Bill Text: PA HB1039 | 2009-2010 | Regular Session | Introduced


Bill Title: Further providing for disability retirement of police officers.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-03-23 - Referred to FINANCE [HB1039 Detail]

Download: Pennsylvania-2009-HB1039-Introduced.html

  

 

    

PRINTER'S NO.  1210

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1039

Session of

2009

  

  

INTRODUCED BY MOUL, D. COSTA, CREIGHTON, DALLY, FARRY, GROVE, HESS, MELIO, PALLONE, PYLE, ROAE, SIPTROTH, SOLOBAY AND YOUNGBLOOD, MARCH 23, 2009

  

  

REFERRED TO COMMITTEE ON FINANCE, MARCH 23, 2009  

  

  

  

AN ACT

  

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Amending the act of February 1, 1974 (P.L.34, No.15), entitled

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"An act creating a Pennsylvania Municipal Retirement System

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for the payment of retirement allowances to officers,

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employes, firemen and police of political subdivisions and

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municipal authorities and of institutions supported and

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maintained by political subdivisions and municipal government

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associations and providing for the administration of the same

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by a board composed of the State Treasurer and others

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appointed by the Governor; imposing certain duties on the

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Pennsylvania Municipal Retirement Board and the actuary

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thereof; providing the procedure whereby political

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subdivisions and municipal authorities may join such system,

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and imposing certain liabilities and obligations on such

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political subdivisions and municipal authorities in

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connection therewith, and as to certain existing retirement

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and pension systems, and upon officers, employes, firemen and

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police of such political subdivisions, institutions supported

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and maintained by political subdivisions, and upon municipal

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authorities; providing for the continuation of certain

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municipal retirement systems now administered by the

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Commonwealth; providing certain exemptions from taxation,

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execution, attachment, levy and sale and providing for the

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repeal of certain related acts," further providing for

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disability retirement of police officers.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Sections 313(a) and 411(a) of the act of February

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1, 1974 (P.L.34, No.15), known as the Pennsylvania Municipal

 


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Retirement Law, amended May 17, 1980 (P.L.135, No.50), are

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amended to read:

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Section 313.  Disability Retirement.--(a)  After a

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contributor has had ten or more years of total service, he may,

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upon application or on application of one acting in his behalf,

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or upon application of a head of the department of the

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municipality by which he is employed, be retired by the board on

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a disability allowance if he is under superannuation retirement

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age, and on a superannuation retirement allowance if he has

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attained or passed such age, if the physician designated by the

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board, after medical examination of the contributor made at the

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place of residence of the contributor or at a place mutually

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agreed upon, shall certify to the board that the contributor,

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for medical reasons, is unable to [engage in any gainful

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employment] return to or perform the duties of his office and

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that said contributor ought to be retired. When the disability

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of a contributor is determined to be service-connected, as

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defined in this act, no minimum period of service shall be

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required for eligibility. Application filing requirements shall

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be identical to those outlined in clause (1) of section 309.

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* * *

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Section 411.  Disability Retirement.--(a)  After a member of

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a municipal plan has had the required number of years of total

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service as stated in the contract, he may, upon application or

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on the application of one acting in his behalf, or upon

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application of a head of the department of the municipality by

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which he is employed, be retired by the board on a disability

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allowance if he is under superannuation retirement age, and on a

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superannuation retirement allowance if he has attained or passed

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such age, if the physician designated by the board, after

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1

medical examination of the member made at the place of residence

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of the member or at a place mutually agreed upon, shall certify

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to the board that the member is unable to engage in any gainful

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employment and that said member ought to be retired. In the case

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of a member of a firefighter or police pension plan who has had

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the required number of years of total service as stated in the

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contract, the member need only be certified by the physician to

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be unable to return to or perform the duties of his office. 

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Where the disability of a member is determined to be service-

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connected, as defined in this act, no minimum period of service

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shall be required for eligibility. Requirements for filing

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applications shall be identical to those outlined in clause (1)

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of section 407.

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* * *

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

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