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                                                       PRINTER'S NO. 431

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 404 Session of 2005


        INTRODUCED BY COSTA, MARCH 21, 2005

        REFERRED TO FINANCE, MARCH 21, 2005

                                     AN ACT

     1  Amending the act of July 28, 1953 (P.L.723, No.230), entitled,
     2     as amended, "An act relating to counties of the second class
     3     and second class A; amending, revising, consolidating and
     4     changing the laws relating thereto," further providing for
     5     retirement allowances.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Section 1710(h) of the act of July 28, 1953
     9  (P.L.723, No.230), known as the Second Class County Code,
    10  amended January 27, 1998 (P.L.1, No.1), is amended to read:
    11     Section 1710.  Employes Eligible for Retirement Allowances.--
    12  * * *
    13     (h) (1)  Option I.  Any present or future county employe who
    14  has not reached sixty years of age, and who has to his or her
    15  credit a period of at least the minimum number of years of
    16  service specified in subsection (a) of this section but less
    17  than twenty years of service, shall upon application to the
    18  board be eligible to receive at age sixty years a retirement
    19  allowance computed on a service period of twenty years, which

     1  shall equal one-twentieth of such amount as he or she may be
     2  eligible to receive in accordance with the provisions of
     3  subsection (a) of section 1712 for each year's service which
     4  such county employe may have to his or her credit during the
     5  aforesaid period of time. The time spent in the employ of the
     6  county or county institution district need not necessarily have
     7  been continuous.
     8     (2)  Option II.  Any present or future county employe who has
     9  not reached sixty years of age, and who has to his or her credit
    10  a period of the minimum number of years of service specified in
    11  subsection (a) of this section but less than twenty years of
    12  service, shall upon application to the board be eligible to
    13  receive thereafter, a retirement computed on a service period of
    14  twenty years, which shall equal one-twentieth of such amount as
    15  he or she may be eligible to receive in accordance with the
    16  provisions of subsection (a) of section 1712 for each year's
    17  service which such county employe may have to his or her credit
    18  during the aforesaid period of time. Further, the above
    19  retirement allowance shall be subject to a reduction of one-half
    20  of one per centum for each month under the age of sixty years.
    21  In no event shall a retirement allowance be paid until the age
    22  of fifty-five years is attained. The time spent in the employ of
    23  the county or county institution district need not necessarily
    24  have been continuous. The aforesaid retirement allowance elected
    25  under Option I shall become null and void if said county or
    26  county institution district employe is reemployed prior to age
    27  sixty in accordance with the provisions of subsection (c) of
    28  section 1712.
    29     (3)  Option III.  Any present or future county employe who
    30  has not reached sixty years of age, and who has to his or her
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     1  credit a period of at least twenty years of service shall upon
     2  application to the board be eligible to receive thereafter, a
     3  retirement computed on a service period of twenty years, which
     4  shall equal one-twentieth of such amount as he or she may be
     5  eligible to receive in accordance with the provisions of
     6  subsection (a) of section 1712 for each year's service which
     7  such county employe may have to his or her credit during the
     8  aforesaid period of time. Further, the above retirement
     9  allowance shall be subject to a reduction of one-half of one per
    10  centum for each month under the age of sixty years. In no event
    11  shall a retirement allowance be paid until the age of fifty-four
    12  years is attained. The time spent in the employ of the county or
    13  county institution district need not necessarily have been
    14  continuous. The aforesaid retirement allowance elected under
    15  Option I shall become null and void if said county or county
    16  institution district employe is reemployed prior to age sixty in
    17  accordance with the provisions of subsection (c) of section
    18  1712.
    19     * * *
    20     Section 2.  The amendment of section 1710(h) of the act shall
    21  be retroactive to January 1, 2006.
    22     Section 3.  The amendment of section 1710(h) of the act shall
    23  expire December 31, 2010.
    24     Section 4.  This act shall take effect January 1, 2005, or
    25  immediately, whichever is later.




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