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                                                       PRINTER'S NO. 477

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 440 Session of 2001


        INTRODUCED BY KAISER, LESCOVITZ, READSHAW, BELARDI, CASORIO,
           HENNESSEY, COY, PISTELLA, CALTAGIRONE, WRIGHT, ORIE, SHANER,
           WOJNAROSKI, MAYERNIK, CORRIGAN, HERMAN, E. Z. TAYLOR, WOGAN,
           TIGUE, SURRA, SOLOBAY, LAUGHLIN, DALEY, M. COHEN, FREEMAN,
           C. WILLIAMS, COLAFELLA, WALKO, LEDERER, DeLUCA, YOUNGBLOOD,
           SAINATO, CIVERA, KENNEY AND WASHINGTON, FEBRUARY 5, 2001

        REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 5, 2001

                                     AN ACT

     1  Amending the act of May 29, 1956 (1955 P.L.1804, No.600),
     2     entitled, as amended, "An act providing for the establishment
     3     of police pension funds or pension annuities in certain
     4     boroughs, towns and townships; authorizing the establishment
     5     of police pension funds or pension annuities by regional
     6     police departments; providing for the regulation and
     7     maintenance of police pension funds or pension annuities;
     8     providing for an actuary; continuance of existing funds or
     9     transfer thereof to funds herein established; prescribing
    10     rights of beneficiaries; contributions by members; providing
    11     for expenses of administration; continuation of existing
    12     authority to provide annuity contracts; credit for military
    13     service; refunds; exempting allowances from judicial process;
    14     and repealing certain acts," further providing for payments
    15     to spouses.

    16     The General Assembly of the Commonwealth of Pennsylvania
    17  hereby enacts as follows:
    18     Section 1.  Section 1 of the act of May 29, 1956 (1955
    19  P.L.1804, No.600), referred to as the Municipal Police Pension
    20  Law, amended May 10, 1996 (P.L.162, No.33), is amended to read:
    21     Section 1.  (a)  Each borough, town and township of this
    22  Commonwealth maintaining a police force of three or more full-


     1  time members and each regional police department shall, and all
     2  other boroughs, towns or townships may, establish, by ordinance
     3  or resolution, a police pension fund or pension annuity to be
     4  maintained by a charge against each member of the police force,
     5  by annual appropriations made by the borough, town, township or
     6  regional police department, by payments made by the State
     7  Treasurer to the municipal treasurer from the moneys received
     8  from taxes paid upon premiums by foreign casualty insurance
     9  companies for purposes of pension retirement for policemen, and
    10  by gifts, grants, devises or bequests granted to the pension
    11  fund pursuant to section two of this act. Such fund shall be
    12  under the direction of the governing body of the borough, town,
    13  township or regional police department, and applied under such
    14  regulations as such governing body, by ordinance or resolution,
    15  may prescribe for the benefit of such members of the police
    16  force as shall receive honorable discharge therefrom by reason
    17  of age and service, or disability, and may prescribe for the
    18  benefit (i) of widows, even if they remarry, and if no widow
    19  survives or if she survives and subsequently dies [or
    20  remarries], then (ii) of child or children under the age of
    21  eighteen years, of members of the police force or of members
    22  retired on pension. All such pensions as shall be allowed to
    23  those who are retired by reason of disabilities shall be in
    24  conformity with a uniform scale. The widow of a member of the
    25  police force or a member who retires on pension who dies or if
    26  no widow survives or if she survives and subsequently dies [or
    27  remarries], then the child or children under the age of eighteen
    28  years of a member of the police force or a member who retires on
    29  pension who dies on or after the effective date of this
    30  amendment, may, during her lifetime [or so long as she does not
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     1  remarry in the case of a widow] or until reaching the age of
     2  eighteen years in the case of a child or children, be entitled
     3  to receive a pension calculated at the rate of fifty per centum
     4  of the pension the member was receiving or would have been
     5  receiving had he been retired at the time of his death.
     6     (b)  For purposes of this act, the term "regional police
     7  department" shall mean a municipal police force organized and
     8  operated in combination by two or more municipalities through an
     9  intermunicipal agreement under the act of July 12, 1972
    10  (P.L.762, No.180), referred to as the Intergovernmental
    11  Cooperation Law.
    12     Section 2.  This act shall take effect in 60 days.












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