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

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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

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PRINTER'S NO. 1210
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1039 Session of2009
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
Amending the act of February 1, 1974 (P.L.34, No.15), entitled
"An act creating a Pennsylvania Municipal Retirement System
for the payment of retirement allowances to officers,
employes, firemen and police of political subdivisions and
municipal authorities and of institutions supported and
maintained by political subdivisions and municipal government
associations and providing for the administration of the same
by a board composed of the State Treasurer and others
appointed by the Governor; imposing certain duties on the
Pennsylvania Municipal Retirement Board and the actuary
thereof; providing the procedure whereby political
subdivisions and municipal authorities may join such system,
and imposing certain liabilities and obligations on such
political subdivisions and municipal authorities in
connection therewith, and as to certain existing retirement
and pension systems, and upon officers, employes, firemen and
police of such political subdivisions, institutions supported
and maintained by political subdivisions, and upon municipal
authorities; providing for the continuation of certain
municipal retirement systems now administered by the
Commonwealth; providing certain exemptions from taxation,
execution, attachment, levy and sale and providing for the
repeal of certain related acts," further providing for
disability retirement of police officers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 313(a) and 411(a) of the act of February
1, 1974 (P.L.34, No.15), known as the Pennsylvania Municipal
Retirement Law, amended May 17, 1980 (P.L.135, No.50), are
amended to read:
Section 313. Disability Retirement.--(a) After a
contributor has had ten or more years of total service, he may,
upon application or on application of one acting in his behalf,
or upon application of a head of the department of the
municipality by which he is employed, be retired by the board on
a disability allowance if he is under superannuation retirement
age, and on a superannuation retirement allowance if he has
attained or passed such age, if the physician designated by the
board, after medical examination of the contributor made at the
place of residence of the contributor or at a place mutually
agreed upon, shall certify to the board that the contributor,
for medical reasons, is unable to [engage in any gainful
employment] return to or perform the duties of his office and
that said contributor ought to be retired. When the disability
of a contributor is determined to be service-connected, as
defined in this act, no minimum period of service shall be
required for eligibility. Application filing requirements shall
be identical to those outlined in clause (1) of section 309.
* * *
Section 411. Disability Retirement.--(a) After a member of
a municipal plan has had the required number of years of total
service as stated in the contract, he may, upon application or
on the application of one acting in his behalf, or upon
application of a head of the department of the municipality by
which he is employed, be retired by the board on a disability
allowance if he is under superannuation retirement age, and on a
superannuation retirement allowance if he has attained or passed
such age, if the physician designated by the board, after
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medical examination of the member made at the place of residence
of the member or at a place mutually agreed upon, shall certify
to the board that the member is unable to engage in any gainful
employment and that said member ought to be retired. In the case
of a member of a firefighter or police pension plan who has had
the required number of years of total service as stated in the
contract, the member need only be certified by the physician to
be unable to return to or perform the duties of his office.
Where the disability of a member is determined to be service-
connected, as defined in this act, no minimum period of service
shall be required for eligibility. Requirements for filing
applications shall be identical to those outlined in clause (1)
of section 407.
* * *
Section 2. This act shall take effect in 60 days.
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