reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 49 - CONTRACT COMPLIANCE › COMPLIANCE REVIEW › Section 49.62 - Notice of noncompliance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If
					 efforts to secure compliance with this chapter or with the contract
					 nondiscrimination clause through conciliation and persuasion have failed or if
					 the agency contract compliance officer finds that the contractor has not made
					 the requisite good faith effort to meet its commitments made under §
											49.37 (relating to notifying
					 contractor), the agency contract compliance officer shall issue a notice of
					 noncompliance to the contractor giving it 30 days after receipt of that notice
					 to show cause why the imposition of sanctions under this chapter should not be
					 instituted. The notice shall set forth the specific deficiencies which
					 constitute the basis of the asserted noncompliance.
(b) During the show-cause period of 30 days,
					 the agency contract compliance officer shall continue, through conciliation,
					 mediation and persuasion, to resolve the deficiencies which led to the
					 determination of noncompliance.
(c)
					 If the contractor is unable to show good cause for its failure to resolve the
					 deficiencies, the Commonwealth contracting agency or the Commission shall issue
					 a notice of proposed imposition of sanctions. The notice shall constitute an
					 order to show cause within the meaning of 1 Pa. Code §
											35.14 (relating to orders to show
					 cause). The contractor shall be entitled to all of the rights provided by
					 2
					 Pa.C.S. §§
												501-508 and
					 701-704 (relating to
					 practice and procedure of Commonwealth agencies and judicial review of
					 Commonwealth agency action) and the regulations promulgated thereunder with
					 respect to hearing and appeals. If a request for hearing is not made within the
					 time provided by law, the sanctions described in the notice shall be
					 immediately imposed unless compliance is obtained by agreement.
This section cited in 16 Pa. Code §
													49.17 (relating to order of
						  imposition of sanctions); 16 Pa. Code §
													49.51 (relating to purpose); and
						  16 Pa. Code §
													49.64 (relating to certified
						  examiners).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 49 - CONTRACT COMPLIANCE › COMPLIANCE REVIEW › Section 49.63 - Determination of compliance status

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission, acting through the Director of Contract
						Compliance, may assume sole responsibility for the determination of the
						compliance status of a contractor at any stage of the compliance procedure. A
						hearing held by the Commission under the provisions of this chapter shall be
						conducted by a hearing examiner.
This section cited in 16 Pa. Code §
													49.71 (relating to
						  generally).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 49 - CONTRACT COMPLIANCE › COMPLIANCE REVIEW › Section 49.64 - Certified examiners

Current through Register Vol. 54, No. 28, July 13, 2024
No hearing may be held under §
											49.62(c)
						(relating to notice of noncompliance) by a hearing examiner not certified as
						qualified by the Attorney General under §
											49.15 (relating to hearing
						examiners).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 49 - CONTRACT COMPLIANCE › COMPLIANCE REVIEW › Section 49.65 - Investigation of complaints

Current through Register Vol. 54, No. 28, July 13, 2024
The agency contract compliance officer shall forward any
						formal complaints alleging discrimination addressed to him by employes or
						applicants for employment of a State contractor, to the Commission for
						investigation under §
											49.18 (relating to complaints by
						employes).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 49 - CONTRACT COMPLIANCE › COMPLIANCE REVIEW › Section 49.66 - Notice

Current through Register Vol. 54, No. 28, July 13, 2024
Two copies of notices of compliance, noncompliance or
						proposed imposition of sanctions shall be sent to the Director of Contract
						Compliance when the notices are forwarded to a contractor.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 49 - CONTRACT COMPLIANCE › SANCTIONS › Section 49.71 - Generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In accordance
					 with the rules, regulations or orders that the Commission may issue or adopt,
					 the agency or the Commission may, after hearing and adjudication, impose one or
					 more of the sanctions enumerated in subsection (b) as appropriate, to attain
					 full and effective enforcement. If the Commission assumes responsibility for
					 compliance review under §
											49.63 (relating to determination
					 of compliance status) the Commission may, after hearing and adjudication, order
					 the imposition of appropriate sanctions and require the Commonwealth
					 contracting agency to implement the sanctions.
(b) The Commission or agency may proceed as
					 follows:
(1) Publish or cause to be published
					 the names of contractors and labor unions which it has determined have complied
					 or have failed to comply with the provisions of this chapter or with rules,
					 regulations and orders of the Commission or the Agency.
(2) Recommend to the Attorney General that,
					 in cases where there is substantial or material violation of this chapter, or
					 the contract nondiscrimination clause, appropriate proceedings be brought to
					 enforce such provisions, including the enjoining, within the limitations of
					 applicable law, of organizations, individuals, or groups who prevent directly
					 or indirectly, compliance with provisions of this chapter.
(3) Recommend to the appropriate law
					 enforcement official that criminal proceedings be brought for willfully
					 furnishing false information to any state contracting agency or the Commission,
					 as the case may be.
(4) Provide for
					 the fixed-period suspension of the remaining obligations under the contract
					 pending compliance by the contractor with this chapter and the termination of
					 the remaining obligations under the contract; provided that the failure of the
					 contractor to comply with the adjudication within the fixed period stated in
					 the order (but not fewer than 30 days) shall be considered a material breach
					 and shall give the Commonwealth the right to bring an action against the
					 contractor and the surety on the contractor's bond to recover expenses incurred
					 in reletting the contract, delay in performance, or other verifiable
					 damages.
(5) Provide that a
					 Commonwealth contracting agency shall refrain from entering into further State
					 contracts or extensions, or other modifications of existing contracts with a
					 noncomplying State contractor and that a State contracting agency which
					 requires prequalification of bidders shall revoke the qualification of a
					 noncomplying State contractor until the contractor has satisfied the agency or
					 the Commission that it has established and shall carry out personnel and
					 employment policies in compliance with this chapter.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 51 - DISCRIMINATION WITH RESPECT TO ABORTION AND STERILIZATION › GENERAL PROVISIONS › Section 51.1 - Purpose and policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The purpose
					 of this chapter is to assist persons and institutions subject to the provisions
					 of section 5.2 of the act (43 P. S. §
												955.2) to comply with the act of October 10,
					 1973 (P. L. 278, No. 78) (43 P. S. §§
												955.2 and
					 961) prohibiting
					 discrimination with respect to abortion and sterilization. This chapter will
					 show what courses of conduct are considered by the Commission to be in
					 violation of the act. Persons and institutions subject to the provisions of the
					 act should govern themselves accordingly.
(b) It is the policy of the Commission, under
					 the provisions of the 1973 amendment to the act, to prevent and eliminate
					 discrimination based upon refusal or willingness to participate in abortion or
					 sterilization procedures, consistent with the obligation of hospitals and other
					 health care facilities to provide competent medical care.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 51 - DISCRIMINATION WITH RESPECT TO ABORTION AND STERILIZATION › RIGHTS AND OBLIGATIONS OF HOSPITALS AND OTHER HEALTH CARE FACILITIES › Section 51.32 - Objection to performance of abortion or sterilization by nonpublic hospitals or other nonpublic health care facilities on moral, religious or professional grounds

Current through Register Vol. 54, No. 28, July 13, 2024
Under the provisions of section 5.2(b)(1) of the act
						(43
						P. S. §
												955.2(b)(1)),
						and of Opinion No. 75-16 of the Attorney General, appearing at 5 Pa.B. 1383,
						any nonpublic hospital or other nonpublic health care facility which objects to
						the performance of abortion or sterilization procedures on moral, religious, or
						professional grounds and which, as a result, refuses to perform or permit the
						performance of abortion or sterilization procedures in such institution shall
						not be subject to the imposition of penalties; disciplinary action; or denial
						or limitation of public funds, licenses, certifications, degrees, or other
						approvals or documents of qualification under the provisions of the act. The
						objections of a nonpublic institution to the performance of abortion or
						sterilization procedures in its facilities on such grounds shall be clearly set
						forth in writing and may be contained within the stated ethical policy of such
						institution, in its articles of incorporation, by-laws, deed of trust, or
						official resolution of the board of directors or other governing body of a
						nonpublic hospital or other nonpublic health care facility, and such objections
						shall comply with the requirements as set forth in §
											51.31 (relating to adoption and
						substance of stated ethical policy). When such objections are so stated, they
						shall be reprinted and made known to all persons employed by or participating
						in medical or other services provided by such institution and shall be made
						freely available and conspicuously posted for public
						inspection.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 51 - DISCRIMINATION WITH RESPECT TO ABORTION AND STERILIZATION › RIGHTS AND OBLIGATIONS OF HOSPITALS AND OTHER HEALTH CARE FACILITIES › Section 51.33 - Statement or other manifestation of attitude with respect to abortion or sterilization

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Any
					 hospital or other health care facility which makes a statement, sets forth a
					 position, or otherwise demonstrates a manifestation of attitude with respect to
					 abortion or sterilization, as set forth in section 955.2(b)(1) of the act
					 (43
					 P. S. §
												955.2(b)(1))
					 shall not be subject to the imposition of penalties or disciplinary action or
					 the denial or limitation of public funds, licenses, certifications, degrees, or
					 other approvals or documents of qualification as a result of such statement,
					 position or other manifestation of attitude. Such statement or other
					 manifestation of attitude with respect to abortion or sterilization may express
					 a willingness or an objection to the performance of abortion or sterilization
					 procedures, except that no public hospital or other public health care facility
					 may make such a statement or other manifestation of attitude objecting to or
					 prohibiting upon its premises the performance of sterilization procedures or
					 the performance of abortion procedures prior to the last trimester of
					 pregnancy.
(b) A manifestation of
					 attitude by a hospital or a health care facility shall include, but shall not
					 be limited to, any official or unofficial policy of such institution with
					 respect to abortion or sterilization, any course of conduct in which such
					 institution or its administration have engaged subsequent to January 22, 1973,
					 or the adoption or initiation of any procedure which contemplates or
					 implements, as a general policy, the performance or refusal to perform abortion
					 or sterilization procedures in such institution.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 51 - DISCRIMINATION WITH RESPECT TO ABORTION AND STERILIZATION › RIGHTS AND OBLIGATIONS OF INDIVIDUALS › Section 51.42 - Willingness or refusal to perform or participate in abortion or sterilization procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Pursuant to section 5.2(b)(2) of the act (43 P. S. §
												955.2(b)(2)), no physician,
					 nurse or staff member of a hospital or other health care facility who expresses
					 a willingness to participate in the performance of abortion or sterilization
					 procedures; who expresses a refusal to participate in the performance of such
					 procedures based upon objection thereto on moral, religious or professional
					 grounds; or who makes a statement or otherwise manifests any attitude with
					 respect to abortion or sterilization shall be subject to any penalties;
					 disciplinary action; denial; or limitation of public funds, licenses,
					 certifications, degrees or other approvals or documents of qualification by
					 reason of such willingness or refusal or statement or manifestation of
					 attitude, except where such willingness, refusal, objection, statement or
					 manifestation of attitude constitutes an overt act which disrupts hospital
					 procedures, operations, or services or which endangers the health or safety of
					 any patient.
(b) Individuals
					 performing or participating in abortion or sterilization procedures are those
					 physicians, nurses, staff members or employes of a hospital or other health
					 care facility who are directly involved in such a procedure and are in
					 attendance at the time when and in the room where the procedure takes place and
					 without whose services the procedure itself could not be performed.
(c) For the purposes of sections 5.2(b)(2)
					 and (3) of the act (43 P. S. §
												955.2(b)(2) and
					 (3)), a statement or other manifestation of
					 attitude includes, but is not limited to, any written or oral statement and any
					 course of conduct in which such person has engaged subsequent to January 22,
					 1973 which clearly and openly reflects or expresses the attitude of such person
					 with respect to abortion or sterilization including, as an expression of
					 attitude, the fact that such person has undergone an abortion or sterilization
					 procedure.
This section cited in 16 Pa. Code §
													51.44 (relating to reasonable
						  accommodation to rights of
						  employes).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 51 - DISCRIMINATION WITH RESPECT TO ABORTION AND STERILIZATION › RIGHTS AND OBLIGATIONS OF INDIVIDUALS › Section 51.43 - Other protections afforded individuals in employment and education

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Section
					 5.2(b)(3) of the act (43 P. S. §
												955.2(b)(3)) provides
					 certain protections in the areas of employment and education and is applicable
					 to the employment practices of hospitals and health care facilities as well as
					 such practices of any "public or private agency, institution or person,
					 including a medical, nursing or other school." Under this section, it is
					 unlawful to deny admission to, impose any burdens in terms or conditions of
					 employment upon, or otherwise discriminate against any applicant for admission
					 or any student or employe who expresses a willingness to participate in the
					 performance of abortion or sterilization procedures, who expresses a refusal to
					 participate in the performance of such procedures based upon objection thereto
					 on moral, religious, or professional grounds, or who makes a statement or
					 otherwise manifests any attitude with respect to abortion or sterilization,
					 except where such willingness, refusal, objection, statement or manifestation
					 of attitude constitutes an overt act which disrupts hospital procedures,
					 operations or service or which endangers the health or safety of any
					 patient.
(b) Nothing in this
					 section shall be taken to permit a student or employe either to refuse to
					 participate in an emergency surgical procedure which involves an inevitable
					 abortion or to refuse to complete his participation in any surgical procedure
					 once he has voluntarily undertaken it without knowing it would involve a
					 procedure to which he is opposed on moral, religious or professional
					 grounds.
This section cited in 16 Pa. Code §
													51.44 (relating to reasonable
						  accommodations to rights of
						  employes).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 51 - DISCRIMINATION WITH RESPECT TO ABORTION AND STERILIZATION › EXEMPTIONS BECAUSE OF BONA FIDE OCCUPATIONAL QUALIFICATIONS › Section 51.51 - Supplementary interpretation regarding bona fide occupational qualification standards

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 public hospital or public health care facility and all other medical facilities
					 which elect to provide abortion or sterilization services have the duty to
					 employ and assign sufficient numbers of medical and other staff persons and
					 provide the necessary equipment and facilities to offer the services on a
					 medically-safe and professional basis. It is imperative that the institutions
					 obtain the services of responsible physicians and other necessary personnel
					 whose personal views on abortion do not prohibit them from providing or
					 participating in abortions or sterilizations.
(b) When an institution is unable to provide
					 sufficient numbers of physicians, nurses, staff members and other employes to
					 provide abortion or sterilization services due to the objection of staff
					 members, the institution shall request from the Commission a supplementary
					 interpretation regarding bona fide occupational qualification standards for the
					 position in question, to be operative during the period of time when the
					 institution is attempting to employ sufficient numbers of staff people to
					 provide the medical services.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 51 - DISCRIMINATION WITH RESPECT TO ABORTION AND STERILIZATION › EXEMPTIONS BECAUSE OF BONA FIDE OCCUPATIONAL QUALIFICATIONS › Section 51.52 - Securing supplementary interpretations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Applications for the issuance of a
					 supplementary interpretation are governed by the provisions of §§
											41.71-41.73 (relating to bona fide
					 occupational qualifications). The applications shall be in writing and directed
					 to the Executive Director of the Commission, setting forth the jobs involved by
					 title, duties and numbers of positions. Applications shall include a
					 demonstration of why the applicant believes that an adequate number of present
					 employes are not available to perform the jobs or services for which the
					 interpretation is requested. The applicant may make appropriate references to
					 guidelines, regulations, decisions or court opinions and may include other
					 appropriate supportive materials.
(b) If the Commission grants a supplementary
					 interpretation to a hospital or other health care facility, the institution
					 shall be permitted to make a preemployment inquiry with regard to the
					 willingness of an applicant for employment to perform or otherwise participate
					 in the performance of abortion or sterilization procedures and services related
					 thereto, for the purpose of utilizing the information in its selection
					 procedures.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 51 - DISCRIMINATION WITH RESPECT TO ABORTION AND STERILIZATION › EXEMPTIONS › Section 51.61 - Exemption for certain clinics and health care facilities

Current through Register Vol. 54, No. 28, July 13, 2024
The requirements of section 5.2(b)(3) of the act
						(43
						P. S. §
												955.2(b)(3)) do
						not apply to the employment practices of a health care facility operated
						exclusively for the performance of abortion or sterilization or directly
						related procedures or to a separate clinic of a health care facility for the
						performance of abortion or sterilization or directly related
						procedures.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part III - Municipal Retirement Board › Chapter 81 - GENERAL PROVISIONS › Section 81.2 - Applicability of regulations

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter and Chapters 83 and 91 (relating to municipal
				  employes) shall be equally applicable under all articles of the
				  law.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part III - Municipal Retirement Board › Chapter 81 - GENERAL PROVISIONS › Section 81.3 - General powers of the Board

Current through Register Vol. 54, No. 28, July 13, 2024
The Board will act as an independent administrative board
				  with all of the powers specified in section 104 of the law (53 P. S. §
										881.104).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part III - Municipal Retirement Board › Chapter 81 - GENERAL PROVISIONS › Section 81.4 - Actuarial investigation, tables and rates

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Board adopted actuarial assumptions and
				tables shall be a part of and applied consistently to all System administered
				plans.
(b) In the preparation of
				actuarial studies intended to be used for the possible enrollment of plans into
				the System, the same actuarial assumptions and tables shall be used as are
				applied to existing, enrolled plans.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part III - Municipal Retirement Board › Chapter 81 - GENERAL PROVISIONS › Section 81.7 - Retirement funds and accounts

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				Board will consolidate for investment purposes the assets of the various plans.
				The Board will account separately for each plan's assets in a municipal account
				and each individual active member, inactive member and vested member's assets
				in a member's account. The Board maintains pooled accounts for retired members
				(the Retired Members' Reserve Account) and for the funding of disability
				benefits (the disability reserve).
(b) When a municipality withdraws the
				administration of its plan from the System, the municipality shall only be
				entitled to the assets credited to the plan's municipal account and the plan's
				members' accounts in accordance with the provisions of the law. Assets that are
				actuarially determined by the Board's actuary to be matched to a withdrawing
				plan's retired members as of the effective date of withdrawal will also be
				returned to the plan in accordance with the law provided there are sufficient
				funds in the retired member's reserve account to meet the actuarially
				determined liability of all retired members of the System, as of the date of
				withdrawal; otherwise payment shall be on a prorated basis.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part III - Municipal Retirement Board › Chapter 81 - GENERAL PROVISIONS › Section 81.9 - Management and investment of Fund; interest credits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board will have the exclusive
				responsibility to manage the Fund with full power to invest the moneys therein,
				subject to the terms, conditions, limitations and restrictions imposed by law
				upon fiduciaries. The assets of the Fund shall be held in trust. No part of the
				assets of the Fund will be used for or diverted to purposes other than for the
				exclusive benefit of the members, their spouses or the member's beneficiaries
				prior to the satisfaction of all liabilities of the Fund with respect to them,
				provided that the Fund shall be used to pay reasonable administrative expenses
				of the System.
(b) The Board may
				take action necessary and appropriate to facilitate the purchase, sale and
				custody of Fund assets.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part III - Municipal Retirement Board › Chapter 81 - GENERAL PROVISIONS › Section 81.10 - Withdrawal provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A plan
				withdrawal by a municipality shall comply with section 412 of the law
				(53
				P. S. §
										881.412).
(b) A plan withdrawing from the System that
				has retired members shall provide to the Board as a part of the withdrawal
				application an acknowledgment of the plan sponsor to assume responsibility for
				the providing of all future benefit payments for the existing retired members
				and beneficiaries effective with the withdrawal.
(c) Prior to the Board's approval of a
				withdrawal under section 412 of the law, the Board may require:
(1) The withdrawing municipality to enter
				into a written agreement with the Board which would terminate its contractual
				relationship with the Board and fix the respective rights of the
				parties.
(2) The withdrawing
				municipality to obtain individual waivers or releases from affected members,
				who will no longer be eligible for benefits from the System for service
				rendered to the withdrawing municipality.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part III - Municipal Retirement Board › Chapter 81 - GENERAL PROVISIONS › Section 81.11 - Contract provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Plans
				enrolling or improving plan benefits under Article IV of the law (53 P.S.
				§§
										81.401-81.413) may not provide
				benefits in excess of or provide for member contribution rates less than those
				available to a municipality or a municipality's class of employes under
				existing law, including laws applicable to the establishment of pension
				plans.
(b) Plan improvements shall
				be determined on a total plan basis and not on a benefit-by-benefit comparison
				nor on an individual-by-individual comparison. An individual's accrued benefit
				may not be diminished by the implementation of an improved benefit plan
				contract.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part III - Municipal Retirement Board › Chapter 83 - MUNICIPAL EMPLOYES › Section 83.3 - Compulsory and optional membership

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Each municipality shall determine, subject to review and approval by the Board,
				the eligibility of its employes for membership in the System.
(b) If membership in a plan is optional, the
				municipality shall advise affected employes of the option and, within 1 year
				after the optional membership is available to the employe, the employe shall
				exercise the option or indicate in writing that membership in the plan is not
				elected. The action is irrevocable during the period of the continuous service
				of the employe.
(c) Each
				municipality shall supply the Board with its rules regarding a probationary
				period for plan membership and the period shall be uniform for all employes. An
				employe in the probationary status, if subsequently enrolled as a member may
				not be eligible for service credit for the time served in the probationary
				period.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part III - Municipal Retirement Board › Chapter 83 - MUNICIPAL EMPLOYES › Section 83.6 - Contributions by members

Current through Register Vol. 54, No. 28, July 13, 2024
Contributions required to be made by a member may not be paid
				  by the municipality under any circumstances other than the provisions of
				  section 414(h)(2) of the Internal Revenue Code (26 U.S.C.A. §
										414(h)(2)). If an employe is
				  simultaneously employed by more than one municipality or in positions that make
				  the individual eligible for membership in more than one plan, the member shall
				  receive credit for concurrent service for each plan and the member's
				  compensation for each plan shall be considered separately for benefit
				  purposes.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part III - Municipal Retirement Board › Chapter 83 - MUNICIPAL EMPLOYES › Section 83.7 - Purchase requirements for previous service

Current through Register Vol. 54, No. 28, July 13, 2024
A former contributor who has withdrawn total accumulated
				  deductions may, upon a subsequent return to service, restore to the Fund those
				  accumulated deductions representing that member's previous service and continue
				  accruing service credits for service rendered subsequent to the return to
				  service, provided the member pays the amount due thereon plus regular interest
				  up to the date of purchase in a lump sum within 30 days after billing, or
				  through salary deductions amortized with regular interest through a repayment
				  period of not more than 5 years, provided that regular interest is charged
				  through the repayment period chosen by the member and approved by the
				  Board.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part III - Municipal Retirement Board › Chapter 83 - MUNICIPAL EMPLOYES › Section 83.11 - Options on superannuation or early retirement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Once a member has filed an application
				for a benefit, and the member has received and cashed the first benefit payment
				check, the selected retirement benefit option of the member shall be
				irrevocable unless the retired member returns to active service to the plan
				from which the member retired. Only the member may change a benefit
				option.
(b) A plan enrolled in the
				system may not allow for the present value of a living member's benefit to be
				paid in one lump sum. The municipal portion of the annuity payment shall be
				paid in a monthly annuity payment option.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part III - Municipal Retirement Board › Chapter 83 - MUNICIPAL EMPLOYES › Section 83.12 - Disability retirement

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Disability applications shall be accompanied by medical documentation on forms
				supplied by the Board to enable the Board's medical examiners to review and
				determine whether the applicant is medically disabled and prohibited from
				engaging in a gainful occupation.
(b) The Board may require the earnings
				reports as it deems necessary to insure that a disability annuitant is unable
				to engage in a gainful occupation.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part III - Municipal Retirement Board › Chapter 83 - MUNICIPAL EMPLOYES › Section 83.15 - Procedures for amending contracts

Current through Register Vol. 54, No. 28, July 13, 2024
Upon application, a municipality may upgrade its benefits
				  under Article II of the law (53 P. S. §§
										881.201-881.215) by entering into a contract
				  with the Board under the benefit provisions available under Article IV of the
				  law (53 P. S. §§
										881.401-881.413). The Board will not, and the
				  municipality may not, enter into a contract which decreases benefits or which
				  provides benefits in excess of that available under the law or another existing
				  law pertaining to that class of municipality. A plan to upgrade benefits shall,
				  prior to its approval, be determined by the actuary to be actuarially sound.
				  Additional costs or benefit increases shall be the responsibility of the
				  municipality and its member employes based upon the benefit plan selected and
				  approved by the Board.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part III - Municipal Retirement Board › Chapter 91 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Section 91.1 - Applicability of general rules

Current through Register Vol. 54, No. 28, July 13, 2024
Under 1 Pa. Code §
									31.1 (relating to scope of part),
				  1 Pa. Code Part II (relating to general rules of administrative practice and
				  procedure), applies to the activities of and proceedings before the
				  Board.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part IV - Public Employee Retirement Commission › Chapter 203 - ACTUARIAL AND FINANCIAL REPORTS ON MUNICIPAL EMPLOYE PENSION SYSTEMS › Section 203.1 - Municipalities required to file actuarial valuation reports with the Commission

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Distribution of reporting forms.
(1) A municipality shall complete and file
				with the Commission Form PC-200, Act 205 Questionnaire and Reporting Form
				Request. The chief administrative officer of the municipality shall certify on
				Form PC-200 the pension coverage provided by the municipality for each
				potential category of municipal employe: police, paid firefighter and
				nonuniformed employe. If, for a category of employe, the chief administrative
				officer of the municipality certifies that no pension coverage is provided, no
				further reporting applicable to that category of employe is required.
(2) On the basis of the information obtained
				from Form PC-200, the Commission will send the applicable reporting forms to
				the municipality for use in preparing an actuarial valuation report on the
				employe pension plans established and maintained by the municipality.
(3) The reporting forms shall include the
				following:
(i) Form PC-201A-Actuarial
				Valuation Report: Police Pension Plan Without Defined Benefits.
(ii) Form PC-202A-Actuarial Valuation Report:
				Fire Pension Plan Without Defined Benefits.
(iii) Form PC-203A-Actuarial Valuation
				Report: Nonuniformed Pension Plan Without Defined Benefits.
(iv) Form PC-201B-Actuarial Valuation Report:
				Police Pension Plan With Fully Insured Defined Benefits.
(v) Form PC-202B-Actuarial Valuation Report:
				Fire Pension Plan With Fully Insured Defined Benefits.
(vi) Form PC-203B-Actuarial Valuation Report:
				Nonuniformed Pension Plan With Fully Insured Defined Benefits.
(vii) Form PC-201C-Actuarial Valuation
				Report: Police Pension Plan With Defined Benefits.
(viii) Form PC-202C-Actuarial Valuation
				Report: Fire Pension Plan With Defined Benefits.
(ix) Form PC-203C-Actuarial Valuation Report:
				Nonuniformed Pension Plan With Defined Benefits.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part IV - Public Employee Retirement Commission › Chapter 203 - ACTUARIAL AND FINANCIAL REPORTS ON MUNICIPAL EMPLOYE PENSION SYSTEMS › Section 203.2 - Procedures for the preparation of actuarial valuation report

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Actuarial value of pension plan
				assets.
The actuarial value of pension plan assets are the value of
				cash, investment securities and other property belonging to the municipal
				pension plan according to a method for valuing assets adopted by the governing
				body of the municipal pension plan upon the recommendation of the actuary. The
				method for valuing assets shall be adequately disclosed in the accompanying
				documentation or exhibits and may not produce a result that in total is greater
				than 120% or less than 80% of the fair market value of the assets of the
				municipal pension plan.
(b)
Actuarial payroll.
If the amount of the payroll used in the
				preparation of the actuarial valuation report differs from the amount of the
				gross payroll of the active members of the pension plan, the actuary shall
				disclose the basis for the difference in the payroll amounts.
(c)
Aggregated amortization target
				date.
In an actuarial valuation report prepared after 1985,
				amortization target dates for each increment or decrement of the unfunded
				actuarial accrued liability occurring since the last actuarial valuation report
				filed under section 201 of the act (53 P. S. §
										895.201) shall be established under section
				202(b)(4) (53 P. S. §
										895.202(b)(4)) of the act.
				An actuarial valuation report prepared after 1985 shall also establish an
				aggregated amortization target date for increments or decrements of unfunded
				actuarial accrued liability occurring since the actuarial valuation report
				prepared for the 1985 plan year. The aggregated amortization target date shall
				be based on the net amortization contribution of the individual amortization
				schedules being aggregated and shall maintain the actuarial present value
				equivalency of the individual amortization schedules being
				aggregated.
(d)
Cancellation of amortization schedules in certain instances.
If, in the preparation of an actuarial valuation report, the assets of the
				pension plan are determined to be in excess of the actuarial accrued liability,
				amortization schedules established under section 202(b)(4) of the act shall be
				cancelled and the funding adjustment to the minimum municipal obligation to the
				pension plan specified in section 302(c)(3) of the act (53 P. S. §
										895.302(c)(3)) shall be
				applied.
(e)
Treatment of
				funding deviations.
If funding provided to a municipal pension plan
				exceeds or is less than the full financial requirements of the pension plan
				determined under section 302(b) of the act, the amount of the funding deviation
				shall be treated as an actuarial gain or loss and amortized under section
				202(b)(4) of the act.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part IV - Public Employee Retirement Commission › Chapter 203 - ACTUARIAL AND FINANCIAL REPORTS ON MUNICIPAL EMPLOYE PENSION SYSTEMS › Section 203.5 - Procedure for authorization of the use of an approximation technique for the valuation of ancillary benefits

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Authorization to utilize an approximation technique for the valuation
				of ancillary benefits.
An actuarial valuation report that uses an
				aproximation technique for the valuation of ancillary benefits shall include a
				statement, signed by the actuary, justifying the use of the approximation
				technique. The statement shall indicate the following:
(1) In general, the impracticality,
				difficulty and undesirability to the municipality and to the participants and
				benefit recipients of the municipal pension plan of utilizing the actuarial
				cost method used to value the retirement benefit to also value ancillary
				benefits. The statement shall show the greater practicality, facility and
				desirability to the municipality and to the participants and benefits
				recipients of the municipal pension plan of utilizing the approximation
				technique for the valuation of ancillary benefits.
(2) Whether an approximation technique has
				been utilized for the valuation of ancillary benefits in prior actuarial
				valuations prepared for the municipal pension plan. If so, the approximation
				technique which was used. If no prior approximation technique has been used,
				the specific reasons why an approximation technique is currently being sought,
				although not utilized previously.
(3) In the best judgment of the actuary, the
				extent and magnitude of the risk of distortion in the actuarial valuation
				report data as a result of the use of the approximation technique rather than
				the actuarial cost method that is used to value the retirement benefit. The
				statement shall show special steps that the actuary intends to take to monitor
				a distortion in the actuarial valuation report data, if any, that results from
				the use of the approximation technique.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part IV - Public Employee Retirement Commission › Chapter 204 - ACTUARIAL FUNDING STANDARD › Section 204.1 - Determination of minimum municipal obligation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Latest actuarial valuation
				report
. Under section 302 of the act (53 P. S. §
										895.302), the minimum municipal obligation is
				based on the latest actuarial valuation report prepared under the requirements
				of Chapter 2 of the act (53 P. S. §§
										895.201-895.208). When an actuarial valuation
				report has been prepared but not transmitted to the municipality, the
				municipality may utilize data extracted from that actuarial valuation report.
				The extracted data shall be compiled in a written document and certified by the
				actuary engaged to prepare the actuarial valuation report. If the data
				contained in the actuarial valuation report subsequently filed with the
				Commission differ from the extracted data previously certified and used to
				determine the minimum municipal obligation, the data resulting in the higher
				minimum municipal obligation will be applied in determining compliance with the
				actuarial funding standard.
(b)
Estimation of member contributions for defined benefit pension
				plans
. When the minimum municipal obligation is calculated under
				section 302(c) of the act, the estimated member contributions used in the
				calculation of the minimum municipal obligation shall be the member
				contribution rate applied to the payroll used in calculating the normal cost
				requirements of the pension plan.
(c)
Payroll definitions
.
(1)
Defined benefit pension
				plans
. The payroll used in determining the minimum municipal
				obligation of a pension plan under section 302(c) of the act shall be based on
				the payroll to be reported on the Internal Revenue Service Form W-2 and shall
				be calculated as the total payroll for active members of the plan as of the
				date of the determination, plus the payroll for the same active members of the
				plan projected to the year's end using the payroll rates in effect as of the
				date of the determination. Adjustments to the payroll calculated under the
				method prescribed in this section may only be made if the adjustments result in
				a payroll amount that is greater than the payroll amount calculated under this
				paragraph.
(2)
Defined
				contribution pension plans
. The payroll used in determining the
				minimum municipal obligation of a pension plan under section 303(c) of the act
				(53
				P. S. §
											895.303(c))
				shall be based on the payroll to be reported on the Internal Revenue Service
				Form W-2 and shall be the estimated payroll for the active membership of the
				pension plan, including projected increases in active membership, for the
				following plan year.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part IV - Public Employee Retirement Commission › Chapter 205 - RECOVERY PROGRAM FOR MUNICIPAL PENSION SYSTEMS › Section 205.1 - Procedure for applying for distress determination and participation in recovery program

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				municipality choosing to apply for a determination of financial distress shall
				do so by filing a letter request for determination of financial distress.
(1) A municipality choosing to apply for a
				determination of financial distress shall file a letter request for
				determination of financial distress with the Commission by the last business
				day in June preceding the calendar year in which initial implementation of the
				recovery program provisions is anticipated. If the letter request for
				determination of financial distress is not submitted in a timely fashion, a
				distress determination will not be made and the municipality will be ineligible
				to participate in the recovery program until a distress determination is made
				for the municipality in the following calendar year.
(2) A municipality that has previously
				received a distress determination under this section and has elected to
				participate in the recovery program is not required to apply for subsequent
				distress determinations. The municipality's initial application for a distress
				determination shall be considered as continuing until the municipality notifies
				the Commission to the contrary.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part IV - Public Employee Retirement Commission › Chapter 205 - RECOVERY PROGRAM FOR MUNICIPAL PENSION SYSTEMS › Section 205.3 - Aggregation of municipal pension plan assets

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Implementation of the aggregation of
				municipal pension plans assets into a single pension trust fund under section
				607(b) of the act (53 P. S. §
										895.607(b)) shall be subject
				to the provisions of a prior contract for the administration of a pension fund
				that clearly preclude the transfer of the legal title of the assets and the
				disbursement of the assets as one or more of the following: interfund loan,
				interfund advance, intrafund loan or intrafund advance. A new contract or
				amendment to a prior contract shall provide for the aggregation of municipal
				pension plan assets under section 607(b) of the act.
(b) A municipality participating in level II
				of the recovery program that intends to establish eligibility for Supplemental
				State Assistance and a municipality participating in level III of the recovery
				program shall submit to the Commission, by September 30, 1987, or September 30
				of the year following the year in which the municipality first elects to
				participate in the recovery program, whichever is later, documentation
				evidencing the implementation of an aggregated pension trust fund in accordance
				with section 607(b) of the act. The documentation shall be prepared in
				accordance with instructions issued by the Commission and transmitted to each
				municipality participating in level II or level III of the recovery
				program.
This section cited in 16 Pa. Code §
											205.8 (relating to Supplemental
					 State Assistance).
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part IV - Public Employee Retirement Commission › Chapter 205 - RECOVERY PROGRAM FOR MUNICIPAL PENSION SYSTEMS › Section 205.4 - Revised benefit plan for newly hired municipal employes

Current through Register Vol. 54, No. 28, July 13, 2024
A municipality participating in level III of the recovery
				  program shall submit to the Commission, by September 30, 1987, or September 30
				  of the year following the year in which the municipality first elects to
				  participate in the recovery program, whichever is later, documentation
				  evidencing the establishment of a revised benefit plan for newly hired
				  municipal employes in accordance with section 607(e) of the act (53 P. S. §
										895.607(e)). The
				  documentation shall be prepared in accordance with instructions issued by the
				  Commission and transmitted to each municipality participating in level III of
				  the recovery program.
This section cited in 16 Pa. Code §
											205.8 (relating to Supplemental
					 State Assistance).