Regular Session 2023-2024 House Bill 2373 P.N. 3221

PRINTER'S NO. 3221

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2373

Session of

2024

INTRODUCED BY BENHAM, KUZMA, PIELLI, KENYATTA, SANCHEZ, KINSEY,

POWELL, MADSEN, HOWARD, HILL-EVANS, BOROWSKI, CERRATO,

CONKLIN, KHAN, DELLOSO, DALEY, NEILSON, FLEMING AND GREEN,

JUNE 3, 2024

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 3, 2024

AN ACT

Amending the act of May 25, 1933 (P.L.1050, No.242), entitled

"An act creating and establishing a fund for the care,

maintenance, and relief of aged, retired and disabled

employes of the bureau of fire in cities of the second class;

creating a board for the management thereof; providing the

mode and manner of payment to beneficiaries, and for the care

and disposition of its funds; and providing for the transfer

and payment of all moneys and securities in existing funds in

similar boards superseded by the fund and board herein

created," further providing for requirements of membership,

for married persons and pensions to surviving spouses and for

eligibility of surviving spouses.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 9, 9.2(b) and (d) and 9.3(d) of the act

of May 25, 1933 (P.L.1050, No.242), referred to as the Second

Class City Firemen Relief Law, are amended to read:

Section 9. Any individual eligible to membership in such

fund, as aforesaid, shall be required--

(1) To sign an acceptance of the provisions of this act,

which acceptance shall contain an agreement, on the part of the

one so signing, that upon resignation or dismissal from the

employ of said bureau of fire, he shall thereby relinquish and

forfeit all rights to participate in said fund; and no

employment shall be granted an applicant to a position which

would make him eligible as a member of said fund until such

acceptance and agreement is signed by him.

(2) To contribute to said fund six per centum of his rated

monthly wages, which shall be deducted from his wages by the

city controller from the payroll for the last pay period of each

month, and paid into the fund. All beneficiaries of the fund

shall, in addition thereto, pay the sum of one dollar a month

into the said fund, and in the case of active members, the city

controller shall deduct said contribution from the payroll of

the last pay period of each month and the secretary of the fund

shall deduct the sum of one dollar from the pension paid each

pensioner. The amount so collected shall be paid into the

firemen's relief and pension fund and out of the funds of the

firemen's relief and pension fund there shall be paid to the

beneficiary of any deceased member of the fund, the sum of one

thousand two hundred dollars.

When any member of the fund shall resign or be dismissed from

service there shall be paid to him from the fund a sum of money

equal to all dues paid by him into the fund, without interest.

When any member of the fund shall die in active service there

shall be paid from the fund a sum of money equal to all dues

paid by him into the fund, without interest, to his widow, if

there be such widow, or in the absence of such widow to such

person or persons as he shall have designated on a form prepared

and approved by the board for such purpose, or in the absence of

such widow and such designation to his estate. When any

beneficiary shall die before he has received pension payments

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equal in amount to his total contributions to the fund, there

shall be paid a sum of money equal to the difference between the

amount of his said contributions and the amount he shall have

received as pension payments, without interest, to his widow, if

there be such widow or in the absence of such widow to such

person or persons as he shall have designated on a form prepared

and approved by the board for such purpose, or in the absence of

such widow and such designation to his estate.

In addition when any member of the fund shall die as a result

of injuries incurred while in the performance of his duties,

there shall be paid to his widow from the fund monthly sums in

amounts which, together with any payments received under ["The

Pennsylvania Workmen's] the "Workers' Compensation Act" or "The

Pennsylvania Occupational Disease Act," will be equal to fifty

per centum of his salary at the time of his death. Such monthly

payments shall continue for five hundred weeks[, or until the

widow shall remarry,] or until her death, whichever shall first

occur.

In the event there are surviving children but no widow, or

after the payments herein provided for the widow have been

discontinued by reason of the end of the five hundred week

period [or her remarriage] or death, each unmarried child of the

deceased member under the age of eighteen years shall thereafter

receive payments equal to twenty-five per centum of the payments

above provided for the widow, but in no case shall total

payments to one family be more than fifty per centum of his

salary at the time of his death. Where there is only one child,

the minimum monthly payments shall be sixty dollars. Where the

maximum amount is payable, it shall be divided equally among the

children entitled thereto. The payments for each child shall

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terminate upon his reaching the age of eighteen years or his

marriage or death: Provided, That the board may continue

indefinitely payments to a dependent incompetent child. These

payments shall consist of any payments received under ["The

Pennsylvania Workmen's] the "Workers' Compensation Act" or "The

Pennsylvania Occupational Disease Act," supplemented by the

necessary amounts from the pension fund. In the event there are

no surviving children or no widow entitled to receive the

payments provided for in this act, any dependent parents of the

member shall receive the payments the widow would have received

had she survived [and not remarried].

Regular employes shall serve at least fifteen days in each

month and appear on all payrolls of said bureau of fire in said

month in order to be credited for one month's service for

pension under this act. In the event, however, that such regular

employe served one or more days in any month while serving as a

substitute employe prior to becoming a regular employe, such

regular employe shall be given a full month's credit for the day

or days in every month so served as a substitute: Provided, That

the dues for each month so credited are paid in full.

Payments to the widows and children of members killed while

on duty shall first be made on and after July 1, 1959.

Section 9.2. Married Persons; Pension to Surviving Spouse.--

* * *

(b) Such surviving spouse shall be entitled to receive

payments commencing the first day of the month in which the

death of the deceased spouse occurs, and shall continue to and

terminate upon the death of such surviving spouse[, unless such

surviving spouse shall remarry], in which event the board may

allocate the pension to dependent children or parents as

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provided in this act: Provided, however, That in no case shall

total payments to a member or his survivors or his estate be

less than the deceased member's contribution into the fund.

* * *

(d) In the event there is no surviving spouse[,] or the

surviving spouse dies [or remarries] while receiving payments

under this section, and where there are dependent children of

the deceased member of the fund, the board may pay to each such

dependent child twenty-five per centum of the pension earned by

the deceased member until each such child attains the age of

eighteen or marries or dies: Provided, That the board may

indefinitely continue payments to a dependent incompetent child.

Where the sums payable to dependent children under this section

are equal to the maximum pension to which the widow would be

entitled, it shall be divided equally among the children

entitled thereto. In the event there are no surviving children

or no widow entitled to receive the payments provided for in

this act, any dependent parents of the deceased member shall

receive the monthly payments the widow would have received had

she survived [and not remarried]. In the event that there are no

surviving children, widow or dependent parents entitled to

receive the payments provided for in this act, the deceased

member's contributions or the remainder of his contributions

shall be paid to his estate.

* * *

Section 9.3. * * *

(d) In the event there is no surviving spouse or the

surviving spouse dies [or remarries] and where there are

dependent children of the deceased member of the fund, the board

may pay to each such dependent child twenty-five per centum of

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the pension earned by the deceased member until each such child

attains the age of eighteen or marries or dies: Provided, That

the board may indefinitely continue payments to a dependent

incompetent child. Where the sums payable to dependent children

under this section are equal to the maximum pension to which the

widow would be entitled, it shall be divided equally among the

children entitled thereto. In the event there are no surviving

children or no widow entitled to receive the payments provided

for in this act, any dependent parents of the deceased member

shall receive the monthly payments the widow would have received

had she survived [and not remarried]. In the event that there

are no surviving children, widow or dependent parents entitled

to receive the payments provided for in this act, the deceased

member's contributions or the remainder of his contributions

shall be paid to his estate.

Section 2. This act shall take effect in 60 days.

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