act-1994-0-168•Pennsylvania Act 1994-168 — MUNICIPAL PENSION PLAN FUNDING STANDARD AND RECOVERY ACT - AMEND
Pennsylvania Act 1994-168 — MUNICIPAL PENSION PLAN FUNDING STANDARD AND RECOVERY ACT - AMEND
act-1994-0-1681994 Pa. Act 168Law
Act text
MUNICIPAL PENSION PLAN FUNDING STANDARD AND RECOVERY ACT - AMEND
Act of Dec. 28, 1994, P.L. 1433, No. 168 Cl. 72
Session of 1994
No. 1994-168
SB 1686
AN ACT
Amending the act of December 18, 1984 (P.L.1005, No.205),
entitled "An act mandating actuarial funding standards for
all municipal pension systems; establishing a recovery
program for municipal pension systems determined to be
financially distressed; providing for the distribution of the
tax on the premiums of foreign fire insurance companies; and
making repeals," providing for certain additions to the
actuarial valuation reports of municipalities that have
issued bonds or notes to fund an unfunded actuarial accrued
liability, for the determination of general municipal pension
system State aid and supplemental State assistance allocable
to the municipalities and for the application of State aid or
assistance or both to the payment of debt service on bonds or
notes issued by municipalities to fund an unfunded actuarial
accrued liability; authorizing the pledge of State aid or
assistance or both as security for bonds or notes; and
authorizing the payment of State aid or assistance to the
trustee or paying agent for bonds or notes in certain
circumstances.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of December 18, 1984 (P.L.1005, No.205),
known as the Municipal Pension Plan Funding Standard and
Recovery Act, is amended by adding a section to read:
Section 404. Municipalities issuing bonds or notes for pension
plan funding.
(a) Application.--This section applies to a municipality
that has issued bonds or notes to fund an unfunded actuarial
accrued liability under the act of July 12, 1972 (P.L.781,
No.185), known as the Local Government Unit Debt Act, or under
other laws applicable to the municipality.
(b) Additions to actuarial valuation report.--The actuarial
valuation report prepared under sections 201 and 202 shall
include, in addition to the exhibits required by section 202:
(1) an exhibit stating the amount and date of each
contribution to the pension plan comprised of the proceeds of
bonds and notes and disclosing the initial and remaining
aggregated amortization periods for each contribution
calculated as of the date of the initial actuarial valuation
report filed after the contribution using the total unfunded
actuarial accrued liability of the pension plan and the
aggregated additional funding requirements, as determined
under paragraph (2); and
(2) an exhibit prepared in conformance with section
202(b)(3) and (4), except that the actuarial value of assets
subtracted from the actuarial accrued liability shall not
take into account contributions comprised of proceeds of
bonds and notes and earnings on such contributions for the
duration of the aggregated amortization period established
under paragraph (1).
(c) Determination of general municipal pension system State
aid and supplemental State assistance.--Solely for the purposes
of determining the amount of general municipal pension system
State aid allocable to such a municipality under section 402 and
the amount of supplemental State assistance allocable to such
municipality under sections 602 and 607, the actual financial
requirements certified for the pension plan for each plan year
shall be determined based upon the exhibits prepared under
subsection (b) so that the amount of general municipal pension
system State aid and supplemental State assistance to the
municipality shall not be reduced or increased as a result of
any contributions to the pension plan comprised of the proceeds
of bonds and notes for which the remaining aggregated
amortization period, as disclosed in the exhibit required in
subsection (a), is one or more years.
(d) Application of general municipal pension system State
aid and supplemental State assistance.--In addition to the
expenditures authorized in section 402(g), general municipal
pension system State aid or supplemental State assistance, or
both, may be used by a municipality to pay debt service on bonds
or notes, or both, issued to fund an unfunded actuarial accrued
liability.
(e) Pledge of general municipal pension system State aid and
supplemental State assistance authorized.--A municipality may
pledge to the holders of its bonds or notes issued to fund an
unfunded actuarial accrued liability or to a trustee or paying
agent acting on behalf of the holders, as security for the
payment of the bonds or notes, all of the municipality's right,
title and interest in and to any general municipal pension
system State aid or supplemental State assistance that the
municipality is entitled to receive under this act. The pledge
shall be valid and binding from the time the pledge is made, and
the lien of the pledge is valid and binding as against all
persons having claims of any kind in tort, contract or otherwise
against the municipality, whether or not the persons have
notice. Except as provided in the Local Government Unit Debt
Act, neither the proceedings of the municipality relating to the
bonds or notes nor any other instrument by which a pledge is
made nor any financing statement in respect thereof need be
recorded or filed.
(f) Withholding remedy provided.--If, in accordance with
subsection (e), a municipality has pledged, as security for its
bonds or notes issued to fund an unfunded actuarial accrued
liability, its right, title and interest in and to any general
municipal pension system State aid or supplemental State
assistance that the municipality is entitled to receive under
this act and it fails to pay or provide for payment of debt
service on the bonds or notes in accordance with the terms
thereof, the trustee or paying agent for the bonds or notes may
certify in writing to the State Treasurer that a pledge has been
made and that a failure to pay has occurred, and, upon receipt
of the certification, the State Treasurer shall:
(1) notify the municipality of the withholding
provisions of this section;
(2) withhold, out of any general municipal pension
system State aid or supplemental State assistance payable to
the municipality, an amount equal to the unpaid debt service;
and
(3) notify the Auditor General of these actions and
request the Auditor General to issue a warrant for payment to
the trustee or paying agent of the amount so withheld.
Upon receipt of a notice from the State Treasurer, the Auditor
General shall issue a warrant to the State Treasurer for payment
to the trustee or paying agent, and the State Treasurer
immediately shall pay over the amount so withheld to the trustee
or paying agent. The trustee or paying agent shall apply the
amount to the debt service due from the municipality.
(g) State Treasurer authorized to enter into certain
agreements.--The State Treasurer is authorized to enter into an
agreement with a municipality that has issued its bonds or notes
to fund an unfunded actuarial accrued liability providing for
the payment directly to the trustee or paying agent for the
bonds or notes of any general municipal pension system State aid
or supplemental State assistance that the municipality is
entitled to receive under this act, regardless of whether the
municipality has failed to pay or provide for payment of debt
service on the bonds or notes in accordance with the terms
thereof.
Section 2. This act shall take effect immediately.
APPROVED--The 28th day of December, A. D. 1994.
ROBERT P. CASEY
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