PRINTER'S NO. 3749
No. 2596 Session of 2002
INTRODUCED BY PIPPY, CALTAGIRONE, MICHLOVIC, M. COHEN, CORRIGAN,
COSTA, CREIGHTON, DeLUCA, FEESE, LAUGHLIN, LESCOVITZ,
MARKOSEK, PETRONE, PICKETT, READSHAW, ROBINSON, T. STEVENSON,
SURRA, TURZAI, WASHINGTON AND YOUNGBLOOD, APRIL 18, 2002
REFERRED TO COMMITTEE ON URBAN AFFAIRS, APRIL 18, 2002
AN ACT
1 Amending the act of July 28, 1953 (P.L.723, No.230), entitled,
2 as amended, "An act relating to counties of the second class
3 and second class A; amending, revising, consolidating and
4 changing the laws relating thereto," further providing for
5 employees eligible for retirement allowances.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 1710(i) of the act of July 28, 1953
9 (P.L.723, No.230), known as the Second Class County Code,
10 amended February 9, 1984 (P.L.12, No.6), is amended to read:
11 Section 1710. Employes Eligible for Retirement Allowances.--
12 * * *
13 (i) Upon application to the board, all members of the fund
14 who are contributors and who served in the Armed Forces of the
15 United States subsequent to September 1, 1940, or who become
16 members of the retirement fund on or after the effective date of
17 this act shall be entitled to have full military service credit
18 for each of the most recent years of military service or
1 fraction thereof, not to exceed three full years of such
2 service; provided, they have a retirement credit of the minimum
3 number of years specified in subsection (a) of this section or
4 more [and have reached the age of fifty years while employed or
5 have accumulated a period of twenty years of retirement credit
6 and under the age of fifty years]. The formula to be followed
7 for payment to the fund shall be in an amount equal to the
8 maximum rate of contribution had they been members of the fund
9 plus an additional amount as the equivalent of the county
10 matching appropriation, plus interest, if applicable, at the
11 rate of six per centum per year from the date of each year of
12 credited military service to date of repayment or by applying
13 the employe's basic contribution rate plus the county's normal
14 contribution rate for active members at the time of entry,
15 subsequent to such military service, of the employe into county
16 service to his average annual rate of compensation over the
17 first three years of such subsequent county service and
18 multiplying the result by the number of years and fractional
19 part of a year of creditable nonintervening military service
20 being purchased, together with interest, if applicable, during
21 all periods of subsequent county service to date of purchase.
22 Should it be determined by the retirement board that verifiable
23 compensation data is not available it shall have the discretion
24 to determine which formula shall be used: Provided, That said
25 member is not entitled to receive, eligible to receive now or in
26 the future, or is receiving retirement benefits for such service
27 under a retirement system administered and wholly or partially
28 paid for by any other governmental agency or private industry.
29 Both principal and interest, if applicable, shall be
30 consolidated into one amount and paid [in twelve or less equal
20020H2596B3749 - 2 -
1 monthly installments]. Full payment thereof shall be a condition
2 precedent to receive the benefits of the retirement allowance.
3 If the member pays the entire principal back within the three-
4 year period immediately following attainment of the minimum
5 number of years of service credit specified in subsection (a) of
6 this section, or within three years from the date this
7 amendatory act takes effect for those who already have the
8 minimum numbers of years of service credit specified in
9 subsection (a) of this section, no interest will be charged.
10 Otherwise interest will be charged at the rate of six per centum
11 per year from the date of each year of credited military service
12 to date of repayment. Only those employes who are active members
13 of the retirement fund on or after the effective date of this
14 amendatory act shall be permitted to avail themselves of either
15 of these programs.
16 [Those employes who became members of the retirement fund
17 after the effective date of this act, upon application to the
18 board, shall be entitled to have full military service credit
19 for each of the most recent years of military service or
20 fraction thereof, not to exceed three full years of such
21 service: Provided, They have a retirement credit of the minimum
22 number of years specified in subsection (a) of this section or
23 more and have reached the age of fifty years while employed or
24 have accumulated a period of twenty years of retirement credit
25 and under the age of fifty years. Payment to the fund shall be
26 in an amount equal to the maximum rate of contribution had they
27 been members of the fund plus an additional amount as the
28 equivalent of the county matching appropriation, plus interest
29 at the rate of six per centum per year from the date of each
30 year of credited military service to date of repayment:
20020H2596B3749 - 3 -
1 Provided, That said member is not entitled to receive, eligible
2 to receive now or in the future, or is receiving retirement
3 benefits for such service under a retirement system administered
4 and wholly or partially paid for by any other governmental
5 agency or private industry. Both principal and interest shall be
6 consolidated into one amount and paid in twelve or less equal
7 monthly installments. Full payment thereof shall be a condition
8 precedent to receive the benefits of the retirement allowance.]
9 * * *
10 Section 2. This act shall take effect in 60 days.
D10L16SFL/20020H2596B3749 - 4 -