Pennsylvania Act 1933-242 — SECOND CLASS CITY FIREMEN RELIEF LAW

Act text

AN ACT

Creating and establishing a fund for the care, maintenance, and relief of aged, retired and disabled employes of the bureau of fire in cities of the second class; creating a board for the management thereof; providing the mode and manner of payment to beneficiaries, and for the care and disposition of its funds; and providing for the transfer and payment of all moneys and securities in existing funds in similar boards superseded by the fund and board herein created.

Section 1. Be it enacted, &c., That there is hereby created and established in every city of the second class in this Commonwealth a fund for the care, maintenance, and relief of aged, retired and disabled firemen in the bureau of fire of such city, which fund shall be known as the "Firemen's Relief and Pension Fund of the City of "

Section 2. Such fund shall consist of, and to it shall be transferred--

(1) All moneys and securities held by similar boards existing by virtue of any law or ordinance in such city, which fund or funds were held for purposes similar to the purpose of the fund created by this act with respect to the city employes covered by the provisions of this act.

(2) All fines imposed upon the firemen of such city, which, by virtue of any law or ordinance referring to such city, are required to be paid by the proper authorities to a fund of this nature.

(3) All donations of money from whatever source which have been or shall be made to the fund.

(4) The income from any and all trust funds which now or may hereafter be established by gift for the benefit of such persons as are eligible to be beneficiaries under the fund.

(5) The dues of the members of the fund, as hereinafter stipulated.

(6) Such moneys as the city shall pay into the fund from time to time, as provided by ordinance, and as may be necessary to carry out the provisions of this act.

Section 3. There is hereby created for the care, management, and control of such fund a board of managers, consisting of twelve members, to be known as the "Firemen's Relief and Pension Fund Board of the City of -----." The personnel thereof shall be as follows: The mayor or chief executive, the president of council, the city solicitor, the city controller, the director of the department of public safety, and the chief of the bureau of fire, who shall be ex officio members, and six elective members from among the following classes of the members and beneficiaries of such fund: One member to be elected from among the deputy chiefs, battalion chiefs, captains, and lieutenants; three members to be elected from among the other members of the fund; and two members to be elected by the beneficiaries of the fund.

Section 4. Elections of representatives of the board shall be held annually on the second Monday of December, except that a special election of such representatives shall be held within ten days following the effective date of this act; the time and place for holding of which special election shall be fixed by the existing board in such city. The time and place of holding the annual elections thereafter shall be designated and fixed by the board herein created.

If any member of the board shall resign or be dismissed from the service, or shall change from the classification under which he was elected, he shall immediately cease from being a member of the board.

In case of a vacancy caused by whatever means among the elective members of the board, such vacancy shall be filled by the board at its next meeting for the unexpired term.

Section 5. The director of the department of public safety shall be the president of said board; the elected members of the board shall appoint a secretary-treasurer who shall be paid such compensation as may be fixed by the elected members of the board and the city solicitor shall be the attorney and legal counsel of said board, but shall receive no additional compensation therefor. The board shall elect from among its members a vice president, who shall serve without compensation and shall perform the duties of the president during his absence.

(5 amended Dec. 6, 1972, P.L.1428, No.313)

Section 6. The president shall preside at all meetings of the board. He shall appoint all committees, sign all necessary papers, approved by the board, requiring his signature, and perform such other duties as may be required by his office.

The secretary-treasurer shall keep minutes of all meetings of the board, receive and receipt for all payments to the fund, and keep accurate account between the fund and its members. All checks shall be signed by the secretary-treasurer and countersigned by the president of the board.

There is hereby provided an account for the secretary-treasurer to meet the small expenditures as may arise by the meetings of the board. The secretary-treasurer shall be responsible for the proper disposition of such account.

The board shall hold regular monthly meetings at a time and place to be fixed by the board. Special meetings of the board shall be called by the president whenever he deems it necessary, or upon written request of seven members of the board or twenty-one members or beneficiaries of the fund.

The board may appoint and fix the compensation of such employes necessary to the proper administration of the fund, and provide for equipment, supplies and services necessary to the administration of the fund. The cost thereof shall be payable from the fund. (Par. added Nov. 9, 1965, P.L.679, No.333)

(6 amended Jul. 1, 1937, P.L.2635, No.508)

Section 7. The board shall designate and choose such bank or banks, trust company or trust companies, in such city, in which the moneys of the fund shall be deposited, and such bank or banks, trust company or trust companies, shall be selected annually after the board shall have received written proposals as to the rate of interest which shall be paid on such deposits, and the bank or banks, trust company or trust companies, offering to pay the highest rate of interest shall be chosen as the depository or depositories of the fund if the board be satisfied of the soundness of such institution or institutions.

The board shall create and establish a sinking fund into which shall be paid all moneys remaining to the credit of the fund and the depositories of the fund on the first day of each year and after all claims and running expenses of the prior year have been paid; and the moneys in the sinking fund shall not be used for any purpose excepting by a two-thirds vote of the board, but the interest accruing on the moneys in such sinking fund may be used for the payment of the necessary expenses for the operation of the fund.

The board may invest the moneys of the fund and of the sinking fund in such State, county, or municipal bonds of the State of Pennsylvania, or in bonds of the United States Government, as they may deem to the best interest of the respective funds. All such investments shall be made in the name of the respective fund. The accounts of the fund shall be audited annually by the city controller, or oftener if the board requests the same to be done, and a copy of the audit furnished to the council of the city.

Section 8. Those eligible to membership in the fund shall be:

(1) All uniformed employes of the bureau of fire, including the commanding officer and the chief of the bureau.

(2) All substitute uniformed employes of the bureau of fire.

(3) All persons who are at present members of the existing fund in such city. Employes of the bureaus of electricity and building inspection in such city who have entered such service since the first day of July, one thousand nine hundred and eighteen, shall not be eligible to be members of such fund.

Section 9. Any individual eligible to membership in such fund, as aforesaid, shall be required--

(1) To sign an acceptance of the provisions of this act, which acceptance shall contain an agreement, on the part of the one so signing, that upon resignation or dismissal from the employ of said bureau of fire, he shall thereby relinquish and forfeit all rights to participate in said fund; and no employment shall be granted an applicant to a position which would make him eligible as a member of said fund until such acceptance and agreement is signed by him.

(2) To contribute to said fund six per centum of his rated monthly wages, which shall be deducted from his wages by the city controller from the payroll for the last pay period of each month, and paid into the fund. All beneficiaries of the fund shall, in addition thereto, pay the sum of one dollar a month into the said fund, and in the case of active members, the city controller shall deduct said contribution from the payroll of the last pay period of each month and the secretary of the fund shall deduct the sum of one dollar from the pension paid each pensioner. The amount so collected shall be paid into the firemen's relief and pension fund and out of the funds of the firemen's relief and pension fund there shall be paid to the beneficiary of any deceased member of the fund, the sum of one thousand two hundred dollars.

When any member of the fund shall resign or be dismissed from service there shall be paid to him from the fund a sum of money equal to all dues paid by him into the fund, without interest. When any member of the fund shall die in active service there shall be paid from the fund a sum of money equal to all dues paid by him into the fund, without interest, to his widow, if there be such widow, or in the absence of such widow to such person or persons as he shall have designated on a form prepared and approved by the board for such purpose, or in the absence of such widow and such designation to his estate. When any beneficiary shall die before he has received pension payments equal in amount to his total contributions to the fund, there shall be paid a sum of money equal to the difference between the amount of his said contributions and the amount he shall have received as pension payments, without interest, to his widow, if there be such widow or in the absence of such widow to such person or persons as he shall have designated on a form prepared and approved by the board for such purpose, or in the absence of such widow and such designation to his estate.

In addition when any member of the fund shall die as a result of injuries incurred while in the performance of his duties, there shall be paid to his widow from the fund monthly sums in amounts which, together with any payments received under the "Workers' Compensation Act" or "The Pennsylvania Occupational Disease Act," will be equal to fifty per centum of his salary at the time of his death. Such monthly payments shall continue for five hundred weeks or until her death, whichever shall first occur.

In the event there are surviving children but no widow, or after the payments herein provided for the widow have been discontinued by reason of the end of the five hundred week period or death, each unmarried child of the deceased member under the age of eighteen years shall thereafter receive payments equal to twenty-five per centum of the payments above provided for the widow, but in no case shall total payments to one family be more than fifty per centum of his salary at the time of his death. Where there is only one child, the minimum monthly payments shall be sixty dollars. Where the maximum amount is payable, it shall be divided equally among the children entitled thereto. The payments for each child shall terminate upon his reaching the age of eighteen years or his marriage or death: Provided, That the board may continue indefinitely payments to a dependent incompetent child. These payments shall consist of any payments received under the "Workers' Compensation Act" or "The Pennsylvania Occupational Disease Act," supplemented by the necessary amounts from the pension fund. In the event there are no surviving children or no widow entitled to receive the payments provided for in this act, any dependent parents of the member shall receive the payments the widow would have received had she survived.

Regular employes shall serve at least fifteen days in each month and appear on all payrolls of said bureau of fire in said month in order to be credited for one month's service for pension under this act. In the event, however, that such regular employe served one or more days in any month while serving as a substitute employe prior to becoming a regular employe, such regular employe shall be given a full month's credit for the day or days in every month so served as a substitute: Provided, That the dues for each month so credited are paid in full.

Payments to the widows and children of members killed while on duty shall first be made on and after July 1, 1959.

(9 amended May 6, 2026, P.L.188, No.11)

Compiler's Note: Section 9(c) of Act 173 of 1978 provided that section 9 is repealed insofar as it is inconsistent with 1 Pa.C.S. § 2301(c) (relating to equality of rights based on sex).

Section 9.1. Each person who shall become an employe of the bureau of fire after having been employed by the city other than in the bureau of fire, and who shall desire to have such previous service counted for eligibility to receive a pension under the provisions of section 11 of this act, shall be required to pay to the fund an amount equal to five per centum of his or her total wages theretofore received by him or her for each previous month of service for which he receives credit as an employe of the city, with interest at the rate earned by the fund during the period of such prior employment: Provided, That service to be credited which was performed after the effective date of this act shall be paid for at the new rate of contribution. Full payment of such amount shall be a condition precedent to the member receiving credit for all or any part of said period of previous service for eligibility to receive a pension. Such amount shall be collected from the monthly wages of the member over the period of two years in the manner provided in clause (2) of section 9 of this act, or in such manner and period as the board of managers may determine. If, however, any such member shall be injured in the line of duty before he shall have made such full contribution for past service, so long as the disability continues he or she shall be eligible to pension under this act, but any amount which he or she shall not yet have paid to the fund as a contribution for past services under this section at the date of his or her injury shall be paid if the board in its discretion, shall so determine, in such monthly payments as the board may determine, which amounts shall be deducted from his or her pension as and when monthly payments thereof shall be made.

(9.1 amended Oct. 10, 1974, P.L.730, No.247)

Section 9.2. Married Persons; Pension to Surviving Spouse.--(a) Any married person who elects in writing to be governed by the provisions of this amendment and who retires under the provisions of this act shall, at the time of his retirement, receive the pension provided by this act during his lifetime and a pension after his death, payable to his surviving spouse at the time of his death equal to fifty per centum of his pension: Provided, That such person shall have been married to his spouse for not less than two years prior to the date of his death and 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 in which the death of the deceased spouse occurs, and shall continue to and terminate upon the death of such surviving spouse, in which event the board may allocate the pension to dependent children or parents as provided in this act: Provided, however, That in no case shall total payments to a member or his survivors or his estate be less than the deceased member's contribution into the fund. ((b) amended May 6, 2026, P.L.188, No.11)

(c) The word "pension" as used in this section shall be construed to mean the sum of the pension provided by this act plus the amount of service increment, if any, to which the married person retiring shall be entitled.

(d) In the event there is no surviving spouse or the surviving spouse dies while receiving payments under this section, and where there are dependent children of the deceased member of the fund, the board may pay to each such dependent child twenty-five per centum of the pension earned by the deceased member until each such child attains the age of eighteen or marries or dies: Provided, That the board may indefinitely continue payments to a dependent incompetent child. Where the sums payable to dependent children under this section are equal to the maximum pension to which the widow would be entitled, it shall be divided equally among the children entitled thereto. In the event there are no surviving children or no widow entitled to receive the payments provided for in this act, any dependent parents of the deceased member shall receive the monthly payments the widow would have received had she survived. In the event that there are no surviving children, widow or dependent parents entitled to receive the payments provided for in this act, the deceased member's contributions or the remainder of his contributions shall be paid to his estate. ((d) amended May 6, 2026, P.L.188, No.11)

(e) Any retired member of the Firemen's Relief and Pension Fund who retired prior to August 27, 1963, may, within ninety days after the effective date of this amendment, elect to be governed by the provisions of this subsection, provided such election shall be in writing and that such writing shall be filed with the secretary of the Firemen's Relief and Pension Fund. Each retired member who elects to be governed under the provisions of this subsection shall agree to contribute one-half of one per centum of his monthly pension to the Firemen's Relief and Pension Fund. Upon the death of any retired member who elected in the manner above prescribed to be governed by this subsection, his widow and surviving children shall receive the benefits otherwise provided by this act for widows and children of deceased members who elected to be governed by the amending act of August 27, 1963 (P.L.1297) and any further amendments thereto. ((e) added July 1, 1970, P.L.447, No.153)

(9.2 amended Nov. 9, 1965, P.L.679, No.333)

Compiler's Note: Section 9(c) of Act 173 of 1978 provided that section 9.2 is repealed insofar as it is inconsistent with 1 Pa.C.S. § 2301(c) (relating to equality of rights based on sex).

Section 9.3. (a) A surviving spouse of any active member of the 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 amendment; and

(3) if he died prior to the effective date of this amending act had completed twenty years of service or if he dies after the effective date of this amending act, regardless of the length of his service, 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 two years prior to the date of his death and that the spouse was dependent upon such deceased employe at the time of his death.

((a) amended Dec. 12, 1968, P.L.1207, No.379)

(b) Such surviving spouse shall be entitled to receive payments as provided in subsection (b) of section 9.2 of this act. ((b) amended Nov. 9, 1965, P.L.679, No.333)

(c) The word "pension" as used in this section shall be construed to mean the sum of the pension under the terms of this act, including the amount of service increments, if any, to which the deceased member of the fund would have been entitled had he retired upon the date of his death.

(d) In the event there is no surviving spouse or the surviving spouse dies and where there are dependent children of the deceased member of the fund, the board may pay to each such dependent child twenty-five per centum of the pension earned by the deceased member until each such child attains the age of eighteen or marries or dies: Provided, That the board may indefinitely continue payments to a dependent incompetent child. Where the sums payable to dependent children under this section are equal to the maximum pension to which the widow would be entitled, it shall be divided equally among the children entitled thereto. In the event there are no surviving children or no widow entitled to receive the payments provided for in this act, any dependent parents of the deceased member shall receive the monthly payments the widow would have received had she survived. In the event that there are no surviving children, widow or dependent parents entitled to receive the payments provided for in this act, the deceased member's contributions or the remainder of his contributions shall be paid to his estate. ((d) amended May 6, 2026, P.L.188, No.11)

(9.3 added Aug. 27, 1963, P.L.1297, No.526)

Compiler's Note: Section 9(c) of Act 173 of 1978 provided that section 9.3 is repealed insofar as it is inconsistent with 1 Pa.C.S. § 2301(c) (relating to equality of rights based on sex).

Section 9.4. Any member of the fund, within ninety days after the effective date of this amendment, or within ninety days of his appointment to the bureau of fire may elect to be governed by the provisions of this amendment, provided such election shall be in writing and that writing shall be filed with the secretary of the Firemen's Relief and Pension Fund.

(9.4 added Aug. 27, 1963, P.L.1297, No.526)

Section 9.5. Each member who elects to be governed under the provisions of this amendment shall agree to contribute one-half of one per centum of his rated monthly wages in addition to all other required contributions as set forth in this act.

(9.5 amended Oct. 10, 1974, P.L.730, No.247)

Section 10. A member of the fund who has severed his connection therewith and has subsequently again become eligible for membership therein shall, in addition to a readmission fee of five dollars, be required to return to the fund such dues as were repaid to him from the fund when his membership in the fund was severed.

Such refund shall be collected from the monthly wages of the reinstated member over the period of a year, and full payment thereof shall be a condition precedent to the member being eligible to the benefits of the fund.

Any person previously on retirement who is re-employed and reinstated as a member of the fund shall, at the time of his later retirement, be entitled to any increase in pension which has been provided for by amendments to the law prior to such later retirement.

If, however, any such reinstated member shall be totally and permanently disabled in line of duty before he shall have made such full restitution and before the expiration of the one year period, he shall be eligible to pension under this act; but any amount to which he shall have been indebted to the fund at the date of his injury shall be repaid, if the board, in its discretion, shall so require, in such monthly payments as said board may determine, which amounts shall be deducted from his pension as and when monthly payments thereof shall be made.

(10 amended Oct. 10, 1974, P.L.730, No.247)

Section 11. Members of the fund shall be eligible to pension under said fund upon written application of such member, stating his desire to withdraw from service in said city, which application shall show that such employe has rendered at least twenty years service to the said city, at least one year of which was immediately prior to his application, but which does not otherwise necessitate continuous service but that such service shall total twenty years and shall include service in the armed forces of the United States or active service in the Pennsylvania State Militia when said militia has been mobilized for internal police duty whether such armed forces or militia service occurs prior to or during such city service not to exceed three years. Each member desiring such credit shall be required to pay to the fund an amount equal to five per centum of the salary or wages he or she would have earned had he or she been a member of the bureau of fire during the period of military service, with interest at the rate of five per centum of the amount paid into the fund.

(11 amended Oct. 10, 1974, P.L.730, No.247)

Section 11.1. In addition to applicants eligible for pension pursuant to section eleven of this act, any member who has been admitted to membership in this fund, who has become totally and permanently disabled after ten years of service, shall be entitled to the said pension. Any person who has become totally and permanently disabled by reason of injury sustained in the actual performance of duty, shall be entitled to such pension. Such service shall include service in the armed forces of the United States or active service in the Pennsylvania State Militia when it has been mobilized for internal police duty whether such armed forces or militia service occurs prior to or during such city service. Proof of total and permanent disability shall consist of the 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. If the employe is a patient in a hospital operated by the United States, the Commonwealth of Pennsylvania, or any political subdivision thereof, the board may accept the sworn statement of the administrator of such hospital that the members of the medical staff of such hospital attending said employe are of the opinion that said 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. Once a year, or sooner if recommended by a physician, the board of pensions may require a disability pensioner to undergo a medical examination by three physicians appointed by the board, or if the pensioner is a patient in a hospital operated by the United States, the Commonwealth of Pennsylvania, or any political subdivision thereof, the board may require from the administrator of such hospital additional certification as to the continuance of the disability of said employe, and should such physicians or administrator 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 payments to such beneficiary shall be discontinued when the beneficiary is returned to active duty or has refused to return to active duty.

Payments to disabled members shall be made on or after July 1, 1959.

(11.1 amended Oct. 10, 1974, P.L.730, No.247)

Section 12. (a) Beneficiaries under the fund, who retire on or after January one, one thousand nine hundred fifty-six and before the effective date of this amending act, shall be entitled to receive from the fund, per month, an amount equalling fifty per centum of the average monthly wages earned by the contributor as an employe of the bureau of fire of the city during any five calendar years of service or the last sixty months immediately preceding retirement. Beneficiaries under the fund, who retire on or after the effective date of this amending act shall be entitled to receive from the fund, per month, an amount equalling fifty per centum of the average monthly wages earned by the contributor as an employe of the bureau of fire of the city during any three calendar years of service or the last thirty-six months immediately preceding retirement. If any employe has not been employed in the bureau of fire for at least five years but is otherwise entitled to a pension, such employe's pension shall equal not less than fifty per centum of the amount which would constitute the average monthly wages received by the beneficiary as an employe of the bureau of fire.

(b) Beneficiaries under the fund in any case shall be entitled to minimum monthly payments in the amounts indicated in the following table:

(c) Beneficiaries under the fund who have retired prior to December 31, 1965, shall be paid an additional sum of fifteen dollars ($15) per month.

(d) The governing body of a city of the second class may grant to beneficiaries under the fund, regardless of the date of retirement whether prior to or after the effective date of this act, an annual cost-of-living allowance not to exceed the per centum change in the price index from November of the year preceding the most recent cost-of-living adjustment as taken on November one in each year times the beneficiaries pension allowance, excluding cost-of-living adjustments. No pension shall be paid at a lower rate than that which the beneficiary would be entitled to receive excluding the cost-of-living allowance.

The cost-of-living percentage is the average quarterly calendar year change of the Consumer Price Index (all items--United States city average) published monthly by the Federal Bureau of Labor Statistics, using as a base of one hundred the years 1957-1959.

(12 amended Oct. 10, 1974, P.L.730, No.247)

Section 12.1. Any beneficiary under said fund shall, upon payment into the fund of the sum of two hundred dollars ($200), with accrued simple interest at three per cent (3%) per annum from the first day of August, one thousand nine hundred fifty-three, until the date it is paid, if paid after the fifteenth day of August, one thousand nine hundred fifty-three, but with no interest, if paid on or before the first day of August, one thousand nine hundred fifty-three, be entitled to receive from the fund annually and for life, in addition to his regular pension, determined in amount as of the date of his withdrawing from service in the city, an additional annuity, prorated on a monthly basis, as a one-twelfth addition to the monthly payments due on his regular pension, sufficient in amount that the total monthly payments received by him for regular pension and additional annuity combined shall equal the amount of the regular pension which he would have been entitled to receive if he had withdrawn from service in the city on and as of the first day of August, one thousand nine hundred fifty-three. Such additional annuity payments shall begin on the date on which the regular monthly pension payment is next due, after such contribution and interest have been paid.

In addition to other benefits provided by this act, city council may, by ordinance, pay beneficiaries of the fund who retired on or before December 31, 1968 an additional sum of forty dollars ($40) per month. (Par. added Dec. 6, 1972, P.L.1450, No.325)

(12.1 added Jul. 29, 1953, P.L.978, No.239)

Section 12.2. (12.2 repealed Oct. 10, 1974, P.L.730, No.247)

Section 12.3. (12.3 repealed Oct. 10, 1974, P.L.730, No.247)

Section 12.4. In every city of the second class, in addition to the pension which is authorized by law, every contributor who shall have otherwise become entitled to the pension and who has reached the age of fifty years, shall also be entitled to the payment of a service increment in accordance with and subject to the conditions hereinafter set forth:

(1) Service increment shall be the sum obtained by computing the number of whole years after the completion of twenty years' service while a contributor has been employed by the bureau of fire or the city, and paid out of the city treasury, and multiplying the number of years so computed by an amount equal to ten dollars for each month of service beyond twenty years of service. This sum shall be divided by twelve to arrive at the monthly increment payment. In computing the service increment, no employment, after the contributor has reached the age of sixty-five years shall be included.

(2) Each contributor, from and after the effective date of this amendment, shall pay into the retirement fund as the contribution to the increment fund, a monthly sum in addition to his or her retirement contribution which shall be equal to one-half of one per centum of his or her wages. Such payment shall not exceed the sum of one dollar per month. The service increment contribution shall not be paid after a contributor has reached the age of sixty-five years.

(3) Persons who are contributors on the effective date of this amendment who have already reached the age of sixty-five years shall have his or her service increment computed on the years of employment prior to the date of reaching his or her sixty-fifth birthday. Such person, however, shall be entitled to the increment only by paying in the one dollar per month contribution for the number of months his or her service exceeds twenty years, but such contribution shall not exceed a total of one hundred dollars.

(4) Service increment contributions shall be paid at the same time and in the same manner as pension contributions, and may be withdrawn in full without interest by persons who leave the employment of the bureau of fire subject to the same conditions by which pension contributions may be withdrawn, or by persons who retire before becoming entitled to any service increment. When any person is re-employed by the bureau of fire after withdrawal of pension contributions, his or her prior service shall not be used in the computation of service increment unless the amount of such contributions be repaid into the pension fund subject to the same conditions by which pension fund withdrawals are permitted to be repaid.

(5) All employes of the bureau of fire who are now contributors to the pension fund, and all persons who are employed by the bureau of fire after the effective date of this amendment, who are required to become contributors to the pension fund, shall be subject to the provisions of this section.

(12.4 amended Oct. 10, 1974, P.L.730, No.247)

Section 12.5. In addition to the other benefits provided by this act the city council is authorized by ordinance to adopt a plan of paying to widows of deceased firemen, not otherwise covered under this act, a monthly award of such amount as the council may from time to time determine and may further appropriate from the city's general fund sufficient amounts to make such further awards.

(12.5 added Mar. 3, 1972, P.L.100, No.36)

Compiler's Note: Section 9(c) of Act 173 of 1978 provided that section 12.5 is repealed insofar as it is inconsistent with 1 Pa.C.S. § 2301(c) (relating to equality of rights based on sex).

Section 12.6. Any person who shall, after the effective date of this act, be employed by the bureau of fire of the city, and who shall become a member of the fund and who, after twenty or more years service and before attaining the age of fifty years, shall be separated from the service by reason of no cause or act of his or her own, if such member continues to contribute to the pension fund monthly a sum equal to the last monthly contribution paid while in employ, such former employe shall, when he or she reaches the age of fifty years, be eligible to receive a pension allowance.

(12.6 added Dec. 19, 1975, P.L.605, No.174)

Section 12.7. Any person who shall, after the effective date of this act, be employed by the bureau of fire of the city and who shall become a member of the fund, and who, after twenty or more years service, retires voluntarily before reaching the age of fifty years, shall pay into the pension fund monthly a sum equal to the last monthly contribution paid while in the service until he or she reaches the age of fifty years, when such former employe shall be eligible to receive a pension allowance.

(12.7 added Dec. 19, 1975, P.L.605, No.174)

Section 13. If any beneficiary of the fund shall be awarded a pension and shall thereafter be convicted of felony, or shall become an habitual drunkard, or shall cease to care for and support his wife and family, then, and in any such case, the board shall have power, by a two-thirds vote, to revoke the pension, or to suspend the payment thereof, or to direct payment of the pension to the family of such beneficiary.

Compiler's Note: Section 9(c) of Act 173 of 1978 provided that section 13 is repealed insofar as it is inconsistent with 1 Pa.C.S. § 2301(c) (relating to equality of rights based on sex).

Section 14. Any beneficiary of the fund who may obtain employment in the service of the city itself, shall forfeit his pension from the fund during the time of such employment.

(14 amended Nov. 21, 1959, P.L.1592, No.572)

Section 15. The provisions of this act so far as they are the same as those of existing laws are intended as a continuation of such laws and not as new enactments.