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        PRIOR PRINTER'S NO. 3744                      PRINTER'S NO. 3878

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2591 Session of 2002


        INTRODUCED BY BUNT, CURRY, GODSHALL, FICHTER, McGILL, CORNELL,
           DAILEY, BROOKS, HARPER AND L. I. COHEN, APRIL 18, 2002

        AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
           REPRESENTATIVES, AS AMENDED, MAY 8, 2002

                                     AN ACT

     1  Amending the act of August 31, 1971 (P.L.398, No.96), entitled
     2     "An act providing for the creation, maintenance and operation
     3     of a county employes' retirement system, and imposing certain
     4     charges on counties and providing penalties," changing
     5     vesting rights; and providing additional class options. for    <--
     6     certain counties.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Section 2(16) of the act of August 31, 1971
    10  (P.L.398, No.96), known as the County Pension Law, amended
    11  December 20, 1983 (P.L.282, No.75), is amended to read:
    12     Section 2.  Definitions.--As used in this act:
    13     * * *
    14     (16)  "Vesting" means the right of a contributor who
    15  separates from service after having completed [eight] five or
    16  more years of credited service to leave accumulated deductions
    17  credited to his account in the fund and upon reaching
    18  superannuation retirement age receive a superannuation
    19  retirement allowance.


     1     Section 2.  The act is amended by adding a section to read:
     2     Section 7.1.  Additional Class Options for Certain             <--
     3  Counties.--(a)  During any time specified in subsection (c), the
     4  board may, by rule, establish a one-fiftieth class or a one-
     5  fortieth class with a required member contribution rate of nine
     6  per cent for each class in accordance with the standards
     7  prescribed in section 7(g). During such time, the board may, by
     8  rule, authorize the class adopted pursuant to this section to be
     9  applied retroactively to the employe's credit service.
    10     (b)  Whenever the board has, by rule, authorized the members
    11  of the retirement system to make a transfer to the one-fiftieth
    12  class or the one-fortieth class, the county annuity shall be
    13  calculated in accordance with section 14(c).
    14     (c)  The board may adopt a rule pursuant to subsection (a) at
    15  any time within the twelve-month period following the effective
    16  date of this section.
    17     SECTION 7.1.  ADDITIONAL CLASS OPTIONS.--(A)  THE BOARD MAY,   <--
    18  BY RULE, ESTABLISH A ONE-FIFTIETH CLASS OR A ONE-FORTIETH CLASS
    19  WITH A REQUIRED MEMBER CONTRIBUTION RATE OF NINE PER CENT FOR
    20  EACH CLASS UNLESS THE BOARD ESTABLISHES A DIFFERENT CONTRIBUTION
    21  RATE IN ACCORDANCE WITH SECTION 7(E).
    22     (B)  THE BOARD MAY, BY RULE, AUTHORIZE THE CLASS ADOPTED
    23  PURSUANT TO THIS SECTION TO BE APPLIED RETROACTIVELY TO THE
    24  EMPLOYE'S CREDIT SERVICE.
    25     (C)  WHENEVER THE BOARD HAS, BY RULE, AUTHORIZED THE MEMBERS
    26  OF THE RETIREMENT SYSTEM TO MAKE A TRANSFER TO THE ONE-FIFTIETH
    27  CLASS OR THE ONE-FORTIETH CLASS, THE COUNTY ANNUITY SHALL BE
    28  CALCULATED IN ACCORDANCE WITH SECTION 14(C) WITH THE NEW CLASSES
    29  ADDED. NOTWITHSTANDING THE PROVISIONS OF SECTION 14(C), IF THE
    30  BOARD ADOPTS THE RETROACTIVITY PROVISION IN SUBSECTION (B), THE
    20020H2591B3878                  - 2 -

     1  COUNTY ANNUITY FOR ALL PERIODS OF SERVICE SHALL BE CALCULATED AT
     2  THE ONE-FIFTIETH CLASS RATE OR ONE-FORTIETH CLASS RATE, AS THE
     3  CASE MAY BE.
     4     (D)  THE BOARD MAY ADOPT RULES PURSUANT TO THIS SECTION AT
     5  ANY TIME WITHIN THE TWELVE-MONTH PERIOD FOLLOWING THE EFFECTIVE
     6  DATE OF THIS SECTION.
     7     Section 3.  This act shall take effect immediately.
















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