1Amending the act of June 5, 1991 (P.L.9, No.6), entitled "An act 
2providing for the financial stability of cities of the first 
3class; establishing an authority empowered to assist cities 
4of the first class in their financial affairs and to issue 
5findings and recommendations to cities of the first class and 
6to the General Assembly; creating the authority and providing 
7for its powers and duties; authorizing each city of the first 
8class and the authority to enter into intergovernmental 
9cooperation agreements and specifying certain terms of such 
10agreements and ordinances whereby cities of the first class 
11enter into such agreements; empowering the authority to incur 
12indebtedness, receive revenues, acquire the obligations of 
13assisted cities, make loans and offer other financial 
14assistance to such cities subject to conditions; establishing 
15procedures for the preparation and review of financial plans 
16of cities of the first class while bonds of the authority are 
17outstanding and providing remedies for failure to adhere to 
18such plans; requiring certain contracts to be consistent with 
19the financial plan; making certain provisions with respect to 
20short-term borrowing by cities of the first class; 
21establishing procedures for handling authority funds, and 
22providing for certain payments to the authority; providing 
23security for bonds and notes issued by the authority; 
24authorizing the creation of a debt service reserve fund and 
25providing for its maintenance; granting to the holders of the 
26authority's indebtedness and to the authority certain 
27remedies in the event of default by the authority or by an 
28assisted city on authorized obligations; authorizing cities 
29of the first class to receive financial assistance from the 
30authority under certain terms and conditions; establishing 
31the method for the appointment and composition of the 
32authority board; prohibiting the authority and assisted 
33cities from filing a petition under Federal bankruptcy 
34statutes; authorizing an appropriation for authority 
35operating expenses; authorizing cities of the first class to
 

1impose an optional sales and use tax; authorizing cities of 
2the first class to impose certain taxes for the authority; 
3authorizing emergency payment deferral; and providing 
4jurisdiction for challenges to this act," repealing a
5provision concerning the effect of an assisted city's
6financial plan on arbitration awards.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Section 209(k) of the act of June 5, 1991 (P.L.9,
10No.6), known as the Pennsylvania Intergovernmental Cooperation
11Authority Act for Cities of the First Class, repealed December
1230, 2002 (P.L.2001, No.230), repeal declared unconstitutional
13838 A.2d 566 (Pa. 2003), is repealed to read:

14Section 209. Financial plan of an assisted city.

15* * *

16[(k) Effect of plan upon certain arbitration awards.--

17(1) After the approval by the authority of a financial
18plan submitted pursuant to this section, any determination of
19a board of arbitration established pursuant to the provisions
20of the act of June 24, 1968 (P.L.237, No.111), referred to as
21the Policemen and Firemen Collective Bargaining Act,
22providing for an increase in wages or fringe benefits of any
23employee of an assisted city under the plan, in addition to
24considering any standard or factor required to be considered
25by applicable law, shall take into consideration and accord
26substantial weight to:

27(i) the approved financial plan; and

28(ii) the financial ability of the assisted city to
29pay the cost of such increase in wages or fringe benefits
30without adversely affecting levels of service.

31(2) Such determination shall be in writing, and a copy
32thereof shall be forwarded to each party to the dispute and
33the authority. Any determination of the board of arbitration

1which provides for an increase in wages or fringe benefits of
2any employee of an assisted city shall state with specificity
3in writing all factors which the board of arbitration took
4into account in considering and giving substantial weight to:

5(i) the approved financial plan of the assisted
6city; and

7(ii) the assisted city's financial ability to pay
8the cost of such increase.

9(3) (i) Any party to a proceeding before a board of
10arbitration may appeal to the court of common pleas to
11review:

12(A) the consideration of the assisted city's
13financial plan;

14(B) the determination as to the assisted city's
15financial ability to pay; or

16(C) the failure of the board of arbitration to
17issue a determination, including a detailed writing
18of all factors which the board of arbitration took
19into account in considering and giving substantial
20weight to the assisted city's financial ability to
21pay and the assisted city's financial plan.

22(ii) The decision of the board of arbitration shall
23be vacated and remanded to the board of arbitration if
24the court finds:

25(A) that the board of arbitration failed to take
26into consideration and accord substantial weight to
27the approved financial plan;

28(B) that the board of arbitration's
29determination as to the assisted city's financial
30ability to pay is not supported by substantial

1evidence as produced by the parties to the
2proceedings before the board of arbitration; or

3(C) that the board of arbitration has failed to
4state with specificity in writing the factors which
5it took into account in considering and giving
6substantial weight to the assisted city's financial
7ability to pay or the assisted city's approved
8financial plan.

9(iii) Such appeal shall be commenced not later than
1030 days after the issuance of a final determination by
11the board of arbitration.

12(iv) If, after the exhaustion of all appeals, the
13final arbitration award is not in compliance with the
14approved financial plan, the award shall not be void or
15voidable solely by reason of such noncompliance, but the
16assisted city shall submit to the authority a proposed
17revision to the plan which demonstrates that revenues
18sufficient to pay the costs of the award will be
19available in the affected fiscal years of the plan.]

20Section 2. This act shall take effect immediately.