PRINTER'S NO. 1989
No. 1385 Session of 1984
INTRODUCED BY CORMAN, STOUT, SHAFFER, FISHER, LEWIS, HOWARD,
STAPLETON, KELLEY, KUSSE, ROSS, LINCOLN, MOORE, SINGEL,
WENGER, RHOADES AND REIBMAN, MAY 14, 1984
REFERRED TO LOCAL GOVERNMENT, MAY 14, 1984
AN ACT
1 Amending the act of May 1, 1933 (P.L.103, No.69), entitled "An
2 act concerning townships of the second class; and amending,
3 revising, consolidating, and changing the law relating
4 thereto," further providing for the compensation of
5 supervisors and the purchase of insurance.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 515 of the act of May 1, 1933 (P.L.103,
9 No.69), known as The Second Class Township Code, reenacted and
10 amended July 10, 1947 (P.L.1481, No.567) and amended November 2,
11 1973 (P.L.324, No.105), is amended to read:
12 Section 515. Compensation of Supervisors.--[Supervisors may
13 receive from the general township fund, as compensation, twenty-
14 five dollars for each meeting which they attend. The
15 compensation of supervisors, when acting as superintendents,
16 roadmasters or laborers, shall be fixed by the township auditors
17 either per hour, per day, per week, semi-monthly or monthly,
18 which compensation shall not exceed compensation paid in the
19 locality for similar services, and such other reasonable
1 compensation for the use of a passenger car, or a two-axled
2 four-wheeled motor truck having a chassis weight of less than
3 two thousand pounds and a maximum gross weight of five thousand
4 pounds, or a class 2 truck, having a maximum gross weight of
5 seven thousand pounds when required and actually used for the
6 transportation of road and bridge laborers and their hand tools
7 and for the distribution of cinders and patching material from a
8 stock pile, as the auditors shall determine and approve; but no
9 supervisor shall receive compensation as a superintendent or
10 roadmaster for any day he receives compensation for attending a
11 meeting of supervisors, unless such meeting is held after
12 regular working hours.]
13 (a) Supervisors shall receive from the general township fund
14 compensation at the rate of twenty-five dollars ($25.00) per
15 meeting for each advertised general or special meeting of the
16 board of supervisors that they attend.
17 (b) The compensation of supervisors employed by the township
18 as superintendent, roadmaster, laborer, secretary, treasurer or
19 secretary/treasurer shall be fixed by the township auditors,
20 which compensation shall not exceed compensation paid in the
21 locality for similar services.
22 (c) A supervisor may contract with the township for use by
23 the township of a vehicle and/or equipment owned by such
24 supervisor. The compensation to be paid to the supervisor by the
25 township for such use shall be fixed by the township auditor.
26 (d) Supervisors may be reimbursed for mileage driven on
27 township business, other than attendance at regular or special
28 meetings of the board of supervisors. Such reimbursement shall
29 not be deemed to be compensation within the meaning of this act
30 and shall be fixed by the supervisors in accordance with the act
19840S1385B1989 - 2 -
1 of July 20, 1979 (P.L.156, No.51), entitled "An act establishing
2 a uniform mileage fee for all officials, officers and employees
3 of the Commonwealth, its political subdivisions, intermediate
4 units, and authorities."
5 (e) Any benefit provided to or for the benefit of a
6 supervisor employed by the township as a superintendent,
7 roadmaster, laborer, secretary, treasurer or secretary/treasurer
8 in the form of inclusion in a township-paid pension or annuity
9 plan shall be deemed to be compensation and shall be fixed by
10 the township auditors; however:
11 (1) The township auditors may ratify payments previously
12 made to a pension or annuity program, without auditor approval,
13 for or on behalf of such a supervisor-employe.
14 (2) Supervisors shall be eligible for inclusion in such
15 township pension or annuity programs only in their capacity as
16 superintendent, roadmaster, laborer, secretary, treasurer or
17 secretary/treasurer employed by the township.
18 (3) Auditor approval for inclusion of a supervisor-employe
19 once given shall not be rescinded in any subsequent years so
20 long as the pension or annuity plan remains in effect and said
21 supervisor remains employed by the township as superintendent,
22 roadmaster, laborer, secretary, treasurer or
23 secretary/treasurer; nor shall the auditors be empowered to take
24 or refrain from any action that would cause the disqualification
25 of all or any portion of the pension or annuity program under
26 the applicable Federal law. However, any substantial change in
27 the nature or amount of the contributions made by the township
28 with respect to a supervisor-employe shall require auditor
29 approval.
30 (f) Supervisors shall be eligible for inclusion in township-
19840S1385B1989 - 3 -
1 paid group life, health, hospitalization, medical service and
2 accident insurance plans. Eligibility of a supervisor for
3 inclusion in such plans and any benefit derived therefrom, shall
4 not be conditional upon such supervisor's employment by the
5 township as a superintendent, roadmaster, laborer, secretary,
6 treasurer or secretary/treasurer shall not be deemed to be
7 compensation within the meaning of this act, and shall not
8 require auditor approval.
9 Section 2. Clause XIII of section 702 of the act, amended
10 June 26, 1975 (P.L.34, No.17), is amended to read:
11 Section 702. Supervisors to Exercise Powers.--The corporate
12 powers of townships of the second class shall be exercised by
13 the township supervisors. Where no specific authority is given
14 for the expenditures incident to the exercise of any power
15 hereinafter conferred, or where no specific fund is designated
16 from which such expenditures shall be made, appropriations for
17 such expenditures shall be made only from the general township
18 fund. In addition to the duties imposed upon them by section 516
19 hereof, they shall have power--
20 * * *
21 XIII. Insurance.--To expend out of the general township fund
22 such amount as may be necessary to secure workmen's compensation
23 insurance for its employes, including volunteer firemen of
24 companies duly recognized by the township by motion or
25 resolution, killed or injured while going to, returning from, or
26 attending fires in said township or territory adjacent thereto,
27 or while performing any other duties authorized by the township;
28 to make contracts of insurance with any fire insurance company,
29 duly authorized by law to transact business in the Commonwealth
30 of Pennsylvania, on any building or property owned by such
19840S1385B1989 - 4 -
1 township, to make contracts with any insurance company, so
2 authorized, insuring any public liability of the township,
3 including insurance on every township officer, official, and
4 employe for liability arising from errors and omissions in the
5 performance of their duties in the course of their employment,
6 except that liability of elected or appointed officials or
7 officers for surcharge in accordance with law shall not be
8 affected hereby; and to make contracts of insurance with any
9 insurance company, or nonprofit hospitalization corporation, or
10 nonprofit medical service corporation, authorized to transact
11 business within the Commonwealth, insuring its officers, elected
12 and appointed officials including, but limited to supervisors,
13 employes, and/or their dependents, or any class or classes
14 thereof, under a policy or policies of group insurance covering
15 life, health, hospitalization, medical service, or accident
16 insurance, and may contract with any such company, granting
17 annuities or pensions, for the pensioning of [such] employes,
18 and for such purposes, may agree to pay part or all of the
19 premiums or charges for carrying such contracts, and may
20 appropriate out of its treasury any money necessary to pay such
21 premiums, or charges, or portions thereof. The supervisors are
22 hereby authorized, enabled and permitted to deduct from the
23 employe's pay, salary or compensation such part of the premium,
24 or charge, as is payable by the employe, and as may be so
25 authorized by the employe in writing. Any such contract entered
26 into on or after January 1, 1959 shall not be void or unlawful,
27 solely because of the inclusion therein of life, health,
28 hospitalization, medical service or accident insurance coverage
29 for any elected or appointed township official or any class or
30 classes thereof, nor shall the participation of such elected
19840S1385B1989 - 5 -
1 officials in such plans be unlawful; nor shall any penalty of
2 any kind, assessment, surcharge or disciplinary proceeding occur
3 as a result of said participation.
4 * * *
5 Section 3. This act shall take effect immediately.
E2L73JRW/19840S1385B1989 - 6 -