Pennsylvania Act 1965-351 — PROVIDING PENSIONS FOR SURVIVING SPOUSES OF POLICE OFFICERS IN CITIES OF THE SECOND CLASS A

Act text

PROVIDING PENSIONS FOR SURVIVING SPOUSES OF POLICE OFFICERS IN CITIES OF
                            THE SECOND CLASS A
                 Act of Nov. 10, 1965, P.L. 835, No. 351              Cl. 11
                                  AN ACT

     Providing pensions for surviving spouses of police officers in
        cities of the second class A under certain terms and
        conditions, and providing for contributions by members of the
        police pension or retirement fund and appropriations by the
        city for that purpose.

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

        Section 1.  (a)  In any city of the second class A any member
     of the police pension or retirement fund who is married and who
     elects in writing to be governed by the provisions of this act
     and who retires under the provisions of the law regulating the
     retirement of police officers therein and ordinances adopted
     pursuant thereto, shall, at the time of his retirement, receive
     the pension so provided for during his lifetime and a pension
     after his death, payable to his surviving spouse at the time of
     retirement, equal to fifty per centum of his pension: Provided,
     That such person so retiring shall have been married to his
     spouse for not less than five years prior to the date of
     retirement and the spouse is dependent upon such deceased
     employe at the time of his death.
        (b)  The pension to be paid to such surviving spouse shall
     begin on the first day of the month in which the death of the
     deceased spouse occurs and shall continue to and terminate upon
     the death of such surviving spouse, unless such surviving spouse
     shall remarry, in which event the payment of the survivor's
     pension shall thereupon be terminated. ((b) amended Aug. 18,
     1967, P.L.248, No.99)
        (c)  The word "pension" as used in this section shall be
     construed to mean the sum of the pension plus the amount of
     service increment, if any, to which the married person retiring
     shall be entitled.
        (d)  When any surviving spouse receives payments under the
     provisions of this section, such surviving spouse shall not be
     entitled to any withdrawal of contributions made into the police
     pension or retirement fund by the deceased employe, nor shall
     the children, parents or estate of the deceased employe be
     entitled to a refund of said contributions.
        Section 2.  (a)  In any city of the second class A, a
     surviving spouse of any active member of the police pension or
     retirement fund who:
        (1)  At the time of his death was in active service with the
     city; and
        (2)  Had elected to be governed by the provisions of this act
     shall be entitled to survivorship benefits equal to fifty per
     centum of the pension which would have been payable to such
     active member had he retired at the date of his death: Provided,
     That such employe shall have been married to his spouse for not
     less than five years prior to the date of his death and that the
     spouse was dependent upon such deceased employe at the time of
     his death.
        (b)  Such surviving spouse shall be entitled to receive
     payments commencing the first day of the month next following
     the death of the deceased spouse and such payment shall continue
     to and terminate upon the death of such surviving spouse:
     Provided, however, That in the event that such surviving spouse
     shall remarry, the payment of the survivorship pension shall
     thereupon be terminated.
        (c)  The word "pension" as used in this section shall be
     construed to mean the sum of the pension plus the amount of
     service increments, if any, to which the deceased member of the
     police pension or retirement fund would have been entitled had
     he retired upon the date of his death.
        (d)  When any surviving spouse receives payments under the
     provisions of this section, such surviving spouse shall not be
     entitled to any withdrawal of contributions made into the police
     pension or retirement fund by the deceased employes, nor shall
     the estate of the deceased be entitled to a refund of said
     contributions.
        (e)  Each surviving spouse at the time active members of the
     police force receive an increase in compensation, may receive an
     increase in their pension in an amount equal to twenty-five per
     centum of the increase granted to active members of the police
     force of the same rank as the deceased spouse when he retired
     from active service. ((e) added July 18, 1974, P.L.468, No.166)
        (2 amended Aug. 18, 1967, P.L.248, No.99)
        Section 3.  Any member of the police pension or retirement
     fund, within ninety days after the effective date of this act,
     and any person hereafter joining the police pension or
     retirement fund may within ninety days of joining the fund,
     elect to be governed by the provisions of this act, provided
     such election shall be in writing and that writing shall be
     filed with the secretary of the police pension or retirement
     fund.
        Section 4.  Each member who elects to be governed under the
     provisions of this act shall agree to contribute one percent of
     his earned compensation in addition to all other contributions
     required by law and ordinances adopted pursuant thereto.
        Section 5.  The annual appropriation made by cities of the
     second class A for the purpose of paying police pension or
     retirement allowances shall be sufficient, when added to the
     contributions made by members during such year, sums received
     from tax distributions and income from investments, to pay in
     full the retirement allowances and the pensions authorized by
     this act for surviving spouses payable during such year.
        Section 6.  This act shall take effect immediately.