PRINTER'S NO. 489
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 20070H0425B0489 - 2 -
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. L20L11SFL/20070H0425B0489 - 3 -