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                                                       PRINTER'S NO. 489

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 425 Session of 2007


        INTRODUCED BY WOJNAROSKI, BELFANTI, DALEY, GALLOWAY, GOODMAN,
           GRUCELA, JAMES, KIRKLAND, KOTIK, LEACH, PALLONE, PETRARCA,
           PHILLIPS AND READSHAW, FEBRUARY 13, 2007

        REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 13, 2007

                                     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 retirement and final discharge and for
     5     limited vested benefit.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Section 4302 of the act of June 23, 1931
     9  (P.L.932, No.317), known as The Third Class City Code, reenacted
    10  and amended June 28, 1951 (P.L.662, No.164) and amended November
    11  25, 1970 (P.L.754, No.246), is amended to read:
    12     Section 4302.  Retirement; Final Discharge.--Such ordinance
    13  shall prescribe a [minimum] period of continuous service[, not
    14  less than] of twenty years[, and, when any minimum age is
    15  prescribed, a minimum age of fifty years,] after which members
    16  of the force may retire from active duty, and such members as
    17  are retired shall be subject to service, from time to time, as a
    18  police reserve until unfitted for such service, when they may be
    19  finally retired by reason of age or disability.

     1     With the approval of council, any member of the police
     2  pension fund who is a contributor and who served in the armed
     3  forces of the United States subsequent to September 1, 1940, and
     4  who was not a member of the police pension fund prior to such
     5  military service, shall be entitled to have full credit for each
     6  year or fraction thereof, not to exceed five years of such
     7  service upon his payment to the police pension fund of an amount
     8  equal to that which he would have paid had he been a member
     9  during the period for which he desires credit, and his payment
    10  to such fund of an additional amount as the equivalent of the
    11  contributions of the city on account of such military service.
    12     Section 2.  Section 4302.1 of the act, added December 17,
    13  1990 (P.L.715, No.178), is amended to read:
    14     Section 4302.1.  Limited Vested Benefit.--(a)  The ordinance
    15  may provide for a limited vested benefit if such would conform
    16  to section 305 of the act of December 18, 1984 (P.L.1005,
    17  No.205), known as the "Municipal Pension Plan Funding Standard
    18  and Recovery Act." Under the provisions of the benefit, should a
    19  member of the police pension fund, before completing the
    20  [minimum age and] minimum period of continuous service
    21  requirements but after having completed twelve years of full-
    22  time service, the member shall be entitled to vest his or her
    23  retirement benefits subject to the following conditions:
    24     (1)  the member must file with the management board of the
    25  police pension fund a written notice of his or her intention to
    26  vest;
    27     (2)  the member must include in the notice, the date the
    28  member intends to terminate his or her service as a full-time
    29  police officer;
    30     (3)  the termination date shall be at least thirty days later
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     1  than the date of notice to vest;
     2     (4)  the member must be in good standing with the police
     3  department on the date of notice to vest; and
     4     (5)  the board shall indicate on the notice to vest the rate
     5  of the monthly pay of the member as of the date of said notice
     6  to vest or the highest average annual salary which the member
     7  received during any five years of service preceding said date,
     8  whichever is the higher.
     9     (b)  Upon reaching the date which would have been the
    10  member's retirement date had the member continued his or her
    11  full-time employment with the police department, the member
    12  shall notify the board, in writing, that the member desires to
    13  collect his or her pension. The amount of retirement benefits
    14  the member is entitled to receive under this section shall be
    15  computed as follows:
    16     (1)  the initial determination of the member's base
    17  retirement benefits shall be computed on the salary indicated on
    18  the notice to vest; and
    19     (2)  the portion of the base retirement benefits due the
    20  member shall be determined by applying to the base amount the
    21  percentage that his or her years of service actually rendered
    22  bears to the years of service which would have been rendered had
    23  the member continued to be employed by the department until his
    24  or her minimum retirement date.
    25     Section 3.  This act shall take effect immediately.




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