PRINTER'S NO. 2060
No. 1625 Session of 2005
INTRODUCED BY M. KELLER, ARGALL, BUNT, CALTAGIRONE, CREIGHTON,
GOODMAN, GRELL, HARHAI, HARRIS, HENNESSEY, HERMAN, JAMES,
MAITLAND, McCALL, REICHLEY, SAYLOR, SIPTROTH, WATERS AND
WILT, JUNE 3, 2005
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 3, 2005
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 for municipal employees, for municipal
25 firemen and for municipal police and under optional
26 retirement plans.
27 The General Assembly of the Commonwealth of Pennsylvania
28 hereby enacts as follows:
29 Section 1. Sections 212(a) and (c), 313(a) and (c) and
1 411(a) and (c) of the act of February 1, 1974 (P.L.34, No.15),
2 known as the Pennsylvania Municipal Retirement Law, amended May
3 17, 1980 (P.L.135, No.50), are amended to read:
4 Section 212. Disability Retirement.--(a) After a
5 contributor has had ten or more years of total service, he may,
6 upon application or on the application of one acting in his
7 behalf, or upon application of a head of the department of the
8 municipality by which he is employed, be retired by the board on
9 a disability allowance if he is under superannuation retirement
10 age, and on a superannuation retirement allowance if he has
11 attained or passed such age, if the physician designated by the
12 board, after medical examination of the contributor made at the
13 place of residence of the contributor or at a place mutually
14 agreed upon, shall certify to the board that the contributor for
15 medical reasons is unable to [engage in any gainful employment]
16 return to or perform the duties of his position and that said
17 contributor ought to be retired. When the disability of a
18 contributor is determined to be service-connected, as defined in
19 this act, no minimum period of service shall be required for
20 eligibility. Application filing requirements shall be identical
21 to those outlined in subsection (a) of section 208.
22 * * *
23 (c) Once every year the board may require any disability
24 annuitant, while still under superannuation retirement age, to
25 undergo medical examination by a physician designated by the
26 board. Such examination shall be made at the place of residence
27 of the beneficiary or other place mutually agreed upon. Should
28 the physician report and certify to the board that such
29 disability beneficiary is no longer physically or mentally
30 incapacitated for the performance of duty and is able to [engage
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1 in a gainful occupation] return to or perform the duties of his
2 position, then his disability retirement allowance shall be
3 discontinued, and in lieu thereof an early involuntary
4 retirement allowance shall at that time be granted as if such
5 person had been retired not voluntarily, if such person shall
6 have had eight or more years of total service.
7 * * *
8 Section 313. Disability Retirement.--(a) After a
9 contributor has had ten or more years of total service, he may,
10 upon application or on application of one acting in his behalf,
11 or upon application of a head of the department of the
12 municipality by which he is employed, be retired by the board on
13 a disability allowance if he is under superannuation retirement
14 age, and on a superannuation retirement allowance if he has
15 attained or passed such age, if the physician designated by the
16 board, after medical examination of the contributor made at the
17 place of residence of the contributor or at a place mutually
18 agreed upon, shall certify to the board that the contributor for
19 medical reasons is unable to [engage in any gainful employment]
20 return to or perform the duties of his position and that said
21 contributor ought to be retired. When the disability of a
22 contributor is determined to be service-connected, as defined in
23 this act, no minimum period of service shall be required for
24 eligibility. Application filing requirements shall be identical
25 to those outlined in clause (1) of section 309.
26 * * *
27 (c) Once every year the board may require any disability
28 annuitant, while still under superannuation retirement age, to
29 undergo medical examination by a physician designated by the
30 board, and such examination shall be made at the place of
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1 residence of the annuitant or other place mutually agreed upon.
2 Should the physician report and certify to the board that such
3 disabled annuitant is no longer physically or mentally
4 incapacitated for the performance of duty and is able to [engage
5 in a gainful occupation] return to or perform the duties of his
6 position, then his disability retirement allowance shall be
7 discontinued, and in lieu thereof an early involuntary
8 retirement allowance shall at that time be granted as if such
9 person had been retired not voluntarily, if such person shall
10 have eight or more years of total service.
11 * * *
12 Section 411. Disability Retirement.--(a) After a member has
13 had the required number of years of total service as stated in
14 the contract, he may, upon application or on the application of
15 one acting in his behalf, or upon application of a head of the
16 department of the municipality by which he is employed, be
17 retired by the board on a disability allowance if he is under
18 superannuation retirement age, and on a superannuation
19 retirement allowance if he has attained or passed such age, if
20 the physician designated by the board, after medical examination
21 of the member made at the place of residence of the member or at
22 a place mutually agreed upon, shall certify to the board that
23 the member for medical reasons is unable to [engage in any
24 gainful employment] return to or perform the duties of his
25 position and that said member ought to be retired. Where the
26 disability of a member is determined to be service-connected, as
27 defined in this act, no minimum period of service shall be
28 required for eligibility. Requirements for filing applications
29 shall be identical to those outlined in clause (1) of section
30 407.
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1 * * *
2 (c) Once every year the board may require any disability
3 annuitant, while still under superannuation retirement age, to
4 undergo medical examination by a physician designated by the
5 board. Such examination shall be made at the place of residence
6 of the beneficiary or other place mutually agreed upon. Should
7 the physician report and certify to the board that such
8 disability beneficiary is no longer physically or mentally
9 incapacitated for the performance of duty and is able to [engage
10 in a gainful occupation] return to or perform the duties of this
11 position, then his disability retirement allowance shall be
12 discontinued, and in lieu thereof an early involuntary
13 retirement allowance shall at that time be granted as if such
14 person had been retired not voluntarily, if such a provision is
15 included in the contract and if such person shall have had the
16 required number of years of total service as stated in the
17 contract.
18 * * *
19 Section 2. This act shall take effect in 60 days.
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