PRIOR PRINTER'S NO. 1685 PRINTER'S NO. 2226
No. 1362 Session of 2001
INTRODUCED BY S. H. SMITH, NICKOL, HENNESSEY, SCHULER, GODSHALL,
McILHATTAN, GEORGE, CAPPELLI, NAILOR, WATSON, PERZEL,
LAUGHLIN, WILT, CREIGHTON, T. STEVENSON, SOLOBAY, DALEY,
GEIST, McCALL, CALTAGIRONE, HORSEY, YOUNGBLOOD, McNAUGHTON,
THOMAS, LEWIS, MARSICO, GRUCELA, CURRY, JAMES, TRELLO, GABIG,
READSHAW, COLAFELLA AND STEELMAN, APRIL 25, 2001
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 13, 2001
AN ACT
1 Amending the act of February 1, 1974 (P.L.34, No.15), entitled
2 "An act creating a Pennsylvania Municipal Retirement System
3 for the payment of retirement allowances to officers,
4 employes, firemen and police of political subdivisions and
5 municipal authorities and of institutions supported and
6 maintained by political subdivisions and municipal government
7 associations and providing for the administration of the same
8 by a board composed of the State Treasurer and others
9 appointed by the Governor; imposing certain duties on the
10 Pennsylvania Municipal Retirement Board and the actuary
11 thereof; providing the procedure whereby political
12 subdivisions and municipal authorities may join such system,
13 and imposing certain liabilities and obligations on such
14 political subdivisions and municipal authorities in
15 connection therewith, and as to certain existing retirement
16 and pension systems, and upon officers, employes, firemen and
17 police of such political subdivisions, institutions supported
18 and maintained by political subdivisions, and upon municipal
19 authorities; providing for the continuation of certain
20 municipal retirement systems now administered by the
21 Commonwealth; providing certain exemptions from taxation,
22 execution, attachment, levy and sale and providing for the
23 repeal of certain related acts," further providing for
24 disability retirement of police officers.
25 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. Section 212(a) of the act of February 1, 1974 <--
3 (P.L.34, No.15), known as the Pennsylvania Municipal Retirement
4 Law, amended May 17, 1980 (P.L.135, No.50), is amended to read:
5 Section 212. Disability Retirement.--(a) After a
6 contributor has had ten or more years of total service, he may,
7 upon application or on the application of one acting in his
8 behalf, or upon application of a head of the department of the
9 municipality by which he is employed, be retired by the board on
10 a disability allowance if he is under superannuation retirement
11 age, and on a superannuation retirement allowance if he has
12 attained or passed such age, if the physician designated by the
13 board, after medical examination of the contributor made at the
14 place of residence of the contributor or at a place mutually
15 agreed upon, shall certify to the board that the contributor is
16 unable to engage in any gainful employment, or in the case of a
17 police officer that he is unable to perform the regular and
18 routine duties of that office, and that said contributor ought
19 to be retired. When the disability of a contributor is
20 determined to be service-connected, as defined in this act, no
21 minimum period of service shall be required for eligibility.
22 Application filing requirements shall be identical to those
23 outlined in subsection (a) of section 208.
24 * * *
25 SECTION 1. SECTIONS 313(A) AND 411(A) OF THE ACT OF FEBRUARY <--
26 1, 1974 (P.L.34, NO.15), KNOWN AS THE PENNSYLVANIA MUNICIPAL
27 RETIREMENT LAW, AMENDED MAY 17, 1980 (P.L.135, NO.50), ARE
28 AMENDED TO READ:
29 SECTION 313. DISABILITY RETIREMENT.--(A) AFTER A
30 CONTRIBUTOR HAS HAD TEN OR MORE YEARS OF TOTAL SERVICE, HE MAY,
20010H1362B2226 - 2 -
1 UPON APPLICATION OR ON APPLICATION OF ONE ACTING IN HIS BEHALF,
2 OR UPON APPLICATION OF A HEAD OF THE DEPARTMENT OF THE
3 MUNICIPALITY BY WHICH HE IS EMPLOYED, BE RETIRED BY THE BOARD ON
4 A DISABILITY ALLOWANCE IF HE IS UNDER SUPERANNUATION RETIREMENT
5 AGE, AND ON A SUPERANNUATION RETIREMENT ALLOWANCE IF HE HAS
6 ATTAINED OR PASSED SUCH AGE, IF THE PHYSICIAN DESIGNATED BY THE
7 BOARD, AFTER MEDICAL EXAMINATION OF THE CONTRIBUTOR MADE AT THE
8 PLACE OF RESIDENCE OF THE CONTRIBUTOR OR AT A PLACE MUTUALLY
9 AGREED UPON, SHALL CERTIFY TO THE BOARD THAT THE CONTRIBUTOR,
10 FOR MEDICAL REASONS, IS UNABLE TO [ENGAGE IN ANY GAINFUL
11 EMPLOYMENT] RETURN TO OR PERFORM THE DUTIES OF HIS OFFICE AND
12 THAT SAID CONTRIBUTOR OUGHT TO BE RETIRED. WHEN THE DISABILITY
13 OF A CONTRIBUTOR IS DETERMINED TO BE SERVICE-CONNECTED, AS
14 DEFINED IN THIS ACT, NO MINIMUM PERIOD OF SERVICE SHALL BE
15 REQUIRED FOR ELIGIBILITY. APPLICATION FILING REQUIREMENTS SHALL
16 BE IDENTICAL TO THOSE OUTLINED IN CLAUSE (1) OF SECTION 309.
17 * * *
18 SECTION 411. DISABILITY RETIREMENT.--(A) AFTER A MEMBER OF
19 A MUNICIPAL PLAN HAS HAD THE REQUIRED NUMBER OF YEARS OF TOTAL
20 SERVICE AS STATED IN THE CONTRACT, HE MAY, UPON APPLICATION OR
21 ON THE APPLICATION OF ONE ACTING IN HIS BEHALF, OR UPON
22 APPLICATION OF A HEAD OF THE DEPARTMENT OF THE MUNICIPALITY BY
23 WHICH HE IS EMPLOYED, BE RETIRED BY THE BOARD ON A DISABILITY
24 ALLOWANCE IF HE IS UNDER SUPERANNUATION RETIREMENT AGE, AND ON A
25 SUPERANNUATION RETIREMENT ALLOWANCE IF HE HAS ATTAINED OR PASSED
26 SUCH AGE, IF THE PHYSICIAN DESIGNATED BY THE BOARD, AFTER
27 MEDICAL EXAMINATION OF THE MEMBER MADE AT THE PLACE OF RESIDENCE
28 OF THE MEMBER OR AT A PLACE MUTUALLY AGREED UPON, SHALL CERTIFY
29 TO THE BOARD THAT THE MEMBER IS UNABLE TO ENGAGE IN ANY GAINFUL
30 EMPLOYMENT AND THAT SAID MEMBER OUGHT TO BE RETIRED. IN THE CASE
20010H1362B2226 - 3 -
1 OF A MEMBER OF A FIREFIGHTER OR POLICE PENSION PLAN WHO HAS HAD
2 THE REQUIRED NUMBER OF YEARS OF TOTAL SERVICE AS STATED IN THE
3 CONTRACT, THE MEMBER NEED ONLY BE CERTIFIED BY THE PHYSICIAN TO
4 BE UNABLE TO RETURN TO OR PERFORM THE DUTIES OF HIS OFFICE.
5 WHERE THE DISABILITY OF A MEMBER IS DETERMINED TO BE SERVICE-
6 CONNECTED, AS DEFINED IN THIS ACT, NO MINIMUM PERIOD OF SERVICE
7 SHALL BE REQUIRED FOR ELIGIBILITY. REQUIREMENTS FOR FILING
8 APPLICATIONS SHALL BE IDENTICAL TO THOSE OUTLINED IN CLAUSE (1)
9 OF SECTION 407.
10 * * *
11 Section 2. This act shall take effect in 60 days.
D23L53DMS/20010H1362B2226 - 4 -