
8 payment to the pension fund an amount equal to that which he
9 would have paid had he been a member during the period for which
10 he desires credit, computed with reference to the compensation
11 he received upon entry into city service and his current
12 percentage of salary deductions, and an additional amount as the
13 equivalent of the contributions of the city and school district
14 on account of such military service, which amount may be paid in
15 a lump sum or by installments as may be approved by the board.
16 Section 3. This act shall take effect immediately.
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