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        PRIOR PRINTER'S NOS. 428, 2509                PRINTER'S NO. 3146

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 388 Session of 1989


        INTRODUCED BY DOMBROWSKI, FEE, CAPPABIANCA, VAN HORNE,
           CALTAGIRONE AND LEVDANSKY, FEBRUARY 13, 1989

        AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
           REPRESENTATIVES, AS AMENDED, MARCH 13, 1990

                                     AN ACT

     1  Amending the act of May 23, 1945 (P.L.903, No.362), entitled "An
     2     act authorizing cities of the third class to establish an
     3     optional retirement system for officers and employes
     4     independently of any pension system or systems existing in
     5     such cities," further providing for membership on retirement
     6     boards; and authorizing cost-of-living increases.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Section 3 of the act of May 23, 1945 (P.L.903,
    10  No.362), entitled "An act authorizing cities of the third class
    11  to establish an optional retirement system for officers and
    12  employes independently of any pension system or systems existing
    13  in such cities," amended July 18, 1986 (P.L.1413, No.128), is
    14  amended to read:
    15     Section 3.  In any such city which creates such retirement
    16  system there shall be created a board to be known as the
    17  "Officers and Employes Retirement Board," consisting of the
    18  mayor, the city controller, the director of finance, two
    19  employes to be chosen by the employes contributing to the

     1  retirement fund, a retired city employe chosen by the
     2  association of retired city employes and, if members of council
     3  participate in the retirement fund and are members of the fund,
     4  a member of council, chosen by council. It shall be the duty of
     5  said board to register all persons employed by the said city,
     6  and to administer the collections and distribution of the fund,
     7  herein provided for, and make such reasonable rules in the
     8  premises as such board may deem necessary to carry into effect
     9  the provisions of this act.
    10     Section 2.  The act is amended by adding a section to read:
    11     Section 4.1.  (a)  The board may, subject to the approval
    12  required under subsection (b), increase the compensation of
    13  persons receiving compensation of any kind from the fund by
    14  reason of and after the termination of the services of any
    15  member of the fund. Such increases shall be in conformity with a
    16  uniform scale, which shall be based on the cost of living         <--
    17  CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS CALCULATED BY THE    <--
    18  BUREAU OF LABOR STATISTICS OF THE UNITED STATES DEPARTMENT OF
    19  LABOR, but the total of any such allowance shall not at any time
    20  exceed one-half of the current salary being paid to nonuniformed
    21  employes of the highest pay grade. No cost-of-living increase
    22  shall be granted which would impair the actuarial soundness of
    23  the fund.
    24     (b)  The board may recommend the increase described in
    25  subsection (a) to the city council at any time. The PROVIDED      <--
    26  THAT THE PROVISIONS OF SECTION 305 OF THE ACT OF DECEMBER 18,
    27  1984 (P.L.1005, NO.205), KNOWN AS THE "MUNICIPAL PENSION PLAN
    28  FUNDING STANDARD AND RECOVERY ACT," HAVE BEEN SATISFIED, THE
    29  council may, by ordinance, approve this increase subject,
    30  however, to the approval of the mayor.
    19890H0388B3146                  - 2 -

     1     Section 3.  This act shall take effect in 60 days.




















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