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        PRIOR PRINTER'S NO. 984                       PRINTER'S NO. 2630

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 866 Session of 1989


        INTRODUCED BY FOSTER, CALTAGIRONE, DORR, ROBBINS, MAINE,
           JAROLIN, JACKSON, COY, ANGSTADT, KASUNIC, CAWLEY, STABACK,
           DIETTERICK, TIGUE, STISH, GRUITZA AND F. TAYLOR,
           APRIL 3, 1989

        AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
           REPRESENTATIVES, AS AMENDED, OCTOBER 17, 1989

                                     AN ACT

     1  Amending the act of December 18, 1984 (P.L.1005, No.205),
     2     entitled "An act mandating actuarial funding standards for
     3     all municipal pension systems; establishing a recovery
     4     program for municipal pension systems determined to be
     5     financially distressed; providing for the distribution of the
     6     tax on the premiums of foreign fire insurance companies; and
     7     making repeals," further providing for ALLOCATION OF GENERAL   <--
     8     MUNICIPAL PENSION SYSTEM STATE AID AND FOR distribution of
     9     the foreign fire insurance premium tax.

    10     The General Assembly of the Commonwealth of Pennsylvania
    11  hereby enacts as follows:
    12     Section 1.  Section SECTIONS 402(E)(5) AND 706(b) of the act   <--
    13  of December 18, 1984 (P.L.1005, No.205), known as the Municipal
    14  Pension Plan Funding Standard and Recovery Act, is ARE amended    <--
    15  to read:
    16  SECTION 402.  REVISION OF FINANCING FROM STATE REVENUE SOURCES;   <--
    17                 GENERAL MUNICIPAL PENSION SYSTEM STATE AID
    18                 PROGRAM.
    19     * * *
    20     (E)  ALLOCATION OF GENERAL MUNICIPAL PENSION SYSTEM STATE

     1  AID.--
     2         * * *
     3         (5)  FOR THE PERIOD COMMENCING WITH THE DISTRIBUTION MADE
     4     DURING CALENDAR YEAR 1996, EACH ELIGIBLE MUNICIPALITY SHALL
     5     BE ENTITLED TO RECEIVE AS GENERAL MUNICIPAL PENSION SYSTEM
     6     STATE AID THE [LESSER] GREATER OF THE FOLLOWING AMOUNTS:
     7             (I)  THE ADJUSTED AMOUNT OF GENERAL MUNICIPAL PENSION
     8         SYSTEM STATE AID PER UNIT MULTIPLIED BY THE NUMBER OF
     9         UNITS CERTIFIED BY THAT MUNICIPALITY LESS ANY AMOUNT BY
    10         WHICH THE ADJUSTED AMOUNT EXCEEDS THE MAXIMUM AID AMOUNT
    11         APPLICABLE TO THE MUNICIPALITY PURSUANT TO SUBSECTION
    12         (F)(2); OR
    13             (II)  THE REVISED AMOUNT OF GENERAL MUNICIPAL PENSION
    14         SYSTEM STATE AID PER UNIT MULTIPLIED BY THE NUMBER OF
    15         UNITS CERTIFIED BY THAT MUNICIPALITY, WHICH REVISED
    16         AMOUNT SHALL BE DETERMINED PURSUANT TO PARAGRAPH (6).
    17         * * *
    18  Section 706.  Use of foreign fire insurance tax moneys.
    19     * * *
    20     (b)  Distribution of foreign fire insurance tax moneys.--
    21         (1)  The foreign fire insurance premium tax amount
    22     applicable to a municipality served solely by paid
    23     firefighters shall be allocated no later than September 30 to
    24     the General Municipal Pension System State Aid Program
    25     established pursuant to Chapter 4 for ultimate distribution
    26     pursuant to section 402.
    27         (2)  The foreign fire insurance premium tax amount
    28     applicable to a municipality served solely by volunteer
    29     firefighters shall be paid to the municipality, which shall
    30     within 60 days of the date of the receipt of the moneys from
    19890H0866B2630                  - 2 -

     1     the State Treasurer pay the amount received to the relief
     2     association fund of the fire department or departments, or
     3     fire company or companies, now existing or hereafter
     4     organized, inside or outside of the municipality, which is or
     5     are actively engaged in the service of the municipality and
     6     duly recognized by the governing body of the municipality.
     7         (3)  The foreign fire insurance premium tax amount
     8     applicable to a municipality served by both paid firefighters
     9     and volunteer firefighters shall be divided into the portion
    10     applicable to paid firefighters and the portion applicable to
    11     volunteer firefighters. The division of the amount shall be
    12     based on the proportion of the actual fire protection service
    13     in the municipality provided by each type of firefighter as
    14     certified by the municipality, except that in no event shall
    15     the portion applicable to paid firefighters be less than the
    16     smaller of the amount of foreign fire insurance premium tax
    17     applicable to the municipality or [the revised amount of
    18     general municipal pension system State aid per unit for the
    19     previous year determined pursuant to section 402, per paid
    20     firefighter, which for 1985 shall be deemed to be] $1,100 per
    21     paid firefighter. The ultimate distribution of the portion
    22     applicable to paid firefighters shall be governed by
    23     paragraph (1). The distribution of the portion applicable to
    24     volunteer firefighters shall be governed by paragraph (2).
    25     Section 2.  This act THE PROVISIONS OF SECTION 1 AMENDING      <--
    26  SECTION 706(B) OF THE MUNICIPAL PENSION PLAN FUNDING STANDARD
    27  AND RECOVERY ACT shall apply to distributions of the foreign
    28  fire insurance premium tax made after January 1, 1989.
    29     Section 3.  This act shall take effect immediately.

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