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2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 143 - Pensions › Section 14302.1 - Limited vested benefit

§ 14302.1. Limited vested benefit.
(a) Ordinance.--
The ordinance establishing a police pension fund may provide for a limited vested benefit if the benefit would conform to section 305 of the act of December 18, 1984 (P.L.1005, No.205), known as the Municipal Pension Plan Funding Standard and Recovery Act.
(b) Requirements.--
Under a limited vested benefit, a member of the police pension fund who has not completed the minimum period of continuous service requirement and satisfied an applicable minimum age requirement but who has completed 12 years of full-time service shall be entitled to vest the member's retirement benefits subject to the following conditions:
(1) The member must file with the management board of the police pension fund a written notice of the member's intention to vest.
(2) The member must include in the notice the date the member intends to terminate the member's service as a full-time police officer.
(3) The termination date shall be at least 30 days later than the date of notice to vest.
(4) The member must be in good standing with the police department on the date of the notice to vest.
(5) The board shall indicate on the notice to vest the rate of the monthly pay of the member as of the date of the notice to vest or the highest average annual salary which the member received during any five years of service preceding that date, whichever is higher.
(c) Notification.--
Upon reaching the date that would have been the member's retirement date if the member continued full-time employment with the police department, the member shall notify the board, in writing, that the member desires to collect the member's pension.
(d) Amount of retirement benefits.--
The amount of retirement benefits the member is entitled to receive under this section shall be computed as follows:
(1) The initial determination of the member's base retirement benefits shall be computed on the salary indicated on the notice to vest.
(2) The portion of the base retirement benefits due the member shall be determined by applying to the base amount the percentage that the member's years of service rendered bears to the years of service that would have been rendered if the member continued to be employed by the department until the member's minimum retirement date.
Cross References. Section 14302.1 is referred to in section 14303 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 143 - Pensions › Section 14303.1 - Increase of allowances after retirement

§ 14303.1. Increase of allowances after retirement.
(a) Increase of allowance.--
Upon the recommendation of the persons having custody and management of the police pension fund, a city may, at its discretion, increase the allowance of individuals receiving an allowance from the police pension fund by reason of and after the termination of the services of a member of the fund.
(b) Limitation.--
An increase made under this section must be in conformity with a uniform scale that may be based on the cost of living, but the total of the allowance may not exceed one-half of the current salary being paid patrol persons of the highest pay grade.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 143 - Pensions › Section 14303.2 - Total disability

§ 14303.2. Total disability.
(a) Injury sustained in the line of duty.--
Notwithstanding any provision of this chapter, a police officer who becomes totally disabled due to an injury sustained in the line of duty shall be deemed to be fully vested in the police pension fund regardless of the actual number of years of credited service and shall be eligible for immediate retirement benefits.
(b) Claim and proof.--
The governing body of the city shall decide a claim under this section. Proof of disability shall be by competent medical evidence provided by the claimant. The governing body of the city may, at any time, have the claimant examined by its own physician.
(c) Procedure.--
A claim under this section may be initiated as the regulations of council prescribe. Hearings and appeals shall be as provided in 2 Pa.C.S. (relating to administrative law and procedure).
(d) Subrogation.--
The police pension fund shall be subrogated to the right of the claimant to the extent of a payment made under the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act, or the act of June 28, 1935 (P.L.477, No.193), referred to as the Enforcement Officer Disability Benefits Law (Heart and Lung Act).
(e) Definition.--
As used in this section, the term "total disability" means permanent mental or physical impairment that renders the police officer unable to perform the officer's duties.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 143 - Pensions › Section 14304 - Inalienable rights in fund

§ 14304. Inalienable rights in fund.
Whenever an individual becomes entitled to receive an allowance from the police pension fund and has been admitted to participate in the fund, the individual may not be deprived of the individual's right to equal and proportionate participation in the fund on the basis upon which the individual first became entitled to participation.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 143 - Pensions › Section 14305 - Payments to police pension fund by city

§ 14305. Payments to police pension fund by city.
Unless otherwise required by the act of December 18, 1984 (P.L.1005, No.205), known as the Municipal Pension Plan Funding Standard and Recovery Act, or another provision of law, this section shall govern the payment to the police pension fund of money raised by a tax levied by the city. The following shall apply:
(1) A city shall pay annually to the police pension fund a sum of money sufficient to meet the requirements of and to maintain the fund. In any year, the sum may not be less than one-half of 1% or more than 3% of the taxes levied by the city, other than a tax levied to pay interest on or extinguish the debt of the city.
(2) Council may exceed the limitation imposed by this section if an additional amount is deemed necessary to provide sufficient funds for payments to surviving spouses of members retired on pension, killed or who die in the service, provided that the city may annually pay into the fund not less than one-half of 1% of the taxes levied by the city, other than a tax levied to pay interest on or extinguish the debt of the city.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 143 - Pensions › Section 14306 - Management of police pension fund

§ 14306. Management of police pension fund.
Only a person designated in accordance with section 14301(b)(4) (relating to police pension fund) shall be authorized to make decisions to hold, receive and distribute the money of the police pension fund.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 143 - Pensions › Section 14307 - Trust for benefit of police pension fund

§ 14307. Trust for benefit of police pension fund.
By gift, grant, devise or bequest, a city may take money or real, personal or mixed property in trust for the benefit of the pension fund. The care, management, investment and disposal of the body of the trust shall be vested in the officer or officers of the city for the time the council designates. The care, management and disposal shall be directed by ordinance and the body of the trust shall be governed by the ordinance, subject to the directions that are not inconsistent with the ordinance, as the settlor of the trust may prescribe.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 143 - Pensions › Section 14308 - Repayment before retirement

§ 14308. Repayment before retirement.
(a) Refund.--
If a contributing member of the police pension fund ceases to be a member of the police force before becoming entitled to a pension, the total amount of the contributions paid into the pension fund by the member shall be refunded to the member in full, without interest.
(b) Return of amount contributed.--
If the fund has returned to the member the amount contributed and afterward the individual again becomes a member of the police force, the member shall not be entitled to the pension designated until 20 years after the member's reemployment, unless the member returns to the police pension fund the amount withdrawn. If a member returns to the pension fund the amount withdrawn, the period of 20 years shall be computed from the time the member first became a member of the police force, excluding the period of time during which the member was not employed by the police force.
(c) Payment to member's estate.--
If a member of the police force dies not in the line of service before the member becomes entitled to a pension and the member is not survived by a spouse or family entitled to payments as provided in this subchapter, the total amount of contributions paid into the pension fund by the member shall be paid over to the member's estate.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 143 - Pensions › Section 14319 - Definitions

§ 14319. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Salary."
The fixed amount of compensation paid at regular, periodic intervals by the city to the member and from which pension contributions have been deducted.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 143 - Pensions › Section 14320.1 - Limited vested benefit for firefighters

§ 14320.1. Limited vested benefit for firefighters.
(a) Ordinance.--
The ordinance establishing a firefighters pension fund may provide for a limited vested benefit if the benefit would conform to section 305 of the act of December 18, 1984 (P.L.1005, No.205), known as the Municipal Pension Plan Funding Standard and Recovery Act.
(b) Conditions.--
Under a limited vested benefit, if a member of the firefighters pension fund has not completed the minimum period of continuous service and the applicable minimum age requirement but has completed 12 years of full-time service and ceased to be employed as a full-time firefighter, the member shall be entitled to vest the member's retirement benefits subject to the following conditions:
(1) The member must file with the management board of the firefighters pension fund a written notice of the member's intention to vest.
(2) The member must include in the notice the date the member intends to terminate service as a full-time firefighter.
(3) The termination date shall be at least 30 days later than the date of notice to vest.
(4) The member must be in good standing with the fire department on the date of notice to vest.
(5) The board shall indicate on the notice to vest the rate of the monthly pay of the member as of the date of the notice to vest or the highest average annual salary which the member received during any five years of service preceding the date, whichever is higher.
(c) Notification.--
Upon reaching the date that would have been the member's retirement date had the member continued full-time employment with the fire department, the member shall notify the board in writing that the member desires to collect the member's pension.
(d) Computation.--
The amount of retirement benefits the member is entitled to receive under this section shall be computed as follows:
(1) The initial determination of the member's base retirement benefits shall be computed on the salary indicated on the notice to vest.
(2) The portion of the base retirement benefits due the member shall be determined by applying to the base amount the percentage that the member's years of service rendered bears to the years of service that would have been rendered had the member continued to be employed by the department until the member's minimum retirement date.
Cross References. Section 14320.1 is referred to in section 14322 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 143 - Pensions › Section 14321 - Retirement and final discharge

§ 14321. Retirement and final discharge.
(a) Ordinance.--
With regard to continuous service and minimum age requirements, the ordinance establishing or regulations governing the firefighters pension fund shall prescribe as follows:
(1) A minimum period of continuous service of not less than 20 years.
(2) If a minimum age is prescribed, a minimum of 50 years of age.
(b) Retired member.--
If not unfit by reason of age, disability or otherwise, a retired member shall be subject to service as a firefighter reserve in a case of emergency under terms and conditions as may be established by council.
(c) Military service.--
With the approval of council, a member of the firefighters pension fund shall be entitled to have full credit for each year or fraction of a year, not to exceed five years, of service upon:
(1) the member's payment to the firefighters pension fund of an amount equal to that which the member would have paid had the member been a member during the period for which the member desires credit; and
(2) the member's payment to the fund of an additional amount as the equivalent of the contributions of the city plus the interest the city would have been required to pay on the contributions on account of the military service. To be eligible under this paragraph, the member must be a contributor who served in the armed forces of the United States after September 1, 1940, and was not a member of the firefighters pension fund prior to the military service.
(d) Payments to surviving spouse.--
Upon the death of a member who retires on pension or is killed in service on or after January 1, 1960, or who dies in the service on or after January 1, 1968, payments as provided under this subchapter shall be made to the member's surviving spouse during the life of the spouse.
Cross References. Section 14321 is referred to in section 14322 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 143 - Pensions › Section 14322.1 - Increase of allowances after retirement

§ 14322.1. Increase of allowances after retirement.
(a) Recommendation.--
A city may, at any time, at its discretion and upon the recommendation of the persons having custody and management of the firefighters pension fund, increase the allowances of individuals receiving allowances of any kind from the fund by reason of and after the termination of the services of any member of the fund.
(b) Uniform scale.--
Increases made pursuant to this section shall be in conformity with a uniform scale, which may be based on the cost of living, but the total of the allowances shall not, at any time, exceed one-half of the current salary being paid firefighters of the highest pay grade.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 143 - Pensions › Section 14323 - Causes for forfeiture of rights in fund and other employments

§ 14323. Causes for forfeiture of rights in fund and other employments.
(a) Requirement.--
Whenever an individual becomes entitled to receive a pension from the firefighters pension fund and has been admitted to participate in the pension fund, the individual shall not be deprived of the individual's right to participation in the pension fund on the basis upon which the individual first became entitled to participation, unless otherwise required by the act of July 8, 1978 (P.L.752, No.140), known as the Public Employee Pension Forfeiture Act.
(b) Notice and hearing.--
Any termination of a pension shall be only after due notice and hearing as prescribed by regulation of the managers of the fund.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 143 - Pensions › Section 14324 - Payments to firefighters pension fund by city

§ 14324. Payments to firefighters pension fund by city.
Unless otherwise required by the act of December 18, 1984 (P.L.1005, No.205), known as the Municipal Pension Plan Funding Standard and Recovery Act, or by any other provision of law, this section shall govern the payment of money raised by taxes levied by the city to the firefighters pension fund. The following shall apply:
(1) A city shall pay to the firefighters pension fund annually a sum of money not less than one-half of 1% nor more than 3% of all taxes levied by the city, other than taxes levied to pay interest on or extinguish the debt of the city.
(2) Council may exceed the limitations imposed by this section if an additional amount is deemed necessary to provide sufficient money for payments to surviving spouses of members retired on pension, killed or who die in service, provided that the city shall annually pay into the fund not less than one-half of 1% of all taxes levied by the city, other than taxes levied to pay interest on or extinguish the debt of the city.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 143 - Pensions › Section 14325 - Transfers from other pension funds

§ 14325. Transfers from other pension funds.
(a) Transfers.--
In any city where the members of the fire department are members of a pension fund not established solely for the purpose of pensioning members of the fire department, an amount equal to the money contributed to the other pension fund by members of the fire department who have not retired and a just and equitable proportion of the money contributed by the city to the other pension fund for the future retirement of members of the fire department shall be transferred from the other pension fund into the firefighters pension fund required under this chapter. The transfers may be made by the transfer of securities. The amounts to be transferred shall be amicably adjusted by the managers of the firefighters pension fund and the pension board having the charge of the other pension fund. In case of disagreement as to the amount to be transferred, the disagreement shall be resolved by council, whose action on the matter shall be final.
(b) Continuation.--
Nothing under this section shall be construed to relieve any existing pension fund of its liability to continue the payment of pensions to retired members of the fire department in accordance with the laws and regulations under which the members were retired.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 143 - Pensions › Section 14326 - Trusts for benefit of firefighters pension fund

§ 14326. Trusts for benefit of firefighters pension fund.
A city may take, by gift, grant, devise or bequest, any money or property, real, personal or mixed, in trust for the benefit of the pension fund. The care, management, investment and disposal of the body of the trust shall be vested in the officer or officers of the city as the city may designate. The care, management and disposal shall be directed by ordinance and the body of the trust shall be governed by the ordinance, subject to directions not inconsistent with the ordinance, as the settlor of the trust may prescribe.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 143 - Pensions › Section 14327 - Repayment before retirement

§ 14327. Repayment before retirement.
(a) Refund.--
If a contributing member of the firefighters pension fund ceases to be a member of the fire department before the member becomes entitled to a pension, the total amount of the contributions paid into the pension fund by the member shall be refunded in full without interest.
(b) Withdrawals.--
If the fund returns to the member the amount contributed and afterward the individual again becomes a member of the fire department, the member shall not be entitled to the pension designated until 20 years after the member's reemployment, unless the member returns to the pension fund the amount withdrawn, in which event the period of 20 years shall be computed from the time the member first became a member of the fire department, excluding any period of time during which the member was not employed by the fire department.
(c) Death of a member.--
In the event of the death of a member of the fire department, the total amount of contributions paid into the pension fund by the member shall be paid over to the member's estate if any of the following apply:
(1) the death did not occur in the line of duty;
(2) the death occurs before the member becomes entitled to a pension; and
(3) the member has no surviving spouse or family entitled to payments as provided in this subchapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 143 - Pensions › Section 14339 - Definitions

§ 14339. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Board."
A pension board created by a city under section 14341(a) (relating to pension board and duties).
"Employed,"
"employed by the city" or "in the employment of any city." The terms include:
(1) Each individual in the service of cities creating a pension fund and a pension board in accordance with this subchapter, who is not, on June 28, 1951, otherwise protected by pensions authorized under this chapter.
(2) A volunteer firefighter who becomes a member of the pension fund.
"Employees." The term includes:
(1) Each individual in the service of cities creating a pension fund and a pension board in accordance with this subchapter, who is not, on June 28, 1951, otherwise protected by pensions authorized under this chapter.
(2) A volunteer firefighter who becomes a member of the pension fund.
(3) Officers and officials of the city, whether elected or appointed.
"Fund." A pension fund created by a city under section 14340(a) (relating to pension for employees other than police or city-paid firefighters).
"Volunteer firefighter." A driver of firefighting apparatus or ambulances, regularly employed and paid by a volunteer fire company rendering services recognized and accepted by a city.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 143 - Pensions › Section 14340 - Pension for employees other than police or city-paid firefighters

§ 14340. Pension for employees other than police or city-paid firefighters.
(a) Nonmembers.--
Cities may create a pension fund for employees who are not members of the police force or city-paid fire department and surviving spouses of retired members if council so elects and the families of employees that are injured or killed in service in the manner, under the conditions and subject to the qualifications set forth in this subchapter.
(b) (Reserved).
Cross References. Section 14340 is referred to in section 14339 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 143 - Pensions › Section 14341 - Pension board and duties

§ 14341. Pension board and duties.
(a) Members.--
Any city which creates a pension fund in accordance with this subchapter shall establish a pension board consisting of the mayor, the city controller, the superintendent of finance, two employees to be chosen by the employees contributing to the pension fund and, if members of council participate in the pension fund and are members of the fund, a member of council chosen by council.
(b) Duties.--
It shall be the duty of the board to register all individuals employed by the city, administer the collections and distribution of the pension fund and make reasonable rules as the board may deem necessary.
Cross References. Section 14341 is referred to in section 14339 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 143 - Pensions › Section 14342 - Retirement age

§ 14342. Retirement age.
In a city which has created a pension fund and board in accordance with this subchapter, an employee 60 years of age or older who has been employed for a period of 20 years or more shall, upon application to the board, be retired from service and shall, subject to qualifications provided in this subchapter during the remainder of the employee's life, receive the pension or compensation fixed by this subchapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 143 - Pensions › Section 14343.1 - Retirement allowances, full coverage and payments

§ 14343.1. Retirement allowances, full coverage and payments.
(a) Allowance.--
If a city has entered into an agreement with the Commonwealth to place certain employees under the Social Security Act (49 Stat. 620, 42 U.S.C. § 301 et seq.), the board may authorize any joint coverage member of the retirement system to elect, according to the provisions of this section, to receive compensation without the reduction provided for in section 14343 (relating to retirement allowance, proof of disability and joint and single coverage members defined), provided that the member shall make a lump-sum payment to the board or installment payments, as may be approved by the board, equal to the difference between the amount of the accumulated fund to the member's credit in the fund as of the last date for which salary or wages was paid and the amount which would have been to the member's credit in the fund if contributions had been made on that portion of the member's salary or wages on which Social Security allowances are payable at the same rate as made on that portion of the member's salary or wages in excess of that on which Social Security allowances are payable, from the time that the salary or wages became subject to Social Security coverage. Election shall be made in writing, in the form prescribed by the board, and shall be accompanied by the lump-sum payment or an agreement as to installment payments.
(b) Election.--
The board may authorize a member to make the election under subsection (a) at any time, and, if made prior to retirement, the member shall, in addition to any lump-sum or installment payments required, pay to the board contributions on the member's entire salary or wages received after the election at the rate provided in this subchapter for monthly salary or wages in excess of that on which Social Security allowances are payable.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 143 - Pensions › Section 14343.2 - Limited vested benefit

§ 14343.2. Limited vested benefit.
(a) Ordinance.--
In accordance with this subchapter, an ordinance creating a fund may provide for a limited vested benefit if it would conform to section 305 of the act of December 18, 1984 (P.L.1005, No.205), known as the Municipal Pension Plan Funding Standard and Recovery Act.
(a.1) Vesting.--
Under a limited vested benefit, if a member of the fund terminates employment before reaching the date which would have been the member's earliest retirement date had the member continued employment by meeting the minimum age and minimum period of continuous service requirements but after having completed 12 years of full-time service, the member shall be entitled to vest the member's retirement benefits subject to the following conditions:
(1) The member must file with the management board of the fund a written notice of the member's intention to vest.
(2) The member must include in the notice the date the member intends to terminate the member's service as an employee.
(3) The termination date shall be at least 30 days later than the date of notice to vest.
(4) The member must be in good standing with the city on the date of notice to vest.
(5) The board shall indicate on the notice to vest the rate of monthly pay of the member as of the date of the notice to vest or the highest average annual salary which the member received during any five years of service preceding the date, whichever is higher.
(b) Collection.--
Upon reaching the date which would have been the member's earliest retirement date had the member continued the member's employment with the city, the member shall notify the board, in writing, that the member desires to collect the member's pension. The amount of retirement benefits the member is entitled to receive under this section shall be computed as follows:
(1) The initial determination of the member's base retirement benefits shall be computed on the salary indicated on the notice to vest.
(2) The portion of the base retirement benefits due the member shall be determined by applying to the base amount the percentage that the member's years of service actually rendered bears to the years of service which would have been rendered had the member continued to be employed by the city until the member's earliest retirement date.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 143 - Pensions › Section 14344 - Amount of payments into fund and repayment before retirement

§ 14344. Amount of payments into fund and repayment before retirement.
The employees of any city creating a fund and board in accordance with this subchapter shall pay monthly to the board an amount equal to 2% of their monthly salaries or wages and, if council elects by ordinance to make payments, an additional amount not to exceed 1% if deemed necessary by council to provide sufficient funds for payments to the surviving spouses of members who were retired on pension or killed in service, which shall be applied to the purposes of the fund. Payment of the monthly amount or contribution under this section shall cease and be discontinued at the time the beneficiary receives their pension. If, for any cause, an employee contributing to the fund ceases to be an employee of the city before the employee becomes entitled to a pension, the total amount of the contributions paid into the fund by the employee shall be refunded to the employee in full, without interest. If an employer returns to the employee the amount contributed and reenters the employ of the city, the employee shall not be entitled to the pension designated until 20 years after reemployment, unless the employee shall return to the fund the amount withdrawn, in which event that period of 20 years shall be computed from the time the employee first enters the service of the city. In the event of the death of an employee before the employee becomes entitled to the pension, the total amount of contributions paid into the fund by the employee shall be paid over to the estate of the deceased employee.
Cross References. Section 14344 is referred to in section 14344.1 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 143 - Pensions › Section 14344.1 - Determination of liability upon extension of Social Security

§ 14344.1. Determination of liability upon extension of Social Security.
(a) Determination.--
If a city has entered into an agreement with the Commonwealth to place its employees under the Social Security Act (49 Stat. 620, 42 U.S.C § 301 et seq.), the board shall appoint an actuary and may fix the employee's compensation. The actuary shall determine the present value of the liability on account of pensions payable under the provisions of section 14343 (relating to retirement allowance, proof of disability and joint and single coverage members defined) to employees who are members of the system on the effective date of the agreement and shall offset the value of any assets in the fund to determine the unfunded liability. The city may make payments toward the unfunded liability until the accumulated reserve equals the present value of the liability. The actuary shall also determine the amount which shall be contributed annually into the fund on account of service of all new and original members subsequent to the effective date of the agreement.
(b) Contribution.--
Employees shall pay into the board, monthly, an amount equal to 3.5% of that portion of monthly compensation on which Social Security allowances are payable and 5% of any monthly compensation in excess of that on which Social Security allowances are payable. The remainder of the needed annual contribution for service subsequent to the date of the agreement, as determined by the actuary, shall become the obligation of the city and shall be paid by it to the board by annual appropriations. The provisions of this section shall, in all applicable cases, supersede the provisions relating to contributions in sections 14344 (relating to amount of payments into fund and repayment before retirement) and 14348 (relating to appropriations and contributions to fund).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 143 - Pensions › Section 14345 - Payments by laborers optional

§ 14345. Payments by laborers optional.
Any individual holding a position in a city as a laborer at a per diem wage shall not be compelled to pay or contribute toward the fund but shall have the option of so doing and, in that event only, of becoming entitled to the pension provided for under this subchapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 143 - Pensions › Section 14346 - Heads of departments to certify list of employees

§ 14346. Heads of departments to certify list of employees.
The head of every department and office employing individuals entitled to receive a pension shall certify to the board all employees so employed and the amount of salary or wages which is paid to employees, together with dismissals, resignations or terminations of service, and, from office or department records, furnish other relevant information as the board requires. In the case of a volunteer fire company, "head of department or office" shall mean the president or secretary of the board of trustees of the volunteer fire company.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 143 - Pensions › Section 14347 - Receipt, investment and payment of funds

§ 14347. Receipt, investment and payment of funds.
When deemed advisable, it shall be the duty of the board to receive, retain and invest the funds payable in accordance with the provisions of this subchapter and pay over, by warrant or check, the amount due to employees.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 143 - Pensions › Section 14348 - Appropriations and contributions to fund

§ 14348. Appropriations and contributions to fund.
Council may annually set aside, apportion and appropriate, out of all taxes and income of the city, to the board a sum sufficient to maintain the pensions or compensations due on account of the city contributions for all employees, except volunteer firefighters. The board of trustees of the volunteer fire company employing and paying members shall annually contribute to the board a sum equal to the same percentage of its participating payroll as the amount contributed by the city for the same year bears to its participating payroll for each volunteer firefighter member becoming a member of the fund.
Cross References. Section 14348 is referred to in section 14344.1 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 143 - Pensions › Section 14349 - Application

§ 14349. Application.
(a) Applicability.--
The benefits provided for by this subchapter shall apply to all individuals employed in any capacity or holding positions in or, in the case of a volunteer firefighter, rendering services recognized and accepted by a city creating a fund and board in accordance with provisions of this subchapter. This subchapter shall not apply to employees of departments, bureaus or offices which are otherwise protected by pensions authorized by this chapter.
(b) Membership.--
Any volunteer firefighter may become a member of a fund as of the date of the volunteer firefighter's original employment or of the inception of the fund, whichever is later, upon the volunteer firefighter making back contributions and if the volunteer fire company or its board of trustees employing and paying the volunteer firefighter agrees to contribute and contributes to the fund the required sums.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 143 - Pensions › Section 14353 - Beneficiaries of fund not to be employed by city

§ 14353. Beneficiaries of fund not to be employed by city.
No individual who becomes a beneficiary shall be employed by the city in any capacity. Subject to the provisions of section 14361 (relating to right to a pension if salary refused), nothing in this section shall be construed to prohibit an individual who becomes a beneficiary from serving in an elective city office.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 143 - Pensions › Section 14361 - Right to a pension if salary refused

§ 14361. Right to a pension if salary refused.
In a city governed by the provisions of this part, the act of July 15, 1957 (P.L.901, No.399), known as the Optional Third Class City Charter Law, or 53 Pa.C.S. Pt. III Subpt. E (relating to home rule and optional plan government), a beneficiary serving in an elective city office shall not be prohibited from receiving a pension for any month in which the beneficiary does not accept a salary from serving in the elective office.
Cross References. Section 14361 is referred to in section 14353 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 144 - Civil Service › Extra - Chapter Notes

Enactment.
Chapter 144 was added November 24, 2015, P.L.242, No.67, effective in 60 days.
Enactment.
Chapter 144A was added November 24, 2015, P.L.242, No.67, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 144 - Civil Service › Section 14401 - Examinations required of all appointees

§ 14401. Examinations required of all appointees.
No individual may be appointed to any uniformed position in the police or fire department, excluding chiefs, unless all of the following apply:
(1) The individual passed all examinations as provided for under this chapter.
(2) The individual was appointed in the manner and according to the terms, provisions and conditions of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 144 - Civil Service › Section 14402 - Appointment of civil service board

§ 14402. Appointment of civil service board.
Cities shall establish a civil service board that shall provide for and oversee the examination of applicants for appointment and promotion to any position in the police or fire department. Council shall appoint three city residents to the board who shall serve four-year terms or until their successors are appointed and qualified, except for the initial appointment of board members as provided for in section 14403 (relating to civil service board and quorum). Any individual who is a registered elector of the city may be appointed to the board. No city officer, official or employee shall be eligible for appointment to the civil service board.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 144 - Civil Service › Section 14402.1 - Existing civil service positions

§ 14402.1. Existing civil service positions.
All nonuniformed employees in city positions that were subject to civil service regulation immediately prior to May 19, 2014, shall continue to be subject to civil service regulation otherwise provided in this chapter for uniformed employees with regard to the nonuniformed positions.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 144 - Civil Service › Section 14403 - Civil service board and quorum

§ 14403. Civil service board and quorum.
(a) Terms.--
In a city in which the civil service board is first established, terms of members of the board shall be staggered. Council shall initially appoint to the board one individual to serve for two years, one individual to serve for three years and one individual to serve for four years.
(b) Vacancies.--
Upon the expiration of the term of any member, a successor shall be appointed by council to serve on the civil service board for a term of four years. If any vacancies occur, they shall be filled by council for the unexpired term. Before entering upon the duties of office, each member shall take and subscribe to the oath of office prescribed by 53 Pa.C.S. § 1141 (relating to form of oaths of office) and file the oath, duly certified by the officer administering it, with the city administrator or, in cities without a city administrator, the city clerk.
(c) Compensation.--
No salary or other compensation shall be paid to any member of the civil service board.
(d) Quorum.--
Two members of the civil service board shall constitute a quorum necessary for the transaction of business of the board.
(e) Organization.--
The civil service board shall organize for the purpose of transacting all business immediately after the first appointments and as new appointments to the board are made. After organizing, the board shall elect one of its members as chairperson and one member as secretary.
Cross References. Section 14403 is referred to in section 14402 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 144 - Civil Service › Section 14403.1 - Alternate board members

§ 14403.1. Alternate board members.
Council may appoint not more than three qualified electors of the city to serve as alternate members of the civil service board. The term of office of the alternate members shall be four years. If, by reason of absence or disqualification of a member, a quorum is not reached, the chairperson shall designate as many alternate members of the board to sit on the board as may be needed to provide a quorum. When seated pursuant to this section, an alternate shall be entitled to participate in all proceedings and discussions of the board to the extent as provided by law for board members, including the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in this chapter and as otherwise provided by law. Any alternate member of the board shall continue to serve on the board in all proceedings involving the matter or case for which the alternate was initially designated until the board has made a final determination of the matter or case. Designation of an alternate pursuant to this section shall be made on a case-by-case basis in rotation according to declining seniority among all alternates. Alternates shall hold no other office in the city. Any alternate may participate in any proceeding or discussion of the board but shall not be entitled to vote as a member of the board unless designated as a voting alternate member pursuant to this section.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 144 - Civil Service › Section 14403.2 - Investigations and subpoenas

§ 14403.2. Investigations and subpoenas.
(a) Investigations.--
The civil service board shall have the power to conduct investigations concerning all matters relating to the administration and enforcement of its rules and regulations. The chairperson shall be authorized to administer oaths and affirmations for witnesses testifying in matters before the board.
(b) Subpoenas.--
The civil service board shall have the power to issue subpoenas over the signature of the chairperson or designee and to require the attendance of witnesses and the production of records and papers pertaining to matters before the board, including any background investigation conducted pursuant to any applicable rules and regulations.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 144 - Civil Service › Section 14404 - Rules, regulations and examinations

§ 14404. Rules, regulations and examinations.
(a) Duties.--
The civil service board shall have the power and its duty shall be to prepare and adopt rules and regulations, subject to approval by council, which, in the board's discretion, secure and maintain the best service for the public for the selection, appointment and promotion of individuals who are qualified to perform the work which is the subject of the civil service examination as provided in this chapter and who are to be employed, appointed or promoted by the city. The rules and regulations adopted by the board shall provide for ascertaining and determining, so far as possible, the knowledge, skills, aptitude, mental and physical abilities, experience, education and character of all applicants as these criteria would reasonably apply to the respective positions. The rules and regulations shall also provide for examinations upon any and all subjects deemed proper or necessary by the board for the purpose of determining the qualifications of applicants for the respective positions sought and for which application is made.
(b) Subjects.--
The civil service board shall, in accordance with this part, adopt rules and regulations concerning the following matters:
(1) minutes of proceedings;
(2) rules of procedure;
(3) records of examinations;
(4) annual report to council;
(5) notice of rules and regulations and any amendments or repeals to rules and regulations;
(6) application forms;
(7) further provisions concerning the duties of the chairperson and secretary;
(8) appointment of examiners; and
(9) other administrative matters.
Cross References. Section 14404 is referred to in section 14410 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 144 - Civil Service › Section 14405.1 - Veterans' preference

§ 14405.1. Veterans' preference.
In accordance with 51 Pa.C.S. Ch. 71 (relating to veterans' preference), the following shall apply to the appointment of a uniformed civil service position:
(1) A veteran who meets the qualifications for and conditions of the position under uniform eligibility rules, which include successful passage of an examination, shall receive an additional 10 points on the examination pursuant to 51 Pa.C.S. § 7103(a) (relating to additional points in grading civil service examinations).
(2) If, after the additional 10 points are granted, a veteran is on the list of three eligible applicants, the veteran shall receive a preference in hiring over nonveterans on that list.
(3) The preference provided by this section shall constitute the only preference with regard to a uniformed civil service position to which a veteran is entitled under this chapter.