PRINTER'S NO. 533
No. 476 Session of 2007
INTRODUCED BY NICKOL, BASTIAN, BELFANTI, BUXTON, CALTAGIRONE, CAPPELLI, CREIGHTON, DALLY, DePASQUALE, FABRIZIO, FRANKEL, FREEMAN, GEORGE, GILLESPIE, GINGRICH, GRUCELA, HANNA, HARHAI, HERSHEY, HESS, JAMES, MACKERETH, McILHATTAN, MICOZZIE, MILLARD, R. MILLER, MOUL, NAILOR, O'NEILL, PETRONE, READSHAW, REICHLEY, RUBLEY, SAINATO, SAYLOR, SIPTROTH, SOLOBAY, STABACK, STERN, TRUE, WALKO, YOUNGBLOOD AND HORNAMAN, FEBRUARY 26, 2007
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, FEBRUARY 26, 2007
AN ACT 1 Amending the act of February 1, 1966 (1965 P.L.1656, No.581), 2 entitled "An act concerning boroughs, and revising, amending 3 and consolidating the law relating to boroughs," providing 4 for retirement credit for military service for firefighters. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. The act of February 1, 1966 (1965 P.L.1656, 8 No.581), known as The Borough Code, is amended by adding a 9 section to read: 10 Section 1105.2. Retirement Credit for Military Service for 11 Firemen.--(a) Any fireman who has been a regularly appointed 12 employe of a borough in that position for a period of at least 13 six months and who thereafter shall enter into the military 14 service of the United States shall have credited to his 15 employment record for pension or retirement benefits all of the
1 time spent by him in such military service, if such person 2 returns or has heretofore returned to his employment within six 3 months after his separation from the service. 4 (b) The ordinance or resolution establishing the pension 5 fund for firemen may provide full service credit for each year 6 of military service or fraction thereof, not to exceed five 7 years, to any fireman who was not employed by the borough prior 8 to such military service. The amount due for the purchase of 9 credit for military service other than intervening military 10 service shall be computed by applying the average normal cost 11 rate for the pension fund for firemen as certified by the Public 12 Employee Retirement Commission, but not to exceed ten percent, 13 to the member's average annual rate of compensation over the 14 first three years of borough service and multiplying the result 15 by the number of years and fractional part of a year of 16 creditable nonintervening military service being purchased 17 together with interest at the rate of four and three-quarters 18 percent compounded annually from the date of initial entry into 19 borough service to the date of payment. 20 (c) Any fireman shall be eligible to receive service credit 21 for intervening or nonintervening military service as provided 22 in subsections (a) and (b), provided that he is not entitled to 23 receive, eligible to receive now or in the future or is 24 receiving retirement benefits for such service under a 25 retirement system administered and wholly or partially paid for 26 by any other governmental agency with the exception of a member 27 eligible to receive or receiving military retirement pay earned 28 by a combination of active duty and nonactive duty with a 29 reserve or national guard component of the armed forces, which 30 retirement pay is payable only upon the attainment of a 20070H0476B0533 - 2 -
1 specified age and period of service under 10 U.S.C. Ch. 67 2 (relating to retired pay for non-regular service). 3 Section 2. This act shall take effect in 60 days. A25L08JKL/20070H0476B0533 - 3 -