PRINTER'S NO. 2796
No. 1995 Session of 2007
INTRODUCED BY MOUL, NICKOL, BEYER, CAPPELLI, CURRY, HARHAI,
HELM, HENNESSEY, HESS, KOTIK, MOYER, MURT, D. O'BRIEN,
READSHAW, REICHLEY, SCAVELLO, SIPTROTH, STERN, VEREB AND
VULAKOVICH, OCTOBER 30, 2007
REFERRED TO COMMITTEE ON FINANCE, OCTOBER 30, 2007
AN ACT
1 Amending the act of February 1, 1974 (P.L.34, No.15), entitled
2 "An act creating a Pennsylvania Municipal Retirement System
3 for the payment of retirement allowances to officers,
4 employes, firemen and police of political subdivisions and
5 municipal authorities and of institutions supported and
6 maintained by political subdivisions and municipal government
7 associations and providing for the administration of the same
8 by a board composed of the State Treasurer and others
9 appointed by the Governor; imposing certain duties on the
10 Pennsylvania Municipal Retirement Board and the actuary
11 thereof; providing the procedure whereby political
12 subdivisions and municipal authorities may join such system,
13 and imposing certain liabilities and obligations on such
14 political subdivisions and municipal authorities in
15 connection therewith, and as to certain existing retirement
16 and pension systems, and upon officers, employes, firemen and
17 police of such political subdivisions, institutions supported
18 and maintained by political subdivisions, and upon municipal
19 authorities; providing for the continuation of certain
20 municipal retirement systems now administered by the
21 Commonwealth; providing certain exemptions from taxation,
22 execution, attachment, levy and sale and providing for the
23 repeal of certain related acts," further providing for
24 disability retirement of police officers.
25 The General Assembly of the Commonwealth of Pennsylvania
26 hereby enacts as follows:
27 Section 1. Sections 313(a) and 411(a) of the act of February
28 1, 1974 (P.L.34, No.15), known as the Pennsylvania Municipal
1 Retirement Law, amended May 17, 1980 (P.L.135, No.50), are
2 amended to read:
3 Section 313. Disability Retirement.--(a) After a
4 contributor has had ten or more years of total service, he may,
5 upon application or on application of one acting in his behalf,
6 or upon application of a head of the department of the
7 municipality by which he is employed, be retired by the board on
8 a disability allowance if he is under superannuation retirement
9 age, and on a superannuation retirement allowance if he has
10 attained or passed such age, if the physician designated by the
11 board, after medical examination of the contributor made at the
12 place of residence of the contributor or at a place mutually
13 agreed upon, shall certify to the board that the contributor,
14 for medical reasons, is unable to [engage in any gainful
15 employment] return to or perform the duties of his office and
16 that said contributor ought to be retired. When the disability
17 of a contributor is determined to be service-connected, as
18 defined in this act, no minimum period of service shall be
19 required for eligibility. Application filing requirements shall
20 be identical to those outlined in clause (1) of section 309.
21 * * *
22 Section 411. Disability Retirement.--(a) After a member of
23 a municipal plan has had the required number of years of total
24 service as stated in the contract, he may, upon application or
25 on the application of one acting in his behalf, or upon
26 application of a head of the department of the municipality by
27 which he is employed, be retired by the board on a disability
28 allowance if he is under superannuation retirement age, and on a
29 superannuation retirement allowance if he has attained or passed
30 such age, if the physician designated by the board, after
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1 medical examination of the member made at the place of residence
2 of the member or at a place mutually agreed upon, shall certify
3 to the board that the member is unable to engage in any gainful
4 employment and that said member ought to be retired. In the case
5 of a member of a firefighter or police pension plan who has had
6 the required number of years of total service as stated in the
7 contract, the member need only be certified by the physician to
8 be unable to return to or perform the duties of his office.
9 Where the disability of a member is determined to be service-
10 connected, as defined in this act, no minimum period of service
11 shall be required for eligibility. Requirements for filing
12 applications shall be identical to those outlined in clause (1)
13 of section 407.
14 * * *
15 Section 2. This act shall take effect in 60 days.
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