SENATE AMENDED
PRIOR PRINTER'S NOS. 2004, 2766, 3237, PRINTER'S NO. 4229
4179
No. 1639 Session of 1999
INTRODUCED BY KAISER, SOLOBAY, MAYERNIK, MARKOSEK, CASORIO,
WOJNAROSKI, READSHAW, WALKO, DERMODY, YOUNGBLOOD, SAINATO,
SERAFINI, COLAFELLA, HARHAI, THOMAS AND VAN HORNE,
JUNE 14, 1999
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 21, 2000
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; clarifying a term; and making an editorial change
16 BENEFITS. <--
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Section 1 of the act of May 29, 1956 (1955
20 P.L.1804, No.600), referred to as the Municipal Police Pension
21 Law, amended May 10, 1996 (P.L.102, No.33), is amended to read:
22 Section 1. (a) Each borough, town and township of this <--
23 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] 53 Pa.C.S. Pt. III, Subpt. D (relating to area
12 government and intergovernmental cooperation).
13 Section 2. The act is amended by adding a section to read:
14 Section 11.2. For purposes of this act, the term "widow"
15 shall include a widower.
16 Section 3. This act shall take effect in 60 days.
17 SECTION 1. (A) (1) EACH BOROUGH, TOWN AND TOWNSHIP OF THIS <--
18 COMMONWEALTH MAINTAINING A POLICE FORCE OF THREE OR MORE FULL-
19 TIME MEMBERS AND EACH REGIONAL POLICE DEPARTMENT SHALL, AND ALL
20 OTHER BOROUGHS, TOWNS OR TOWNSHIPS MAY, ESTABLISH, BY ORDINANCE
21 OR RESOLUTION, A POLICE PENSION FUND OR PENSION ANNUITY TO BE
22 MAINTAINED BY A CHARGE AGAINST EACH MEMBER OF THE POLICE FORCE,
23 BY ANNUAL APPROPRIATIONS MADE BY THE BOROUGH, TOWN, TOWNSHIP OR
24 REGIONAL POLICE DEPARTMENT, BY PAYMENTS MADE BY THE STATE
25 TREASURER TO THE MUNICIPAL TREASURER FROM THE MONEYS RECEIVED
26 FROM TAXES PAID UPON PREMIUMS BY FOREIGN CASUALTY INSURANCE
27 COMPANIES FOR PURPOSES OF PENSION RETIREMENT FOR POLICEMEN, AND
28 BY GIFTS, GRANTS, DEVISES OR BEQUESTS GRANTED TO THE PENSION
29 FUND PURSUANT TO SECTION TWO OF THIS ACT.
30 (2) SUCH FUND SHALL BE UNDER THE DIRECTION OF THE GOVERNING
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1 BODY OF THE BOROUGH, TOWN, TOWNSHIP OR REGIONAL POLICE
2 DEPARTMENT, AND APPLIED UNDER SUCH REGULATIONS AS SUCH GOVERNING
3 BODY, BY ORDINANCE OR RESOLUTION, [MAY] SHALL PRESCRIBE FOR THE
4 BENEFIT OF SUCH MEMBERS OF THE POLICE FORCE AS SHALL RECEIVE
5 HONORABLE DISCHARGE THEREFROM BY REASON OF AGE AND SERVICE, OR
6 DISABILITY, AND [MAY] SHALL PRESCRIBE FOR THE BENEFIT (I) OF
7 WIDOWS, AND IF NO WIDOW SURVIVES OR IF SHE SURVIVES AND
8 SUBSEQUENTLY DIES [OR REMARRIES], THEN (II) OF CHILD OR CHILDREN
9 UNDER THE AGE OF EIGHTEEN YEARS OR IF ATTENDING COLLEGE, UNDER
10 THE AGE OF TWENTY-THREE YEARS, OF MEMBERS OF THE POLICE FORCE OR
11 OF MEMBERS RETIRED ON PENSION. FOR PURPOSES OF IMPLEMENTING THIS
12 SECTION, AS WELL AS SUBSECTION (A)(4), THE PHRASE "ATTENDING
13 COLLEGE" SHALL MEAN THAT THE ELIGIBLE CHILDREN ARE REGISTERED AT
14 AN ACCREDITED INSTITUTION OF HIGHER LEARNING AND ARE CARRYING A
15 MINIMUM COURSE LOAD OF SEVEN CREDIT HOURS PER SEMESTER.
16 [ALL SUCH PENSIONS AS SHALL BE ALLOWED TO THOSE WHO ARE
17 RETIRED BY REASON OF DISABILITIES SHALL BE IN CONFORMITY WITH A
18 UNIFORM SCALE.]
19 (3) THE WIDOW OF A MEMBER OF THE POLICE FORCE OR A MEMBER
20 WHO RETIRES ON PENSION WHO DIES OR IF NO WIDOW SURVIVES OR IF
21 SHE SURVIVES AND SUBSEQUENTLY DIES [OR REMARRIES], THEN THE
22 CHILD OR CHILDREN UNDER THE AGE OF EIGHTEEN YEARS OR IF
23 ATTENDING COLLEGE, UNTIL REACHING THE AGE OF TWENTY-THREE YEARS,
24 OF A MEMBER OF THE POLICE FORCE OR A MEMBER WHO RETIRES ON
25 PENSION WHO DIES [ON OR AFTER THE EFFECTIVE DATE OF THIS
26 AMENDMENT, MAY], SHALL, DURING HER LIFETIME [OR SO LONG AS SHE <--
27 DOES NOT REMARRY] IN THE CASE OF A WIDOW OR UNTIL REACHING THE
28 AGE OF EIGHTEEN YEARS OR IF ATTENDING COLLEGE, UNTIL REACHING
29 THE AGE OF TWENTY-THREE YEARS, IN THE CASE OF A CHILD OR
30 CHILDREN, BE ENTITLED TO RECEIVE A PENSION CALCULATED AT THE
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1 RATE OF FIFTY PER CENTUM OF THE PENSION THE MEMBER WAS RECEIVING
2 OR WOULD HAVE BEEN RECEIVING HAD HE BEEN RETIRED AT THE TIME OF
3 HIS DEATH.
4 (4) (I) THE WIDOW OF:
5 (A) A MEMBER OF THE POLICE FORCE WHO DIES ON OR AFTER THE
6 EFFECTIVE DATE OF THIS CLAUSE;
7 (B) A MEMBER WHO WAS ELIGIBLE FOR A PENSION BUT HAD NOT
8 BEGUN COLLECTING A PENSION WHO DIES ON OR AFTER THE EFFECTIVE
9 DATE OF THIS CLAUSE; OR
10 (C) A MEMBER WHO RETIRES ON PENSION WHO DIES ON OR AFTER THE
11 EFFECTIVE DATE OF THIS CLAUSE
12 SHALL, DURING HER LIFETIME, BE ENTITLED TO RECEIVE A PENSION
13 CALCULATED AT THE RATE OF FIFTY PER CENTUM OF THE PENSION THE
14 MEMBER WAS RECEIVING OR WOULD HAVE BEEN RECEIVING HAD HE BEEN
15 RETIRED AT THE TIME OF HIS DEATH, EXCEPT THAT IF THE ASSETS OF <--
16 THE PENSION FUND EXCEED THE PRESENT VALUE OF FUTURE BENEFITS AS
17 REPORTED IN THE LAST ACTUARIAL VALUATION REPORT FILED WITH THE
18 PUBLIC EMPLOYEE RETIREMENT COMMISSION UNDER THE ACT OF DECEMBER
19 18, 1984 (P.L.1005, NO.205), KNOWN AS THE "MUNICIPAL PENSION
20 PLAN FUNDING STANDARD AND RECOVERY ACT," BOTH BEFORE AND AFTER
21 THE ACTUARY HAS COSTED OUT A JOINT AND ONE HUNDRED PER CENTUM
22 SURVIVORSHIP RETIREMENT BENEFIT, SUCH THE ENTITLEMENT SHALL BE <--
23 CALCULATED AT ONE HUNDRED PER CENTUM OF THE PENSION THE MEMBER
24 WAS RECEIVING OR WOULD HAVE BEEN RECEIVING HAD HE BEEN RETIRED
25 AT THE TIME OF HIS DEATH FOR ALL MEMBERS WHO RETIRE, OR WHO DIE
26 BUT WERE ELIGIBLE TO RETIRE, DURING THE PERIOD THE ASSETS OF THE
27 PENSION FUND EXCEED THE PRESENT VALUE OF FUTURE BENEFITS AS SET
28 FORTH ABOVE.
29 (II) IF NO WIDOW SURVIVES OR IF SHE SURVIVES AND
30 SUBSEQUENTLY DIES, THEN THE CHILD OR CHILDREN OF THE MEMBER
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1 SHALL BE ENTITLED TO RECEIVE A PENSION AS SET FORTH ABOVE UNTIL
2 REACHING THE AGE OF EIGHTEEN YEARS OR IF ATTENDING COLLEGE,
3 UNTIL REACHING THE AGE OF TWENTY-THREE YEARS.
4 (5) ALL SUCH PENSIONS AS SHALL BE ALLOWED TO THOSE WHO ARE
5 RETIRED BY REASON OF DISABILITIES SHALL BE IN CONFORMITY WITH A
6 UNIFORM SCALE.
7 (6) THE WIDOW OF A MEMBER OF THE POLICE FORCE WHO DIES BEFORE
8 HIS PENSION HAS VESTED OR IF NO WIDOW SURVIVES OR IF SHE
9 SURVIVES AND SUBSEQUENTLY DIES, THE CHILD OR CHILDREN UNDER THE
10 AGE OF EIGHTEEN YEARS, OR IF ATTENDING COLLEGE, UNDER THE AGE OF
11 TWENTY-THREE YEARS, OF THE MEMBER OF THE POLICE FORCE, SHALL BE <--
12 ENTITLED TO RECEIVE REPAYMENT OF ALL MONEY WHICH THE MEMBER
13 INVESTED IN THE PENSION FUND PLUS INTEREST OR OTHER INCREASES IN
14 VALUE OF THE MEMBER'S INVESTMENT IN THE PENSION FUND, UNLESS THE
15 MEMBER HAS DESIGNATED ANOTHER BENEFICIARY FOR THIS PURPOSE.
16 (B) FOR PURPOSES OF THIS ACT, THE TERM "REGIONAL POLICE
17 DEPARTMENT" SHALL MEAN A MUNICIPAL POLICE FORCE ORGANIZED AND
18 OPERATED IN COMBINATION BY TWO OR MORE MUNICIPALITIES THROUGH AN
19 INTERMUNICIPAL AGREEMENT UNDER THE ACT OF JULY 12, 1972
20 (P.L.762, NO.180), REFERRED TO AS THE INTERGOVERNMENTAL
21 COOPERATION LAW.
22 SECTION 2. SECTION 5(C) AND (E) OF THE ACT, AMENDED FEBRUARY
23 18, 1998 (P.L.158, NO.24), ARE AMENDED TO READ:
24 SECTION 5. * * *
25 (C) MONTHLY PENSION OR RETIREMENT BENEFITS OTHER THAN LENGTH
26 OF SERVICE INCREMENTS SHALL BE COMPUTED AT ONE-HALF THE MONTHLY
27 AVERAGE SALARY OF SUCH MEMBER DURING NOT MORE THAN THE LAST
28 SIXTY NOR LESS THAN THE LAST THIRTY-SIX MONTHS OF EMPLOYMENT[.],
29 EXCEPT THAT IF THE ASSETS OF THE PENSION FUND EXCEED THE PRESENT
30 VALUE OF FUTURE BENEFITS AS REPORTED IN THE LAST ACTUARIAL
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1 VALUATION REPORT FILED WITH THE PUBLIC EMPLOYEE RETIREMENT
2 COMMISSION UNDER THE ACT OF DECEMBER 18, 1984 (P.L.1005,
3 NO.205), KNOWN AS THE "MUNICIPAL PENSION PLAN FUNDING STANDARD
4 AND RECOVERY ACT," BOTH BEFORE AND AFTER THE ACTUARY HAS COSTED
5 OUT BENEFITS IN EXCESS OF THE LIMITS HEREIN PRESCRIBED, SUCH THE <--
6 MONTHLY PENSION OR RETIREMENT BENEFITS MAY BE COMPUTED IN EXCESS
7 OF THE LIMITS HEREIN PRESCRIBED FOR ALL MEMBERS WHO RETIRE, OR
8 WHO DIE BUT WERE ELIGIBLE TO RETIRE, DURING THE PERIOD THE
9 ASSETS OF THE PENSION FUND EXCEED THE PRESENT VALUE OF FUTURE
10 BENEFITS AS SET FORTH ABOVE. PURSUANT TO THIS SECTION, THE LEVEL
11 OF ENHANCED PENSION BENEFITS FOR PROSPECTIVE RETIREES MAY BE
12 READJUSTED FROM VALUATION PERIOD TO VALUATION PERIOD, IF
13 NECESSARY, TO ENSURE THAT THE ASSETS OF THE PENSION FUND EXCEED <--
14 THE PRESENT VALUE OF FUTURE BENEFITS BOTH BEFORE AND AFTER THE
15 ACTUARY HAS COSTED OUT SUCH ENHANCED BENEFITS. SUCH PENSION OR
16 RETIREMENT BENEFITS FOR ANY MONTH SHALL BE COMPUTED AS THE SUM
17 OF (1) ANY PENSION BENEFITS FROM PENSION PLANS HERETOFORE
18 ESTABLISHED BY A PRIVATE ORGANIZATION OR ASSOCIATION FOR THE
19 MEMBERS OF THE POLICE FORCE BUT ONLY TO THE EXTENT THAT THIS
20 COMMONWEALTH OR ANY OF ITS MUNICIPALITIES SHALL HAVE CONTRIBUTED
21 TO SUCH PENSION PLAN MONEYS RAISED BY TAXATION; (2) IF POSITIONS
22 COVERED BY THE FUND ARE INCLUDED IN AN AGREEMENT UNDER THE
23 FEDERAL SOCIAL SECURITY ACT, UP TO SEVENTY-FIVE PER CENTUM OF
24 HIS FULL SOCIAL SECURITY OLD-AGE INSURANCE BENEFIT CALCULATED IN
25 ACCORDANCE WITH THE PROVISIONS OF THE FEDERAL SOCIAL SECURITY
26 ACT IN EFFECT ON THE DATE OF HIS TERMINATION OF EMPLOYMENT,
27 EXCEPT THAT SUCH AMOUNT SHALL BE INCLUDED ONLY UPON ATTAINMENT
28 OF THE AGE AT WHICH THE OFFICER WOULD BE ELIGIBLE TO RECEIVE
29 FULL SOCIAL SECURITY OLD-AGE INSURANCE BENEFITS AND IN
30 DETERMINING SUCH ELIGIBILITY AND SUCH AMOUNT ONLY COMPENSATION
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1 FOR SERVICES ACTUALLY RENDERED BY THE OFFICER AND COVERED BY THE
2 POLICE PENSION FUND SHALL BE INCLUDED; AND (3) BENEFITS FROM THE
3 POLICE PENSION FUND ESTABLISHED PURSUANT TO THIS ACT TO THE
4 EXTENT NECESSARY TO BRING THE TOTAL BENEFITS IN ANY MONTH UP TO
5 ONE-HALF THE AFORESAID MONTHLY AVERAGE SALARY EXCEPT THAT ANY
6 OFFICER WHO RECEIVES PENSION OR RETIREMENT BENEFITS FROM ANY
7 PLAN ESTABLISHED AT ANY TIME PURSUANT TO THIS ACT AND WHO IS
8 ALSO ENTITLED TO RECEIVE SOCIAL SECURITY OLD-AGE INSURANCE
9 BENEFITS SHALL NOT REGARDLESS OF WHEN THE OFFICER RETIRED FROM
10 ACTIVE SERVICE HAVE HIS PENSION OR RETIREMENT BENEFITS OFFSET OR
11 REDUCED BY MORE THAN SEVENTY-FIVE PER CENTUM OF THE SOCIAL
12 SECURITY OLD-AGE INSURANCE BENEFITS WHICH HE RECEIVES.
13 * * *
14 (E) IN THE CASE OF THE PAYMENT OF PENSIONS FOR PERMANENT
15 INJURIES INCURRED IN SERVICE AND TO FAMILIES OF MEMBERS KILLED
16 IN SERVICE, THE AMOUNT AND COMMENCEMENT OF THE PAYMENTS SHALL BE
17 FIXED BY REGULATIONS OF THE GOVERNING BODY OF THE BOROUGH, TOWN,
18 TOWNSHIP OR REGIONAL POLICE DEPARTMENT[.], PROVIDED THAT
19 PENSIONS FOR PERMANENT INJURIES INCURRED IN SERVICE SHALL BE
20 CALCULATED AT NO LESS THAN FIFTY PER CENTUM OF THE MEMBER'S
21 SALARY AT THE TIME THE DISABILITY WAS INCURRED AND PROVIDED
22 FURTHER THAT PENSIONS FOR THE FAMILIES OF MEMBERS KILLED IN
23 SERVICE SHALL BE CALCULATED AT ONE HUNDRED PER CENTUM OF THE
24 MEMBER'S SALARY AT THE TIME OF DEATH.
25 * * *
26 SECTION 3. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
27 SECTION 11.2. FOR THE PURPOSES OF THIS ACT, THE TERM "WIDOW"
28 SHALL INCLUDE A WIDOWER.
29 SECTION 4. THE AMENDMENT OF SECTION 1(A)(2) AND (3) INSOFAR
30 AS THE AMENDMENT AFFECTS THE BENEFITS AVAILABLE TO WIDOWS SHALL
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1 APPLY TO WIDOWS WHOSE SPOUSE DIED ON OR BEFORE THE EFFECTIVE
2 DATE OF THIS ACT AND WHO WERE NOT REMARRIED AS OF SAID DATE.
3 SECTION 5. THIS ACT SHALL TAKE EFFECT IN 90 DAYS.
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