Pennsylvania Act 1935-99 — SECOND CLASS CITY POLICEMEN RELIEF LAW

Act text

AN ACT

Creating and establishing a fund for the care, maintenance, and relief of aged, retired, and disabled employees of the Bureau of Police in cities of the second class; providing a pension fund for said employees; and providing for the payment of certain dues, fees, assessments, fines, and appropriations thereto; regulating membership therein; creating a board for the management thereof; providing the amount, mode, and manner of payment to beneficiaries thereof, and for the care and disposition of said fund; providing for the payment into this fund by cities of the second class of all monies heretofore payable into any other funds, organizations, corporations, or associations having the same or similar purposes, and of such additional monies as may be necessary to carry out the provisions of this act.

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 employees of the Bureau of Police of such city, which fund shall be known as the "Policemen's Relief and Pension Fund of the City of "

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

(1) All disciplinary fines imposed upon the policemen of such city.

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

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

(4) All donations and appropriations of money, from whatever source, which shall be made to the fund.

(5) All monies heretofore required to be paid by cities of the second class to the organization or association, constituting and having in charge the distribution of police pension funds in such cities.

(6) Sums to be annually paid into said fund by each city of the second class, in amounts sufficient to maintain the pensions or compensations and service increments due under this act. The public authorities of every city of the second class, charged with the disbursements, expenditures, and appropriations thereof, shall annually set aside, apportion, and appropriate out of all taxes and income of the said cities unto the fund hereby created, a sum sufficient to maintain the pensions or compensation and service increments due under this act, and to carry out the provisions of this act. (6 amended June 28, 1955, P.L.210, No.66)

(7) Contributions by members to the fund shall be applied annually to pension payments made from the fund where the total contributions by members are insufficient to meet pension payments due. The governing body of the municipality shall appropriate sufficient moneys to meet the obligations of the fund in the event that the appropriations made by the city are over and above the annual requirements of the fund. Such surpluses shall be returned by the pension fund to the general fund of the city.

(2 amended June 25, 1947, P.L.919, No.383)

Section 3. There is hereby created for the care, management, and control of such fund, a board of managers, consisting of eleven members, to be known as the "Policemen's Pension Fund Board of the City of ..........................." The personnel thereof shall be as follows: the president of council, the city controller, and the director of the department of public safety, who shall be ex-officio members, and eight elective members from among the following classes of the members and beneficiaries of such fund: One member to be elected from among the inspectors, captains, and lieutenants of both police and detectives, one member to be elected from among the sergeants and detectives, two members to be elected from among the beneficiaries of the fund, and four members to be elected from among the active members of the fund, who are of the rank and file and not classified in any of the foregoing groups.

The first board of managers, the members of which shall hold office until the first day of February, one thousand nine hundred and thirty-six, shall consist of those persons, who at the effective date of this act, shall be the members of the board of directors or managers of the organization or association, which is designated as the official and authorized organization or association to hold, receive, and distribute the funds, for the purpose of pensioning the police officers of said cities of the second class under the provisions of the act of Assembly of April fifth, one thousand nine hundred and seventeen (Pamphlet Laws, thirty-nine).

The board is hereby authorized to make and establish such rules and regulations for the care, management, and operation of the fund, created by this act, as shall not be inconsistent with the provisions of this act.

Section 4. Elections of the eight elective members of the board shall be held annually on the second Monday of January of each year, beginning with the year one thousand nine hundred and thirty-six, and the said members, so elected, shall take office on the first day of February, following their elections. From and after the first day of February, one thousand nine hundred forty-eight, these eight members shall serve two year terms. The four from the rank and file members shall hold over until the first day of February, one thousand nine hundred forty-nine, and, thereafter such members shall be elected on the odd numbered years. The other four elective personnel of the board shall be elected biennially on the even numbered years.

Vacancies among the elective members of the board shall be filled by the board at its next meeting, for the unexpired term.

The time and place of holding the annual elections shall be designated and fixed by the board, herein created.

(4 amended June 25, 1947, P.L.919, No.383)

Section 5. The president and the vice-president of the board shall be elected by the members of the board. The board shall elect a secretary-treasurer from the members of the fund, who shall have been a civil service employe of the police department for at least five years prior to the date of his election, and may elect, or appoint, a solicitor and such other employees as the board may deem necessary, and shall fix the salary or compensation of all officers and employees, elected, or appointed, by the board.

(5 amended June 25, 1947, P.L.919, No.383)

Section 6. The president shall preside at all meetings of the board. He shall 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 accounts between the fund and its members. All checks shall be signed by the secretary-treasurer and countersigned by the president or vice-president of the board.

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 five members of the board, or twenty-one members 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.687, No.334)

Section 7. The board shall designate and choose the bank or banks, trust company or trust companies, in such city, in which the monies of the fund shall be deposited.

The board may invest the monies of the 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 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 shall be furnished to the council of the city and copies to the members of the board.

Section 8. The membership of the fund shall consist of--

(1) All persons who shall, after the effective date of this act, become employees of the Bureau of Police including all substitute uniformed employees of the Bureau of Police: Provided, That membership under this sub-section shall exist solely by virtue of the provisions of this sub-section and without the making of any application.

(2) Each present employee of the Bureau of Police, as classified by part (1) of this section, who at the effective date of this act, is a member of any Employees' Pension Fund, created under the act of May twenty-eight, one thousand nine hundred and fifteen (Pamphlet Laws five hundred ninety-six), if, and only if, he elects to withdraw and resign from the said Employees' Pension Fund and to apply for membership in the fund created by this act.

(3) Each person, who at the effective date of this act, is a member of any other association, corporation, or fund in the same city, constituted for and having in charge, the distribution of police pension funds, but to whom a pension has not yet been granted by said other association, corporation, or fund, if, and only if, he waives his right to receive any other pension than a death benefit from the said other association, corporation, or fund, and applies for membership in the fund created by this act, and assigns to the fund created by this act, whatever amount of his contributions to the said other association, corporation, or fund, of which he is a member at the effective date of this act, he is permitted to withdraw from the said association, corporation, or fund by the laws and rules thereof now, or hereafter, in effect.

(4) Each member of any other association, corporation, or fund in the same city, existing or created for purposes similar to the purposes of the fund created by this act, to whom, prior to the effective date of this act, a pension has been granted by the said other association, corporation, or fund, and who has not forfeited his right to receive the said pension, whether at the effective date of this act he is receiving the said pension or not, if, and only if, he waives his right to receive from the said other association, corporation, or fund any other pension than a death benefit, and applies for membership in the fund created by this act. The waiver, in such case, is only to take effect, as of the date that the member first receives pension payments from the fund created by this act.

(8 amended June 25, 1947, P.L.919, No.383)

Section 9. The forms for application for membership, required under sub-sections (2), (3), and (4) of section 8 hereof, shall be determined by the board of managers. These forms shall include the waivers and assignments, required under the provisions of section 8 hereof. Upon the filing with the secretary-treasurer of the fund of an application, properly filled out and executed on the form prescribed by this section, an applicant shall automatically become a member of the fund created by this act.

Section 10. Each member in active service shall be required--

(1) To contribute to said fund six per centum of his rated monthly salary or wages, which shall be deducted from his salary or wages, by the city controller from the payroll for the last half of each month, and paid into the fund. ((1) amended Nov. 9, 1965, P.L.687, No.334)

(2) Substitute employees of the Bureau of Police, as classified under subsection (1) of section 8 hereof, shall be credited for pension and paid on the basis of actual days served in the Bureau of Police.

(3) Regular and substitute employees shall serve at least one day in each month in order to be credited for one month's service for pension under this act.

(10 amended June 28, 1955, P.L.210, No.66)

Section 10.1. Each person who shall become an employee of the Bureau of Police, after having been employed by the city other than in the Bureau of Police, and who shall desire to have such previous service counted for eligibility to receive a pension under the provisions of section 13 of this act, shall be required to pay to the fund an amount equal to five per centum (5%) of his or her total salary or wages theretofore received by him or her, for each previous month of service for which he receives credit as an employee 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 salary or wages of the member over the period of two years in the manner provided in clause (1) of section 10 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.

(10.1 amended Nov. 9, 1965, P.L.687, No.334)

Section 11. When any member of the fund shall resign or be dismissed from service, or shall die while in active service, there shall be paid to the member or the surviving spouse of the member, and if no spouse survive, to his or her executor or administrator, if his or her service has been terminated by death, from the fund, all dues paid by the member into the fund without interest, and all monies which the fund may have received under any assignment made by the said member to the fund at the time of his or her admission to membership, under the provisions of subsection (3) of section 8 hereof.

In addition, when any member of the fund shall die as a result of injuries received while in the performance of his or her duties, there shall be paid to the member's surviving spouse from the fund, monthly sums in amounts which together with any payments received under "The Pennsylvania Workmen's Compensation Act" or "The Pennsylvania Occupational Disease Act," will be equal to fifty per centum (50%) of his or her salary at the time of his or her death. Such monthly payments shall continue for five hundred (500) weeks, or until the death of the surviving spouse, whichever shall first occur.

In the event there are surviving children but no surviving spouse, or after the payments herein provided for the surviving spouse have been discontinued by reason of the end of the five hundred (500) week period or his or her death, each child of the deceased member under eighteen (18) years of age shall thereafter receive payments equal to twenty-five per centum (25%) of the payments above provided for the surviving spouse, but in no case shall total payments to one family be more than fifty per centum of his or her salary at the time of his or her death. Where there is only one child, the minimum monthly payments shall be sixty dollars ($60). 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 (18) years, or his marriage or death: Provided, That the board shall continue indefinitely payments to a dependent incompetent child. The payments shall consist of any payments received under "The Pennsylvania Workmen's Compensation Act" or "The Pennsylvania Occupational Disease Act," supplemented by the necessary amount from the pension fund.

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

In the event there are no surviving children or no surviving spouse entitled to receive the payments provided for in this act, any dependent parents of the member shall receive the payments the surviving spouse would have received had he or she survived.

(11 amended Oct. 27, 2006, P.L.1202, No.130)

Section 11.1. Married Persons; Pension to Surviving Spouse and Dependent Children.--

(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 or her retirement, receive the pension provided by this act during his or her lifetime and a pension after his or her death, payable to his or her surviving spouse at the time of the member's death, equal to fifty per centum of his or her pension: Provided, That such person so retiring shall have been married to his or her spouse for not less than two years prior to the date of death and the spouse was dependent upon such deceased employee at the time of death.

(a.1) Any retired member of the Police 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 Police Pension Fund. Each retired member who elects to be governed under the provisions of this subsection shall agree to contribute one-half of one percent of his monthly pension to the Police Pension Fund. Upon the death of any retired member who elected in the manner above prescribed to be governed by this subsection, the surviving spouse and surviving children shall receive the benefits otherwise provided by this act for surviving spouses 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.

(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 shall allocate the pension to dependent children or parents as provided in this act: Provided, That in no case shall total payments to a member or his or her survivors or his or her estate be less than the deceased member's contribution into the fund.

(c) 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 shall pay to each such dependent child twenty-five per centum of the pension earned by the deceased member until the age of eighteen or death: Provided, That the board shall 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 surviving spouse would be entitled, it shall be divided equally among the children entitled thereto.

In the event there are no surviving children and no surviving spouse entitled to receive the payments provided for in this act, any dependent parents of the deceased member shall receive the monthly payments the surviving spouse would have received had he or she survived.

(d) 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.

(11.1 amended Oct. 27, 2006, P.L.1202, No.130)

Section 11.2. (a) A surviving spouse of any active member of the Police Pension Fund who:

(1) at the time of his or her 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 or she died prior to the effective date of this amending act and had completed at least twenty years' service; or if he or she 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 or her death: Provided, That such employee shall have been married to his or her spouse for not less than two years prior to the date of his or her death and that the spouse was dependent upon such deceased employee at the time of death.

(b) Such surviving spouse shall be entitled to receive payments as provided in subsections (b) and (c) of section 11.1 of this act.

(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 Police Pension Fund would have been entitled had he retired upon the date of his death.

(11.2 amended Oct. 27, 2006, P.L.1202, No.130)

Section 11.3. Any member of the Police Pension Fund and any person hereafter joining the Police Pension Fund 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 Police Pension Fund and such election shall be accompanied by a payment of monies required by section 11.4 of this act, from August 27, 1963, or from the date of employment by the Bureau of Police, whichever is later.

(11.3 amended Mar. 3, 1972, P.L.96, No.34)

Section 11.4. Each member who elects to be governed under the provisions of this amendment shall agree to contribute one-half of one per cent of his earned compensation in addition to all other required contributions as set forth in this act.

(11.4 added Aug. 27, 1963, P.L.1299, No.527)

Section 12. A member of the fund, who has severed his connection therewith and has subsequently again become a member thereof, shall be required to pay a re-admission fee of $5.00 and to return to the fund, such monies as were paid to him from the fund when his membership in the fund was terminated with interest at the rate earned by the fund during the period.

Such re-admission fee and refund shall be collected from the monthly salary or wages of the reinstated member over the period of a year, in the manner provided for in sub-section (1) of section 10 hereof, or in such manner and period as the board of managers may determine. Full payment thereof shall be a condition precedent to the member being eligible to receive the benefits of the fund.

If, however, any such reinstated member shall be totally and permanently disabled in the line of duty before he shall have made such full restitution, he shall be eligible to pension under this act; but any amount, in 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.

(12 amended Sept. 17, 1959, P.L.909, No.360)

Section 13. Members of the fund shall be eligible to receive pensions from said fund as follows--

(1) A member, who has been admitted into membership under the provisions of sub-section (4) of section 8 hereof, shall at once and automatically be entitled to receive a pension as hereinafter stipulated.

(2) A member, who has been admitted to membership in this fund within sixty days from the effective date of this act, under the provisions of sub-section (2) or sub-section (3) of section 8 hereof, shall be entitled to receive a pension from this fund, upon written application of such member, stating his desire to withdraw from service in said city, or that his employment by the said city has been terminated, and showing that such member 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 need not have been otherwise continuous service. Such service shall total twenty years and shall include service in the armed forces of the United States in times of war: Provided, That the board of managers, for good cause shown to their satisfaction, may permit a member, who has been admitted to membership more than sixty days after the effective date of this act, to go on pension upon filing a written application, containing the statements prescribed by this sub-section.

(3) Any member, who has become a member of this fund, under the provisions of sub-section (1) of section 8 hereof, or who has been admitted to membership under the provisions of sub-section (2) or sub-section (3) of section 8 hereof, more than sixty days after the effective date of this act, shall be entitled to receive a pension from said fund upon written application of such member, stating his desire to withdraw from service in said city or that his employment by the said city has been terminated, and showing that such member has attained the age of fifty years and has rendered at least twenty years' service whether or not continuous to the said city 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 police during the period of military service, with interest at the rate of five per centum of the amount paid into the fund. ((3) amended Oct. 10, 1974, P.L.738, No.248)

(4) Any member, who, while a member of the fund, is injured in the line of duty and disabled through such injury, shall be entitled to receive a pension from the fund created by this act, upon written application of such member, stating such facts and further showing that such disability continues, and that the applicant is no longer entitled to payments from the city under the provisions of the Workmen's Compensation Act and its amendments. Upon approval by the board, such member of the fund shall become a beneficiary thereunder.

(5) In addition to applicants eligible for pension pursuant to section 11 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 said pension. Any member 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 in time of war, armed conflict, 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 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 of office. Once a year, the board of pensions may require a disability pensioner to undergo, or the disability pensioner may demand, a medical examination by three physicians appointed by the board and approved by the civil service commissioners, 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 payments to such beneficiary shall be discontinued, and the beneficiary shall be reinstated to the position he formerly held or be returned to active duty in the next vacancy that occurs: Provided, That the beneficiary has been found to be fully qualified to perform the duties required in the position to which reinstatement or appointment is made.

Payments for disability shall be made on or after July 1, 1959. ((5) amended Oct. 10, 1974, P.L.738, No.248)

(13 amended June 25, 1947, P.L.919, No.383)

Section 13.1. Beneficiaries under the fund in any case shall be entitled to minimum monthly payments in the amounts indicated in the following table:

The pensions for members retired prior to January one, one thousand nine hundred fifty-nine, who held positions not included in the above table, shall be rated, classified and determined by the board of managers, in amounts proportionate to the pensions listed in the above table.

No pension shall be granted or paid to any member, pursuant to this section, based on the rank or position which he holds at the time of making application for pension, unless he has held such rank or position for a period of one (1) year prior to the date of making such application.

Beneficiaries under the fund who have retired prior to January 1, 1966, shall be paid an additional sum of fifteen dollars ($15) per month. (Par. added Mar. 3, 1972, P.L.96, No.34)

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.1448, No.324)

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. (Par. added Oct.10, 1974, P.L.738, No.248)

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. (Par. added Oct. 10, 1974, P.L.738, No.248)

(13.1 amended June 23, 1969, P.L.92, No.33)

Section 14. Beneficiaries under the fund, who retire or who become eligible to receive a pension allowance on or after November 9, 1965 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 salary earned by the contributor as an employe of the Bureau of Police of the city during any five calendar years of service or the last sixty months immediately preceding retirement. Beneficiaries under the fund, who retire or who become eligible to receive a pension allowance 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 salary earned by the contributor as an employe of the Bureau of Police 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 Police 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 salary or wages received by the beneficiary as an employe of the Bureau of Police. Pension payments shall always be payable on the third working day of each month and shall be for the preceding month.

(14 amended Dec. 12, 1968, P.L.1205, No.378)

Section 14.1. 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, pro-rated 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.

(14.1 added July 29, 1953, P.L.1003, No.252)

Section 14.2. Any member 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 employee shall, when he or she reaches the age of fifty years, be eligible to receive a pension allowance.

(14.2 added June 28, 1955, P.L.210, No.66)

Section 14.3. Any person 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 employee shall be eligible to receive a pension allowance.

(14.3 added June 28, 1955, P.L.210, No.66)

Section 14.4. In every city of the second class, in addition to the pension which is authorized by law and notwithstanding the limitations therein placed upon pensions and upon contributions, 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 Police 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 Police, 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 reemployed by the Bureau of Police 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 employees of the Bureau of Police who are now contributors to the pension fund and all persons who are employed by the Bureau of Police 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.

(14.4 amended Oct. 10, 1974, P.L.738, No.248)

Section 14.5. Any person previously on retirement pension who is reemployed 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 amendment to the law prior to such later retirement.

(14.5 added Nov. 9, 1965, P.L.687, No.334)

Section 14.6. In addition to the other benefits provided by this act the city council is authorized by ordinance to adopt a plan of paying to surviving spouses of deceased policemen, 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.

(14.6 amended Oct. 27, 2006, P.L.1202, No.130)

Section 15. 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 or her spouse 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, and in such case, the family shall be considered the beneficiary within the meaning of section 18 hereof.

(15 amended Oct. 27, 2006, P.L.1202, No.130)

Section 16. Any beneficiary of the fund who may obtain employment in service of the city itself shall suffer suspension of his pension from the fund during the time of such employment. If any beneficiary shall die before receiving in pension, a sum equal to the beneficiary's total contributions to the fund, such difference shall be paid to the beneficiary's surviving spouse, or, if no surviving spouse survives, to the beneficiary's executor or administrator.

(16 amended Oct. 27, 2006, P.L.1202, No.130)

Section 17. 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.

Section 18. The compensation or pension, herein provided for, shall not be subject to attachment, execution, levy, garnishment, or other legal process, and shall be payable only to the beneficiary, designated by this act, in person and shall not be subject to assignment or transfer.

Section 19. The provisions of this act shall be severable, and if any of the provisions thereof shall be held to be unconstitutional, the decision so holding shall not be construed to affect or impair any of the remaining provisions of this act. It is hereby declared as the legislative intent that this act would have been adopted, had such unconstitutional provisions not been included herein.

Section 20. The following acts, and parts of acts of Assembly, are repealed so far as they apply to cities of the second class, viz.,

An act entitled, "An act to empower boroughs and cities to establish a police pension fund to take property in trust therefor; and regulating and providing for the regulation of the same," approved the 24th day of May, one thousand eight hundred and ninety-three (Pamphlet Laws, one hundred twenty-nine).

An act entitled "An act to amend section one of the act, approved the twenty-fourth day of May, one thousand eight hundred and ninety-three (Pamphlet Laws, one hundred twenty-nine), entitled 'An act to empower boroughs and cities to establish a police pension fund; to take property in trust therefor; and regulating and providing for the regulation of the same,' directing the establishment of such funds by cities," approved the second day of May, one thousand nine hundred and twenty-nine (Pamphlet Laws, one thousand two hundred seventy-two).

Section 21. This act shall take effect on the first day of September, one thousand nine hundred and thirty-five.