PRIOR PRINTER'S NO. 490 PRINTER'S NO. 900
No. 457 Session of 2005
INTRODUCED BY M. WHITE, THOMPSON, FERLO, ORIE, ARMSTRONG,
KITCHEN, WOZNIAK, COSTA, EARLL, RAFFERTY, ROBBINS,
C. WILLIAMS AND LOGAN, MARCH 28, 2005
SENATOR THOMPSON, APPROPRIATIONS, RE-REPORTED AS AMENDED,
JUNE 13, 2005
AN ACT
1 Amending the act of June 23, 1931 (P.L.932, No.317), entitled
2 "An act relating to cities of the third class; and amending,
3 revising, and consolidating the law relating thereto,"
4 further providing for beneficiaries of fund not to be
5 employed by the city; AND PROVIDING FOR BENEFICIARIES SERVING <--
6 IN ELECTIVE OFFICE.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 4353 of the act of June 23, 1931
10 (P.L.932, No.317), known as The Third Class City Code, reenacted
11 and amended June 28, 1951 (P.L.662, No.164), is amended to read:
12 Section 4353. Beneficiaries of Fund not to be Employed by
13 City.--No person or persons who shall have become a beneficiary
14 shall be employed by the said city in any capacity[, excepting <--
15 in an office elected by popular vote, but during any such
16 elected term he or she shall not be entitled to a pension]. for <--
17 any month in which he or she accepts payment of a salary for
18 serving in such office SUBJECT TO THE PROVISIONS OF SECTION <--
19 4361, NOTHING HEREIN SHALL BE CONSTRUED AS PROHIBITING A PERSON
1 OR PERSONS WHO SHALL HAVE BECOME A BENEFICIARY FROM SERVING IN
2 AN ELECTIVE CITY OFFICE.
3 SECTION 2. ARTICLE XLIII OF THE ACT IS AMENDED BY ADDING A
4 SUBDIVISION TO READ:
5 (D) BENEFICIARIES SERVING IN ELECTIVE OFFICE
6 SECTION 4361. RIGHT TO A PENSION IF SALARY REFUSED.--IN ANY
7 CITY GOVERNED BY THE PROVISIONS OF THIS ACT, THE ACT OF JULY 15,
8 1957 (P.L.901, NO.399), KNOWN AS THE "OPTIONAL THIRD CLASS CITY
9 CHARTER LAW," OR 53 PA.C.S. PT. III SUBPT. E (RELATING TO HOME
10 RULE AND OPTIONAL PLAN GOVERNMENT), A BENEFICIARY SERVING IN AN
11 ELECTIVE CITY OFFICE SHALL NOT BE PROHIBITED FROM RECEIVING A
12 PENSION FOR ANY MONTH IN WHICH HE OR SHE DOES NOT ACCEPT A
13 SALARY FROM SERVING IN THE ELECTIVE OFFICE.
14 Section 2 3. This act shall take effect in 60 days. <--
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