THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MOUL, D. COSTA, CREIGHTON, DALLY, FARRY, GROVE, HESS, MELIO, PALLONE, PYLE, ROAE, SIPTROTH, SOLOBAY AND YOUNGBLOOD, MARCH 23, 2009

REFERRED TO COMMITTEE ON FINANCE, MARCH 23, 2009  

AN ACT

Amending the act of February 1, 1974 (P.L.34, No.15), entitled

"An act creating a Pennsylvania Municipal Retirement System

for the payment of retirement allowances to officers,

employes, firemen and police of political subdivisions and

municipal authorities and of institutions supported and

maintained by political subdivisions and municipal government

associations and providing for the administration of the same

by a board composed of the State Treasurer and others

appointed by the Governor; imposing certain duties on the

Pennsylvania Municipal Retirement Board and the actuary

thereof; providing the procedure whereby political

subdivisions and municipal authorities may join such system,

and imposing certain liabilities and obligations on such

political subdivisions and municipal authorities in

connection therewith, and as to certain existing retirement

and pension systems, and upon officers, employes, firemen and

police of such political subdivisions, institutions supported

and maintained by political subdivisions, and upon municipal

authorities; providing for the continuation of certain

municipal retirement systems now administered by the

Commonwealth; providing certain exemptions from taxation,

execution, attachment, levy and sale and providing for the

repeal of certain related acts," further providing for

disability retirement of police officers.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 313(a) and 411(a) of the act of February

1, 1974 (P.L.34, No.15), known as the Pennsylvania Municipal

Retirement Law, amended May 17, 1980 (P.L.135, No.50), are

amended to read:

Section 313.  Disability Retirement.--(a)  After a

contributor has had ten or more years of total service, he may,

upon application or on application of one acting in his behalf,

or upon application of a head of the department of the

municipality by which he is employed, be retired by the board on

a disability allowance if he is under superannuation retirement

age, and on a superannuation retirement allowance if he has

attained or passed such age, if the physician designated by the

board, after medical examination of the contributor made at the

place of residence of the contributor or at a place mutually

agreed upon, shall certify to the board that the contributor,

for medical reasons, is unable to [engage in any gainful

employment] return to or perform the duties of his office and

that said contributor ought to be retired. When the disability

of a contributor is determined to be service-connected, as

defined in this act, no minimum period of service shall be

required for eligibility. Application filing requirements shall

be identical to those outlined in clause (1) of section 309.

* * *

Section 411.  Disability Retirement.--(a)  After a member of

a municipal plan has had the required number of years of total

service as stated in the contract, he may, upon application or

on the application of one acting in his behalf, or upon

application of a head of the department of the municipality by

which he is employed, be retired by the board on a disability

allowance if he is under superannuation retirement age, and on a

superannuation retirement allowance if he has attained or passed

such age, if the physician designated by the board, after

medical examination of the member made at the place of residence

of the member or at a place mutually agreed upon, shall certify

to the board that the member is unable to engage in any gainful

employment and that said member ought to be retired. In the case

of a member of a firefighter or police pension plan who has had

the required number of years of total service as stated in the

contract, the member need only be certified by the physician to

be unable to return to or perform the duties of his office. 

Where the disability of a member is determined to be service-

connected, as defined in this act, no minimum period of service

shall be required for eligibility. Requirements for filing

applications shall be identical to those outlined in clause (1)

of section 407.

* * *

Section 2.  This act shall take effect in 60 days.