Pennsylvania Act 1965-38 — SUPPLEMENTING SECOND CLASS CITY PENSION ACT

Act text

SUPPLEMENTING SECOND CLASS CITY PENSION ACT
                   Act of May 7, 1965, P.L. 48, No. 38                Cl. 11
                               A SUPPLEMENT

     To the act of May 28, 1915 (P.L.596), entitled "An act requiring
        cities of the second class to establish a pension fund for
        employes of said cities, and regulating the administration
        and the payment of such pensions," as to employes of second
        class A cities, reducing the number of years of employment to
        qualify for a pension; and increasing pension payments and
        contributions.

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

        Section 1.  Every person heretofore, now or hereafter
     employed by cities of the second class A as herein provided, if
     any, of the age of fifty-five years and upwards, who shall have
     been so employed for a period of fifteen years or more, and have
     contributed to the fund for twenty years or more, shall upon
     application to the board of pensions herein created be retired
     from service and shall during the remainder of his or her life
     receive the pension or compensation fixed by this act, subject
     to such qualifications as are herein contained.
        (1 amended July 17, 1970, P.L.494, No.172)
        Section 2.  (a)  During the lifetime of the said person, he
     or she shall be entitled to receive a pension from the fund set
     aside for the purpose, at a rate equal to seventy-five per
     centum of the amount which would constitute the average rate of
     pay received during the last five years of his or her employment
     by the said city, payable monthly, but in no case shall the
     pension payable to any one payable employe exceed the amount
     authorized by ordinance of the second class A city. Such pension
     shall be payable to any person so employed for fifteen years or
     more by the city when such person shall attain the age of fifty-
     five years; should any person so employed, after fifteen years
     of service, voluntarily retire, be dismissed, or be in any way
     deprived of his or her employment with the city before attaining
     the age of fifty-five years, he or she shall be entitled to the
     pension after retirement upon continuing a monthly payment to
     the fund equal to the last amount due and payable while in
     active service. If any pension be granted to a person who has
     not been a contributor to the pension fund as herein provided
     for the period of twenty years but has contributed for at least
     fifteen years, such person shall be required to pay unto the
     board of pensions an amount equal to three per centum of the
     last monthly salary paid to such person, but not in excess of
     the amount per month authorized by ordinance, multiplied by the
     number of months necessary to complete the twenty-year period,
     with interest, or in the alternative, after so computing the
     amount needed to complete the twenty-year period, the board may
     withhold the payment of pension until such amount has been
     refunded to the board of pensions. ((a) amended Dec. 3, 1987,
     P.L.409, No.84)
        (b)  In the event any employe becomes totally and permanently
     disabled after ten years of service and before attaining the age
     of fifty-five years, he or she shall forthwith be entitled to
     such pension upon making the contribution as aforesaid. Proof of
     total and permanent disability shall consist of a sworn
     statement of three practicing physicians designated by the board
     that the employe is in a permanent condition of health which
     would totally disable him or her from performing the duties of
     his or her position or office. The board of pensions may, not
     more frequently than once a year, require a disability pensioner
     to undergo a medical examination by three physicians appointed
     by the board, and should such physicians thereupon report and
     certify to the board that such beneficiary is no longer
     incapacitated, and should the pension board concur in such
     report, the pension of such beneficiary shall be discontinued.
        (2 amended July 17, 1970, P.L.494, No.172)
        Section 3.  The city employes and contributing members to the
     fund shall after the passage of this act pay unto the board of
     pensions monthly an amount equal to three per centum of their
     monthly salaries or wages, in no event, however, paying at a
     rate greater than the amount per month authorized by ordinance
     of the second class A city, which shall be applied to the
     purpose of this act. Payment of the monthly amount or
     contribution herein mentioned shall cease and be discontinued at
     the time the beneficiary receives the pension herein provided,
     except for contributions required to be made to complete a
     twenty-year period of contribution, as provided in subsections
     (a) and (b) of section 2 of this act. If for any cause an
     employe contributing to the pension fund shall cease to be an
     employe of any such city of the second class A before said
     employe becomes entitled to the pensions conferred by this act,
     the total amount of the contributions paid into the pension fund
     by such employe shall be refunded to him or her in full, without
     interest; provided, however, if any such employe shall have
     returned to him or her the amount contributed as aforesaid and
     shall afterward re-enter the employ of such city, said employe
     shall not be entitled to the pension designated until twenty
     years after said re-employment unless he or she shall return to
     the pension fund the amount withdrawn, plus interest, in which
     event the period of twenty years shall be computed from the time
     said employe first entered the service of said city. In the
     event of the death of any such employe before the said employe
     becomes entitled to the pension aforesaid, the said total amount
     of contributions aforesaid shall be paid over to the estate of
     the said deceased employe or his or her designated beneficiary.
     In the event of the death of any employe collecting the pension
     aforesaid, the total amount of contributions over and above that
     paid to the deceased employe shall be paid over to the estate of
     the said deceased employe, or his or her designated beneficiary.
        (3 amended Dec. 3, 1987, P.L.409, No.84)
        Section 4.  The time of service herein specified, namely,
     fifteen years, shall be computed from the time of the first or
     original employment, said employment to consist of service to
     such city of the second class A and need not be continuous.
        Section 5.  This act shall take effect immediately.